1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, May 13, 2026
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 23-25, 2026 Anaheim Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.
Taking place on Friday, Sept. 25, 2026 the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.
Following council action, please submit your city’s delegates through the online submission portal by Tuesday, Sept. 1, 2026. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.
Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration opens June 2.
For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and Council Action Advised by September 1, 2026
Agenda Item #7.4:
alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the Anaheim Convention Center, will be open at the following times: Wednesday, Sept. 23, 8:00 a.m.-6:00 p.m. and Thursday, Sept. 24, 7:30 a.m.-4:00 p.m. On Friday, Sept. 25, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for submitting your voting delegate and alternates by Tuesday, Sept. 1. If you have questions, please contact Zach Seals at [email protected].
Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly Agenda Item #7.4:
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
Agenda Item #7.4:
Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.
The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.
Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.
Recommendations are forwarded
to the Resolutions Committee.
Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.
Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.
Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.
Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.
For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.
General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
Agenda Item #7.4:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Fifth Amendment to the Professional Services Agreement with 4LEAF, Inc., to Extend Services for as needed Plan Check and Inspector Services.
Summary
On December 20, 2023, the City Council approved a Resolution authorizing the City Manager to execute a Professional Services Agreement with 4LEAF, Inc. to provide as needed building official, building permit plan check and inspection services in the amount not to exceed $100,000 through June 30, 2024. The contract has been amended annually, with the most recent being in June 2025, to extend the services through June 30, 2026, with an additional budget of $100,000, for a total not to exceed budget of $375,000. In June 2026, City Council approved the fourth amendment to the contract to extend the contract for one year, through June 30, 2027, with an additional budget of $100,000, but only for building official services required under state law.
Staff is returning now to Council to include plan check and inspection services within the scope of work for this contract. No additional terms or budget is being requested at this time. The delay in adding the plan check and inspection services was due to AB 339, which requires public employers to provide an employee organization (union) with at least 45 days’ written notice before issuing an RFP or RFQ, or before renewing or extending an existing service contract if the work is within the scope of a job classification(s) represented by the union. On June 3, staff provided the 45-day notice for the extension of the existing service contract with 4Leaf for plan check services, as plan check services are within the scope of represented job classifications. The 45-day notice period closed mid-July.
This contract amendment will not change the cost of building permits for residents. Building plan check and inspection services are primarily covered by building permit fees. Any difference between City fees and consultant costs are covered by salary savings.
Recommended Council Action
Approve City Council Resolution authorizing the City Manager, in consultation with the City Attorney, to execute a Fifth Amendment to Professional Services Agreement with 4LEAF, Inc. to provide plan check and inspector services.
Alternative Actions
Council discretion.
Financial Impact
Agenda Item #7.5:
The Agreement costs will be provided by permit fees and salary savings.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution 4LEAF PSA 5th Amendment
4LEAF PSA 5th Amendment
Agenda Item #7.5:
CITY OF SONOMA
CITY COUNCIL
RESOLUTION # _______ - 2026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING
THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH 4LEAF, INC. TO PROVIDE AS NEEDED PLAN CHECK AND INSPECTOR SERVICES.
WHEREAS, the City of Sonoma (“the City”) requires a qualified Building Official to serve as the City’s Interim Building Official while an active recruitment is occurring; and WHEREAS, the City circulated a Request for Proposals and Qualifications for Interim Building Official and On-call Building Division Consulting Services from September 25, 2023 to October 20, 2023 and received six responses for the Interim Building Official position; and WHEREAS, the City Council approved a Professional Services Agreement with 4LEAF on December 20, 2023 in the amount not to exceed $100,000 through June 30, 2024; and WHEREAS, the City Council approved an amendment to the Professional Services Agreement with 4LEAF on March 20, 2024 in the amount not to exceed $175,000 through June 30, 2024; and
WHEREAS, the City Council approved an amendment to the Professional Services Agreement with 4LEAF on June 19, 2024 in the amount not to exceed $275,000 through June 30, 2025; and
WHEREAS, the City Council approved an amendment to the Professional Services Agreement with 4LEAF on June 4, 2025 in the amount not to exceed $375,000 through June 30, 2026; and
WHEREAS, the City Council approved an amendment to the Professional Services Agreement with 4LEAF on June 17, 2026 in the amount not to exceed $475,000 through June 30, 2027; and
WHEREAS, the City desires to continue the services provided by 4LEAF, therefore requiring a fifth amendment to the scope of the Professional Services Agreement.
