City Council:
Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
John Gurney
REGULAR MEETING AGENDA
OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, May 20, 2026
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 Government Code Section 54953.8.3.
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 the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section. When the Mayor announces these agenda items, please form a line to speak.
In the event a Council Member participates remotely for just cause Government Code Section 54953.8.3, 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
REGULAR MEETING
CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Farrar-Rivas, Gurney, Lowe, Ding, Wellander)
REPORT ON CLOSED SESSION
APPROVAL OF THE AGENDA
1. COMMENTS FROM THE PUBLIC
At 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 the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section. When the Mayor announces these agenda items, 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: Introduction and Recognition of the 2026 Student Creative Artist Siena Kelly and Merit Award Winner Kassandra Castillo
6.2: Proclamation Designating the Month of June 2026 as Pride Month in the City of Sonoma
6.3: Presentation Recognizing the City of Sonoma Public Works Department During National Public Works Week May 17 - 23, 2026
6.4: Receive an Update on the Field of Dreams Site Improvements
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 Minutes from Regular Meeting of April 15, 2026 (Monique Saviez Burns, CMC, CPMC, Deputy City Clerk)
RECOMMENDATION: Receive Minutes.
6 - 7
04.15.2026 Regular Meeting Minutes
7.3: Accept the Expenditure Report for the Month of April 2026 (Ryan Kodama, Accounting Manager)
RECOMMENDATION: Accept report
Agenda Report - Expenditure Report - April 2026 - Pdf
8 - 18
7.4: Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Bureau Veritas Technical Assessments LLC Not to Exceed $64,614.03 for Facilities Condition Assessment Consultant Services, and Adopt a Resolution Authorizing a Budget Amendment to Increase Expenditures from the Long Term Building Maintenance Fund (Fund 610) (Ashley Cotter, PW Admin & Project Manager)
RECOMMENDATION: Adopt the Resolutions.
Agenda Report - Facilities Condition Assessment Contract Award - Pdf 19 - 60
8. PUBLIC HEARING
8.1: Public Hearing Regarding the Status of City of Sonoma Vacancies and Recruitment and Retention Efforts for January-December 2025 in Compliance with Assembly Bill (AB) 2561 (Jenny Yankovich, Assistant to the City Manager) RECOMMENDATION: Receive the report.
Agenda Report - AB2561 Report - City Vacancies, Recruitment, Retention - Pdf
61 - 70
8.2: Public Hearing to Consider, Discuss, and Approve a Use Permit and Design Review (UPA 24-2) for Construction of a Proposed New Single-Family Home, Detached Garage, and Pool House at 149 Fourth Street East (APN: 018-051- 014), Including Action to Approve a Categorical Exemption Pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for New Construction of Up to Three Residential Units and Accessory Structures (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Conduct the Public Hearing and Adopt a Resolution approving Use Permit and Design Review (UA 24-2) for construction of a new single-family home, detached garage, and pool house at 149 Fourth Street East (APN: 018-051-014), including action to approve a Categorical Exemption pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for new construction of up to three residential units and accessory structures, as proposed subject to the findings and conditions of approval.
Agenda Report - Brazil Hillside - 149 Fourth St E - Pdf UPDATED - Conditions of Approval - 149 Fourth St E - 05.19.2026 UPDATED - Applicant Attorney Letter 05202026
71 - 211
8.3: Public Hearing to Consider, Discuss, and Approve a Use Permit and Design Review (UA 24-3) for Construction of a Proposed New Single-family Home and Detached Garage at Lot 227 Brazil Street (APN: 018-051-016), Including Action to Approve a Categorical Exemption Pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for New Construction of up to Three Residential Units and Accessory Structures (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Conduct Public Hearing and Adopt a Resolution approving Use Permit and Design Review (UA 24-3) for construction of a new single-family home and detached garage at Lot 227 Brazil Street (APN: 018- 051-016), including action to approve a Categorical Exemption pursuant to 212 - 355
Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for new construction of up to three residential units and accessory structures, as proposed subject to the findings and conditions of approval.
Agenda Report - Brazil Hillside - Lot 227 Brazil Street - Pdf UPDATED - Conditions of Approval - Lot 227 - 05.19.2026 UPDATED - Applicant Attorney Letter 05202026
8.4: Public Hearing to Consider, Discuss, and Approve a Use Permit and Design Review (UA 23-16) for Construction of a Proposed New Single-family Home and Detached Garage at Lot 228 Brazil Street (APN: 018-051-015), Including Action to Approve a Categorical Exemption Pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for New Construction of Up to Three Residential Units and Accessory Structures (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Conduct a Public Hearing and Adopt a Resolution approving Use Permit and Design Review (UA 23-16) for construction of a proposed new single-family home and detached garage at Lot 228 Brazil Street (APN: 018-051-015), including action to approve a Categorical Exemption pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for new construction of up to three residential units and accessory structures, as proposed subject to the findings and conditions of approval.
Agenda Report - Brazil Hillside - Lot 228 Brazil - Pdf
UPDATED - Conditions of Approval - Lot 228 - 05.19.2026 UPDATED - Applicant Attorney Letter 05202026
356 - 506
9. REGULAR CALENDAR – CITY COUNCIL
(Matters requiring discussion and/or action by the City Council)
10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF EARLIER PUBLIC SPEAKERS
REMAIN)
At 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. Rebekah Barr, MMC, City Clerk.
*********************************************************************************************************************************** Copies of all staff reports and documents subject to disclosure that relate to any item of business referred to on the agenda are usually available for public inspection the Wednesday before each regularly scheduled meeting at City Hall, located at No. 1 The Plaza, Sonoma CA. Any documents subject to disclosure that are provided to all, or a majority of all, of the members of the City Council regarding any item on this agenda after the agenda has been distributed will be made available for inspection at the City Clerk’s office, No. 1 The Plaza, Sonoma CA during regular business hours. If you challenge the action of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on the agenda or in written correspondence delivered to the City Clerk at or prior to the public hearing.
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: 2024 Commission _ Committees Roster 12.19.2024 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.
NOTE: Portions of this document may have been drafted with support from AI-based tools, consistent with City of Sonoma policy on use of artificial intelligence. All information represented in this document has been reviewed by City of Sonoma staff.
City Council:
Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Patricia Farrar-Rivas
John Gurney
Jack Ding
REGULAR MEETING MINUTES
OF THE SONOMA CITY COUNCIL
City Council Chambers
177 First Street West
Wednesday, April 15, 2026
6:00 PM Regular Meeting
Regular Meeting Minutes, April 15, 2026
REGULAR MEETING
CONVENE, CALL TO ORDER, & PLEDGE OF ALLEGIANCE
Mayor Wellander called the meeting to order at 6:12 p.m.
ROLL CALL:
PRESENT: Mayor Wellander, Vice Mayor Lowe, Council Member Farrar-Rivas, Council Member Gurney, and Council Member Ding
CLOSED SESSION
There was no reportable action taken in Closed Session
APPROVAL OF AGENDA
Motion by Council Member Farrar-Rivas, seconded by Council Member Gurney, to approve the agenda as presented. Motion carried unanimously by voice vote.
1. COMMENTS FROM THE PUBLIC
Connie Schlelein and Erin McTaggert provided public comments.
2. MEETING DEDICATIONS
Council Member Ding dedicated the meeting to the late Gary Magnani.
3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Council Member Farrar-Rivas attended a Sonoma Clean Power Board meeting on April 2, 2026, and a North Bay Watershed Association meeting on April 10, 2026.
On April 12, 2026, Council Member Ding attended the Sonoma Valley Historical Society’s Mountain Cemetery Tour and participated as one of the reenactors.
Council Member Gurney attended a Sonoma Tourism Improvement District meeting on April 9, 2026, as well as a Sonoma Valley Library Advisory Board meeting.
Vice Mayor Lowe attended a Sonoma County Transportation Authority meeting on April 13, 2026.
On March 31, 2026, Mayor Wellander visited the Train Museum, where he observed the restoration of train engine No. 2472 and viewed other train memorabilia. On April 1, 2026, he attended KSVY’s anniversary celebration and participated in a Sonoma Water Agency tour of Sonoma’s water system.
On April 9, 2026, the Mayor attended the “Spirit Guides” tour at the Sonoma Botanical Garden, and on April 15, 2026, he participated in a webinar regarding current water supplies.
4. CITY MANAGER COMMENTS AND ANNOUNCEMENTS
Interim City Manager Alilovich thanked everyone for the warm welcome she has received to date.
She announced that Siena Kelly is the recipient of the 2026 Student Creative Artist Award and recognized Kassandra Castillo as a merit winner. Interim City Manager Alilovich also reminded the community that the City’s Treasure Artist Reception honoring Ada Limón will be held tomorrow at 5:30 p.m. in the Plaza’s Amphitheater. She announced several upcoming events, including the annual Trashion Fashion Show this weekend at the Sonoma Community Center and the final day to vote in the 2026 Earth Photo Contest. She also noted that a community meeting regarding Citywide Historic Resources will be held on April 22, 2026; the Trash Bash will take place at the Sonoma Community Center on April 25, 2026, from noon to 2:00 p.m.; the Tuesday Night Market season begins on May 5, 2026; and the Kyle Petty Ride Across America will begin its journey from The Lodge on the morning of May 1, 2026.
5. CITY ATTORNEY COMMENTS
None.
6. PRESENTATIONS
Item 6.1: Proclaiming April 2026 as Parkinson's Disease Awareness Month
7. CONSENT CALENDAR – CITY COUNCIL
Agenda Item #7.2:
Regular Meeting Minutes, April 15, 2026
Motion by Council Member Farrar-Rivas, seconded by Vice Mayor Lowe, to approve the Consent Calendar as presented. Motion carried unanimously.
Public Comment: Tom Conlon
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 the Minutes from the Regular Meeting of March 30, 2026 (Monique Saviez Burns, CPMC, CMC, Deputy City Clerk)
Action: The minutes were accepted.
Item 7.3: Accept the Expenditure Report for the Month of March 2026 (Ryan Kodama, Accounting Manager)
Action: The expenditure report was accepted.
Item 7.4: Adopt a Resolution Authorizing the Interim City Manager to Execute a Contract Amendment to the Contract with GHD, Inc. for the Design of the Citywide Bicycle and Pedestrian Improvements Project (CIP T-6), In An Amount Not to Exceed $49,857, For a Total Contract Value of $432,287 (Ashley Cotter, PW Admin & Project Manager and Mike Berger, Public Works Director) Action: Adopted as Resolution 19-2026.
Item 7.5: Adopt an Ordinance Amending Sonoma Municipal Code Section 13.20.010 and Finding the Ordinance Exempt from the California Environmental Quality Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines (Ashley Cotter, PW Admin & Project Manager and Mike Berger, Public Works Director) Action: Adopted as Ordinance 03-2026.
Item 7.6: Adopt a Resolution Authorizing a Budget Amendment to Increase One Time Expenditures from the Long-Term Building Maintenance Fund by $26,980 for Police Station Maintenance and Repairs (Ashley Cotter, PW Admin & Project Manager and Mike Berger, Public Works Director)
Action: Adopted as Resolution 20-2026.
Item 7.7: Adopt a Resolution Authorizing a Budget Adjustment to Move Funds from Water Enterprise Fund General Supplies to the Vehicle Replacement Fund for the Purchase of a Backhoe Thumb Attachment (Ashley Cotter, PW Admin & Project Manager and Mike Berger, Public Works Director)
Action: Adopted as Resolution 21-2026.
8. PUBLIC HEARING
None.
9. REGULAR CALENDAR – CITY COUNCIL
Vice Mayor Lowe recused herself from the remainder of the meeting at 6:50 p.m. because she resides less than 500 feet from a Mobilehome park.
Item 9.1: Study Session to Discuss Draft Ordinance for Mobilehome Park Closures and Conversions Under the City of Sonoma Municipal Code and Recent Legislative Changes Under AB 2782 and SB 610 (Jennifer Gates, AICP, Community Development Director)
Action: Study session was held and direction given.
Public Comment: Bonnie Joy Kaslan, Lin Marie Devincent, Regina Baker, Patrice Schmidt, Mary Sterns, Jody Johnson, Dean Moser, Saul, John Kyle, Caitlin Cornwall, Kate Viby, and an anonymous speaker.
10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF PUBLIC SPEAKERS REMAIN FROM ITEM 2.0) None.
11. ADJOURNEMENT
Mayor Wellander adjourned the meeting at 9:30 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 May 2026.
______________________________________________
Monique Saviez Burns, CPMC, CMC, Deputy City Clerk
Agenda Item #7.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 May 2026
Department
Finance
Staff Contact
Ryan Kodama, Accounting Manager
Agenda Item Title
Accept the Expenditure Report for the Month of April 2026 Summary
The attached report shows disbursements for the month of April 2026.
Resolution 20-2026 increased the budget in Fund 610 (Longterm Building Maintenance) by $26,980 for repairs to the Police Station.
Resolution 21-2026 increased the budget in Fund 603 (Vehicle Replacement) and decreased the budget in Fund 510 (Water Utility) in the amount of $21,563.61 to properly account for the purchase of an attachment to a backhoe.
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, April 2026
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Disbursement Report April 2026
Resolution 20-2026
Resolution 21-2026
Fund Glossary
Agenda Item #7.3:
DISBURSEMENT REPORT APRIL 2026
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 21,786,266 29,543,090 74% 17,065,750 City Council 41001 13,060 100,857 150,401 67%
City Clerk 41002 27,936 369,316 463,743 80%
City Manager 41003 117,561 1,033,158 1,265,317 82%
Finance 41004 44,993 625,912 903,151 69%
City Attorney 41005 55,244 232,984 285,000 82%
Police 42101 483,037 5,621,063 7,778,032 72%
Fire 42201 626,954 6,901,244 8,122,755 85%
Public Works - Admin 43020 63,549 476,772 637,510 75%
Public Works - Streets 43022 95,367 1,207,905 1,498,358 81% Parks & Recreation 43023 98,567 1,256,500 1,869,606 67% Planning 43030 115,054 1,210,167 2,014,937 60%
Building 43040 54,408 769,636 1,216,111 63%
Community Activities 43101 64,242 955,525 1,223,734 78% Successor Agency 43199 8,213 101,126 184,500 55%
Non-Departmental 43200 59,958 679,782 829,040 82%
Emergency Response 43201 6,226 59,088 117,189 50%
Public Information 43203 11,386 149,257 208,492 72%
Transfers 43999 - 1,071,025 1,220,000 88%
Total General Fund Expenditures 22,821,318 1,945,753 29,987,876 76% Other Funds
Public Education & Gov 202 18,991 - 18,318 - 0% (23,340) Strong Motion 203 232 - - - 0% 7,011
Asset Forfeiture 211 457 - - - 0% 17,828
SLESF C.O.P.S Grant 217 112,433 - 120,000 120,000 100% 408,577 Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,195)
Schell Drainage 234 5,527 - - - 0% 74,609
Abandoned Vehicle 240 500 1,259 9,671 15,000 64% (39,159) Streets/Transport/Drain 301 303,952 1,631 207,468 300,000 69% 127,541 Gas Tax 302 249,930 3,708 149,882 414,545 36% 946,304
SB-1Road Maint 303 211,025 1,126 105,327 204,200 52% 766,886 Parks & Facilities 304 637,361 19,606 100,234 625,000 16% 619,956 Fire Measure H 312 394,120 199,518 392,623 708,000 55% 1,497 Transportation Measure M 313 117,988 - 200,000 200,000 100% 359,144 Parks-In-Lieu/Quimby Act 314 21,041 - - 225,000 0% 21,041 Parks Measure M 315 135,619 - - 84,999 0% 800,355
Prop 68 Parks 316 - - - - 0% (162,690)
Successor Agency 391 1,327,712 450 1,380,453 2,599,306 53% (17,866,855) CREBS 495 - - - - 0% -
2012 POB 498 34 - - - 0% (5,197)
Cemeteries 501 337,264 31,013 314,594 791,396 40% (2,167,049) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 33,228 - 47,000 47,000 100% 729,159 Water Utility 510 6,748,934 364,557 5,253,256 7,375,412 71% 11,079,368 Water CIP 512 727,721 - 45,622 655,000 7% 1,149,188
Water Equip Replacement 513 18,978 - - - 0% 745,236
EMS Equip Replacement 521 2,239 - - - 0% 86,888
Mgmt Information Srvcs 601 498,105 24,175 430,794 638,288 67% 456,829 Vehicle Replacement 603 827,922 - 433,814 693,548 63% 1,645,030 Insurance 604 1,333 - - - 0% 51,998
Building Maintenance 610 525,458 - 235,376 391,145 60% 3,875,917 Computer Loan 614 1,705 - - - 0% 66,752
Hardscape Maint 615 693 - - - 0% 27,117
Admin Hearings 620 226 - - - 0% 1,051
Grants Restricted 630 28,031 - 19,736 - 0% 39,840
Culture Fine Art 701 318 - - - 0% 12,644
Tree Trust 702 500 - - - 0% 19,913
Public Art 703 27,127 - 766 35,000 2% 97,217
Pool Scholarship 715 5,205 - 25,000 25,000 100% 185,065 Senior Housing 731 4,857 - 25,454 25,454 100% 195,933
Housing Trust 732 480,625 - 250,000 250,000 100% 2,787,221 IGT 796 1,169,211 81,992 1,262,392 1,585,968 80% 1,914,903 SVFRA Operations 798 24,768 - - - 0% 618,027
TOTAL 2,674,789 36,787,638 33,849,098 47,997,138 71%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.3:
(titty of gymmnm
RESOLUTION# Q0 -2026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMAAMENDING THE FISCAL YEAR 2025-26 ADOPTED BUDGET
WHEREAS, on June 18, 2025, the City Council ofthe City of Sonoma adopted Resolution 37- 2025, adopting the budget for Fiscal Year 2025-26 and
WHEREAS, the changes in anticipated revenues and/or expenditures of the City of Sonoma necessitate amendments to the appropriations for Fiscal Year 2025-26; 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 2025-26 budget amendment; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby adopts the budget amendment for Fiscal Year 2025-26 as contained in Exhibit A to this resolution.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 15Ihday of April 2026, by the following vote:
AYES: GURNEY, DING, FARRAR-RIVAS, LOWE, WELLANDER
NOES:
ABSENT:
ABSTAIN:
A Ron Weilander, Mayor
ATTEST:
7/7004“¢/&e Moniq eISaviezBLI CPMC, CMC
Deputy City Clerk
Agenda Item #7.3:
Budget Adjustment Form Finance Department Use Only
Batch ID#:
Entered By:
Date:
Request Date: 4/6/2026 Fiscal Year: 2025-26
Requesting Department: Public Works
Adjustment Description: Ad'ustment for Repairand Maintenance for Police Station Requester: AshleyCotter, PW Admin/Pro'ect Manager
Department Head Approval: Mike Berger,Director of Public Works Date: 4/6/2026 Finance Review: Ryan Kodama, AccountingManager Date: 4/6/2026 City Manager Approval (itrequired)‘: Cristine Aiilovich,Interim CityManager Date:
Account Description of Adjustment increase / (Decrease) Total Revenue Adjustments:
-
Account Description of Adjustment Increase l (Decrease) Increase of LTBMExpenditurese in Construction and Materials for 610-64250-011-70703 repairs required at the Police Station 26,980.00 Total Expenditure Adjustments: 26,980.00
Net Adjustment: 26,930.00
26.980.00
_
TOTAL DEBIT TOTAL CREDIT
Justification:
The Police Department has several repairs needed due to a leak from the HVAC equipment - this includes repairs to the
City Clerk Signature (ifrequired)“:
" City Manager Approval required for transfers between depanments within the same fund.any changes to salary/bene?t budgets, or matching increases to revenue and expense budgets.“ City Clerk Signature indicates that the requested Budget Adjustment was approved by Council.
Agenda Item #7.3:
Qtttyof $nnnnm
RESOLUTION# 94 —2026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING THE FISCAL YEAR 2025-26 ADOPTED BUDGET
WHEREAS, on June 18, 2025, the City Council ofthe City of Sonoma adopted Resolution 37— 2025 adopting the budget for Fiscal Year 2025-26 and
WHEREAS, the changes in anticipated revenues and/or expenditures of the City of Sonoma necessitate amendments to the appropriations for Fiscal Year 2025—26;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 2025-26 budget amendment; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby adopts the budget amendment for Fiscal Year 2025—26 as contained in Exhibit A to this resolution,
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 15‘hday of April 2026, by the following vote:
AYES: GURNEY, DING, FARRAR-RIVAS, LOWE, WELLANDER
NOES:
ABSENT:
ABSTAIN:
MoniqueKSaviezBu s CPMC, CMC
Deputy City Clerk
Agenda Item #7.3:
Budget Ad iLlStmentForm Finance Department Use Only
Batch |D#:
Entered By:
Date:
Request Date: 4/6/2026 Fiscal Year: 2025-26
Requesting Department: Public Works
Adjustment Description: Ad'ustment for Purchse of Backhoe Thumb Attachment Requester: AshleyCotter, PW Admin/Project Manager
Department Head Approval: MikeBerger,Director of Public Works Date: 4/6/2026 Finance Review: Ryan Kodama, Accounting Manager Date: 4/6/2026 City Manager Approval (ifrequired)“: Cristine Alilovich,Interim Gig Manager Date:
Account Description of Adjustment Increase / (Decrease) Total Revenue Adjustments:
-
Account Description of Adjustment Increase / (Decrease) Funding from Water Enterprise Fund General Supplies for 510-62001-501-70501 purchase of Thumb Attachment (21,563.61) Funding from Water Enterprise Fund General Supplies for 603-64510-604-70604 purchase of ThumbAttachment 21,563.61 Total Expenditure Adjustments:
-
Net Adjustment:
-
TOTAL DEBIT TOTAL CREDIT
Justification:
The Water Department would like to purchase a thumb attachment for the backhoe. This was not budgeted through the VRF. but the Water Fund General Supplies line item has sutticient funding for this purchase. However, this will not accurately capture CityCIerkSignature(ifrequired)“: ; [/70W’Ik
‘ City Manager Approval required for transfers between departments within the same fund.any changes to salary/bene?t budgets, or matching increases to revenue and expense budgets.“ City Clerk Signature indicates that the requested Budget Adjustment was approved by Council.
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.
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.
Agenda Item #7.3:
City of Sonoma
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 pergallon 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 encompassing 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.
CREBS (Clean Renewable Energy Bonds) (Fund 495): Bonds to pay for solar projects at the Police Station and Corporation Yard. Not Currently Active Fund
Agenda Item #7.3:
City of Sonoma
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 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.
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
Agenda Item #7.3:
City of Sonoma
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 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.
Agenda Item #7.3:
City of Sonoma
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 May 2026
Department
Public Works
Staff Contact
Ashley Cotter, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Bureau Veritas Technical Assessments LLC Not to Exceed $64,614.03 for Facilities Condition Assessment Consultant Services, and Adopt a Resolution Authorizing a Budget Amendment to Increase Expenditures from the Long Term Building Maintenance Fund (Fund 610)
Summary
The City of Sonoma currently owns 25 facilities. Deferred maintenance on facilities and large facilities projects are funded out of the Long Term Building Maintenance Fund (LTBM), which functions as an internal service fund (ISF) for building maintenance in a timely manner. The City currently has a positive fund balance in the LTBM, however, no major capital projects have been programmed, as the City does not currently have a prioritization for what facility needs are most critical. The Facilities Condition Assessment (FCA) will provide a ranking and prioritization of the current needs of all 25 facilities.
A Request for Proposals (RFP) for facilities condition assessment services was issued by the Public Works Department on January 6, 2026. The scope of this RFP included conducting a thorough assessment of the current condition of City owned facilities, which will be used to inform estimated remaining useful life of key facility components and systems. Key deliverables include a 10-year capital and maintenance expenditure plan (Facilities Master Plan), with estimated costs and timing for recommended maintenance and/or replacement of facilities or key components. This also included a request to include sustainability driven replacement options and recommendations.
Twelve proposals were received and reviewed by department members from Public Works and the Sonoma Valley Fire District. Ultimately, staff recommends contracting with Bureau Veritas.
The review of the proposals was based on qualifications, not cost; however, the City's purchasing policy does allow City staff to consider cost when selecting consultants, but it cannot be the main reason for selection.
Staff has recommended that the Long Term Building Maintenance (LTBM) fund this effort.
During Fiscal Year 2025-26 budget adoption, staff allocated $46,000 in one-time costs for this effort. Staff recommends increasing that to the whole contract amount ($64,613.03), plus 10% in contingency ($6,461.30) which represents an increase of $25,074.33.
Recommended Council Action
Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with Bureau Veritas Technical Assessments, LLC Not to Exceed $64,614.03 for Facilities Condition Assessment Consultant Services and Adopt a Resolution Authorizing a Budget Amendment to Increase Expenditures from the Long Term Building Maintenance Fund (Fund 610).
Agenda Item #7.4:
Alternative Actions
Council discretion.
Financial Impact
During FY25-26 Budget Adoption, $46,000 was allocated to this assessment in the Long Term Building Maintenance Fund (LTM). However, the funding allocated is not sufficient to cover the cost of the awarded contract. Staff recommend increasing the expenditures to the full contract amount, in addition to 10% additional for contingency, which represents a budget increase of $25,074.33. The LTBM has sufficient funding to address this increase.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Facilities Contract Award
PSA -_Bureau Veritas_FCA_2026
Resolution - Budget Amendment
Budget Adjustment - Facilities Condition Assessment
Agenda Item #7.4:
438846.1
City of Sonoma
RESOLUTION # ______- 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING
THE INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICE AGREEMENT
WITH BUREAU VERITAS
WHEREAS the City of Sonoma has identified a need for a condition assessment to assess and prioritize key components of facility components and systems; and WHEREAS, a Request for Proposal (RFP) for fleet analysis services was issued by the Public Works Department on January 6, 2026 and twelve proposals were received; and WHEREAS, given that this effort is highly interdepartmental, staff from Finance, Parks, Public Works, and the Sonoma Valley Fire District collectively reviewed all proposals; and WHEREAS, ultimately Bureau Veritas, LLC., was deemed highly qualified to support the City in this effort to provide a facilities condition assessment and facilities master plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the Interim City Manager is authorized to execute a Professional Services Agreement with Bureau Veritas, LLC in an amount not to exceed $64,614.03 for facilities condition assessment services.
RESOLVED, PASSED, AND ADOPTED this 20th day of May 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Ron Wellander, Mayor
ATTEST:
________________________________
Rebekah Barr, City Clerk
Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 1 of 22
Approved for use: 1/1/2025
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(City of Sonoma / Bureau Veritas Technical Assessments LLC)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Sonoma, a California municipal corporation (“City”), and Bureau Veritas Technical Assessments LLC, a Maryland Limited Liability Company (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: Facilities Condition Assessment and Master Plan Services.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
2.3 City has relied upon the professional ability and training of Consultant as a material inducement to enter into this Agreement. Consultant shall perform in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of Consultant’s work by City shall not operate as a waiver or release. Consultant represents and warrants to City that (a) it has all licenses, permits, qualifications, insurance and approvals of whatever nature which are legally required for Consultant to practice its profession, and (b) it shall, at its sole cost, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals which are legally required for Consultant to practice its profession. Consultant shall indemnify and hold harmless the City from and against any and all claims or expenses caused or occasioned directly or indirectly by Consultant’s failure to so perform.
Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 2 of 22
Approved for use: 1/1/2025
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 “Agreement Administrator” for this project means 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 Consultant’s February 20, 2026 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means May 20, 2026.
3.4 “Consultant Project Administrator” means Erik Piller, Project Executive.
The Consultant Project Administrator will be the principal point of contact for the Consultant.
3.5 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Sixty Four Thousand Six Hundred Fourteen Dollars and Three Cents($64,614.03).
3.6 “Scope of Services” means such professional services as are set forth in Consultant’s February 20, 2026 proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.
3.7 “Termination Date” means October 30, 2026.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below. Consultant may request extensions of time to Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 3 of 22
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perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.
5. CONSULTANT’S SERVICES
5.1 Time is of the essence in Consultant’s performance of services under this Agreement.
5.2 Consultant shall perform the services identified in the Scope of Services.
City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:
5.2.1 Only the City Public Works Director or City Council may authorize extra and/or changed work. Consultant expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Consultant to secure the Council’s or City Public Works Director’s authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in the Maximum Amount due to such unauthorized work and Consultant thereafter shall be entitled to no compensation whatsoever for performance of such work.
5.2.2 If the Consultant is of the opinion that any work s/he has been directed to perform is beyond the scope of this Agreement and constitutes extra work, s/he shall promptly notify the Agreement Administrator of this opinion. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Agreement and constitutes extra work. In the event that the City determines that such work does constitute extra work, it shall provide extra compensation to the Consultant on a fair and equitable basis. A Supplemental Agreement providing for such compensation for extra work shall be negotiated between the City and the Consultant. Such Supplemental Agreement shall be Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 4 of 22
Approved for use: 1/1/2025
executed by the Consultant and be approved by the City in accordance with its purchasing policy.
5.2.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.
5.3 In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount payable above. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.
5.4 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict-of-interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
5.5 Consultant shall obtain and maintain in force a City business license for the term of this Agreement.
5.6 Consultant represents that it has no known relationships with third parties, City Council Members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 5 of 22
Approved for use: 1/1/2025
(iii) present a significant opportunity for the disclosure of confidential information.
5.7 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.8 This Agreement is subject to Government Code section 84308, as amended by Senate Bill 1439 (2022), Senate Bill 1181 (2024), and Senate Bill 1243 (2024). Consultant shall disclose any contribution to an elected or appointed City official’s campaign or committee in an amount of more than five hundred dollars ($500) made within 12 months preceding the Commencement Date, by Consultant, its, her, or his agent, or another party affiliated with Consultant. Consultant shall provide a signed copy of the attached Campaign Contribution Disclosure Form, Exhibit C, to City prior to, or concurrent with, Consultant’s execution of this Agreement and no later than the Commencement Date.
5.9 Pursuant to Government Code section 1097.6, Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.
Consultant shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant, if any, pursuant to this Agreement.
5.10 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 6 of 22
Approved for use: 1/1/2025
perform such services. The Consultant Project Administrator shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.
5.11 This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
5.12 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
5.13 Consultant shall notify the Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
5.14 Prevailing Wage Notice.
5.14.1 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of
prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.
5.14.2 In the event Consultant will perform inspection services, City or authorized representatives of the City shall have the right to inspect the work of such services whenever such representatives may deem such inspection to be desirable or necessary. Inspections by the City do not in any way relieve or minimize the responsibility of Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 7 of 22
Approved for use: 1/1/2025
Consultant to conduct the inspections Consultant has expressly agreed to perform pursuant to this Agreement. Consultant shall be solely liable for said inspections performed by Consultant.
Consultant shall certify in writing to the City as to the completeness and acceptability of each inspection of improvement or
construction which Consultant agrees to inspect hereunder.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.
6.3 City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law.
Consultant shall be solely responsible for calculating, withholding, and paying all taxes.
6.4 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
Agenda Item #7.4:
Professional Services Agreement
(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 8 of 22
Approved for use: 1/1/2025
8. RELATIONSHIP OF PARTIES
8.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
8.2 Under no circumstances shall Consultant look to the City as its employer.
Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
9. CONSULTANT PROJECT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees, and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the parties intend the Agenda Item #7.4:
Professional Services Agreement
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provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law.
Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend (with counsel satisfactory to City) City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants, or anyone directly or indirectly employed by either Consultant or its subconsultants, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation.
Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent.
10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
Agenda Item #7.4:
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10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement.
This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subconsultant of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City Agenda Item #7.4:
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(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 11 of 22
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for employer contribution and/or employee contributions for CalPERS benefits.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below.
Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.
11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance written on a per occurrence basis with coverage limits of not less than Two Million Dollars ($2,000,000) per occurrence and Four Million Dollars ($4,000,000) general aggregate, including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).
11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.
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11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate. In the event Consultant’s policy is a “claims made” policy only covering those claims made during the policy period, then Consultant agrees to maintain the professional liability insurance required hereunder and with respect to this project in effect for at least three (3) years after acceptance of the work. The retroactive date of the policy must be shown and must be before the Commencement Date of this Agreement. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date before the Commencement Date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.
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11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss.
Consultant hereby waives all rights of subrogation against the City.
Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or selfinsured retention to guarantee payment of losses and expenses.
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11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
11.14.1All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.
11.14.2Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
12. MUTUAL COOPERATION
12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to Agenda Item #7.4:
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charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Michael Berger
City of Sonoma
Public Works
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
If to Consultant:
Erik Piller
Bureau Veritas
6021 University Boulevard, Ste 200
Elliott City, MD, 21043
Telephone: 800-733-0660, Ext. 729704
Email: [email protected]
Agenda Item #7.4:
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(City of Sonoma / Bureau Veritas Technical Assessments LLC) 336531.3 Page 16 of 22
Approved for use: 1/1/2025
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]
17. SURVIVING COVENANTS
The parties agree that the covenants contained in Paragraph 8.2, Section 10, Paragraph 12.2, Section 13, and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
18.1 The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in Section 16 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such Agenda Item #7.4:
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materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the City Public Works Director in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this Paragraph 18.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.
18.2 Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause. Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
18.3 Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event. Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.
18.4 In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Paragraph 3.5 above and as otherwise provided in this Agreement.
19. GENERAL PROVISIONS
19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written Agenda Item #7.4:
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consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
19.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or applicant for employment because of race, color, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis, including without limitation, the City’s Non-Discrimination Policy adopted as Resolution #25-2019.
Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
19.3 Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.
19.4 The captions appearing at the commencement of the Sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the Section or Paragraph thereof at the head of which it appears, the Section or Paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).
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19.5 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.
19.6 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
19.7 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
19.8 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
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19.9 This Agreement shall be governed and construed in accordance with the laws of the State of California.
19.10 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.
19.11 Nonprofit service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12-month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.
19.12 This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
19.13 This Agreement shall be binding on successors and assigns of the parties.
19.14 Except as expressly stated herein, there is no intended third-party beneficiary of any right or obligation assumed by the parties.
19.15 The recitals are incorporated by this reference.
Agenda Item #7.4:
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[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: Cristine Alilovich
Title: Interim City Manager
Date:______________________
“Consultant”
Bureau Veritas Technical Assessments
LLC
By:________________________________
Signature
Printed: Erik Piller
Title: Executive Vice President
Date:______________________
Attest:
By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Printed: Matthew Munter
Title: Executive Vice President
Date:______________________
Approved as to form:
By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Agenda Item #7.4:
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“EXHIBIT A”
Scope of Work
Agenda Item #7.4:
11 Project Understanding
BV understands that the Facility Condition Assessment (FCA) project with the City of Sonoma (“the City”) will:
• Include a comprehensive assessment of all sites,
buildings, building systems, and infrastructure.
• Follow ASTM E2018-24 Standard Guide for Property
Condition Assessments, as applicable.
• Determine the present condition and estimated life
expectancy of various building systems and components.
• Identify and document present condition of all physical assets including grounds, facilities, and infrastructure. • Recommend corrections for all deficiencies and provide cost estimates for corrections.
• Prioritize and categorize deficient conditions, associated corrective actions, and information concerning building systems and deficiency categories.
• Establish anticipated renewal and replacement costs for the various systems and components.
• Result in strategic plan for capital repairs, lifecycle component replacement, and building modernization.
• Calculate the Current Replacement Value (CRV) and
Facility Condition Index (FCI) for each facility.
• Establish a protocol for FCA data to migrate/transfer to a CMMS/IWMS system.
We understand that a key factor to performing FCAs is the evaluation of physical needs and accurate forecasting
for capital repair and replacement budgets. Pre-emptive measures to manage maintenance budgets and programs
are essential in ensuring the elimination of potential issues, which can range from deferred maintenance, or premature replacement of building systems that can prove costly.
Data Gathering and Interview
Our project plan details three distinct phases of the project.
During each phase, we will require coordination and support from the City's facility management.
Data Gathering Phase – BV will need the support of staff who can provide us access to drawings and records. The
following is a typical list of exhibits requested.
• Inspection reports (sewer, boiler, chiller, etc)
• Building systems Maintenance Records
• Maintenance policy documentation
• Owner elected repair list (if available)
• Original building plans (can be viewed on-site)
• Capital expenditure schedules (prior or planned)
• Fire protection / life safety plans
• Rehabilitation budget and scope (draft or final)
• Certificates of occupancy / facility license
• Prior assessments
• Site plan / floor plans
• Accessibility transition plans / studies
• CMMS / IWMS data set
In addition to the drawings and records, we will supply a presurvey questionnaire for each facility or site. Our expectation is that someone with knowledge of maintenance and
operations of the facility will complete this survey and be prepared to discuss it with us while on-site.
Site Phase – BV will need support in the form of escorts while in the facilities to help us access mechanical areas, to discuss with us any known issues in the facility, and to answer other technical questions.
Report Review Stage – BV will provide a complete
deliverable for each building.
BV will become familiar with the City's existing Project Directory - property list and contact directory for each location. We will contact or interview the facilities contacts as part of tour process to determine current use requirements and priority of properties based on agency goals.
Working with the City, we will develop procedures to gain Facility Access. Our visits will be coordinated and preapproved by the City prior to the visit. We will work with the City to establish a protocol that will ensure that our activities will have minimal disruption to the operation of each facility and will maintain a safe work environment.
Technical Approach
Prior to assessments, BV will conduct a Kick-Off Meeting to review requirements and to consolidate exhibits such as drawings and prior completed reports.
During the term of the project, BV will conduct regular Progress Meetings to maintain open communication with
the entire project team and the City. BV will lead with an agenda that includes a focus on work plan, schedule,
and project needs. This will permit the opportunity to
proactively address challenges encountered, so that course adjustments may be made. Each meeting will conclude
with task assignments, schedules, and goals to be met. BV will provide the City with a written status report that tracks and monitors the progress of the assessments against the schedule submitted.
5. PROJECT APPROACH
Agenda Item #7.4:
12 BV has allocated time for regular teleconference meetings and the following in-person meetings: Kick-Off Meeting, Pilot Review Meeting, and a Final Findings Presentation meeting. Any additional in-person meetings will be on a time and expense basis.
PILOT PROGRAM
To begin the work, BV proposes a Pilot Program where we will perform an assessment of a single building and prepare a written Draft Report for review. A meeting will be held with the City staff to review the draft report before assessing the remaining buildings. BV’s Assessment Team will visit the building to evaluate the general condition of the buildings and site improvements, review available construction
documents in order to become familiar with, and be able to comment on the in-place construction systems, life safety, mechanical, electrical and plumbing systems, and the
general built environment.
FIELD ASSESSMENTS
The Assessment Team will conduct a walk-through
survey of the facility and site to observe systems and
components, identify physical deficiencies, and formulate recommendations to remedy the physical deficiencies.
As a part of the walk-through survey, the Team will survey 100% of each facility. BV will survey the exterior and
grounds, including the building exterior, roofs, sidewalk/ pavement, and recreational/other areas as applicable.
They will interview the building maintenance staff about the property’s historical repairs and replacements and their costs, level of preventive maintenance exercised, pending repairs and improvements, and frequency of repairs
and replacements. The Assessment Team will develop
opinions based on their site assessment, interviews with the City's building maintenance staff, and interviews with relevant maintenance contractors, municipal authorities, and experience gained on similar properties previously
evaluated.
The Team may also question others who are knowledgeable of the property’s physical condition and operation or
knowledgeable of similar systems to gain comparative
information to use in evaluation of the subject property.
The Assessment Team will review documents and
information provided by the City's maintenance staff
that could aid the knowledge of the property’s physical improvements, extent and type of use, and/or assist in
identifying material discrepancies between reported
information and observed conditions.
The facility condition assessment will will include the City identified assets and will focus on the following facility and site systems and components:
Site + Infrastructure
• Topography: Observe general topography and note any
unusual or problematic features or conditions observed
or reported.
• Paving, Curbing, and Parking: Identify material types of paving and curbing systems at the property.
• Flatwork: Identify material flatwork at the property
(sidewalks, plazas, patios, etc.).
• Landscaping and Appurtenances: Identify material
landscaping features, material types of landscaping
(fences, retaining walls), and site appurtenances
(irrigation systems, fountains, lighting, signage, ponds). • Utilities: Identify type of material utilities provided to the property (water, electricity, natural gas); and assess condition, physical deficiencies, life cycle repair, and replacement issues.
Structural Frame + Building Envelope
• Identify material elements of the structural frame and exterior walls, including the foundation system, floor
framing system, roof framing system, facade or curtainwall system, glazing system, exterior sealant, doors, commercial overhead doors, sliders, windows, and
stairways, etc.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Observations may be subject to grade, and
rooftop vantage points.
• Visually inspect observable areas for cracking and
moisture infiltration as well as areas of apparent
foundation settlement and displacement.
• In the event more information or exploratory testing is required, in order to provide remedial measures, the
report may include recommendation for additional
investigative testing (Tier 1 or Tier 2).
Wall Evaluation
• Photograph elevations and details both from internal
and external vantage points, as well as from adjacent
structures where possible.
• Observe representative operable and fixed panels on all facades, operating a representative sample of units to
assess hardware and visually inspect exterior conditions and condition of waterproofing seals.
• Assess curtain wall condition to determine water
infiltration, damage, caulk degradation, metal panel
degradation, stone degradation and anchoring, and
other related curtain wall issues.
Agenda Item #7.4:
13 Curtain Wall
• Review curtain wall condition and a sampling of fixed panels on facades to assess hardware and visually
review exterior conditions and the condition of
waterproofing seals, where accessible without the use
of lifts, ladders, scaffolding, suspension devices, or
the like; may include observations from internal and
external vantage points, as well as adjacent structures.
Observations are limited to grade and may include
accessible balconies or rooftop vantage points.
• Review provided drawings and records of repair,
replacement, and maintenance of framing and glazing.
Roofing (Non-Invasive Visual)
• Identify material roof systems (roof type, reported age, slope, drainage) and any unusual roofing conditions or
rooftop equipment.
• Observe general conditions of the roof system
(membranes, attachment methods, flashings,
counter flashings, pitch pans, gravel stops, parapets,
miscellaneous appurtenances, insulation).
• Observe for evidence of material repairs, significant ponding, or evidence of material roof leaks. Note if a
roof warranty is in effect. Note any physical deficiencies identified or unusual items observed or reported.
• Identify material rooftop equipment or accessories
(antennas, lightning protection, HVAC equipment, solar
equipment). Include any material problems reported.
• BV understands that the City will provide OSHA
compliant ladders, lifts and/or scaffolding (depending
on roof type) so that the Project Manager may safely
access roof areas. If requested, BV can provide a quote for lift and/or ladder access as needed. Observations
will be limited to readily accessible areas.
Plumbing
• Identify material plumbing systems at the property
including domestic water supply, sanitary sewer, or any special or unusual plumbing systems (such as water
features, fuel systems, gas systems, etc.).
• Identify type and condition of restroom fixtures, drinking fountains and/or other plumbing equipment.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Include any reported material system
inadequacies.
Heating
• Identify material heat generating systems at the
property.
• Observe general conditions, identify reported age
of the equipment, note past material component
replacements/upgrades, note apparent level of
maintenance, and identify if a maintenance contract is
in place. If heating equipment is not operational at the time of the walk-through survey, provide an opinion of
the condition to the extent reasonably possible.
• Identify and observe any special or unusual heating
systems or equipment present (fireplaces, solar heat,
etc.) and note any reported material problems or
inadequacies.
Air-Conditioning + Ventilation
• Identify the material air-conditioning and ventilation systems at the property. Include material equipment
such as cooling towers, chillers (type of refrigerant
used), package units, split systems, air handlers, thermal storage equipment, etc.
• Identify material distribution systems (supply and
return, make-up air, exhaust) at the property.
• Observe general conditions, identify equipment
reported age, note past material component upgrades/
replacements and apparent level of maintenance, and
identify if a maintenance contract is in place (contractor name). If AC and ventilation systems are not operational at the time of the walk-through survey, provide an
opinion of the condition to the extent reasonably
possible.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Additionally, include any material reported
system inadequacies or operating deficiencies.
• Identify and observe any special or unusual airconditioning and ventilation systems or equipment (cold storage systems, special computer cooling equipment,
etc.) and note any material reported problems or system inadequacies.
Electrical
• Identify the electrical service provided and distribution system at the property.
• Include material switchgear disconnects, circuit
breakers, transformers, meters, emergency generators,
general lighting systems, and other such equipment or
systems.
• Observe general electrical items (distribution panels, type of wiring, energy management systems, emergency
power, lightning protection).
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed. Also, note the presence of any special or
unusual electrical equipment, systems, or devices at the property, and include reported material problems or
system inadequacies.
Agenda Item #7.4:
14 Life Safety + Fire Protection
• Identify material life safety/fire protection systems at the property, including sprinklers and stand pipes (wet or dry), fire hydrants, fire alarm systems, water storage, smoke detectors, fire extinguishers, emergency lighting, stairwell pressurization, smoke evacuation, etc.
• Observe general conditions and note any material
physical deficiencies identified or unusual items or
conditions observed or reported including any reported
system inadequacies.
Elevators + Vertical Transportation
• Identify vertical transportation systems at the property.
Include the equipment manufacturer, equipment type,
location, number, capacity, etc.
• Observe elevator cabs, finishes, call and communication equipment, etc.
• Identify the company that provides elevator/ escalator maintenance at the property. Observe general
conditions and note any physical deficiencies identified or unusual items or conditions observed or reported
including any reported material system inadequacies.
• Out of Scope Issues: Performing any calculations,
examination of operating system components such
as cables, controller, motors, etc.; entering elevator/ escalator pits or shafts.
Interior Elements
• Identify offices, special use areas, and building
standard finishes, including flooring, ceilings, walls, etc.
Furnishings and fixed components will be reviewed and
included in the cost estimate tables for replacements.
BV will identify material building amenities or special features.
• Observe general conditions and note any physical
deficiencies identified or unusual items or conditions
observed or reported.
Food Service Spaces and Equipment
• Assess all food service equipment and spaces (kitchen, cafeteria, dining, serving areas). Food service equipment (fixed equipment) will be evaluated for adherence to
life/ safety code and ventilation requirements as well
for condition and capital replacement.
Special Systems and Equipment
• Include all special systems and equipment, such as
Emergency Medical Systems (EMC), chillers, radio
towers, equipment lifts, chair lifts, chemical storage or treatment areas, storage tanks, dumbwaiters, vaults,
public address systems, and telephone systems.
Limited Accessibility Compliance
• Provide a general statement of the building’s likely
compliance to the Americans with Disabilities Act to
help identify whether the City may be exposed to issues and there is the need for further review.
Suspected Fungal Growth
• Perform a limited assessment of accessible areas for
suspected fungal growth. If the presence of mold,
conditions conducive to mold growth, and/or evidence
of moisture. elevated relative humidity, water intrusion, and mildew-like odors is discovered, affected areas
will be photographed and recommendations for any
additional moisture intrusion studies will be made.
Environmental Features
• Review environmental features of the property, to
include appearance, cleanliness, acoustics, ventilation, and humidity.
Lead-based Paint
• Review existing testing data and other documentation
regarding lead-based paint available on site (included
in the cost of the FCA); evaluate physical condition
and develop cost estimates for remediation of paint
necessitated by pending renovations.