Agenda Item #7.5:
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a fifth amendment to the Professional Services Agreement with 4LEAF, Inc. to provide plan check and inspector services.
RESOLVED AND ADOPTED this ___________________, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Ron Wellander, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.5:
4Leaf 5
th Amendment Page 1
CITY OF SONOMA
FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
CITY OF SONOMA & 4LEAF, INC.
THIS FIFTH AMENDMENT TO THE AGREEMENT is entered into as of _______________, 2026, by and between the CITY OF SONOMA herein called the “City,” and 4LEAF, INC, herein called the “Consultant” and together referred to as “Parties.”
Recitals
WHEREAS, the Parties entered into an Agreement for Building Services dated January 3, 2024 for a not-to-exceed Agreement amount of $100,000 (“Agreement”); and WHEREAS, the Parties amended the Agreement on March 20, 2024 to increase the not-to-exceed Agreement amount to $175,000; and
WHEREAS, the Parties amended the Agreement a second time on June 19, 2024 to increase the not-to-exceed Agreement amount to $275,000 and to provide services through June 30, 2025; and
WHEREAS, the Parties amended the Agreement a third time on June 4, 2025 to increase the not-to-exceed Agreement amount to $375,000 and to extend the term of the Agreement for services through June 30, 2026; and
WHEREAS, the Parties amended the Agreement a fourth time on July 17, 2026 to continue the building official services, to provide an additional $100,000 based on Consultant’s updated fee schedule for a not-to-exceed amount of $475,000, and to extend the term of the Agreement for services through June 30, 2027; and WHEREAS, the Parties now desire to amend the Agreement to amend the scope of services to add plan check and inspector services.
Agreement
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the City and Consultant agree to amend “Exhibit A,” which is attached hereto and incorporated herein by reference.
Except as modified herein, all other provisions of the Agreement and prior amendments shall remain unchanged and in full force and effect.
Agenda Item #7.5:
4Leaf 5
th Amendment Page 2
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Sonoma
By:
______________________________
Cristine Alilovich, Interim City Manager
Date: _______________
Attest:
By:
______________________________
Rebekah Barr, City Clerk
Date: _______________
Approved as to form:
By:
______________________________
David J. Ruderman, City Attorney
Date: __________
“Consultant”
4Leaf, Inc.
By:______________________________
Kevin Duggan, President
Date: __________________
By:______________________________
Gene Barry, Treasurer
Date: __________________
Agenda Item #7.5:
EXHIBIT A
SCOPE OF SERVICES
Consultant key tasks:
1. Provide Interim Building Official approximately 2-3 days per week. Building Official will also conduct plan review and inspections as-needed as part of his/her Building Official duties.
2. Provide On-Call personnel (Upon Request) to the Community Development Department including construction inspectors, building inspectors, permit technicians, on-site plans examiners/engineers, civil engineers, code enforcement personnel, Planners, and other positions as listed in Exhibit B on an as-needed basis.
3. Provide Building, Fire, and/or Civil Plan Review as-needed.
Services
1. Provide Interim Building Official Services
• 4LEAF will provide a qualified and certified (through ICC) Building Official to work on-site at the City offices.
• 4LEAF will work with the City to identify a schedule to be mutually agreed upon to best serve the community and preserve budget.
2. Provide On-Call Public Works & Building Department Support Staff (As-needed) • 4LEAF will provide Public Works and/or Building Department support staff to include construction inspectors, building inspectors, permit technicians, on-site plans examiners/engineers, code enforcement personnel, etc. on an on-call basis for the City of Sonoma.