• Able to provide a licensed lead-based paint inspector to conduct testing using an x-ray fluorescence analyzer at the Project as an additional service. The instrument is completely non-destructive and yields instantaneous
results.
Asbestos
• Review existing testing data and other documentation
regarding asbestos available onsite (included in the cost of the FCA); evaluate physical condition and develop
cost estimates for remediation of asbestos likely to be disturbed by renovations.
• If asbestos testing is requested, BV will provide a
licensed asbestos inspector to collect samples of
suspect asbestos-containing materials at the Project
as an additional service. Scope of this sampling will be determined after review of existing data, costs will be based on daily rate plus the cost of analysis.
Energy Conservation Analysis
• Consider energy conservation savings when making
repair or replace recommendations and include these
projects in the project prioritization.
• Able to provide an Energy Audit (ASHRAE Level I, II, or III) or Benchmarking (EnergyStar) services as an additional
service.
Agenda Item #7.4:
15 Ranking and Classification
Based upon our observations, research and judgment, along with consulting commonly accepted empirical Expected
Useful Life (EUL) tables; BV will render our opinion as to when a system or component will most probably necessitate replacement.
Accurate historical replacement records provided by the facility manager are typically the best source for this data.
Exposure to the weather elements, initial system quality and installation, extent of use, the quality and amount of preventive maintenance exercised are all factors that impact the effective age of a system or component. As a result, a system or component may have an effective age that is
greater or less than its actual age. The Remaining Useful Life (RUL) of a component or system equals the EUL less its effective age.
BV can rate the condition of each facility with the below rating system, or another City-specified scale:
5 Excellent - No visible defects, new or near new
condition, may still be under warranty if applicable
4 Good - Good condition, but no longer new, may
be slightly defective or deteriorated, but is overall
functional
3 Adequate - Moderately deteriorated or defective, but
has not exceeded useful life
2 Marginal - Defective or deteriorated in need of
replacement; exceeded useful life
1 Poor - Critically damaged or in need of immediate
repair; well past useful life
BV can also include alternative categories to rank and
weight priorities as required by the City, such as functional deficiencies, aesthetics, time-based urgencies, and other mission critical factors. The analysis will include all cost observations ranked by Priority Classes.
The five classes to the right are typical but can be altered to meet your specifications and needs.
DEFICIENCY CATEGORIES/PLAN TYPES
Each deficiency identified in the Assessment shall be
classified in the following manner (or other City-defined categories):
Category 1- Scheduled Maintenance: Maintenance that
is planned and performed on a routine basis to maintain and preserve the condition.
Category 2 - Deferred Maintenance: Maintenance that
was not performed when it was scheduled or is past its
useful life resulting in immediate repair or replacement.
Category 3 - Capital Renewal: Planned replacement
of building systems that have reached the end of their
useful life.
Category 4 - Energy and Sustainability: When the
repair or replacement of equipment or systems are
recommended to improve energy and sustainability
performance.
Category 5 - Security: When a system requires
replacement due to a security risk or requirement.
Potentially Critical
Requiring action in the next
year including components
experiencing intermittent
operations, potential life
safety issues, and rapid
deterioration, returning
a building component to
normal operation.
Currently Critical
Requiring immediate
action including a cited
safety hazard and
areas of accelerated
deterioration, returning
a building component to
normal operation.
IMMEDIATE
1 Necessary - Not Yet
Critical
Requiring appropriate
attention to preclude
predictable deterioration,
potential downtime, additional
damage, and higher costs
to remediation if deferred
further.
Recommended
Representing a sensibile
improvement to the existing
conditions (not required for
the most basic function of
the facility; however, will
improve overall usability
and/or reduce long-term
maintenance costs.
Does Not Meet
Current Code
No Action required at
this time but should
substantial work be
undertaken correction
would be required.
PRIORITY CLASSES
YEARS 1-2
2 YEARS 3-5
3 YEARS 6-10
YEARS 15-20
4 “GRANDFATHERED”
5 Agenda Item #7.4:
16 UNIFORMAT CATEGORIES
The deficiencies observed will be classified into categories using the Uniformat System (up to Level 4):
Level 2
A10 Foundations
A20 Basement Construction
B10 Superstructure
B20 Exterior Enclosure
B30 Roofing
C10 Interior Construction
C20 Stair
C30 Interior Finishes
D10 Conveying
D20 Plumbing
D30 HVAC
D40 Fire Protection
D50 Electrical
E10 Equipment
E20 Furnishings
F10 Special Construction
F20 Selective Building Demolition
Cost Estimating
BV uses a cost library model for cost estimating. Our
database follows Uniformat Level 4 framework and is based in part on data from national commercial cost estimating guides. BV maintains and updates our Uniformat-based
cost estimating system with information received from
the field. Through construction monitoring work, we have current cost data from hundreds of in-progress construction and rehabilitation projects. This data allows us to calculate costs based on local conditions to maintain a cost database that is typically more current than national cost estimating platorms.
Each report will include a Capital Needs Analysis including an estimated cost for each system or component repair or replacement anticipated during the evaluation term. The report will provide options for repair of the deficiency, and the capital needs analysis will be presented as an Excelbased cost table that includes a summary of the description of each component, the age and estimated remaining useful life, the anticipated year of repair or replacement, quantity, unit cost and total cost for the repair of each line item.
A consolidated Capital Needs Analysis will be presented that includes all anticipated capital needs for all buildings. The cost estimate for capital deficiencies will be based on the estimate for maintenance and repair, but may at City's option, also include project management costs, construction fees, and design fees. Project management costs, construction fees, and design fees will be derived using actual costs from previous projects. After determining these costs, we will confirm these costs with your staff.
Report Deliverables
BV will provide an in-depth report including a description of each of the building components and systems as described in the approach sections above. Each report is organized by building system and include digital photos of major
systems and components and of all deficiencies identified.
Reports will include current and anticipated repairs and deficiencies, recommended repair and component lifecycle replacements, and applicable options for repair or maintenance of building components.
The Capital Needs analysis will include a cost database sorted by building system and ranked by priority for repair.
The format of the database will allow for reporting by
building, system, or priority for repair, and a year-by-year analysis of capital needs.
Facility Condition Index
A Facility Condition Index will be calculated for each building.
This index will be a function of required repairs compared to building replacement costs. The Facility Condition Index will be generated from the data collection/capital planning database and will be updated as components age or are
replaced.
Capital Plan
Reports will reflect a 5, 10, or 20-year capital plan based on BV’s 20-year building system evaluation. The analysis will include a cost table sorted by building and system and ranked by priority for repair. Tables will allow for the customization of reporting and a year-by-year capital needs analysis. The report will include:
• An Executive Summary with graphic presentation of
results to provide a quick, user-friendly summary of
the property’s observed condition and estimated costs
assigned by category. These estimated costs shall be
cross-referenced to report sections where an elaboration of cost issues will be presented.
• Components observed that are exhibiting deferred
maintenance issues and estimates for immediate and
capital repair costs based on observed conditions,
available maintenance history and industry-standard
useful life estimates. If applicable, this analysis will include the review of any available documents
pertaining to capital improvements completed within
the last five-year periods, or currently under contract. BV shall also inquire about available maintenance records
and procedures and interview current available on-site
maintenance staff.
• Recommended schedule for replacement or repairs
(schedule of priorities).
Agenda Item #7.4:
17 • Digital photographs for the buildings including photos of deficiencies.
• General description of the property and improvements
and comment generally on observed conditions.
• Critical repairs and life safety issues separately from repairs anticipated over the term of the analysis.
• Facility Condition Index (FCI) number for the building.
BV will submit draft reports electronically via PDF format and once approved and finalized, a program summary report
is provided to include a roll-up of all prioritized capital needs across all facilities. All electronic copies of the report will include all text, deficiency tables, digital photos, and supporting documentation and report appendices.
Program-wide Report
In addition to each building report, BV will develop a
program-wide report that includes a ranked system-wide
Capital Plan for all facilities with programmatic conclusions and recommendations. The report includes a brief narrative description of each facility/building component and system, and discusses the current and anticipated repairs and
deficiencies of all buildings assessed. The report analyses will include tables sorted by building system and ranked by priority for repair. The format of the tables will allow for the several perspectives of reporting by FCI, building, system, or priority for repair, and a year-by-year analysis of capital Agenda Item #7.4:
18 needs. AssetCALC™ - Assessment Software and
Database Deliverable
BV proposes utilizing AssetCALC™ as its platform for all data collected on this project. AssetCALC™ is a cloud platform developed, licensed, maintained, and supported solely by BV for our Citys. The use of this software is at your option and there are no licensing fees for this software for five (5) years.
AssetCALC™ is a web-based SQL database platform that
enables users to:
• query, edit, and analyze their facility condition data • plan immediate and short-term repairs
• budget capital expenditures throughout the lifecycle of a building or an entire portfolio
The system unites BV’s experienced field data collection methods with advanced planning and reporting tools,
construction cost libraries, location mapping (GIS) features, digital photo management, and document storage.
DATA DEVELOPMENT
AssetCALC™ includes a configurable facility hierarchy and asset data architecture - this will include all of your assets grouped based on site location, asset group, and function.
Data can be exported to an Excel, XML, or an ODBC database format compatible for upload into your CMMS, EAM, or
work-order systems.
FEATURES INCLUDE:
• Facility Condition Assessment access:
– Component/system descriptions
– Locations
– Conditions and EUL/RUL
– Repair and replace recommendations
– Digital photos
– Search and Sorting Functionality
• Prioritization of maintenance projects
• UniFormat II Cost Database
• Project Budgets and Capital Plans
• Unlimited concurrent user licensing
• Secure IT platform and back-ups
• City is the owner of data collected and residing in the database
• Online User Training and Documentation
Agenda Item #7.4:
19 REPORTING
AssetCALC™ includes more than a dozen standard options
for data summaries and reports:
• Facility Condition Index (FCI) Reports
• Rank and Prioritize Capital Improvement Projects
• Deferred Maintenance Backlog
• Facility Queries (by building, priority, system, or dollar deficiency amount)
• Capital Budget Planning
• Year-by-Year Capital Needs Analysis
• 5, 10, or 20-Year Replacement Reserve Reports
• Custom 3rd party form automation available
Screen Shots - Additional screen shots of the AssetCALC™ Database and a live demo are available upon request.
CMMS-Ready Data
BV will collect and store all information in our SQL database.
Our database allows us to routinely update and run reports for the City after the initial assessment is complete. This system also allows us to export the City's FCA data into existing or future CMMS work order platforms. BV has
experience with more than 50 CMMS platforms including:
CityWorks, Lucity, Brightly, Archibus, Maximo, TMA, Corrigo, Cartegraph and many more.
Agenda Item #7.4:
336531.3
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.4:
24 7. COST PROPOSAL
The following fees include all costs associated with travel, lodging, car rental, food, tools, equipment, and all other miscellaneous expenses applicable to the work related to this project.
SERVICES FEE (Fixed Price)
Facility Condition Assessment $64,614.03
HOURLY RATES
Team Role Hourly Rate ($)
Project Executive $190.00
Program Manager $140.00
Project Manager I (PE/RA) $120.00
Project Manager II (PE/RA) $130.00
Quality Control Manager $135.00
Technical Report Reviewer $115.00
Administrative $80.00
BV will submit a monthly invoice inclusive of all services performed during that period. The per site fee will be established per the schedule of values provided at the program kick-off, and invoiced at the billing milestones stated below. Invoices will be payable within 30 days of receipt:
Completion of onsite assessments: 50% of per site fee
Delivery of Draft Reports: 45% of per site fee
Delivery of Final Reports: 5% of per site fee
Upon receipt of each monthly invoice, the amount due per billing milestone is fully collectible. Please forward payments to: Accounting Department, Bureau Veritas Technical Assessments LLC, PO Box 74007289, Chicago, IL 60674-7289 or contact [email protected] to pay via credit card or to receive wiring instructions. Please ensure that BV Proposal or invoice number is clearly identified on all payments and correspondence for proper credit.
Please submit all draft comments to BV within 60 days of draft delivery. Unless otherwise communicated, BV will consider all drafts approved for finalization after 60 days, and the remaining balance due will be invoiced.
Agenda Item #7.4:
336531.3
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.4:
336531.3
CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.
Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.
1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.
2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.
3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 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 be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the 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 determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.
Names of currentCity councilmembers and commissioners
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, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(b) Date and amount of contribution:
Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:
1. ____________________________________
2. ____________________________________
3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.
Printed Name
Signature
Date Phone
To be completed by City:
Document No: ______________________________
Agenda Item #7.4:
336531.3
Agenda Item #7.4:
City of Sonoma
RESOLUTION # _______ - 2026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING THE FISCAL YEAR 2025-26 ADOPTED BUDGET
WHEREAS, on June 18, 2025, the City Council of the City of Sonoma adopted Resolution 37-2025, adopting the budget for Fiscal Year 2025-26; and WHEREAS, the changes in anticipated revenues and/or expenditures of the City of Sonoma necessitates amendments to the appropriations for Fiscal Year 2025-26; 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 2025-26 budget amendment.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby adopts the budget amendment for Fiscal Year 2025-26 as contained in Exhibit A to this resolution.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 20th day of May 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Ron Wellander, Mayor
ATTEST:
__________________________________
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
Agenda Item #7.4:
Batch ID#:
Entered By:
Date:
Request Date: 5/20/2026 Fiscal Year: 2025-26
Requesting Department: Public Works
Adjustment Description: Additional Expenditures for Fund 610 for Facilities Condition Assessment Requestor: Ashley Cotter, PW Admin/Project Manager
Department Head Approval: Mike Berger, Director of Public Works Date: 5/12/2026 Finance Review: Date:
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. -
Increase / (Decrease)
$25,074.33
25,074.33
TOTAL DEBIT
Public Works is requesting additional expenditures for Fund 610 - Contract Services - for a Facilities Condition Assessment.
During FY25-26 Staff allocated $46,000 to this effort, the total contract is for $64,613.03, with additional funding for contingency ($6,461.30), for total additional expenditures reqired of $25,074.33. -
TOTAL CREDIT
Total Expenditure Adjustments: 25,074.33
25,074.33
Total Revenue Adjustments:
Account Description of Adjustment
610-64520-347-50347 Additional expenditures for Facilities Condition Assessment Budget Adjustment Form
Account Description of Adjustment Increase / (Decrease) Finance Department Use Only
Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 May 2026
Department
Administration
Staff Contact
Jenny Yankovich, Assistant to the City Manager
Agenda Item Title
Public Hearing Regarding the Status of City of Sonoma Vacancies and Recruitment and Retention Efforts for January-December 2025 in Compliance with Assembly Bill (AB) 2561 Summary
On May 7, 2025, City Council adopted Resolution 25-2025 to establish Procedures for the City of Sonoma Vacancies and Recruitment and Retention Efforts to ensure compliance with Assembly Bill (AB) 2561, that went into effect on January 1, 2025. AB 2561 requires public agencies to hold at least one public hearing each fiscal year to discuss vacancies and recruitment and retention efforts prior to budget adoption. The information provided in this report is in accordance with the City's adopted procedures and is for the time period from January 1, 2025, through December 31, 2025.
Vacancies
On January 1, 2025, the City's total staffing budget was 45.5 full-time equivalent (FTE) positions and the total vacancy rate was 8.8% (4 FTEs). On December 31, 2025, the City's total staffing budget for was 46.5 FTEs and the total vacancy rate was 19.4% (9 FTEs). The City's total staffing budget includes 30 FTE positions that are part of the Service Employees International Union (SEIU) organization. The SEIU vacancy rate was 26.6% (8 FTEs).
Recruitment
During the reporting period, there were eight (8) internal/external recruitments to fill the following positions:
Administrative Assistant (1 FTE) *SEIU
Permit Technician (1 FTE) *SEIU
Building Inspector (1FTE) *SEIU
Water Maintenance Worker (1 FTE) *SEIU
Water Supervisor (1 FTE) *SEIU
Parks Supervisor (1FTE) * SEIU
Parks & Recreation Director (1 FTE)
Public Works Operations Manager (1 FTE)
Retention
During the reporting period, thirteen (13) vacancies were created including: one (1) newly budgeted position, one (1) retirement, two (2) involuntary separations, six (6) voluntary separations, and three (3) internal promotions. The newly budgeted position was Parks and Recreation Director to lead the City's newly created Parks and Recreation Department. The staffing turnover rate for the reporting period was 13%.
This report provides information regarding the status of vacancies and recruitment and retention efforts. Additionally, notice of this presentation was provided to City of Sonoma SEIU Agenda Item #8.1:
representatives as outlined in the Procedures for the Public Hearing on City of Sonoma Vacancies and Recruitment and Retention Efforts and in compliance with AB 2561.
Recommended Council Action
Receive the report.
Alternative Actions
Council discretion.
Financial Impact
There is no financial impact resulting from this action.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
AB2561 Presentation.05.20.26
Resolution 25-2025
Agenda Item #8.1:
5/15/2026
1 City of Sonoma
AB 2561 Public Hearing
Vacancies and Recruitment and Retention
January 2025 - December 2025
MAY 20, 2026
Vacancies by Employee Group
January 1, 2025
(Moment in Time)
# Total Budgeted FTEs = 45.5
# Total Vacancies = 4 (8.8%)
# SEIU Budgeted FTEs = 30
# SEIU Vacancies = 4 (13.3%)
# Administrative/Management FTEs = 15.5
# Administrative/Management Vacancies = 0
2 1
2 Agenda Item #8.1:
5/15/2026
2 Vacancy & Recruitment
Activity Summary 2025
3 # of Budgeted FTEs % of Vacancies # of Remaining Vacancies # of Vacancies Filled # of Vacancies Created Month/Year
Jan-25 1 0 5 45.5 11.0%
Feb-25 0 1 4 45.5 8.8% Mar-25 2 1 5 46.5 10.8%
Apr-25 1 0 6 46.5 12.9% May-25 0 0 6 46.5 12.9%
Jun-25 0 0 6 46.5 12.9%
Jul-25 2 1 7 46.5 15.1%
Aug-25 0 2 5 46.5 10.8%
Sep-25 2 1 6 46.5 12.9%
Oct-25 0 0 6 46.5 12.9%
Nov-25 3 2 7 46.5 15.1%
Dec-25 2 0 9 46.5 19.4%
Average % 12.9% Highest % 19.4% Lowest % 8.8%
Key City Reorganization Factors
Impacting 2025 Vacancy Report
Parks and Recreation Department (created in 2025)
- Parks and Recreation Director – New Position
- Parks Supervisor – Internal Promotion* Community Development Department (reorganization in 2024) - Plans Examiner* Retired in 2024 (reorganization)
- Permit Technician* Reclassified from Admin Assistant (2FTEs) - Sustainability Coordinator*Part Time Vacancy since 2023 (Filled 1/26) *SEIU Positions 4
3 4
Agenda Item #8.1:
5/15/2026
3 Recruitment Summary
Key Vacancies Filled in 2025
Building Inspector (1 FTE)* Permit Tech (1 FTE) * Water Supervisor (1FTE) *Internal Promotion Parks Supervisor (1FTE) *Internal Promotion
Water Maintenance Worker (1 FTE) * Administrative Assistant (1 FTE) * Parks & Recreation Director (1 FTE) New Position PW Operations Manager (1 FTE) Internal Promotion
*SEIU Positions – 6 FTEs
Total Positions – 8 FTEs 5 Retention Summary
January 1, 2025- December 31, 2025
Vacancies Created = 13 FTE
# Budgeted FTEs = 46.5 FTEs
Annual Staffing Turnover Rate = 13%
Reason for Vacancies
Internal Promotion = 3 FTEs (23% )
Newly Budgeted Position = 1 FTE (8%)
Attrition = 3 FTE (23%)
Voluntary Separation = 6 FTEs (46% of vacancies created from turnover) 6 5 6
Agenda Item #8.1:
5/15/2026
4 Vacancies by Employee Group
December 31, 2025
# Total Budgeted FTEs = 46.5
# Total Vacancies = 9 (19.4 %)
# SEIU Budgeted FTEs = 30
# SEIU Vacancies = 8 FTEs (26.7%)* adj for 3 INTERNAL PROMOTIONS *5 FTEs (16.7%)
# Administrative/Management FTEs = 16.5
# Administrative/Management Vacancies = 1 FTE (6%) 7 Questions? 8 7
8 Agenda Item #8.1:
(titty of émnuma
RESOLUTION# £2 -2025
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA ADOPTING
PROCEDURES FOR PUBLIC HEARINGS ON CITY OF SONOMA VACANCIES AND
RECRUITMENT AND RETENTION EFFORTS
WHEREAS, On January 1, 2025, Assembly Bill (“AB”)2561 (Gov. Code § 3502.3) went into effect requiring public agencies to hold at least one public hearing per fiscal year to report on the City of Sonoma’s workforce vacancies, and recruitment and retention efforts; and WHEREAS, AB 2561 requires the City of Sonoma to present information regarding the status of vacancies and recruitment and retention efforts prior to the adoption of the final budget for the City of Sonoma; and
WHEREAS, AB 2561 requires the City of Sonomato allow recognized employee organizations for each City of Sonoma bargaining unit to make presentations during the public hearing concerning vacancies and recruitment and retention efforts; and WHEREAS, AB2561 requires the City of Sonoma ifrequested, to provide additional information during the public hearing if vacancies within a single bargaining unit is 20% or more of the authorized full-time positions; and
WHEREAS, The City of Sonoma desires to establish protocol and additional requirements for the City of Sonoma’s public hearings pursuant to AB 2561, including the provision of notice to recognized employee organizations regarding the public hearing, the recognized employee organizations’ right to make a presentation at the hearing, the length and order of the presentations and the standards of discourse during the public hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma the Procedures for Public Hearings on City of Sonoma Vacancies and Recruitment and Retentions Efforts as set forth in "Exhibit A” is hereby adopted.
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 7th day of May 2025, by the following vote:
AYES: DING, GURNEY, LOWE, WELLANDER, FARRAR-RIVAS
NOES:
ABSENT:
ABSTAIN:
ATTEST: Rebe ah Barr, MMC, City Clerk
Agenda Item #8.1:
Exhibit A
ditty of gaunuma
PROCEDURES FOR AB 2561 PUBLIC HEARINGS
(VACANCIES, RECRUITMENT AND RETENTION EFFORTS)
Introduction and Scope:
Effective January 1, 2025, Government Code section 3502.3 requires the City of Sonoma to present information on the status of vacancies at the City and the City’s recruitment and retention efforts at a public hearing before Sonoma City Council at least once per fiscal year.
Government Code section 3502.3 also requires the City of Sonoma to identify during the public hearing any necessary changes to City policies, procedures, and recruitment activities that may contribute to obstacles in our hiring process.
At the public hearing, a recognized employee organization for a bargaining unit is entitled to make a presentation to the Sonoma City Council addressing the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
The purpose of these procedures is to establish protocol for the City of Sonoma’s public hearings on vacancies in order to ensure a fair, orderly, and efficient hearing process.
Notice Requirements:
1. When the City schedules a Sonoma City Council hearing pursuant to the obligations set forth under Government Code section 3502.3 (“AB2561 Hearing" or “Hearing”), the City of Sonoma will notify in writing the recognized employee organization (“Employee Organization”) about which the Hearing is being held that the Sonoma City Council will hold an AB 2561 Hearing (the City and Employee Organization may hereafter be referred to collectively as “Parties”). The notice will provide the Employee Organization the opportunity to identify any negotiable impacts/effects regarding the City’s compliance with Government Code section 3502.3 and the City’s policy.
2. The City of Sonoma will notify in writing the Employee Organization of the date, time and place of the Hearing at least 10 calendar days in advance of the Hearing, Organization intends to make a presentation to the Sonoma City Council at the Hearing. The City will request that, for planning purposes, the Employee Organization provide written notice to the Human Resources Department at least 5 calendar days in advance of the Hearing indicating whether the Employee Organization intends to make a presentation at the Hearing. 3943271 Agenda Item #8.1:
Exhibit A
The notice willalso include information about the amount of time that the Sonoma City Council has allotted to the Employee Organization for the Employee Organization presentation at the Hearing.
In the event the vacancy rate for a City bargaining unit is at least 20% of the total number of authorized full-time positions in the bargaining unit, the Employee Organization that represents the bargaining unit may request that the City present “additional information” related to the vacancies as permitted by Government Code section 3502.3, subd. (0). The City will request that the Employee Organization submit its request for the City’s presentation of such information to the Human Resources Department in writing at least 5 calendar days in advance of the Hearing. The “additional information” constitutes the following: (1) the total number ofjob vacancies within the bargaining unit; (2) the total number of applicants for vacant positions within the bargaining unit; (3) the average number of days to complete the hiring process from when a position is posted; and (4) opportunities to improve compensation and other working conditions.
The City will provide notice of the Hearing to the public in accordance with the Ralph M. Brown Act. (Gov. Code §§ 54950-54963.)
A staff report regarding vacancies and recruitment and retention efforts may be published as part of the agenda packet for the Hearing.
The City of Sonoma and Employee Organization may agree to exchange presentation materials in advance of the Hearing.
Order of the Hearing:
The Hearing will proceed in the following order:
1. 3943271
City of Sonoma Presentation: The City of Sonoma willpresent to the Sonoma City Council information pursuant to the City’s obligations set forth under Government Code section 3502.3. The City’s presentation will be limited to 10 minutes for the bargaining unit about which the AB 2561 Hearing is held. The City of Sonoma will present data for the bargaining unit followed by the corresponding Employee Organization presentation.
Employee Organization Presentation: Following the City’s presentation, the Employee Organization will have the opportunity to make a presentation for the bargaining unit that the Employee Organization represents. Forthe bargaining unit, not contain bargaining proposals to the City of Sonoma on matters that have not been presented in bargaining. Governing Body Questions: The Sonoma City Council may ask questions of the City of Sonoma and the Employee Organization presenter. The time spent for Sonoma City Council questions and the Parties’ responses to Sonoma City Council questions willnot be included in the Parties’ 10 minute presentations.
Agenda Item #8.1:
Exhibit A
Final City of Sonoma Comments: Final City of Sonoma comments will be limited to 3 minutes and willtake place following the Employee Organization presentation.
The City will present final comments for the bargaining unit followed by the corresponding Employee Organization final comments.
Final Employee Organization Comments: Following the City’s final comments, the Employee Organization will have the opportunity to make final comments for the bargaining unit that the Employee Organization represents. Forthe bargaining unit, the Employee Organization’s final comments will be limited to 3 minutes and should not contain bargaining proposals to the City of Sonoma on matters that have not been presented in bargaining.
Public Comment: Public comment regarding the AB 2561 Hearing will be limited to 3 minutes per person and any other lawful restrictions on public comments that the Sonoma City Council may impose.
Standards of Discourse:
The Sonoma City Council should recognize that engaging with diverse perspectives is vital for effective governance and a vibrant community. To ensure full expression of such diverse perspectives, the Sonoma City Council should provide that participants follow the principles of respectful and civil discourse.
3943271
Agenda Item #8.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 20 May 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Public Hearing to Consider, Discuss, and Approve a Use Permit and Design Review (UPA 24- 2) for Construction of a Proposed New Single-Family Home, Detached Garage, and Pool House at 149 Fourth Street East (APN: 018-051-014), Including Action to Approve a Categorical Exemption Pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for New Construction of Up to Three Residential Units and Accessory Structures
Summary
Background:
In 2018, the City Council denied an application on appeal for a proposed single-family home at 149 Fourth Street East, along with two other applications for Lots 227 and 228 Brazil Street. A lawsuit arose from that denial and through discussions a Settlement Agreement (Attached) was entered into between the City and the Applicant, as well as the other petitioners in the lawsuit. The Agreement requires the Applicant to submit new applications for all three properties and the City Council to consider approval at a public hearing rather than the Planning Commission.
In early 2024, a new application was submitted for a new single-family home, detached garage, and pool house at 149 Fourth Street East. The plans were reviewed by the Public Works Department, Fire Department, Community Development Department, and Permit Sonoma (Sewer) who have provided Conditions of Approval for the project.
Project Description
The project applicant proposes to construct a new single family home on a 2.92 acre (127,229 sqft) lot in the Residential Hillside Zoning and Historic Overlay districts. The site will be accessed from Fourth Street East at Brazil Street from an existing road that will be widened.
A fire truck turn around is proposed at the end of the access road for this new residence where the 885 sqft detached garage will be located. At the end of a proposed walkway will be the 5,580 sqft, single-story, single-family dwelling with a 765 sqft covered patio that steps down the slope to a pool and 600 sqft pool house with a 440 sqft covered patio.
Architectural materials, finishes, and colors reflect natural materials and colors selected to blend with the environment. These include:
Walls: natural stained wood siding, off white painted stucco, and light grey stone veneer
Fascia and Trim: wood painted black
Doors and Windows: aluminum clad in dark bronze
Roof: standing seam metal in dark grey and single ply IB in dark grey (flat roofs) Agenda Item #8.2:
General Plan Consistency
The property is designated Residential Hillside (R-HS) by the General Plan. The R-HS land use designation is intended to preserve Sonoma’s hillside backdrop, while allowing limited residential development in conjunction with agricultural uses. As the proposed project would provide a singlefamily home with accessory structures, it complies with the R-HS land use designation. The land use designation allows a residential density of up to 1 unit per 10 acres. The project site is 2.92 acres and is allowed to have one dwelling unit, which is consistent with the proposed project.
The proposed project is consistent with the goals and policies of the City of Sonoma 2020 General Plan, which encourages infill development. In addition, the Community Development Element (CDE) of the General Plan recognizes that citizen approval of the Urban Growth Boundary (UBG) in 2000 reflects a commitment to focus growth within city limits to prevent urban sprawl into agriculturally and environmentally sensitive areas surrounding the City. The CDE notes that the UGB is also intended to concentrate future residential, commercial, and industrial growth in areas already served by urban services. Applicable General Policies include the following:
Community Development Element
Limit growth in Sonoma to a rate that is based on the cost-effective provision of services within the sphere of influence (CDE 1.6).
Preserve and enhance the scale of the community without imposing rigid stylistic restrictions (CDE 5.1).
Housing Element:
Encourage diversity in the type, density, size, affordability, and tenure of residential development in Sonoma, while maintaining quality of life goals for the community (Policy H- 1.1).
Maintain and enhance the existing housing stock, preserve the affordable housing stock, and ensure that new residential development is consistent with Sonoma’s town character and neighborhood quality (HE Goal 3).
Maintain sustainable neighborhoods with quality housing, infrastructure, and open space that fosters neighborhood character and the health of residents (H-3.1). Promote environmental sustainability through support of existing and new development that minimizes reliance on natural resources (Goal H-6). Promote the use of sustainable construction techniques and environmentally sensitive design for all housing to include best practices in water conservation, low-impact drainage, and greenhouse gas reduction (HE 6.3).
Environmental Resources Element:
Require new development to provide adequate private and, where appropriate, public open space (ERE 1.4).
Preserve existing trees and plant new trees (ERE 2.6). Encourage construction, building maintenance, landscaping, and transportation practices that promote energy and water conservation and reduce green-house gas emissions (ERE 3.2).
Agenda Item #8.2:
Public Safety Element:
Require development to be designed and constructed in a manner that reduces the potential for damage and injury from natural and human causes to the extent possible (PSE 1.1).
Ensure that all development projects provide adequate fire protection (PSE 1.3).
Overall, the proposed project is consistent with applicable General Plan policies.
Development Code Consistency
Zoning/Use: The project site is zoned Residential - Hillside (R-HS) and is within the Northeast Planning Area. The proposed project is consistent with the R-HS zoning as it is intended for hillside areas of the City that are suitable for very-low density single-family residential and agricultural land uses. As indicated in Table 2-1 Residential Uses and Permit Requirements in SMC Section 19.10.050, single-family dwellings require a Use Permit within the R-HS zoning district. The proposed project is consistent with the zoning code with the approval of a Use Permit. Additional consistency information is provided below under “Project Entitlements.”
Development Standards: The proposed project is governed by development standards contained in SMC Section 19.18 (Northeast Planning Area).
Table 1. Northeast Planning Area Development Standards
Development Feature Standard Compliance
Lot Size: 10 acres Legal Non-Conforming.
2.92 acres +/-
Setbacks: 30 feet
Complies. Main house is 30
feet at closest (northern)
corner and 62 feet at furthest
(southern) corner.
Accessory Structures
Setback:
Minimum 5 feet for
accessory structures 9 feet
or less in wall height (SMC
19.50.080).
Complies. Garage is
located 30 feet at its closest
corners. Pool house is
located at 56 feet at its
closest corner.
FAR: .10 Complies. .048 FAR
Site Coverage: 15% Complies. 14.64%
Height:
Main Structure: 30 feet from
finished grade
Chimney: 38 feet
15 feet for accessory
structures within the
setbacks
Complies. Main house 28
feet 5 inches (11’-13’5”
ceiling height)
Chimney: 31 feet
Pool house: 19 feet (12’-14’
ceiling height)
Garage: 27 feet 11 inches
Parking: 1 covered space
Complies. 2 spaces are
located within the detached
garage.
Agenda Item #8.2:
Site Access and Circulation: Vehicle access to the project site would be provided via a new driveway off Fourth Street East at Brazil Street. The proposed driveway would be a minimum of 20 feet wide and would provide direct access to the shared driveways to 95 Brazil Street, Lot 227 Brazil Street and Lot 228 Brazil Street. When the shared driveway splits to provide access to the proposed project site, the proposed driveway will be narrowed to 12 feet. A fire access turnaround will be provided at the end of the driveway for 149 Fourth Street East.
Utilities: The City of Sonoma Water Department provides water services to the City. Sonoma Clean Power is the default electricity service provider to the City via Pacific Gas and Electric (PG&E) infrastructure. PG&E provides natural gas services to the City. Sewer is provided by Sonoma Water (Sonoma Valley County Sanitation District). All proposed utility lines for the proposed project would be installed underground.
Stormwater Management: A Preliminary Stormwater Control Plan (Prelim SCP) was provided for this project along with the proposed projects for Lot 227 Brazil and Lot 228 Brazil.
The Prelim SCP identifies fifteen bio retention areas, their drainage management area, the direction of the runoff being captured by each, and the bio retention capacity. The City Engineer must approve the final SCP prior to and as a condition precedent to the issuance of a building or grading permit. The SCP must include an Operation and Maintenance Plan for the Best Management Practices (BMPs) identified in the SCP that will be recorded on the property.
In addition, an Erosion and Sediment Control Plan (“Control Plan”) is required to be approved by the City Engineer before the issuance of a building or grading permit. The Best Management Practices specified in the approved Control Plan shall be implemented before and during any rainfall event. Grading shall only commence when erosion and sediment control measures have been installed, implemented, and maintained on the site to the satisfaction of the Public Works Director.
Landscaping: A Landscaping plan must be prepared that complies with SMC Chapter 14.32, Water Efficient Landscaping (WELO), and SMC Section 19.40.060, Landscape Standards. In addition, due to the location of the project site in a Very High Fire Severity Zone, the proposed landscaping must comply with the home hardening and separation requirements as required by the Fire Department.
Project Entitlements: The following entitlements are required for this project.
Use Permit (19.54.040): As indicated in Table 2-1 Residential Uses and Permit Requirements in SMC Section 19.10.050, single-family dwellings require a Use Permit within the R-HS zoning district along with the objectives identified in SMC Section 19.40.050. The proposed single-family dwelling and accessory structures is consistent with the development standards explained above and the hillside development and design standards described below. The location, size, design, and operating characteristics is compatible with the existing and future land use in the vicinity. The proposed use will not impair the architectural integrity and character of the zoning district as the area has diverse size, massing and design of dwellings.
Hillside Development (19.40.050):
Agenda Item #8.2:
Table 2. Hillside Development Standards
Development Feature Compliance
Structure Height
Complies. See Table 1 above for height
measurements; the heights do not exceed
the maximum allowed in the zoning district.
Grading and Drainage
Complies. The project proposes to cut
1,360 cubic yards that will be used as fill
onsite. The proposed buildings are graded
to blend with existing topography. All areas
will be protected from erosion.
Street Layout
Complies. The proposed roads and fire
access turnarounds and turnouts are graded
to blend with existing topography to limit
need for retaining walls.
Terrain Alteration Complies. Protruding and steeply cut slopes for roads and lot pads are avoided.
Lot Pad Grading
Complies. The lot pad grading, including
access roads and driveways for the 149
Fourth Street East exceeds the 5,000
square foot maximum but adheres to the
11,000 maximum identified in the Settlement
Agreement. The total proposed grading is
10,718 square feet.
Site and Structure Design
Complies. The proposed project uses
varying structure heights and setbacks for
the proposed structures that terrace with the
direction of the slope.
Design and Location of Structures
Complies. The structures blend with the
terrain using stepped footing, separation of
structures to minimize massing and the
earthtones are used for the building
materials and color palette.
Retaining Walls Complies. Retaining walls are no taller than five feet.
Slope Restoration
Complies. Drought-tolerant trees, shrubs,
and ground cover that are compatible with
existing surrounding vegetation will be
required for the replanting of slopes
Preservation of Ridgelines
Complies. The proposed project is located
below the ridgeline and the peak of
Schocken Hill.
The project site planning and design that comply with the objectives of the City’s hillside development criteria including protecting the natural topography to the greatest extent possible; and utilizing a variety of setbacks and building heights, and forms to blend into the terrain.
Design Review: The project's design and architecture comply with the applicable policies and regulations set forth in the Development Code. Development of the project would meet applicable development standards for the Residential Hillside zoning district, including limits on height, setbacks, site coverage, and floor area ratio. The proposed Project is consistent with the design guidelines contained in Chapter 19.18 (Northeast Planning Area) as the Agenda Item #8.2:
proposed structures are below the maximum height limit, meets the setback requirements and are compatible with adjacent development. The proposed project is within the Historic Overlay, however the site is not a historic resource and is not located in a historic district. (See Cultural Resources Report) While some of the proposed improvements would be visible from limited public views to the east, in general, the project is tucked behind existing vegetation and would not significantly impact public or private views.
Consistency with other City Ordinances
Tree Removal: Tree removal for new development is governed by SMC Section 12.08.035 (Applications for new development). As required by the City’s Tree Ordinance, an arborist report was prepared, which in 2017 identified and evaluated a total of 74 trees on the site and construction of the proposed project would require the removal of 38 trees. Tree replacement is required on a 1:1 basis with one 15-gallon tree for each six inches of trunk diameter being removed. As conditioned, the landscape plan submitted with building permits shall identify that each tree shall be at least 15 gallons in size, along with an updated tree removal and protection plan. Therefore, the proposed tree removal and replacement complies with SMC Section 12.08.035. The Arborist Report is contained within the Biological Resources Report.
Discussion of Project Issues
Project Modification: The applicant has provided in the Project Narrative (Attached) an overview of modifications that have been made to the 2017 project with the current submittal.
These include roof modifications to the main house, square footage and height reductions of the pool house, and reduction of patio and deck areas.
Lot Pad Size: As noted above under Hillside Design Standards, the project exceeds the current 5,000 square feet maximum lot pad grading. In 2021, when the Settlement Agreement was agreed upon, the Design Standards were not mandates, but rather guidance. In December 2022 the language for the design guidelines was changed from “should” to “shall” causing an difference between the current development code standard and the Settlement Agreement.
Very High Fire Severity Zone:The wildland interface requirements under Chapter 7A of the Building Code will apply to the site, including vegetation management and use of fire-resistant exterior materials. Substantial improvements will be necessary to provide City water service (both domestic and fire sprinkler) with adequate pressure to the proposed structures on the lot, possibly requiring booster pumps and backflow prevention devices. See Fire Department Conditions of Approval (Attached).
Environmental Review
The project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303 (Class 3 - New Construction or Conversion of Small Structures) as the project is consistent with the General Plan land use designation and policies and the zoning designation and applicable regulations (as discussed above). A memo prepared by the City’s CEQA consultant engaged for this project, AECOM, demonstrates that the proposed project meets the Class 3 exemption as it entails construction of a single-family dwelling and accessory structures. The site does not contain endangered, rare, or threatened species and would not result in any significant effects relating to traffic, noise, air quality or water quality (See attached CEQA Memo). Additionally, the project would be adequately served by all required utilities and public services. Therefore, the project meets all of the required criteria to utilize a Class 3 exemption.
Agenda Item #8.2:
Recommended Council Action
Adopt a Resolution approving Use Permit and Design Review (UA 24-2) for construction of a new single-family home, detached garage, and pool house at 149 Fourth Street East (APN:
018-051-014), including action to approve a Categorical Exemption pursuant to Section 15303 (Class 3 – New Construction or Conversion of Small Structures) of the State CEQA Guidelines for new construction of up to three residential units and accessory structures, as proposed subject to the findings and conditions of approval.
Alternative Actions
Council discretion.
Financial Impact
Not applicable
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution - Brazil Hillside - 149 Fourth St E
Conditions of Approval - 149 Fourth St E
Sonoma Hillside CEQA Memo
149 Fourth St E Narrative
149 Fourth St E Materials Board
149 Fourth St E Arch Plans
149 Fourth St E Civil Plans
149 Fourth St E Geotechnical
Settlement Agreement 2021
Agenda Item #8.2:
1 CITY OF SONOMA
CITY COUNCIL
RESOLUTION # _______ - 2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA
APPROVING THE USE PERMIT AND DESIGN REVIEW APPLICATION (UA-24-2)
OF CHAD MOLL FOR WILLIAM JASPER TRUST FOR A NEW SINGLE-FAMILY DWELLING AND ACCESSORY STRUCTURES AT 149 FOURTH STREET EAST (APN 018-051-014) INCLUDING ACTION TO APPROVE A CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303 (NEW CONSTRUCTION) OF THE
STATE CEQA GUIDELINES
WHEREAS, on January 24, 2024 Chad Moll submitted an application to the City of Sonoma for a Use Permit and Design Review Permit to construct a new single-family home and accessory structures at 149 Fourth Street East (“Project”); and WHEREAS, the Project was subject to a Settlement Agreement entered into between the City and the Property Owner in 2021 after a prior project was denied; and WHEREAS, the City of Sonoma (“City”) determined that the Project was Categorically Exempt from the requirements of the California Environmental Quality Act (“CEQA”), per CEQA Section 15303 (New Construction). The Project, in conjunction with two other neighboring single-family home projects, is exempt pursuant to Section 15303 because it entails not more than three single-family dwellings with accessory structures that are consistent with the General Plan land use designation and policies and the zoning designation and applicable regulations. The site does not contain endangered, rare, or threatened species and the project would not result in any significant effects relating to traffic, noise, air quality or water quality. The Project would be adequately served by all required utilities and public services; and
WHEREAS, the City Council considered and concurred with the Class 3 Categorical Exemption prior to taking any action on the Project; and WHEREAS, the City Council held a duly noticed public hearing on May 20, 2026, to consider the merits of the Use Permit and Design Review for the Project and hear testimony in favor of, and in opposition to, the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that it hereby finds and declares as follows:
I. Record
A. The record of proceedings (“Record”) upon which all findings and determinations related to the Project and the Class 3 Categorical Exemption are based includes, but is not limited to:
1. The technical reports and all other documents relied upon for the Categorical Exemption;
2. The staff reports, City files, records and other documents, and all other information (including written evidence and testimony) prepared for and/or submitted to the City Council relating to the Project;
Agenda Item #8.2:
2 3. All information (including written evidence and testimony) presented to the City by the staff, applicant, public, environmental consultants and sub consultants relating to the Project;
4. All information (including written evidence and testimony) presented to the City by other public agencies relating to the Project;
5. All documentary and oral evidence received at public workshops, meetings, and hearings or submitted to the City relating to the Project;
6. For documentary and information purposes, the General Plan, its related environmental document, the Sonoma Municipal Code and all other City-adopted land use plans and ordinances, including, without limitation, specific plans, guidelines and ordinances;
7. All other matters of common knowledge to the City Council, including, but not limited to, City, state, and federal laws, policies, rules, regulations, reports, records and projections related to development within the City of Sonoma and its surrounding areas;
8. The evidence, facts, findings and other determinations set forth in this resolution; and
9. All other documents comprising the record of proceedings pursuant to California Code of Civil Procedure Section 1094.5.
B. The findings contained in this Resolution are based upon the evidence in the entire Record relating to the Project. All the evidence supporting these findings was presented in a timely fashion, and early enough to allow adequate consideration by the City. References to specific reports and specific pages of documents are not intended to identify those sources as the exclusive basis for the findings.
The custodian of the documents and other materials that constitute the record of proceedings on which the City’s decision is based is the City Clerk, or designee. Such documents and other materials are located at Sonoma City Hall, No. 1 The Plaza, Sonoma, CA 95476.
II. Use Permit Findings
In accordance with Section 19.54.040.E of the Sonoma Municipal Code, the City Council has determined that the Project, as conditioned herein, is consistent with the findings required for Use Permit approval. The City hereby makes the following findings based on the facts contained in the Record as a whole, including, but not limited to those set forth below.
1. The proposed use is consistent with the General Plan and any specific plan; The development and use of the property as a single-family dwelling and accessory structures is consistent with the City of Sonoma 2020 General Plan. The Project site is designated Residential Hillside (R-HS) by the General Plan. The R-HS land use designation is intended to preserve Sonoma’s hillside backdrop, while allowing limited residential development in conjunction with agricultural uses. As the proposed Project would provide a single-family home with accessory structures, it complies with the R-HS land use designation.
The land use designation allows a residential density of up to 1 unit per 10 acres. The Project site is 2.92 acres and is allowed to have one dwelling unit, which is consistent with the proposed Project.
Agenda Item #8.2:
3 The proposed Project is consistent with the goals and policies of the City of Sonoma 2020 General Plan, which encourages infill development. In addition, the Community Development Element (CDE) of the General Plan recognizes that citizen approval of the Urban Growth Boundary (UBG) in 2000 reflects a commitment to focus growth within City limits in order to prevent urban sprawl into agriculturally and environmentally sensitive areas surrounding the city. The CDE notes that the UGB is also intended to concentrate future residential, commercial, and industrial growth in areas already served by urban services.
Applicable General Policies include the following:
Community Development Element
Limit growth in Sonoma to a rate that is based on the cost-effective provision of services within the sphere of influence (CDE 1.6).
Preserve and enhance the scale of the community without imposing rigid stylistic restrictions (CDE 5.1).
Housing Element:
Encourage diversity in the type, density, size, affordability, and tenure of residential development in Sonoma, while maintaining quality of life goals for the community (Policy H- 1.1).
Maintain and enhance the existing housing stock, preserve the affordable housing stock, and ensure that new residential development is consistent with Sonoma’s town character and neighborhood quality (HE Goal 3).
Maintain sustainable neighborhoods with quality housing, infrastructure, and open space that fosters neighborhood character and the health of residents (H-3.1). Promote environmental sustainability through support of existing and new development that minimizes reliance on natural resources (Goal H-6). Promote the use of sustainable construction techniques and environmentally sensitive design for all housing to include best practices in water conservation, low-impact drainage, and greenhouse gas reduction (HE 6.3).
Environmental Resources Element:
Require new development to provide adequate private and, where appropriate, public open space (ERE 1.4).