• 4LEAF will provide interim staff within one business day and full-time staff within two business days. 4LEAF will provide staff from their database of qualified personnel. For requests made with less than 24 hours notice, 4LEAF will make every effort possible to secure suitable candidates.
• These positions vary from full-time staff, idle staff (temporarily in-between assignments), and pre-qualified staff which include personnel who are available subject to client demand.
3. Plan Review Services
• The Consultant shall review all plans and supporting documents submitted for projects for which a Building Permit is requested. If, after the initial review the documents are found to be in substantial compliance with the State Building Codes and local ordinances, the plans and documents shall be stamped as reviewed and acceptable for construction. If corrections are found to be needed a report shall be prepared by the Consultant specifying the needed corrections and transmitted to the applicant. When plans and supporting documents are deemed acceptable for permit issuance, the applicant shall deliver the Building Permit application and all supporting documents to the Consultant (or City Hall) for permit processing.
Agenda Item #7.5:
EXHIBIT A
SCOPE OF SERVICES
• City shall collect direct from the applicant costs for plan review at time of submittal of plans and documents. Building permit fees shall be paid prior to issuance of the Building Permit. City shall mark/stamp permits PAID upon receipt of funds by applicant.
• Plan Reviews will be subject to the following turn-around times (Turn-Around Times may vary with the complexity and magnitude of the projects):
Residential……………………………….Up to 10 Days
Multi-Family……………………………...Up to 10 Days
Commercial……………………………...Up to 10 Days
Industrial………………………………….Up to 10 Days
Off-site Plan Review is generally performed at the Consultant’s corporate headquarters in Pleasanton, CA and an employed courier is available at all times for pick-up and delivery for plan review services. If for any reason site technical support is required, Consultant is capable of complying on an as-needed basis for all aspects of this support. All plan review requests can be made by emailing [email protected].
The City will also be provided log-in’s to our proprietary software EZ Plan Review where plans can be uploaded directly into our portal from the City staff. • All on-call requests should be made directly to 4LEAF management. 4LEAF’s recruiting manager, will handle the placement of all 4LEAF staff. 4LEAF’s designated managers are :
Craig Tole, Project Manager Mike Leontiades, Project Manager 2126 Rheem Drive 2126 Rheem Drive
Pleasanton, CA 94588 Pleasanton, CA 94588
(925) 462-5959 – Office (925) 462-5959 – Office
(925) 462-5958 – Fax (925) 462-5958 – Fax
(925) 580-4055 – Cell (925) 681-8842 – Cell
[email protected] [email protected]
Agenda Item #7.5:
Fee Schedule July 1, 2026
FEE SCHEDULE
FY2026-2027 FEE SCHEDULE & BASIS OF CHARGES
FOR THE CITY OF SONOMA
All Rates are Subject to Basis of Charges
PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 70%
(Inclusive of all disciplines except Fire and Civil which are billed on an hourly basis)
Hourly Plan Review: $148 Non-Structural Review
$168 Structural Review
Fee includes:
Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
Shipping, courier, and electronic service.