Preserve existing trees and plant new trees (ERE 2.6). Encourage construction, building maintenance, landscaping, and transportation practices that promote energy and water conservation and reduce green-house gas emissions (ERE 3.2).
Public Safety Element:
Require development to be designed and constructed in a manner that reduces the potential for damage and injury from natural and human causes to the extent possible (PSE 1.1).
Ensure that all development projects provide adequate fire protection (PSE 1.3).
Agenda Item #8.2:
4 Overall, the proposed Project is consistent with applicable General Plan policies. There is no Specific Plan applicable to the Project site.
2. The proposed use is allowed with a conditional use permit within the applicable zoning district and complies with all applicable standards and regulations of this development code (except for approved variances and exceptions);
The Project is located in the Residential Hillside zoning district. Single-family residential land uses are identified as conditionally allowed uses in the zoning district as set forth in Sonoma Municipal Code (SMC) Section 19.10.050. The proposed uses are allowed with a Use Permit within the zoning district and as conditioned, the Project would comply with applicable standards contained in the SMC. The Project complies with the development standards applicable to new development in the Northeast Planning Area and the development and design standards applicable to new development in Hillside Development (SMC 19.40.050) as it is tucked behind existing vegetation and would not significantly impact public or private views.
3. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; and Location: The Project site is zoned Residential-Hillside and is located within the Northeast Planning Area. The zoning district identifies single-family dwellings as allowable uses, subject to Use Permit review and approval to preserve and protect views to and from the hillside areas, preserve significant topographical features and habitats consistent with the character and environmental quality of the city. The proposed location of roads and buildings is to minimize impacts to the topography by stepping with the terrain and limiting grading needs.
Size: The Project complies with Development Code standards regulating building height, site coverage, and floor area ratio and is compatible with existing development in terms of size massing and design.
Design: The Project complies with Development Code standards concerning building height, setbacks, site coverage, and floor area ratio, which have as their purpose ensuring that new development fits appropriately within its surroundings. The Project also complies with Infill in the Historic Overlay Zone and the Objectives of the Hillside Development. The Project is one-story and steps with the slope. The color and materials selected are all natural and proposed to blend with the environment.
Operating Characteristics: The site is intended and will be used for single-family residence.
4. The proposed use will not impair the architectural integrity and character of the zoning district in which it is to be located.
The proposed uses would not impair the architectural integrity and character of the zoning district in which it is located. The Project site is in the Residential Hillside zoning district in the Northeast Planning Area, which supports a mix of single-family residential Agenda Item #8.2:
5 development of a variety of sizes with accessory structures. The Project also complies with Infill in the Historic Overlay Zone and the Objectives of the Hillside Development.
Therefore, the Project would not impair the character of its surroundings.
In accordance with Section 9.50.050.F of the Sonoma Municipal Code, the City Council has also evaluated the Project and finds, as conditioned herein, it meet the objectives for a use permit application for hillside development based on the facts contained in the Record as a whole, including, but not limited to those set forth below.
1. The preservation of natural topographic features and appearances by maintaining the natural topography to the greatest extent possible; The Project proposes to only impact the natural topography for the construction of the roads and structures. The structures will step with the terrain, limiting the need for lot pad grading.
2. The protection of natural topographic features and appearances through limitations on successive padding and terracing of building sites and the preservation of significant ridgelines, steep slopes, natural rock outcroppings, drainage courses, prominent trees and woodlands, vernal pools, and other areas of special natural terrain; The building sites are terraced with the slope of the lot. There are no signification ridgelines, rock outcroppings, or other areas of special natural terrain identified on this site.
3. The utilization of varying setbacks, building heights, foundation designs, and compatible building forms, materials, and colors that help blend buildings into the terrain;
The setbacks vary for all of the walls of the structures in relation to the parcel lines. The building heights and forms also vary throughout the Project with the accessory structures being subordinate in design and size to the main house. The natural materials and colors will help to blend the Project into the natural terrain.
4. The utilization of clustered sites and buildings on more gently sloping terrain to reduce grading alterations on steeper slopes;
The Project is spread on the lot to limit massing but is located on the more gentling sloping terrain reducing steeper cuts and slopes.
5. The utilization of building designs, locations, and arrangements that protect views to and from the hillside area;
The Project location and site have limited visibility from the public right-of way and does not materially impact views of the hillside. The ridgeline and peak of Schocken hill is not impacted.
6. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and
Agenda Item #8.2:
6 After grading, the slopes will be restored and planted with appropriate plant materials as a condition of approval. Only those trees directly impacted by the construction are proposed to be removed with a tree protection plan required for those remaining within the limits of construction.
7. The utilization of street designs and improvements that minimize grading alterations and harmonize with the natural contours of the hillsides.
The street design is located to rise with the natural contours of the hillside to limit the amount of grading and fill for the Project to create the required road width and further limiting the need for retaining walls.
III. Design Review Findings
Based on the findings below and pursuant to SMC Section 19.54.080, the City Council grants design review approval of the Project as conditioned herein. Specifically, the City Council hereby makes the following findings in support of its decision to grant design review approval based on the facts contained in the Record as a whole, including, but not limited to those set forth below:
1. The project complies with applicable policies and regulations, as set forth in this Development Code (except for approved Variances and Exceptions), other City ordinances, and the General Plan.
The Project’s site design and architecture comply with the applicable policies and regulations set forth in the Development Code. Development of the Project would meet applicable development standards for the Residential Hillside zoning district, including limits on height, setbacks, site coverage, and floor area ratio.
2. On balance, the project is consistent with the intent of applicable design guidelines set forth in the Development Code.
The proposed Project is consistent with the design guidelines contained in Chapter
19.18 (Northeast Planning Area) and Section 19.40.050 (Hillside Development) as the Project is located within the middle of the site, stepping with the terrain and the proposed structures are below the maximum height limit.
3. The project responds appropriately to the context of adjacent development, as well as existing site conditions and environmental features.
The Project is compatible with adjacent development. The Project also complies with Development Code standards including building height, setbacks, site coverage, and floor area ratio, which ensure that new development fits appropriately within its surroundings. The proposed natural materials and colors help blend the proposed development into the environment. The stepping of the Project with the terrain helps blend the Project with the existing site conditions. The existing trees and topography not within the limits of the construction are not proposed to be impacted by the development.
4. The proposed development will not be detrimental to the public health, safety or welfare, or materially injurious to properties and improvements in the vicinity.
Agenda Item #8.2:
7 The proposed Project will not be detrimental to public health, safety, or welfare or materially injurious to properties and improvements in the vicinity. The Project proposes and is conditioned to provide necessary improvements to catch stormwater runoff, and install erosion and fire protection measures on the site.
5. The project will not impair the historic character of its surroundings.
The proposed Project would not impair the historic character of the surroundings. The Project is not inside a historic district. The Project site is located behind a parcel with a two-story Craftsman style home built in 1910. The proposed house and pool house are located 149 feet and 184 feet, respectively, from the existing home behind a wall of trees that are proposed to remain.
6. The project substantially complies with the applicable guidelines set forth in Chapter 19.42 SMC (Historic Preservation and Infill in the Historic Zone); The Project substantially complies with the applicable guidelines identified in Infill in the Historic Overlay Zone. The Project site has limited visibility from the public right-of-way and is located behind a potentially historic resource but would be barely visible behind through the trees located on the parcel in front.
7. The project substantially complies with any applicable preservation plan or other guidelines or requirements pertaining to a local historic district as designated through SMC 19.42.020 (Designation of a local historic resource or district) and adopted by the city of Sonoma.
The Project site is not subject to a preservation plan and the Project site is not within a local historic district designated through SMC 19.42.020. The Project site is located outside the Sonoma Plaza National Register Historic District, the Broadway District, Train District, and Sebastiani Cottage District.
IV. Indemnity and Time Limits
A. The applicant/developer, owner, and any successor in interest, severally and jointly, shall defend, indemnify, and hold harmless the City and its agents, officers, attorneys, and employees from any claim, action, or proceeding brought against the City or its agents, officers, attorneys, or employees to attack, set aside, void, or annul the City Council's decision at issue herein, including any approval of any portion of the Project or the environmental review document(s) for the Project. This indemnification shall include damages or fees awarded against the City, if any, costs of suit, attorney's fees, and other costs and expenses incurred in connection with such action whether incurred by the applicant/developer, owner, the City, and/or parties initiating or bringing such action.
B. The applicant/developer, owner, and any successor in interest, severally and jointly, shall defend, indemnify, and hold harmless the City, its agents, officers, employees, and attorneys for all costs incurred in additional investigation of or study of, or for supplementing, preparing, redrafting, revising, or amending any document (included but not limited to any environmental document or study), if made necessary by any claim, action, or proceeding and if the applicant/developer or owner desires to pursue securing such approvals and/or clearances, after initiation of such claim, action, or Agenda Item #8.2:
8 proceeding, which are conditioned on the approval of such documents in a form and under conditions approved by the City Attorney.
C. In the event that a claim, action, or proceeding described in subsection number A or B above is brought, the City shall promptly notify the applicant/developer and owner of the existence of the claim, action, or proceeding, and the City will cooperate fully in the defense of such claim, action, or proceeding. Nothing herein shall prohibit the City from participating in the defense of any claim, action, or proceeding; the City shall retain the right to approve (i) the counsel to so defend the City, (ii) all significant decisions concerning the manner in which the defense is conducted, and (iii) any and all settlements, which approval shall not be unreasonably withheld. The City shall also have the right not to participate in its defense, except that the City agrees to cooperate with the applicant/developer and owner in the defense of such claim, action, or proceeding. If the City chooses to have counsel of its own to defend any claim, action, or proceeding where the applicant/developer or owner has already retained counsel to defend the City in such matters, the fees and expenses of the counsel selected by the City shall be paid by the applicant/developer and owner.
D. The applicant/developer, owner, and any successor in interest, severally and jointly, shall indemnify the City for all the City's costs, fees, and damages which the City incurs in enforcing the above indemnification provisions.
E. If the applicant and/or owner is not a natural person, but is an entity, then the managing member, majority shareholder, or other principal of the entity shall be personally liable for the entity's obligations under these indemnification provisions.
F. Unless a shorter limitation period applies, the time within which judicial review of this decision must be sought is governed by California Code of Civil Procedure section 1094.6.
G. The conditions of project approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions, some of which may be subject to the Mitigation Fee Act (Government Code section 66000, et seq.). Pursuant to Government Code section 66020, subdivision (d)(1), the conditions constitute written notice of a statement of the amount of such fees and a description of dedications, reservations, and other exactions. You are hereby further notified that the 90-day approval period in which you may protest these fees, dedications, reservations, and other exactions pursuant to Government Code section 66020, subdivision (a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Government Code section 66020, you will be legally barred from later challenging such exactions.
V. Project Approval
Based on the findings set forth in this Resolution, the City Council hereby grants approval of a Use Permit and Design Review Project located at 149 Fourth Street East and as set forth in Project narrative and Project plans provided with the staff report on May 20, 2026, subject to the Conditions of Approval attached hereto and incorporated herein by reference.
VI. Effective Date
Agenda Item #8.2:
9 Under SMC Section 19.88.090, this decision of the City Council is final and is effective on the date of adoption.
RESOLVED AND ADOPTED this ___________________, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Ron Wellander, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #8.2:
DRAFT
City of Sonoma City Council
CONDITIONS OF PROJECT APPROVAL
Brazil Hillside 149 Fourth Street East (UA 24-02)
May 20, 2026
This Use Permit and Design Review Permit (UA-24-02) approval authorizes the construction of a 5,580 sqft single-family dwelling, 600 sqft pool house, and 885 sqft detached garage, pool, covered patios, driveway and paths (Project).
The final improvement plans, landscaping plans, and other designs, plans and specifications developed for the construction and implementation of the Project shall be in conformance with the Resolution, the City’s Municipal Code and the project narrative, and approved plans provided to the City Council and attached to the Staff Report on May 20, 2026, except as modified by these conditions. These conditions shall be included on the Building Permit Plan Set Sheets.
Any future modifications to the approved project beyond the scope may require submittal of an amendment to the Use Permit and Design Review Permit and approval by the authorized agency.
Any permit or approval not exercised within six years of approval, two years per application for a single family home on the Brazil Hillside, shall expire and become void. The permit shall not be deemed “exercised” until the permittee has actually obtained a building permit (including demolition permit) and commenced construction (including activities such as tree removal or grading) or has actually commenced the permitted use on the subject property in compliance with the conditions of approval and the Sonoma Municipal Code.
Community Development Department:
1. Landscaping.
a. Plan submittal requirements: All required Landscape Plan documents shall be submitted for review and approved by the Planning Division prior to the issuance of the Building Permit (e.g., WELO Worksheet, accessible here https://www.sonomacity.org/water-efficient-landscape- ordinance/ , irrigation plan, etc.).
b. WELO. Project will comply with the regulations pertaining to the State of California’s Water Efficient Landscaping Ordinance (WELO) and as outlined in Sonoma Municipal Code (SMC) Chapter 14.32, Water-Efficient Landscaping, including automative irrigation system plan.
c. Final Landscape Plan. Following approval of the land use entitlement, a final landscape plan shall be submitted as part of the application for a building permit. Final plans shall be approved by the community development director before the start of Agenda Item #8.2:
on-site construction or soil disturbance and before the issuance of a building permit.
Projects requiring commission approval due to their size or use shall require plans be prepared by a licensed landscape architect or licensed contractor. Evidence shall also be provided that a licensed landscape contractor will be responsible for plant and irrigation installation and that irrigation is automatic. WELO documentation shall be submitted with the final landscape plan. Final landscape plan must demonstrate that landscape is designed to meet the requirements for sites located in the Very High Fire Severity Zone (VHFSZ).
d. Streetscape. Landscaping shall be provided adjacent to public right-of-way in conformance with applicable provisions of SMC 19.40.060, Landscape Standards, as well as meet streetscape standards pursuant to SMC 19.12.020 for rural roads. No new trees will be required unless trees are removed and it is feasible to replant.
Additional landscaping may include erosion control planting. e. Maintenance Required. Landscape areas shall be maintained to ensure survival and growth of the tree, bush, or ground cover in compliance with the approved landscape plan. Irrigation systems and their components shall be maintained in a fully functional manner. Regular maintenance shall include, but not be limited to, checking, adjusting, and repairing irrigation equipment; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas.
Enforcement Responsibility: Planning Division, Public Works Timing: Prior to issuance of building permit, as part of submittal, and ongoing
2. Exterior lighting shall conform to the California Energy Standards and standards and guidelines contained under Section 19.40.030 of the Development Code (Exterior Lighting). No light or glare shall be directed toward, or allowed to spill onto any offsite areas. All exterior light fixtures shall be shielded to avoid glare onto neighboring properties, and shall be the minimum necessary for site safety and security. Lighting and luminaire schedule shall provide consistent information across all plan sheets, including light pole height.
Enforcement Responsibility: Planning Division; Building Division Timing: Prior to issuance of occupancy permit
3. Solar Equipment. Solar equipment shall be in compliance with standards outlined in SMC Section 19.40.100 (C), Solar Equipment.
Enforcement Responsibility: Planning Division; Building Division Timing: Prior first occupancy for each individual building
4. Address Assignment: An Address Assignment shall be submitted prior to building permits issuance and approved by the Community Development Department.
Enforcement Responsibility: Planning Division
Timing: Prior to issuance of building permit to construct new residential buildings Agenda Item #8.2:
5.5. The project shall be constructed in accordance with the following requirements The project shall b related to tree preservation, mitigation, and replacement as set forth in SMC Section related to tree preser
12.08.35:12.08.35:
a.a.Applicant shall submit an updated tree replacement plan, which shall be prepared by Applicant shall su a certified arborist and shall identify proposed replacement trees, including species a certified arborist and size and planting measures to be included in the Final Landscape Plan. Tree and size and planting replacreplac ement shall be consistent with those outlined in SMC 12.08.035 (E)(1) through ement shall be co (3). The tree replacement plan shall be subject to approval by the Community (3). The tree replacemen Development Director per applicable City standards.Development Director per applicable City standard b.b.The applicant shall submit a tree protection plan outlining all tree protection measures The applicant sh to be implemented. All applicable project design and construction requirements to be implemented. All related to the protection of trees shall be implemented in accordance with SMC related to the protectio Section 1Section 1 2.08.035 F(1) through F(6) and accepted ISA guidelines, unless modified or 2.08.035 F(1) thr waived by the director of public works in consultation with the project arborist. The waived by the direct tree protection plan shall be subject to approval by the Community Development tree protection plan s Director.Director.
c.c.Tree replacement shall consist of a 1 to 1 ratio with 15Tree replacement shall consist of a 1 to 1 ratio w-gallon sizes - gallon sizes ..If larger tree sizes If larger tree siz are provided 2 each 15are provided 2 each 15 -gallon trees may be replaced with 1 each 24 - gallon trees may be replaced with -inch box size, - inch box size, and 3 each 15and 3 each 15 -gallon trees may be replaced with 1 each 36 inch box size; or payment - gallon trees may of an inof an in -lieu fee. - lieu fee.
Enforcement Responsibility: Enforcement Responsibility: Planning DivisionPlanning Division Timing: Prior to the issuance of the grading permit and/or removal of trees from Timing: Prior to th the site.the site.
13.13.If archaeological remains or a dense concentration of historic period site indicators are If archaeological uncovered, work at the place of the discovery shall be halted immediately until a uncovered, work at the qualified archaeologist can evaluate the finds. Prehistoric archaeological site indiqualified archaeologist cators cators include: obsidian and chert flakes and chipped stone tools; grinding and mashing include: obsidian and c implements (e.g., slabs and handstones, and mortars and pestles); bedrock outcrops implements (e.g., s and boulders with mortar cups; and locally darkened midden soils. Midden soils may and boulders with m cocontain a combination of any of the previously listed items with the possible addition of ntain a combinati bone and shell remains, and fire affected stones. Historic period site indicators generally bone and shell include: fragments of glass, ceramic, and metal objects; milled and split luinclude: fragments of glass, cember; and mber; and structure and feature remains such as building foundations and discrete trash deposits structure and fea (e.g., wells, privy pits, dumps).(e.g., wells, privy pits, dumps).
Enforcement Responsibility: Building Enforcement Responsibility: Building DivisionDivision ; Planning ; Planning DivisionDivision ; Public Works ; Public Works DepartmentDepartment
Timing: Ongoing during constructionTiming: Ongoing during construction
14.14.The Society of Vertebrate Paleontology, a national scientific organization of professional The Society of vertebrate paleontologists, has established standard guidelines that outline acceptable vertebrate paleon professional practices in the conduct of paleontological resource assessmentsprofessional practices in tand and surveys, monitoring and mitigation, data and fossil recovery, sampling procedures, surveys, monitoring a specimen preparation, analysis, and curation. Most practicing professional specimen preparation, analys paleontologists in the nation adhere to the Society of Vertebrate Paleontology paleontologists in the nati Agenda Item #8.2:
assessment, mitigation, and monitoring requirements, as specifically spelled out in its assessment, mitig standard guidelines. If paleontological resources are identified during construction standard guidelines. I activities, all work in the immediate area will cease until a qualified paleontologactivities, all work in the imist has ist has evaluated the finds in accordance with the standard guidelines established by the evaluated the finds in Society of Vertebrate Paleontology. If the paleontological resources are considered to Society of Vertebr be significant, a data recovery program will be implemented in accordance with be significant, a data recthe the guidelines established by the Society of Vertebrate Paleontology. Data recovery will guidelines establish reduce all impacts to a lessreduce all impacts to a less -than - than -significant level. - significant level.
Enforcement Responsibility: Building Enforcement Responsibility: Building DivisionDivision ; Planning ; Planning DivisionDivision ; Public Works ; Public Works DepartmentDepartment
Timing: Ongoing during constructionTiming: Ongoing during construction
15.15.In the event of the accidental discovery or recognition of any human remains in any In the event of the a location other than a dedicated cemetery, the following steps should be taken: location other than a dedi a.a.There shall be no further excavation or disturbance of the site, or any nearby area There shall be no fu reasonably suspected to overlie adjacent human remains until: reasonably suspected to overlie adjace 11) The coroner of the county in which the remains are discovered must be contacted ) The coroner of t to determine that no investigation of the cause of death is required, and to determine that no investigat 22) If the coroner determines the remains to be Native American: ) If the coroner determines the remain i. The coroner shall contact the NAHC within 24 hours. i . The coroner shall contact the NAHC within iiii. The NAHC shall identify the person or persons it believes to be the most likely . The NAHC shall descended from the deceased Native American. descended from the deceased Native American. iiiiii . The most likely descendent may make recommendations to the landowner or . The most likely d the person responsible for the excavation work, for means of treating or disposing the person respo of, with appropriate dignity, the human remains, and any associated grave goods of, with appropria as provided in Sectas provided in Sect ion 5097.98 of the Public Resources Code, or ion 5097.98 of the Public Resourc b.b.Where the following conditions occur, the landowner or the landowner’s authorized Where the following representative shall rebury the Native American human remains and associated grave representative s goods with appropriate dignity on the property in a location not subject to further goods with appropriat subsurfsubsurf ace disturbance. ace disturbance.
11) The NAHC is unable to identify the most likely descendent or the most likely ) The NAHC is unable t descendent failed to make a recommendation within 24 hours after being notified by descendent failed the commission. the commission.
22) The descendant identified fails to make a recommendation; or ) The descendant identified fails to m 33) The landowner or the landowner’s authorized representative rejects the ) The landowner or the land recommendation of the descendant, and the mediation by the NAHC fails to provide recommendation o measures acceptable to the landowner.measures acceptable to the landowner.
Enforcement Responsibility: Building Enforcement Responsibility: Building DivisionDivision ; Planning ; Planning DivisionDivision ; Public Works ; Public Works DepartmentDepartment
Timing: Ongoing during constructionTiming: Ongoing during construction
16.16.Biology:Biology:
a.a.Develop and implement a worker environmental awareness programDevelop and implement a worker Before the start of any construction activity, the project applicant will develop a worker Before the start o environmental awareness program (WEAP) that will be provided to all personnel environmental awarene working on the project area during construction and operation. Training materials and working on the pro bbriefings will include but not be limited to the following elements:riefings will include but not be limited to Agenda Item #8.2:
• A discussion of applicable requirements established by the following laws and • A discussion of applica regulations, consequences of noncompliance, and the specific conditions of permits regulations, conseq obtained for the project from USFWS and CDFW, under the federal ESA, California obtained for the proj Endangered SpEndangered Sp ecies Act, and the Migratory Bird Treaty Act;ecies Act, and the Migratory Bird Treaty Act • Identification and values of the special• Identification and values of the special -status plant and wildlife species to be protected - status plant and by the project; identification of important wildlife habitat and sensitive requirements by the project; identif during various life stages, and the species protected status.during various life stages, and the species pr • Fire protection measures, measures to avoid introduction and minimize the spread of • Fire protection m invasive weeds during construction and operation; procedures for managing trash and invasive weeds d food waste to prevent attracting corvids nuisance wildlife to the site; and proceduresfood waste to prevefor for preventing and containing spills of hazardous substances.preventing and containing spills of hazardous The project applicant will conduct the workerThe project applicant will conduct the worker -training program for new employees - training program for n coming on the project area before the start of any construction activity that would disturb coming on the surface soils. The project applicant will ensure that all personnel working on sitesurface soils. The projecreceive receive the training, including construction contractors and Sonoma Hillside Project personnel the training, includ who will operate and maintain project facilities. The training program will be recorded who will operate an and subsequently shown to any project personnel who are unable to attendand subsequently shown to athe initial the initial training program.training program.
b.b.Conduct PreConduct Pre -Construction Surveys for Swainson’s Hawk and Implement Protective - Construction Surv BuffersBuffers
Preconstruction Surveys.Preconstruction Surveys. A qualified biologist will conduct at least two preconstruction A qualified biolog surveys for Swainson’s hawks when construction activities are scheduled during the surveys for Swainso nesting season (March 1 through September 1) within the project footprint and all nesting season (March suitable nesting habitat wisuitable nesting habitat wi thin line of sight of construction activities within a 0.25thin line of sight of const--mile mile radius of the project footprint. The surveys will be conducted using methods consistent radius of the proj with guidelines provided in Recommended Timing and Methodology for Swainson’swith guidelines provi Hawk Nesting Surveys in the Central Valley (SHTAC 2000) with the following Hawk Nesting Surveys in t exceptions:exceptions:
• Surveys will be required within a 0.25• Surveys will be required within a 0.25 -mile (1,320 - mile (1,320 -foot) radius around the project area. - foot) radius arou In instances where an adjacent parcel is not accessible to survey because the qualified In instances whe biologist was not granted permission to enter, the qualified biologist will sbiologist was not granted permcan all can all potential nest tree(s) from the adjacent property, road sides, or other safe, publicly potential nest tree(s) accessible viewpoints, without trespassing, using binoculars and/or a spotting scope to accessible viewp look for Swainson’s hawk nesting activity; look for Swainson’s hawk nesting activity; • Surveys will occur during the recommended Swainson’s hawk survey period (SHTAC • Surveys will occ 2000) immediately prior to the project’s initiation and, if possible, within 15 days of the 2000) immediately initiation of construction activities; andinitiation of construction activities; and • Two surveys shall be conducted prior to initial ground• Two surveys shall be conducted prior to initial g-disturbing activities 15 days - disturbing activities prior to any project work including vegetation removal or active construction, including prior to any projec demolition, site grading, or use of heavy equipment. The initial two preconstrucdemolition, site grading, otion tion surveys should be spaced at least 7 days apart and no more than 15 days apart. If surveys should be sp active construction lapses for more than 15 days, another preconstruction survey for active construction Swainson’s hawk activity is required.Swainson’s hawk activity is required.
Nest Buffers. If active Swainson’s hawk nests are found, appropriate buffers shall be Nest Buffers. If act established around active nest sites, in coordination with CDFW, to provide adequate established aroun protection for nesting raptors and their young. No project activity shall commence duprotection for nestinring ring the nesting season within the buffer areas until the qualified biologist has determined the nesting season Agenda Item #8.2:
that the young have fledged, the nest is no longer active, or reducing the buffer would that the young hav not result in nest abandonment. not result in nest abandonment.
Nest Monitoring. Monitoring of the nest by a qualified biologist during construction Nest Monitoring. Mon activities may be required if the qualified biologist determines that the activity has activities may be requi potential to adversely affect the nest. If construction activities cause the nestingpotential to adversely affbird to bird to vocalize, make defensive flights at intruders, get up from a brooding position, or fly off vocalize, make de the nest, then the nothe nest, then the no -disturbance buffer shall be increased until the agitated behavior - disturbance buffer ceases. The exclusionary buffer will remain in place until the qualiceases. The exclusionary buffer will refied biologist has fied biologist has confirmed that the chicks have fledged.confirmed that the chicks have fledged. Information about avoidance and minimization Information about measures for Swainson’s hawk shall be included in the WEAP described above in measures for Swainso Avoidance and Minimization Measure BIOAvoidance and Minimization Measure BIO -1. - 1. c.c.Conduct PreConduct Pre -Construction Surveys for Nesting Birds and Raptors - Construction Surveys for Nesting Bir Tree or vegetation removal shall be conducted outside of the nesting season (i.e., the Tree or vegetation nesting season is defined as February 1 through August 31) to the greatest extent nesting season is def feasible. If construction activities will begin during the nesting season, a qualified feasible. If construction biologist shall conduct a survey for nesting birds no more than 3 days prior to vegetation biologist shall c removal or groundremoval or ground -disturbing activities during the nesting season within suitable habitat - disturbing activit (i.e., February 1 through August 31). The survey shall cover the limits of (i.e., February 1 through Augusconstruction construction and accessible suitable nesting habitat within 500 feet. If any active nests are observed and accessible s during surveys, a qualified biologist should establish a suitable avoidance buffer from during surveys, a q the active nest. The buffer distance will typically range from 50the active nest. The buffer distance will tyfeet (for nesting feet (for nesting passerines) to 500 feet (for nesting raptors) and will be determined based on factors passerines) to 500 such as the species of bird, topographic features, intensity and extent of the such as the species of bird, disturbance, timing relative to the nesting cycle, and anticipated groundisturbance, timing relative to the d disturbance d disturbance schedule.schedule.
If vegetation removal activities are delayed, additional nest surveys shall be conducted If vegetation rem such that no more than 7 days are allowed to pass between the survey and vegetation such that no mor removal activities.removal activities.
d.d.Avoid Impacts on Nesting Birds and Raptors during ConstructionAvoid Impacts on Nesting Birds and Limits of construction to avoid active nests shall be established in the field with flagging, Limits of constru fencing, or other appropriate barriers and shall be maintained until the chicks have fencing, or other app fledged and the nests are no longer active, as determined by the qualified bifledged and the nests are no ologist.ologist.
If an active nest is identified in or adjacent to the construction zone after construction If an active nest is has started, work in the vicinity of the nest shall be halted until the qualified biologist can has started, wo provide appropriate avoidance and minimization measures to ensure thaprovide appropriate avoidance at the nest is not t the nest is not disturbed by construction. Appropriate measures may include a nodisturbed by construction. Appropriate -disturbance buffer - disturbance buffer until the nest has fledged and/or fulluntil the nest has fledged and/or full -time monitoring by a qualified biologist during - time monitoring by a q construction activities conducted near the nest.construction activities conducted near the nest. Information about Information about avoidance measures avoidance meas to protect nesting birds and raptors shall be included in the WEAP described above in to protect nesting Avoidance and Minimization Measure BIOAvoidance and Minimization Measure BIO -1. - 1. e.e.Avoid, Minimize, and Mitigate for Impacts on BatsAvoid, Minimize, and Mitigate for Impacts on Bats A qualified biologist shall conduct a preconstruction habitat assessment for potential A qualified biologist communal bat roosts within the project area and a 300communal bat roosts within the project area and a -foot buffer of the project area, - foot buffer of the p ideally one year in advance of, but no less than 30 days prior to the start of conideally one year in advanstruction. struction.
The habitat assessment should include a visual inspection of potential roosting features The habitat asse (e.g., hollows in trees, bridges), including looking for the presence of guano. If potential (e.g., hollows in Agenda Item #8.2:
maternity roosts or winter hibernacula are found, their locations shall be mapped, and maternity roosts o the project shall avoid all areas within a 300the project shall avoid all areas within a 300 -foot buffer around the potential roost sites. - foot buffer aroun The nonThe non -disturbance buffer shall remain in place during the maternity and wi - disturbance buffer shall remnter nter hibernation seasons (May 1 through August 15, and November 1 through March 31) or hibernation seas until bats have vacated the roost, unless otherwise authorized by CDFW and USFWS, until bats have va as relevant.as relevant. Information about avoidance measures to protect roosting bats shall be Information about av incinc luded in the WEAP described above in Avoidance and Minimization Measure BIOluded in the WEAP -1. - 1. f.f.SpecialSpecial -Status Plant Protection. - Status Plant Protection.
Preconstruction Surveys. Before commencing construction activities, a qualified botanist Preconstruction will survey suitable habitat within the disturbance footprint of the activity, during the will survey suitable h appropriate identification period for Franciscan onion, Napa false indigo, biappropriate identification periogg-scale - scale balsamroot, narrowbalsamroot, narrow -anthered brodiaea, bent - anthered brodiaea, bent -flowered fiddleneck, Rincon Ridge - flowered fiddleneck, Rin manzanita, Clara Hunt's milkmanzanita, Clara Hunt's milk -vetch, Rincon Ridge ceanothus, holly - vetch, Rincon Ridge ceanothus, holly -leaved ceanothus, - leaved ceanothus Tiburon buckwheat, congestedTiburon buckwheat, congested -headed hayfield tarplant, thin - headed hayfield tarplant, thin -lobed horkelia, Jepson's - lobed horkelia, Je leleptosiphon, Cobb Mountain lupine, Sonoma beardtongue, Mount Burdell jewelflower, ptosiphon, Cobb M green jewelflower, Napa bluecurls, twogreen jewelflower, Napa bluecurls, two -fork clover, and oval - fork clover, and oval -leaved viburnum. Survey - leaved viburnum. methods will be consistent with Protocols for Surveying and Evaluating Impacts to methods will be consi Special SSpecial S tatus Native Plant Populations and Sensitive Natural Communities (CDFW tatus Native Plant P 2018) and Guidelines for Conducting and Reporting Botanical Inventories for Federally 2018) and Guide Listed, Proposed, and Candidate Plants (USFWS 2000). If no specialListed, Proposed, and Candidate P-status plants are - status plants are observed durinobserved durin g appropriately timed surveys by a qualified botanist, it is assumed that g appropriately tim the project will have no impact on specialthe project will have no impact on special -status plants, and no further action is - status plants, and no fur required.required.
Impact Avoidance. If specialImpact Avoidance. If special -status plants are identified within the planned construction - status plants are area, the individuals or populations will be mapped and quantified and reported to the area, the individua California Natural Diversity Database (California Natural Diversity Database ( CNDDBCNDDB ), and the project manager will be notified ) , and the projec so that potential impacts to these known occurrences will be avoided, when feasible. so that potential im Avoidance and minimization measures may include:Avoidance and minimization measures may include:
• No• No -disturbance buffers marked with temporary fencing, high - disturbance buffers marked with temporary -visibility flagging, or other - visibility flagging means that are equally effective.means that are equally effective. • Work windows for low• Work windows for low -impact activities such as mowing, grazing, or burning of channel - impact activities vegetation that are compatible with the dormant phase of a specialvegetation that are compatible with th-status plant life cycle - status plant life but that may kill living plants or severely alter their ability to reproduce.but that may kill living plants or se • Silt fencing or construction fencing to prevent vehicles, equipment, and personnel from • Silt fencing or accessing the occupied habitat.accessing the occupied habitat. • Erosion control BMPs such as straw wattles, erosion control blankets, or hydroseeding • Erosion contro with a native plant seed mix to prevent sedimentation from upslope maintenance with a native plant seed activities.activities.
• If needed, a qualified biologist will be present or on call during maintenance activities • If needed, a qua to provide guidance on avoiding specialto provide guidance on avoiding special -status plants, ensure that other avoidance - status plants, ensure measures (e.g., buffers, fencing) are observed, and to document the total impact measures (e.g., buffersof the of the maintenance activity, particularly if it is greater or less than anticipated.maintenance activity, particularly Agency Coordination. If work is required in areas where specialAgency Coordination. If work is required -status plant populations - status plant pop are present and cannot be avoided, the project applicant will coordinate with CDFW or are present and c USFWS staff, as appropriate, to develop appropriate minimization measures.USFWS staff, as appropria Information about avoidance measures to protect specialInformation about avoidance measures to prote-status plants shall be included - status plants sh in the WEAP described above in Avoidance and Minimization Measure in the WEAP described above in subsection subsection 16(a)16(a) ..
Agenda Item #8.2:
Enforcement Responsibility: Building Division; Planning Division; Public Works Enforcement Respon DepartmentDepartment
Timing: Timing: Prior to the issuance of the grading permit and/or removal of trees from the Prior to the issua site.site. Ongoing during constructionOngoing during construction ..
Building Division:Building Division:
17.17.The applicant shall submit a complete set of construction plans to the The applicant shall submit a complCommunity Community Development Department for building permit plan check processing. The submittal shall Development De includeinclude , but not limited to,, but not limited to, a Soils/Geotechnical Report, structural calculations, and State a Soils/Geotech Energy compliance documentation (Title 24). Construction plans shall include a site Energy compliance plan, a foundation plan, floor and roof framing plans, floor plan(s), section details, plan, a foundation plan exterior elevations, and materials specifications. Submitted plans must show c exterior elevations , and materials specificatioompliance ompliance with the latest adopted editions of the California Building Code (The Uniform Building with the latest adop Code with California Amendments, the California Mechanical, Electrical and Plumbing Code with Californ Codes). A comprehensive plan check will be completed prior to permit issuaCodes). A comprehensive pnce and nce and additional technical code requirements may be identified and changes to the originally additional technica submitted plans may be required.submitted plans may be required.
Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building Division Timing: Prior to Issuance of a Building Permit, Ongoing during constructionTiming: Prior to Issuan
18.18.Fire hydrants/lines shall be installed in the number and at the locations specified by the Fire hydrants/line Fire Chief and the City Engineer. Fire hydrants shall be installed and in working condition Fire Chief and t prior to stockpiling combustible material(s) prior to stockpiling combustible material(s) forfor combustible construction. combustible construction.
Enforcement Responsibility: City Engineer, Public Works Department, Fire Enforcement Responsibili Department, Building DivisionDepartment, Building Division Timing: Prior to combustible materials being onsite for construction.Timing: Prior to combustible mate
19.19.The Applicant shall arrange with the local garbage company to collect garbage, compost The Applicant s and recycling containers on the interior roadways.and recycling containers on the interior roadways.
Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building Division Timing: Prior to Issuance of a Building Permit, Ongoing during constructionTiming: Prior to Issuan
20.20.Dust control measures, including, but not limited to the following, shall be implemented Dust control meas as necessary during the construction phase of the project: 1) all exposed soil areas (i.e. as necessary du building sites, unpaved access roads, parking or staging areas) shall be watbuilding sites, unpaved accesered at least ered at least twice daily or as required by the City’s construction inspector, 2) exposed soil stockpiles twice daily or as shall be enclosed, covered, or watered twice daily; and 3) streets adjoining the project shall be enclosed, site (site ( Brazil and Fourth Street EastBrazil and Fourth Street East ) shall be swept daily, if) shall be swept daily, if visible soil material is visible soil material is deposited onto the road.deposited onto the road.
Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building Division Timing: Prior to Issuance of a Building Permit, Ongoing during constructionTiming: Prior to Issuan Agenda Item #8.2:
21.21.Provide a preliminary Construction Management Plan Provide a preliminary Construction Management P (CMP) (CMP) including a schedule of including a schedule construction milestones. The CMP shall contain the following: construction milestones. The CMP shall c •• Estimated project duration and timelineEstimated project duration and timeline •• Preliminary schedule of milestones (excavation, grading, and off haul duration; Preliminary schedule foundation work; framing; flatwork/paving; punch list/final inspection)foundation work; framing; flatwo •• Excavation and disposal methods Excavation and disposal methods •• Equipment to be usedEquipment to be used
•• Site access location Site access location
•• Storage and staging location of materials and equipment/portable toilet/debris box and Storage and sta waste bins waste bins
•• Truck loading area and temporary traffic control required as necessaryTruck loading area and tempo •• Haul routeHaul route
Enforcement Responsibility: City Engineer; Building DivisionEnforcement Responsibility: City Eng Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a , Ongoing , Ongoing during constructionduring construction
22.22.Prior to the start of any onPrior to the start of any on -site demolition (including tree removal), site development and - site demolition ( building construction, the applicant shall provide written notification at least one week in building construc advance of the commencement of the construction activity to immediatelyadvance of the commencement adjacent adjacent property owners / residents. The notice should provide the type of activity, expected property owners / res commencement date, hours of operation, and the contact information of the oncommencement date, hou-site - site responsible parties (e.g. developer onresponsible parties (e.g. developer on -site manager, project manager, and City - site manager, project manofficial.) official.) Provide written notification to the Building Division.Provide written notification to the Building Division.
Enforcement Responsibility: Building DivisionEnforcement Responsibility: Building Division Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a
23.23.All construction equipment shall be properly maintained and equipped with noiseAll construction equipme-- reduction intake and exhaust muffles and engine shrouds, in accordance with reduction intake and exhau manufacturer’s recommendations. Equipment engine shrouds shall be closed during manufacturer’s reco equipment operationequipment operation . Stationary equipment (power generators, compressors, etc.) shall . Stationary equi be located at the furthest practical distance from nearby noisebe located at the furthest practical distance -sensitive land uses or - sensitive land uses sufficiently shielded to reduce noisesufficiently shielded to reduce noise -related impacts. When not in use, motorized - related impacts. When construction equipmeconstruction equipme nt shall not be left idling from more than 5 minutes. Noisent shall not be left idling fro-- producing construction activities and materials delivery shall comply with the limitations producing constru of the City’s Noise Ordinance, including limiting noise producing construction activities of the City’s Noise and deliveries and deliveries to the following days and hours:to the following days and hours:
MONDAY MONDAY ––FRIDAY:FRIDAY: 8:00 a.m. to 6:00 p.m.8:00 a.m. to 6:00 p.m.
SATURDAY:SATURDAY: 9:00 a.m. to 6:00 p.m.9:00 a.m. to 6:00 p.m.
SUNDAY/CITYSUNDAY/CITY -DESIGNATED - DESIGNATED
HOLIDAYS:HOLIDAYS:
10:00 a.m. to 6:00 p.m.10:00 a.m. to 6:00 p.m.
A publicly visible sign with the telephone number for contact person with the Applicant A publicly visible s regarding dust and noise complaints shall be posted. This person shall respond and take regarding dust a corrective action within 48 hours.corrective action within 48 hours.
Agenda Item #8.2:
Enforcement Responsibility: Community Development DepartmentEnforcement Responsibility: C , Code , Code
EnforcementEnforcement
Timing:Timing: Implemented prior to commencement and upon issuance of any Implemented prior to com construction, grading, demolition, and/or building permits.construction, grading, demolition, and/o
24.24.The property owner shall post a sign at all entrances to the construction site to inform all The property ow contractors of acceptable hours of construction as described in section 9.56.050 of the contractors of acc City’s municipal code.City’s municipal code.
Enforcement Responsibility: Community Development DepartmentEnforcement Responsibility: C, Code , Code EnforcementEnforcement
Timing:Timing: Implemented prior to commencement and upon issuance of any Implemented prior to com construction, grading, demolition, and/or building permits.construction, grading, demolition, and/o
25.25.The following Best Management practices shall be implemented during construction:The following Best M a.a.All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and All exposed surf unpaved access roads) shall be watered as needed to keep dust to a minimum.unpaved access roads b.b.All haul trucks transporting soil, sandAll haul trucks transporting soil, sand , o, orther loose material offr other loose material off -site shall be covered. - site shall be cove c.c.All visible mud or dirt trackAll visible mud or dirt track -out onto adjacent public roads shall be removed with wet - out onto adjacent power vacuum streetsweeper, as needed.power vacuum streetsweeper, as needed. d.d.All vehicle speeds on unpaved roads shall be limited to 15 mph.All vehicle speeds on unpaved roads s e.e.All roadways, driveways, and sidewalks to be paved shall be completed as soon as All roadways, drive possible.possible.
f.f. Idling times shall be minimized either by shutting equipment off when not in use or Idling times shall be reducing the maximum idling time to five minutes (as required by the California reducing the maximum airborne toxics control measure title 13, section 2485 of CCR). Clear signage shall be airborne toxics c proviprovi ded for construction workers at all access points.ded for construction workers at all access points g.g.All construction equipment shall be maintained and properly tuned in accordance withAll construction e manufacturer’s specifications.manufacturer’s specifications. All equipment shall be checked by a certified mechanic All equipment sh and determine to be running in proper condition prior to operation.and determine to be running in prope h.h.A publicly visible sign with the telephone number and persons to contact at the A publicly visible sign w Applicant regarding dust complaints shall be posted. This person shall respond and Applicant regardin take corrective action within 48 hours. The Air District’s phone number shall also be take corrective act visiblevisible to ensure compliance with applicable regulations.to ensure compliance with applicable regulatio Enforcement Responsibility: Community Development DepartmentEnforcement Responsibility: C, Building , Building Division, Code EnforcementDivision, Code Enforcement
Timing:Timing: Implemented prior to commencement and upon issuance of any Implemented prior to com construction, grading, demolition, and/or building permits.construction, grading, demolition, and/o
26.26.A written sewer clearance from Sonoma County PRMD shall be provided to the City A written sewer clea Engineer and Building Division verifying that all applicable sewer fees have been paid. Engineer and Buil Agenda Item #8.2:
Note: Substantial fees may apply for new sewer connections and/or the use of additional Note: Substanti ESDs from an existing sewer connection. The applicant is encouraged to check with the ESDs from an ex Sonoma County PRMD and Sonoma County Water Agency immediately to determine Sonoma County P whetherwhether such fees apply.such fees apply.
Enforcement Responsibility: City Engineer; Building DivisionEnforcement Responsibility: City Eng Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a
27.27.Provide letters from the following agencies indicating review and approval of project Provide letters from t improvements:improvements:
Sonoma County Water Agency [For sewer connections and modifications and Sonoma County W interceptor requirements, and for grading, drainage, and erosion control plans] interceptor require Enforcement Responsibility:Enforcement Responsibility: Building Building DivisionDivision Timing:Timing: Prior to issuance of a Grading and Site Improvement PermitPrior to issuance of a Grading Sonoma Valley Unified School District [For school impact fees] Sonoma Valley Unified School Dis Enforcement Responsibility:Enforcement Responsibility: Building Building DivisionDivision Timing:Timing: Prior to issuance of a Building PermitPrior to issuance of a Building Permit Sonoma County Department of Environmental Health [For abandonment of wellsSonoma County if applicableif applicable ] ]
Enforcement Responsibility:Enforcement Responsibility: Building Building DivisionDivision Timing:Timing: Prior to issuance of a Building PermitPrior to issuance of a Building Permit Public WorksPublic Works /Engineering/Engineering
28.28.Provide a current (within the last 6 months) Provide a current (within the last 6 months) Preliminary Title Report Preliminary Title Report (including the grant (including the gra deed and title items) and show all existing easements and other relevant title items on deed and title item the Site Plan and other plans as appropriate. It is the applicant’s responsibility to comply the Site Plan an with the provisions of the easements and/or to acquirewith the provisions of the easements and/or to acqapproval from the grantees of the approval from th easements if any proposed improvements encroach within the boundaries of said easements if any propo easements.easements.
Enforcement Responsibility: City Engineer Enforcement Responsibility: City Engineer Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
29.29.The following easements The following easements and agreements and agreements are required by the City and other affected are required by the agencies following approval of the application: agencies following approval of the application:
a.a.All required sidewalk, street, storm drainage, water, sewer, access and public utility All required sidewa easements shall be dedicated to the City of Sonoma or to other affected agencies of easements shall b jurisdiction, as required and shown on the project plans.jurisdiction, as required and shown on the proj b.b.All required easements (onsite and offAll required easements (onsite and off -site) - necessary for this project shall have been site) necessary for th vacated, obtained, extinguished, or otherwise offered and accepted, settled, recorded vacated, obtaine and finalized and finalized as appropriateas appropriate ..All finalized documents (legal descriptions and plats) All finalized docume shall be presented to the City for review prior to recordation.shall be presented to the City for review pr Agenda Item #8.2:
c.c.The following specific easements and maintenance agreements, as applicable, are The following spec required:required:
•• Common driveway private access and emergency vehicle access easement Common driveway p (EVA), utility easement and drainage easements for 227 (EVA), utility easement and drainage eaBrazil St Brazil St and 228 and 228 Brazil Brazil St St from the onfrom the on -site driveway “Y” and continuing to each - site driveway “Y” and continuing to each parcelparcel .. •• Common driveway private access and emergency vehicle Common driveway private access and access access easment easement (EVA), utility easement and drainage easements for the four included parcels (EVA), utility easem (149 4th St East, 9(149 4th St East, 9 55Brazil St, Brazil St, 227 Brazil St and 228 Brazil St227 Brazil St and 228 Brazil St ) from the ) from the connectionconnection at 4th St/Brazil St to the at 4th St/Brazil St to the property line at “Lot 1” as shown on property line at “Lot 1” as the the ParcelParcel Map, Being a Lot Line Adjustment, recorded in Book 784 of Maps, at Map, Being a Lot Lin Pages 36Pages 36 -40. - 40.