Building
Chief Building Official ......................................................................................................................... $163/hour Structural Plan Review Engineer ........................................................................................................ $168/hour Non-Structural Plans Examiner .......................................................................................................... $148/hour Certified Access Specialist (CASp) Inspector ...................................................................................... $174/hour Certified Access Specialist (CASp) Plans Examiner............................................................................. $174/hour Senior Combination Building Inspector (Building Inspector III) ......................................................... $127/hour Commercial Building Inspector (Building Inspector II) ...................................................................... $112/hour Residential Building Inspector (Building Inspector I).......................................................................... $101/hour Permit Manager.................................................................................................................................. $101/hour Senior Permit Technician.................................................................................................................... $86/hour Permit Technician............................................................................................................................... $76/hour Clerk/Administrator............................................................................................................................ $65/hour Civil Plan Review (Grading, Improvement Plans) ............................................................................... $184/hour Inspector of Record ............................................................................................................................ $143/hour DSA Class 1 / OSHPD A Inspector ....................................................................................................... $184/hour DSA Class 2 / OSHPD B Inspector ....................................................................................................... $153/hour DSA Class 3 / OSHPD C Inspector........................................................................................................ $110/hour GoFormz Software.................................................................................................................. $50/user monthly Code Enforcement
Code Enforcement Director.............................................................................................................. $153/hour Code Enforcement Manager ............................................................................................................ $143/hour Senior Code Enforcement Officer..................................................................................................... $112/hour Code Enforcement Officer II............................................................................................................. $101/hour Code Enforcement Officer I.............................................................................................................. $91/hour Agenda Item #7.5:
Fee Schedule July 1, 2026
Fire
Fire Protection Engineer (FPE)............................................................................................................$215/hour Fire Prevention Officer ......................................................................................................................$148/hour Fire Plans Examiner ............................................................................................................................$153/hour Fire Inspector II...................................................................................................................................$179/hour Fire Inspector I....................................................................................................................................$168/hour Planning
Housing Policy Director ....................................................................................................................$215/hour Planning Director..............................................................................................................................$189/hour Principal/Planning Manager.............................................................................................................$174/hour Senior Planner ..................................................................................................................................$148/hour Associate Planner.............................................................................................................................$132/hour Assistant Planner .............................................................................................................................$112/hour Planning Technician..........................................................................................................................$96/hour Project Management
Project Manager.................................................................................................................................$189/hour Principal-in-Charge .............................................................................................................................$256/hour Engineering, Public Works Inspection, & Construction Management (Prevailing Wage) Civil Plan Review (Grading, Improvement Plans) ................................................................................ $184/hour Traffic Engineer.................................................................................................................................... $241/hour Construction Manager…………………………………………………………………………………………….……………….……. $170/hour Certified Access Specialist (CASp) Inspector (Regular time) …………………………………………………….…….. $174/hour Certified Access Specialist (CASp) Inspector (Nighttime) ……………………………………………………….…….… $195/hour Certified Access Specialist (CASp) Inspector (Overtime)…………………………………………………………….…… $233/hour Certified Access Specialist (CASp) Plans Examiner…………………………………………………………….……..…….. $174/hour Public Works Inspector (Regular Time) ……………………………………………………………………………………..…… $161/hour Public Works Inspector (Nighttime)…………………………………………………………………………………………..…….$181/hour Public Works Inspector (Overtime) …………………………………………………………………….……………..………..…$217/hour Public Works Inspector Apprentice………………………………………………………………………………...……………… $106/hour
BASIS OF CHARGES
• Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables, basic PPE (project specific PPE and technology equipment will be charged at cost plus 20%). • All invoices will be submitted monthly.
• All invoices will be charged a 3% administrative fee. • Approved expenses such as flights/ferry/hotels/etc. as well as subconsultants will be charged at cost plus 20%
• Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
Agenda Item #7.5:
Fee Schedule July 1, 2026
• Inspection services canceled less than 24 hours of requested time of service will be subject to a two (2) hour minimum charge. Same day services (after midnight) 1.5x service premium. • Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the Jurisdiction. • Most plan reviews will be reviewed in 10 business days or less and 5 business days or less for re-checks.
This is not inclusive of holidays or the day of the pick-up of plans. • Plan review of deferred submittals & revisions will be billed at the hourly rates listed. • All plan review services are billed on a percentage basis and includes the initial review and 2 rechecks. • Plan reviews will be billed on an hourly basis only after the initial review and 2 rechecks unless otherwise agreed upon on a case-by-case basis.
• Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage. • 4LEAF assumes that these rates reflect the FY2026-2027 contract period. There will be a 5% escalation for FY2027-2028, FY2028-2029, etc.
• Overtime and Premium time will be charged as follows:
- Regular time (work begun after 5AM or before 4PM) 1 x hourly rate - Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate - Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate - Overtime (over 8 hours Sat or 1st 8-hour Sun) 2 x hourly rate - Overtime (over 8 hours Sun or Holidays) 3 x hourly rate • Overtime will only be billed with prior authorization of the client unless required by governing documents.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. • Mileage driven during the course of project work or assignment will be charged at cost plus 20%. • Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge. • Client shall pay attorneys’ fees, or other costs incurred in collecting delinquent amounts. • Client agrees that 4LEAF’s liability will be limited to the value ofservices provided. • In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular rate for each missed meal or rest break due to Clientdirected tasks or requirements. Client will allow 4LEAF staff the opportunity to take their entitled rest and meal breaks during each work shift as required by law.
BASIS OF CHARGES – PREVAILING WAGE • Rates shown assume projects do not require compliance with California Prevailing Wage requirements unless proposed as prevailing wage. The Client must notify 4LEAF in writing if it has or will be registering a project with the California Department of Industrial Relations (“DIR”) and shall provide 4LEAF with a copy of the Form PWC-100.
• Rates for prevailing wage categories are subject to annual escalations in accordance with the bi-annual wage determinations from the California DIR at cost, plus multiplier, and profit. • Per the new requirements being enforced under SB 854 and because it is assumed that a PWC-100 Form will be filed by the Client to the CA DIR for each project, 4LEAF is required to notify an authorized Apprenticeship Committee through submittal of a DAS-140 form. We are then required to make an official request to an authorized Apprenticeship Committee for an apprentice by submitting a DAS-142 Agenda Item #7.5:
Fee Schedule July 1, 2026
form. We are not assured the apprenticeship committee will be able to provide a suitable / qualified apprentice for the project. Per the apprenticeship requirements, the hours worked by the apprentice must be in a ratio of 1:5 for apprentice to journeyman hours. 4LEAF will not know the labor classification of the Public Works Apprentice until an Apprentice is dispatched to the site; therefore, the rates for the five Periods listed under the California DIR’s Wage determination for Building Construction Inspector.
Agenda Item #7.5:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Adopt a Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Willdan Engineering to provide as needed Code Enforcement services with a not to exceed budget of $75,000.
Summary
On May 7, 2026, the City of Sonoma along with the Cities of Cotati and Cloverdale, and the Town of Windsor released a request for proposals (RFP) jointly. We collaborated to secure code enforcement services with the goal of improving service efficiency and attracting highly qualified respondents. Each city/town will have its own contract, but we will all have the same code enforcement officer.
Five proposals were received by the deadline and those were narrowed to two service providers for interviews. Staff from Sonoma, Cotati and Windsor participated in the interview in July and selected Willdan Engineering. While standard code enforcement services will be provided, staff will also work with Willdan on vacation rental compliance, which is an additional code enforcement service that will be covered by the scope as identified in the attached Agreement.
All code enforcement services are to be provided with a not to exceed budget of $75,000.
Recommended Council Action
Approve City Council Resolution authorizing the City Manager to execute a Professional Services Agreement with Willdan Engineering to provide as needed Code Enforcement services with a not to exceed budget of $75,000 in substantially the form attached, with any minor changes approved by the City Manager with the concurrence of the City Attorney.
Alternative Actions
Council discretion.
Financial Impact
In June 2026 City Council approved the FY26-27 budget that included $75,000 for code enforcement services. No additional funding is being requested.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #7.6:
Attachments
Resolution - Willdan PSA
PSA for Willdan CE Services
Agenda Item #7.6:
CITY OF SONOMA
CITY COUNCIL
RESOLUTION # _______ - 2026
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT
WITH WILLDAN ENGINEERING TO PROVIDE CODE ENFORCEMENT SERVICES THROUGH JUNE 30, 2027
WHEREAS, the City of Sonoma (“the City”) needs a qualified Code Enforcement Officer to provide code enforcement services; and
WHEREAS, the City along with the Cities of Cotati and Cloverdale and the Town of Windsor circulated a joint Request for Proposals Code Enforcement Services from May 7, 2026 to June 8, 2026 and received five responses; and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute a Professional Services Agreement with Willdan Engineering to provide code enforcement services in the amount not to exceed $75,000 through June 