•• Municipal Municipal Water W Sater System ystem AAccess ccess EEasement from Brazil Street to the Municipal asement from Braz Water System Easement on Water System Easement on 228 Brazil St. 228 Brazil St. (identified as Lot 3, Bk 784 Maps, (identified as Lot 3, PagePage 42).42).
•• Stormwater Operations & Maintenance Plan agreement for three Stormwater Operations & Maint parcels: 149 4th St East, parcels: 149 4th St East, 227 Brazil St and 228 Brazil St227 Brazil St and 228 Brazil St .. •• Provide vegetation maintenance agreements and responsibilities for anyProvide vegetation maint vegetation and slope restoration related to the development within the fourvegetation and slope re included parcels (149 4th St East, 95 Brazil St, included parcels (149 4th St East, 95 Brazil St, 227 Brazil St and 228 227 Brazil St and 228 Brazil Brazil St).St).
Enforcement Responsibility: City Engineer, Public Works DepartmentEnforcement Responsibility: ,, CommunityCommunity Development Department Development Department Timing: Approval required prior to construction improvements and Timing: Approval required prior underground site improvements; Recordation required prior to issuance of underground site impro certificate of occupancy of the first unit/building.certificate of occupancy of the first unit/building.
30.30.Provide a Hydrology & Hydrologic Report for the proposed drainage improvements. Provide a Hydrology Include the following information as typically requested by Sonoma Water:Include the following informatio
HYDROLOGYHYDROLOGY
a. Hydrology Map, identifying area of each drainage or tributary to each structure a. Hydrology Map, ident (including offsite drainage tributary to the project).(including offsite drainage tributary to the project). b. Coefficients and measured or calculated parameters used in analysisb. Coefficients and measured or c. Hydrology calculations c. Hydrology calculations ––design flowdesign flow d. Hydrology calculations d. Hydrology calculations ––100100 -year flow - year flow
HYDRAULICSHYDRAULICS
e. Coefficients and measured or calculated parameters used in analysise. Coefficients and measured or f. Values and source(s) of starting HGLsf. Values and source(s) of starting HGLs g. Hydraulic calculations g. Hydraulic calculations ––conduit flowconduit flow h. Demonstrate that designh. Demonstrate that design -flow HGL is contained within the conduct system. - flow HGL is contained within i. Hydraulic calculations i. Hydraulic calculations ––Open channel flowsOpen channel flows j. Hydraulic calculations j. Hydraulic calculations ––Culvert flowCulvert flow k. Provide 100k. Provide 100 -year routing map - year routing map Agenda Item #8.2:
**Project Narrative indicates “Drainage improvements have been proposed along the west Project Narrativ side of 4th Street East to aid in reducing overland flood routing due to insufficient capacity side of 4th Stre in the existing prein the existing pre -project scenario.” Please provide these plans and calcul - project scenario.” Please providations for ations for drainage improvements.drainage improvements.
Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad
31.31.A Stormwater Control Plan (SCP) in conformance with the standards in Provision E.12 of A Stormwater C the City of Sonoma’s NPDES Permit for stormwater discharges shall be prepared by a the City of Sonom registered civil engineer and submitted to the City Engineer for review and approval. registered civil enginThe The plan shall be prepared in accordance with the guidance provided in the BASMAA Postplan shall be prepa-- Construction Manual. The required plan shall be approved Construction Manual. The required plan shall by the City Engineer by the City Engineer prior to prior to and as a condition precedent to the issuance of a building or grading permit. The and as a condition precSCP SCP must include an Operation and Maintenance Plan for the Best Management Practices must include an Op (BMPs) identified in the SCP. (BMPs) identified in the SCP.
Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad
32.32.An Erosion and Sediment Control Plan (“Control Plan”) shall be prepared by a registered An Erosion and civil engineer and submitted to the City Engineer for review and approval. The City’s civil engineer and su approval of the required plan shall be a condition precedent to the issuance of a approval of the required building building or grading permit. The Best Management Practices specified in the approved Control or grading permit. T Plan shall be implemented before and during any rainfall event. Grading shall only Plan shall be impleme commence when erosion and sediment control measures have been installed, commence when erosion implemented, and maintained on the site to the satisfaction of the public works director implemen ted, and maintain or his/her representative.or his/her representative.
Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad
33.33.A soil A soil and geotechnical investigation and report, prepared by a licensed geotechnical and geotechnical in engineer, may be required prior to the issuance of a grading permit, as determined by engineer, may be r the City Engineer. Recommendations identified in the report shall be incorporated into the City Engineer. thetheconstruction plans for the project and into the building permit.construction plans for the project and int Enforcement Responsibility: Public Works Department Enforcement Responsibility: Public Works Timing: Prior to Issuance of a grading permit or building permitTiming: Prior to Issuance of a grad
34.34.A Construction General Permit is required from the State Water Board if construction A Construction Gen activity results in a land disturbance of one acre or more. Construction activity subject to activity results in this permit includes clearing, grading and disturbances to the ground such as this permit includes clearingstockpiling, stockpiling, or excavation. The Construction General Permit requires the development of a Storm or excavation. The Water Pollution Prevention Plan (SWPPP) by a certified Qualified SWPPP. Water Pollution Prevention Pl Enforcement Responsibility: City Engineer Enforcement Responsibility: City Engineer Timing: Prior to issuance of any Grading and Site Improvement Permit or Timing: Prior to issuanc Building Permit.Building Permit.
Agenda Item #8.2:
35.35.The applicant shall submit a Water Conservation Plan to the City Engineer for review The applicant shall and approval. The Plan shall include conservation measures for indoor and outdoor and approval. The P water use and shall be consistent with the City's water conservation and landscape water use and shall b efficiency ordinances. effici ency ordinances.
Enforcement Responsibility: City Engineer Enforcement Responsibility: City Engineer Timing: Prior to issuance of any building permitTiming: Prior to issuance of any building permit
36.36.The Applicant shall submit all improvement plans for the review and approval of the City. The Applicant s Improvement plans shall include the following:Improvement plans shall include the following:
a.a.A sheet(s) printed with all conditions of approval written herein.A sheet(s) printed with all condition b.b.Include a signature approval line for the Geotechnical Engineer to indicate plan Include a signa conformance with the Geotechnical Investigation Report. conformance with the Geotechnical Inve c.c.Include signature approval lines for the City Engineer, Community Development Include signature Director, Police Chief, Fire Chief.Director, Police Chief, Fire Chief. d.d.A plan clearly indicating existing topographic survey, property lines and A plan clearly indicating e ownership.ownership.
e.e.A separate plan sheet clearly identifying all existing and proposed easements A separate plan sh associated directly or indirectly with the associated directly or indirectly with the 227 Brazil St and 228 Brazil St227 Brazil St and 228 Brazparcels. parcels.
This includes all required easements related to the proposed driveway and utility This includes all improvements. Include all actual easements identified on the Parcel Map (Lot improvements. Incl Line Adjustment). Identify all easements by separate hatches with a description Line Adjustment) of easement type, beneficiaries, etc. of ease ment type, beneficiaries, etc. f.f. A grading and drainage plan shall be prepared by a registered civil engineer and A grading and d submitted to the City Engineer and Sonoma Water for review and approval.submitted to the City E g.g.AAcomplete set of driveway improvements beginning at the corner of 4complete set of driveway th th StreetStreet / /
Brazil Street and proceeding onBrazil Street and proceeding on -site and including the “Y” where the driveway - site and includ access splits. This plan should include:access splits. This plan should include:
•• All improvements at the street connection including reconstruction of the All improveme drainage culvert under the driveway (including drainage culvert entrance and drainage culve exit headwalls), driveway widening and reconstruction of driveway apron exit headwalls (including removal of the existin(including removal of the existin g channel drain within the driveway), private g channel drain driveway drainage, street lighting improvements (as requested by Public driveway drain Works), utility connections, and any necessary access modifications to the Works), utility City’s facilities adjacent to the driveway.City’s facilities adjacent to the driveway. •• All utilities associated with any/all of the three proposed homes including All utilities ass proposed water booster pumps and how these will be powered.proposed water booster pump •• Any retaining walls, fencing, and any other associated improvementsAny retaining walls, fenci h.h.A complete set of driveway improvement plans beginning at the onA complete set of driveway im-site driveway - site driveway “Y” and proceeding to the site which are associated with improvements to the “Y” and proceeding 228228 Brazil St and 227Brazil St and 227 Brazil StBrazil St parcels including:parcels including:
Agenda Item #8.2:
•• All driveway improvements, widening, reconstruction, etc.All driveway improvements, widening •• All utilities associated with the proposed home, and any associated with the All utilities asso existing home of applicable.existing home of applicable. •• Grading, Drainage, and Erosion Control plans. Grading, Drainage, and Erosion Control plans. •• Retaining walls, fencing, and any other associated improvementsRetaining walls, fencing, and •• The required hammerhead at the end of the driveway, and any improvements The required h required to provide access to the two homes using the driveway.required to provide access to •• A driveway turnout for the City of Sonoma water tank access easement.A driveway turnout for i.i. Access to existing water facilities may be required for the property along with any Access to existi needed rightneeded right -of - -ofway and/or easement dedications to the City pursuant to SMC - way and/or easem
12.14.030. 12.14.030.
j.j. A plan sheet(s) with A plan sheet(s) with street profiles, typical street sectionsstreet profiles, typical street sections at various driveway at various driveway widthswidths and calculations for street design. and calculations for street design. Include pavement and base rock depth Include paveme Said plan shall incorporate the findings and recommendations from the approved Said plan shall Soils Report for the pavement design.Soils Report for the pavement design. k.k.A separate Site Utility plan and joint trench plan. Plan should include all utilities A separate Site U from public street to the “Y” in the driveway, and then all utilities in the driveway from public street serving the serving the 228228 Brazil St and 227Brazil St and 227 Brazil StBrazil St parcels.parcels. l.l. Provide landscape and irrigation plans, including slope restoration, compliant Provide landscape a with the City of Sonoma Landscape standards and the BASMAA Postwith the City of Sonoma Lan-- Construction Manual. The landscape plans must include and integrate with the Construction Man treatment facilities identified in treatment facilities identified in the project Stormwater Control Plan.the project Stormwater Contro m.m. Provide details (i.e., Slopes, Materials, Inlets and Grates, Spreaders, etc.) for all Provide details (i drainage features.drainage features.
Enforcement Responsibility: City Engineer; Community Development Department, Enforcement Public WorksPublic Works DepartmentDepartment
Timing: Prior to issuance of a Grading and Site Improvement PermitTiming: Prior to issuance of a Other RequirementsOther Requirements
37.37.The applicant shall submit public improvement plans for the review and approval of the The applicant sha City. The applicant shall enter into a Public Improvement Agreement (“PIA”) with City. The applicant sha required bonds and insurance, for public improvements in the rightrequired bonds and insurance, for pub-of - of -way. The - way. The applicaapplica nt shall install all public improvements with the Citynt shall install all public improvements with the -approved improvement plans - approved improv as determined by the City Engineer in accordance with the PIA.as determined by the City Engineer in acc Enforcement Responsibility: City EngineerEnforcement Responsibility: City Engineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
38.38.An encroachment permit is required from the City of Sonoma for any work on public An encroachment pe facilitiesfacilities within the public right of waywithin the public right of way and work on the public water systemand work on the public water s..
Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Agenda Item #8.2:
Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
39.39.All major grading, including all swales, etc., shall All major grading, including all swales, etc., shall occur outside the rainy season occur outside the rainy s (October 15 ( October 15 -April 15) - April 15) , unless otherwise approved by the City Engineer. , unless otherwise approved by th Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
40.40.Extension and/or upgrade of storm drain infrastructure along the frontage of the Extension and/or upgrad property and as may be required to link existing portions of the property and as may be required to link eCity’s storm drain C ity’s storm drain system. In every case where a storm drain main is to be extended, the storm drain shall system. In every extend the full frontage of the parcel parallel to the extension. extend the full frontage of the parcel paralCurrent storm drain Current storm drain system includes system includes existing headwallexisting headwall north of the drivewaynorth of the driveway ,,runningrunningderunder the driveway the driveway frontage and exiting on the downward slope of the drivewayfrontage and exiting on the downward slope to an open channel system.to an open chan Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
41.41.Entrance(s) toEntrance(s) to the property shall be designed, constructed, and maintained to be a the property shall be minimum of 20 feet wide for emergency vehicle access or as approved by the Fire minimum of 20 feet w Department and the City Engineer.Department and the City Engineer.
Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
42.42.Address numbers shall be posted Address numbers shall be posted ononthe public street, and on the individual structures the public street, in a manner visible from the driveway. in a manner visible from the driveway.
Enforcement Responsibility: Enforcement Responsibility: Public Works DepartmentPublic Works Department , Building Department, Fire , Building Depa DepartmentDepartment
Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit , and prior to Final Inspection, and prior to Final Insp
43.43.Public street lighting on the project frontage along Public street lighting on the project frontage along FourthFourth Street EasStreet Eas t t will include one will include one light fixture and pole like the pole on 4light fixture and pole like the pole on 4 ththStreet, unless PG&E authorizes putting a light Street, unless PG on their pole. on their pole.
Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
44.44.Street trees along the property frontages Street trees along the property frontages are subjectare subject to the review of the Planning to the review of the Pl Director and the Public Works Director. All street trees shall be consistent with the City’s Director and the Tree Planting Program, including the Master Tree List Tree Planting Program, including the Master Tree Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
45.45.All All newnewutility distribution facilities for the utility distribution facilities for the propertyproperty , including electric, , including electric, telecommunications, cable TV, etc., shall be installed underground. telecommunications, cable TV, etc., Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Agenda Item #8.2:
Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
46.46.The applicant shall be required to pay for all inspections prior to the acceptance of The applicant shall be public improvements, or within 30 days of receipt of invoice, at the City’s election. All public improvemen plan checking fees. any other fees charged by the City of Sonoma, Sonoma Water oplan checking fees. r r other affected agencies with reviewing authority over this project. shall be paid prior to other affected age Final Occupancy.Final Occupancy.
Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Timing: Prior to Final InspectionFinal Inspection
47.47.Any wells on the site shall be abandoned in accordance with permit requirements of the Any wells on the Sonoma County Department of Environmental Health; or otherwise equipped with a Sonoma County De backback -flow prevention device as approved by the City Engineer. Wells that will remain - flow prevention dev shallshall be plumbed to irrigation system only and not used for domestic potable water use.be plumbed to irr Enforcement Responsibility: City Enforcement Responsibility: City EngineerEngineer , Public Works Department , Public Works Department Timing: Prior to Issuance of a Building PermitTiming: Prior to Issuance of a Building Permit
48.48. A complete set of AsA complete set of As -Built or Record improvement plans showing all constructive - Built or Record improv changes from the original plans, shall be provided to the Public Works Department prior changes from th to final acceptance of the public improvements. Once accepted then record drawings, to final acceptanc on mon m ylar, shall be provided to the City Engineer and prior to final acceptance.ylar, shall be provided to th Enforcement Responsibility: City EngineerEnforcement Responsibility: City Engineer , Public Works Department , Public Works Department Timing: Prior to Issuance of Timing: Prior to Issuance of Final OccupancyFinal Occupancy GeneralGeneral Conditions:Conditions:
49.49. Indemnity, Fee Notice, and Time Limitations:Indemnity, Fee Notice, and Time Limitations:
a.a.The Applicant/developer, owner, and any successor in interest, severally and jointly, The Applicant/de shall defend, indemnify, and hold harmless the City and its agents, officers, shall defend, indemnify, an attorneys, and employees from any claim, action, or proceeding brought against the attorneys, and em City or its agents, officers, attorneys, or employees to attack, set aside, void, or City or i ts agents, officers, atto annul the annul the City CouncilCity Council ’s decisions memorialized herein, including any approval of ’s decisions memoria any portion of the Project, the environmental determination applicable to the Project any portion of the and/or the eand/or the e nvironmental review document(s) for the Project. This indemnification nvironmental review shall include damages or fees awardedshall include damages or fees awarded againstagainst thetheCity, ifCity, if any,any, costscosts ofofsuit, suit, attorney’sattorney’s fees,fees, andand otherother costscosts andand expenses incurredexpenses incurred ininconnectionconnection withwith suchsuch actionaction whetherwhether incurredincurred bybythetheApplicant/developer,Applicant/developer, thetheCity, and/or parties initiating City, and/or parties or bringing such action.or bringing such action.
b.b.The applicant/developer, owner, and any successor in interest, severally and jointly, The applicant/dev shall defend, indemnify, andshall defend, indemnify, and hold harmlesshold harmless thetheCity, itsCity, its agen, officers, employees, agents, officers, e andand attorneys for all costs incurred inattorneys for all costs incurred in additionaladditional investigationinvestigation ofofororstudystudy of,of, ororforfor supplementing,supplementing, preparing, redrafting,preparing, redrafting, revising,revising, ororamendingamending anyany documentdocument (included(included butbut notnot limitedlimited totoanyany environmental document or study), if made necessary by any environmental doc claim, action, or proceeding and if the applicant/developer or owner desires to claim, action, or procee Agenda Item #8.2:
pursue securing such approvals and/or clearances, after initiation of such claim, pursue securing such action, or proceeding, which are conditioned on the approval of such documents in a action, or procee form and under conditions approved by the Cityform and under conditions approved by the City Attorney.Attorney. c.c.In the event that a claim, action or proceeding described in subsection (a) or (b) In the event that a cla above is brought, the City shall promptly notify the Applicant/developer and owner of above is brought the existence of thethe existence of the claim, action,claim, action, ororproceeding, andproceeding, and thetheCityCity willwill cooperatecooperate fullyfully inin thethedfensedefense ofofsuchsuch claim, action, or proceeding. Nothing herein shall prohibit the claim, action, or proc City from participating in theCity from participating in the defense of anydefense of any claim,claim, action, or proceeding;action, or proceeding; the City the City shall retain the right to (i) approve the counsel to so defend the City, (ii) approve all shall retain the righ significant decisions concerning the manner in which the defense is conducted, and significant decisio (iii) approve any and all settlements, which approval shall not be(iii) approve any and all settlements, wunreasonable unreasonable withheld. The City shall also have the right not to participate in said defense, except withheld. The City that the City agrees tthat the City agrees t o cooperate with the Applicant in the defense of said claim, o cooperate with the A action, or proceeding. Ifaction, or proceeding. If the Citythe City chooseschooses totohavehave counselcounsel ofofits ownits ownotodefend anydefend any claim, action, or proceedingclaim, action, or proceeding where the Applicant/developer or ownerwhere the Applicant/developer or has already has already retained counsel toretained counsel to defenddefend thetheCityCity ininsuchsuch matters,matters, thethefees andfees and expenses ofexpenses of thethe counselcounsel selectedselected bybythetheCity shallCity shall bebepaidpaid bybythetheapplicant/developer and ownerapplicant/developer an.. d.d.The applicant/developer, owner, and any successor in interest, severally and jointly, The applicant/dev shall indemnifyshall indemnify thetheCityCity forfor allall thetheCity’sCity’s costs,costs, fees,fees, andand damagesdamages whichwhich theteCityCity incursincurs ininenforcing the above indemnification provisions.enforcing the above indemnification provisions e.e.If the applicant and/or owner is not a natural person, but is an entity, then the If the applicant and/or ow managing member,managing member, majoritymajority shareholder,shareholder, ororotherother principalprincipal ofofthetheentityentity shallshall bebe personallypersonally liableliable forfor the entity’s obligations under these indemnification provisions.the entity’s obligatio f.f. UnlessUnless aashortershorter limitationlimitation periodperiod applies,applies, thethetimetime withinwithin whichwhich judicialjudicial reviewreview ofof thisthis decision must be sought is governed by California Code of Civil Procedure, decision must be soug Section 1094.6.Section 1094.6.
g.g.TheThe conditionsconditions ofofprojectproject approvalapproval setset forthforth hereinherein includeinclude certaincertain fees,fees, ddication dedication requirements,requirements, reservation requirements, and other exactions, some of which may reservation requirem be subject to the Mitigation Fee Act (Government Code section 66000, et seq.). be subject to the Mitig Pursuant to Government Code section 66020, subdivision (d)(1), the conditions Pursuant to Governme constitute written notice of aconstitute written notice of a statementstatement ofofthetheamount of suchamount of such fees andfees and aadescription description of dedications,of dedications, reservations,reservations, and other exactions. You areand other exactions. You are hereby further notified hereby further notifie that the 90that the 90 -day approval period in which you may protest these fees, dedications, - day approval period reservations, reservations, and other exactions pursuant to Governmentand other exactions pursuant to GovernmenCodeCode sectionsection 66020,66020, subdivisionsubdivision (a),(a), hashas begun.begun. IfIfyouyou failfail totofilefileaaprotestprotest within this 90within this 90 -day period - day period complying with all of the requirements of Government Code sectioncomplying with all of the requireme66020, you will 66020, you will be legally barred from later challenging such exactions.be legally barred from later challenging such ex See attached conditions from the Sonoma Fire District and Permit Sonoma (Sanitation)See attached co Agenda Item #8.2:
SONOMASONOMA VALLEY V ALLEY FIRFIRE DISTRICTDISTRICT FireFire PreventionPrevention BureauBureau CoCnodnidtitioi nosnsofofAApprpor voavlal--VVHFHFHSHSZZ(L( RLARA)P) Pagaege
SONOMASONOMA VALLEY V ALLEY FIRFIRE DISTRICTDISTRICT
FFiirer ePPrer veevnentitioonnBuBurer aeuau
636030SSeceocnodndSSttrer etetWeWsetst || SSonoonmo am,a,CACA9594574676|| 70770-79- 969-62- 1201202
GGEENENERARLALCOCONDNIDITTIIOONSNSOOFFAPAPPROROVAVLAL
Very V eryHighHigh FireFire HazardHazard SeveritySeverity ZoneZone (VHFHSZ)(VHFHSZ) LoLcoaclalReRsepsopnosnisibibilliittyyAArer aea(L( RLARA))--FFiirer eSSafafeeSSttanadnadradr sdsanadndVeVgeegtetatatiiononMaMnaangaegme emnetnt SSecetcitioonn1:1:PPrroojjecetctIInnfof orrmamtaitioonn PPrroojjecetctNaNma eme//DeDsecsrcriipptitioonn:: BBrar zaizillSSttHiHilllsisidedeDeDveevlelopomp emnetnt PPrroojjecetctAdAddrreses:s: 1419494t4thhSSttEE//22828BBrar zaizillSStt //22727BBrar zaizillSStt PPllananniinnggFFiilleeNoNo..:: UAUA-2- 42-42- 2//UAUA-2- 42-43- 3//UAUA-2- 32-31- 616 BuBuiillddiinnggPPerermimittNoNo..:: TTBBDD
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PPririmamrayr yrer geuglulatatoroyr yauatuthohroirittyyfforortthehseesecocnodnidittiionosnsiincnlcluduedse:s:
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d.d. 1414CCRCRSSecetctiionon1219299etetsesqe.q.(B( Boaoradr dofofFForoer setstryr yDeDfefenesnisiblbleeSSpapcaeceSSttanadnadradr sds--LRLARA
VVHFHFHSHSZZ))
e.e. SSonoonmo amaCoCuonutntyyCoCdoed,e,ChCahpatpterer131A3A(F( Fiirer eSSafafeeSSttanadnadradr sds--LRLARA)) ff.. 20220525CaClaliifforonr iniaaBBuiuilldidingngCoCdoed,e,ChCahpatpterer7A7A(M( aMtatereirialalssanadndCoCnosntstrur cutctiiononMeMtethohdosdsfforor EExtxtereiriororWWiilldfdfiirer eEExpxopsousruer e--cocmo memrecricialalanadndmumlulttii-f-fama imillyyococucpuapnacniciese)s) g.g. 20220525CaClaliifforonr iniaaWWiilldldlanadn-dU- rUbr abnanIIntnterefrfacaeceCoCdoede(T( iTittllee242,4,PParatrt2.2.5)5)(I(Ignginittiiono-nR- eRseisiststanatnt CoCnosntstrur cutctiionon--onoen-e-anadndttwow-of-fama imillyydwd ewlelliingnsgsanadndttowo nwhnohuosuesse)s) 636030SSeceocnodndSSttrer etetWeWsetst,,SSonoonmo am,a,CACA9594574676|| 70770-79- 969-62- 120120s2vsfvfd.d.orogr g Agenda Item #8.2:
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2.2.5)5)anadndCBCBCC hCahpatpterer7A7Aapaplplyyttoonenwe wcocnosntstrur cutctiiononanadndsusbusbtstanatntiialaliimpmrpor voevme emnetntssononanaynypapracr eclel wiwitthihinnaadedseisigngantatededVVHFHFHSHSZZ,,whwehtethehreriinsnisidedeororouotutsisidedecicittyylliimimitts,s,asasaacocnodnidittiiononofofbubiuilldidingngpepremr imitt iissusaunacneceunudnedrerststatateebubiuilldidingngststanadnadradr sdsllawa.w.FFiirer eapapapraar tatususacacecsessanadndwawtaterersuspuplplyyststanadnadradr sds unudnedrerSSonoonmo amaCoCuonutntyyCoCdoedeChCahpatpterer131A3Aapaplplyytthrhor uoguhgohuotutttheheLRLARA,,iincnlcluduidingngwiwitthihinncicittyy bobuonudnadrairiese,s,whwehreer etthehellocoaclalffiirer eagaegnecnycyhahsasadaodpotptededororenefnforocr ecsestthohsoeseststanadnadradr sdsasasAAHJH.J.
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SSecetcitioonn3:3:GGenenereralalCoConnddiititioonnss
GGC-C1- .1. CoCompmplliiananceceReRqequuiirer ded.. TTheheapaplpliicacnatnt,,prpor poepretrtyyowo nwenre,r,anadndalallsuscucecsesosrosr siinniintntereer setstshsahlall cocmo pmlplyywiwitthhalallapaplpliicacbalbleeprpor voivisisionosnsofofttheheCaClaliifforonr iniaaFFiirer eCoCdoed,e,CaClaliifforonr iniaaBBuiuilldidingngCoCdoed,e,CaClaliifforonr iniaa GGovoevrenr mn emnetntCoCdoed,e,anadndSSonoonmo amaCoCuonutntyyCoCdoedeasastthehyeyrer lelatateettoodedveevlelopomp emnetntwiwitthihinnaaVVHFHFHSHSZZiinn ttheheLRLARA..TThehseesecocnodnidittiionosnsdodonontotsuspuepresr esdeedemomroer erer setstririctctiiveverer qeuqiuirer me emnetntssofofanaynyotothehrerrer geuglulatatoroyr y auatuthohroiritty.y.NONOTTEEAAFFULULLREREVVIIEEWW WIILLLBBEECOCOMPMPLELETTEEDDWWIITTHHBBUIUILDL IDINGNGPPEERMRIMITTREREVVIIEEW.W.
GGC-C2- .2. CoConnddiititioonnssRuRunnwwiitht htht heeLLanandd.. TThehseeseCoCnodnidittiionosnsofofAApprpor voavlalaraer ebibindnidingngononttheheprpor poepretrtyy anadndalallcucrurer netntanadndffututuruer eowo nwenresr.s.TrTar nasnfsfererofofowo nwenresr hsihippdodeosesnontotrer leliieveeveanaynypapratrtyyofoftthehe obolbliigagtatiionosnssestetfforotrthhhehreer iein.n.TTheheapaplpliicacnatntshsahlallprpor voividedewrwiritttenennontotiiceceofoftthehseesecocnodnidittiionosnsttooanayny susbusbesqeuqeunetntpuprucr hcahsaesrerororttrar nasnfsfereer eeprpiriororttooclclosoeseofofesecsrcor wo wororttrar nasnfsfere.r.
GGC-C3- .3. MoModdiifificactaitioonn.. AAnynyrer qeuqeusetstttoomomdoidiffy,y,wawiaivev,e,orordedfefereraacocnodnidittiiononshsahlallbebesusbumb imitttedediinn wrwirittiingngttoottheheSSVVFFDDFFiirer ePPrer veevnetntiiononBBuruer aeua.u.MoMdoidiffiicactatiionosnsrer qeuqiuirer ewrwiritttenenapaprpor voavlalffror mo mttheheFFiirer e MaMrasr hsahlalprpiriororttooiimpmlpleme emnetntatatiiono.n.VeVrebr ablalagarger eme emnetntssdodonontotcocnosntstiittututeemomdoidiffiicactatiiononofoftthehseese cocnodnidittiionosn.s.
GGC-C4- .4. IInnspspecetcitioonns.s. AAlllrer qeuqiuirer dediinsnpsepcetctiionosnsshsahlallbebescshcehdeudlulededwiwitthhttheheSSVVFFDDFFiirer ePPrer veevnetntiionon BBuruer aeuauatatwww.w.sosnoonmo amvaavlalleyefyfiirer .e.orogr g.. IInsnpsepcetctiionosnsrer qeuqiuirer dedunudnedrertthehseesecocnodnidittiionosnsaraer eiinnadadidittiionon ttooanaynybubiuilldidingngdedpeapratrtmemnetntiinsnpsepcetctiiononrer qeuqiuirer me emnetnts.s.FFiinanlalococucpuapnacnycyororapaprpor voavlalshsahlallnontotbebe grgar natntededunutntiillalallffiirer eprper veevnetntiiononcocnodnidittiionosnshahvaevebebenenvevreiriffiiededanadndsisigngendedofoffiinnwrwirittiingngbybyttheheFFiirer e MaMrasr hsahlalororauatuthohroirizezdeddedseisigngene.e.
GGC-C5- .5. CoConnflfliictcst .s. IInnttheheeveevnetntofofaacocnofnflliictctbebtetwewenentthehseesecocnodnidittiionosnsanadndanaynyotothehrerpepremr imitt,, apaprpor voavlal,,ororagarger eme emnetnt,,tthehemomroer erer setstririctctiiveverer qeuqiuirer me emnetntshsahlallapaplply.y.TTheheapaplpliicacnatntiissrer sepsopnosnisiblblee ffororiidednetntiiffyiyingnganadndrer seoslolvivingngcocnofnflliictctsswiwitthhttheheiissusiuingngauatuthohroirittyyprpiriororttoococmo memnecnicingngwowrokr.k. 636030SSeceocnodndSSttrer etetWeWsetst,,SSonoonmo am,a,CACA9594574676|| 70770-79- 969-62- 120120s2vsfvfd.d.orogr g Agenda Item #8.2:
SONOMASONOMA VALLEY V ALLEY FIRFIRE DISTRICTDISTRICT FireFire PreventionPrevention BureauBureau CoCnodnidtitioi nosnsofofAApprpor voavlal--VVHFHFHSHSZZ(L( RLARA)P) Pagaege SSecetcitioonn4:4:FFiirreeSSafaef eSStat nanddararddss(L( LRARA--VVHFHFHSHSZZ)) 4A.4A. FireFire ApparatusApparatus AccessAccess RoadsRoads FFSSS-1- .1. AcAcecsessRoRoadadSStat nanddaradr ds.s. AAlllffiirer eapapapraar tatususacacecsessror aodasdssesrevrivingngttheheprpor jojecetctshsahlallbebe dedseisigngende,d,cocnosntstrur cutctede,d,anadndmamiaintntaiainendediinncocmo pmlpliianacnecewiwitthhSSonoonmo amaCoCuonutntyyCoCdoedeChCahpatpterer131,3,anadnd ttheheSSonoonmo amaCoCuonutntyyFFiirer eSSafafeeSSttanadnadradr sd.s.
FFSSS-2- .2. TuTurnr naraor ouunnddssananddTuTurnr noouutst .s. AApprpor voevdedtturunr anraor uonudnsdsanadndtturunr onuotutsswiwilllbeberer qeuqiuirer dedasas nenedeeddedbabsaesdedononttheheFFSSS..SSonoonmo amaCoCuonutntyyCoCdoedeChCahpatpterer1313 FFSSS-3- .3. GGataet eananddAcAcecsessCoConntrtor ollDeDveivicecse.s. MaMnaunaulallyyororelel cetctriricaclallyyopoeprear tatededgagtatese,s,sesceucruirittyy babraririeresr,s,ororacacecsesscocnotntror loldedveivicecsesiinsntstalallededacarcor sossaaffiirer eapapapraar tatususacacecsessror aodasdsanadnddrdirivevwe awyasys mumsutstbebeprpor voivideddedwiwitthhaacocuonutntyyKKNONOXXkekye.y.OOrdr edreiringngiinfnforomr amtatiiononavaaviaillabalbleeatatsosnoonmo amvaavlalleyefyfiirer .e.orogr g.. 4B.4B. AddressAddress IdentificationIdentification
FFSSS-4- .4. AdAddrer sessPPoostsitinngg.. AApprpor voevdedadadrder sessnunmu bmebresr sshsahlallbebepopsotstededatattthehedrdirivevwe awyayenetntrar nacnece ffror mo mtthehepupbulbliiccror aodadanadn,d,whwehreer ettheheststrur cutcturuer eiissnontotvivisisiblbleeffror mo mttheheror aoda,d,atatttheheststrur cutcturuer eiittseslelff..
NuNmu bmebresr sshsahlallbebeaamimininimummu mofofiilllumu iminantatede,d, 44iincnhcehsesiinnhehieighgthtwiwitthhaamimininimummu mststror koekewiwidtdthhofof0.0.55 iincnhcehse,s,iinnaacoclol rorcocnotntrar satstiingngwiwitthhtthehebabcakcgkrgor uonudn,d,anadndvivisisiblbleeffror mo mbobtothhdidirer cetctiionosnsofofttrar vaevlel..FForor papracr eclelssacacecsesesdedbybyaaprpirivavtateeror aodadororshsahraer deddrdirivevwe awya,y,aamomnounmu emnetntsisigngnororpopsotst-m- omuonutntededsisigngnatat ttheheror aodadjjunucntctiiononshsahlalliidednetntiiffyyalallststrur cutcturuer sessesrevr evde.d.AAddrder sesspopsotstiingngshsahlallcocmo pmlplyywiwitthh20220525CFCFCC SSecetctiionon505505anadndSSonoonmo amaCoCuonutntyyCoCdoedeChCahpatpterer131A3A.. 4C.4C. Water W ater SupplySupply
FFSSS-5- .5. FFiirer eHyHdydrar nantst .s.ReRqeuqiuirer dedprpiriororttoococmo bmubsutstiiblbleecocnosntstrur cutctiiononiinncocmo pmlpliianacnecewiwitthhttheheSSonoonmo ama CoCuonutntyyFFiirer eSSafafeeSSttanaanradr sd.s...
SSecetcitioonn5:5:VeVgegeteat taitioonnMaMnanagageme emnenttananddDeDfeef nensisibblleeSSppacaece AAlllpapracr eclelsswiwitthihinnttheheLRLARAVVHFHFHSHSZZaraer esusbujbjecetctttooonognogioingngdedfefenesnisiblbleespsapcaeceanadndvevgeegtetatatiionon mamnaangaegme emnetntrer qeuqiuirer me emnetnts.s.TTheheffolollowo iwingngcocnodnidittiionosnsapaplplyyttoottheheprpor jojecetctatattthehettiimemeofofiininittiialal apaprpor voavlalanadndononaacocnotntiinuniuingngananunaulalbabsaisissasascocnodnidittiionosnsrur nuniningngwiwitthhtthehellanadn.d. 5A.5A. DefensibleDefensible SpaceSpace RequirementsRequirements VVM-M1- .1. ZZoonnee11--LLeaenan,,ClCleaenan,,ananddGGrer enen(0( 0tot o3030fef ete)t.). WWiitthihinnZZonoene1,1,exetxtenednidingng3030ffeetetffror mo malall ststrur cutcturuer ses(o( rorttoottheheprpor poepretrtyylliinen,e,whwihichcehveevreriisslleses)s,),ttheheowo nwenrershsahlallcrcer aetateeanadndmamiaintntaiainntthehe ffolollowo iwingn:g:rer me omvoevealalldedaedadplplanatntmamtatereirialal;;rer me omvoevealalldedberbiris,s,wowododpipillese,s,anadndcocmo bmubsutstiiblbleemamtatereirialals;s; spsapcaecesisingnlgle-es-tsteme mshsrhur busbsttooprpor voividedehohroirizoznotntalalsespeapraar tatiiononofofatatlleaesatstttwiwicecetthehehehieighgthtofofttheheshsrhur bub bebtetwewenenshsrhur bubgrgor uopuipingnsg;s;rer me omvoevebrbar nacnhcehsesofofttrer esesttooaahehieighgthtofofatatlleaesatst66ffeetetffror mo mtthehegrgor uonudn;d; anadndrer me omvoeveplplanatntssgrgor wo iwingngdidirer cetctllyyunudnedrerttrer esestthahtatwowuolulddalallowo wffiirer ettoolladadedrerffror mo mtthehegrgor uonudnd susrufrfacaecettootthehettrer eecacnaonpoyp.y.OOrnr anma emnetntalalplplanatntiingnsgsshsahlallcocmo pmlplyywiwitthhllowo -wf-fueulel-v- ovlolumu emeanadnd ffiirer -er-er seisiststanatntplplanatntseslel cetctiionongugiuidadnacnec.e.TThihissZZonoene11ststanadnadradr dapaplpliiesespuprusr usaunatntttoo1414CCRCRSSecetctiionon 121929.9.0303anadndGGovoevrenr mn emnetntCoCdoedeSSecetctiionon51518128.2. 636030SSeceocnodndSSttrer etetWeWsetst,,SSonoonmo am,a,CACA9594574676|| 70770-79- 969-62- 120120s2vsfvfd.d.orogr g Agenda Item #8.2:
SONOMASONOMA VALLEY V ALLEY FIRFIRE DISTRICTDISTRICT FireFire PreventionPrevention BureauBureau CoCnodnidtitioi nosnsofofAApprpor voavlal--VVHFHFHSHSZZ(L( RLARA)P) Pagaege VVM-M2- .2. ZZoonnee22--ReRdeduucecdedFFuuelelZZoonnee(3( 030tot o10100fef etetoorrppror opperetryt ylliinne)e.). WWiitthihinnZZonoene2,2,exetxtenednidingng ffror mo m3030ffeetetttoo10100ffeetetffror mo malallststrur cutcturuer ses(o( rorttoottheheprpor poepretrtyylliinen,e,whwihichcehveevreriisslleses)s,),ttheheowo nwenrer shsahlallcrcer aetateeanadndmamiaintntaiainnttheheffolollowo iwingn:g:spsapcaeceshsrhur busbssosotthahtattthehehohroirizoznotntalalsespeapraar tatiiononbebtetwewenen shsrhur bubgrgor uopuipingnsgsiissatatlleaesatstttwiwicecetthehehehieighgthtofofeaecahchshsrhur bu;b;rer me omvoevebrbar nacnhcehsesffror mo mttrer esesttooaahehieighgtht ofofatatlleaesatst66ffeetetffror mo mtthehegrgor uonudn;d;mamiaintntaiainnspsapcaicingngbebtetwewenenadajdjacaecnetntttrer eecacnaonpoipiesesofofatatlleaesatst1010 ffeetet;;anadndrer me omvoevededaedadwowodo,d,dedberbiris,s,anadndacacucmu umlulatatededcocmo bmubsutstiiblbleemamtatereirialal..TThihissZZonoene22ststanadnadradr d apaplpliiesespuprusr usaunatntttoo1414CCRCRSSecetctiionon121929.9.0404anadndGGovoevrenr mn emnetntCoCdoedeSSecetctiionon51518128.2.
NoNotet :e:FFororpapracr eclelssllocoactatededadajdjacaecnetntttooororwiwitthihinnaaSSttatateeReRsepsopnosnisibibilliittyyAArer aea(S( SRARA),),PPubulbliiccReRseosuorucr ecses CoCdoedeSSecetctiionon42492191mamyayiimpmopsoeseadadidittiionoanlalororcocnocnucrurer netntdedfefenesnisiblbleespsapcaeceobolbliigagtatiionosn.s.CoCnotntacatcttthehe SSVVFFDDFFiirer ePPrer veevnetntiiononBBuruer aeuauororCACALLFFIIRERESSonoonmo am-aL- aLkaek-eN- aNpaapaUnUinittffororaadedteteremr iminantatiiono.n.
VVM-M3- .3. EEmbmbere-rR- eRseisistsat nanttZZoonne.e. WWiitthihinntthehe5-5f-foototnonno-nc- ocmo bmubsutstiiblbleezoznoeneiimmemdeidiatatelelyyadajdjacaecnetntttooalall ststrur cutcturuer se,s,ttheheffolollowo iwingngshsahlallbebemamiaintntaiainendedatatalallttiimemse:s:rer me omvoavlalofofalallcocmo bmubsutstiiblbleeplplanatntmamtatereirialal,, mumlulchc,h,babrakr,k,anadnddedberbiris;s;usueseofofnonno-nc- ocmo bmubsutstiiblbleegrgor uonudndcocvoevrerororhahradr sdcsacpaep;e;rer me omvoavlalofof cocmo bmubsutstiiblbleeiitteme smsiincnlcluduidingngffurunr initturuer ,e,wowododpipillese,s,anadndststoroer dedmamtatereirialals.s.TThihissrer qeuqiuirer me emnetntiiss cocnosnisiststenetntwiwitthh20220525CFCFCC hCahpatpterer4949anadndiissststror nognlglyyenecnocuoruar gaegdedffororalallLRLARAVVHFHFHSHSZZpapracr eclelss rer geagradr ldlesessofofwhwehtethehrerCBCBCC hCahpatpterer7A7Aapaplpliiese.s.
VVM-M4- .4. FFiirer ePPror otet cetcitioonnPPllanan.. AAttttiimemeofofbubiuilldidingngpepremr imittsusbumb imitttalalaaffiirer eprpor totecetctiiononplplananwiwilllbebe rer qeuqiuirer de.d.SSeeesosnoonmo amvaavlalleyefyfiirer .e.orogr gfforordedtetaiaills.s. 5B.5B. Tree T reeandand Vegetation V egetation RemovalRemoval VVM-M5- .5. TrTer eeReRme omovavlalfof orrDeDfeef nensisibblleeSSppacaec.e. ReRme omvoavlalofofttrer esesanadndvevgeegtetatatiiononfforortthehepuprupr opsoeseofof crcer aetatiingngorormamiaintntaiaininingngrer qeuqiuirer deddedfefenesnisiblbleespsapcaeceiissauatuthohroirizezdedunudnedrerGGovoevrenr mn emnetntCoCdoedeSSecetctiionon 515181282anadndshsahlallnontotrer qeuqiuirer esespeapraar tateeapaprpor voavlalffror mo mttheheFFiirer ePPrer veevnetntiiononBBuruer aeuauwhwehnenttheherer me omvoavlaliiss cocnosnisiststenetntwiwitthhttheheststanadnadradr sdsofof1414CCRCRSSecetctiionon1219299etetsesqe.q.TTheheapaplpliicacnatntanadndowo nwenreraraer e rer sepsopnosnisiblbleeffororcocnofnfiirmr imingngtthahtatttrer eerer me omvoavlalcocmo pmlpliieseswiwitthhapaplpliicacbalbleeCiCittyyofofSSonoonmo amattrer eerer me omvoavlal orodr idinannacnecsesanadndanaynycocnodnidittiionosnsofofaadidiscsrcer tetiionoanrayr yllanadndusueseapaprpor voavlalapaplpliicacbalbleettoottheheprpor poepretrty.y. 5C.5C. AnnualAnnual MaintenanceMaintenance andand IspectionInspection VVM-M6- .6. AnAnnuualalDeDfeef nensisibblleeSSppacaeceCoCompmplliianancec.e. TTheheprpor poepretrtyyowo nwenrershsahlallmamiaintntaiainnrer qeuqiuirer ded dedfefenesnisiblbleespsapcaeceiinncocmo pmlpliianacnecewiwitthh1414CCRCRSSecetctiionon121929,9,GGovoevrenr mn emnetntCoCdoedeSSecetctiionon51518128,2,anadnd tthehseesecocnodnidittiionosnsononaayeyaera-rr-or uonudndbabsaisis.s.TTheheSSVVFFDDFFiirer ePPrer veevnetntiiononBBuruer aeuaucocnodnudcutctssananananunaulal dedfefenesnisiblbleespsapcaeceiinsnpsepcetctiiononprpor gorgar ma mpuprusr usaunatntttooGGovoevrenr mn emnetntCoCdoedeSSecetctiionon51518168.6.IInsnpsepcetctiionosns mamyayococucruratatanaynyttiimemedudruiringngttheheffiirer esesaesaosnonororatattthehedidiscsrcer tetiiononofofttheheFFiirer eMaMrasr hsahlal..FFaiailluruer ettoo mamiaintntaiainncocmo pmlpliianacneceiissaacocnotntiinuniuingngviviololatatiiononsusbujbjecetctttoorer -ei-insnpsepcetctiiononanadndadamd imininiststrar tatiiveve enefnforocr ecme emnetnt..
VVM-M7- .7. CoCompmplliiananceceDeDaedadlliinnee--IInniititialalClCleaeraar nancec.e. IIninittiialaldedfefenesnisiblbleespsapcaececlcleaeraar nacnececocnosnisiststenetnt wiwitthhZZonoene11anadndZZonoene22rer qeuqiuirer me emnetntssshsahlallbebecocmo pmlpletetededprpiriororttooffiinanlalbubiuilldidingngiinsnpsepcetctiiononoror iissusaunacneceofofaacecretrtiiffiicactateeofofococucpuapnacnyc,y,whwihichcehveevrerococucrusr sffiirsrtst..FFiinanlalapaprpor voavlalshsahlallnontotbebegrgar natnteded unutntiillttheheiinsnpsepcetctiiononcocnofnfiirmr smscocmo pmlpliianacnec.e.
VVM-M8- .8. WeWededAbAbataet me emnent.t. TTheheprpor poepretrtyyshsahlallbebemamiaintntaiainendedffrer eeofofdrdyr,y,dedaeda,d,ororovoevregr rgor wo nwn vevgeegtetatatiionontthahtatcocnosntstiittututesesaaffiirer ehahzaazradr dasasdedfefiinendediinn20220525CFCFCCSSecetctiionon313515anadndapaplpliicacbalblee SSonoonmo amaCoCuonutntyyCoCdoedeprpor voivisisionosn.s.TThihissiincnlcluduedsesalallaraer aesasofoftthehepapracr eclelnontotsusbujbjecetctttootthehededfefenesnisiblblee spsapcaecezoznoense,s,iincnlcluduidingngror aodadffror notntagaegse,s,ffenecnecelliinense,s,anadnddidiststurubr ebdedaraer aesa.s. 636030SSeceocnodndSSttrer etetWeWsetst,,SSonoonmo am,a,CACA9594574676|| 70770-79- 969-62- 120120s2vsfvfd.d.orogr g Agenda Item #8.2: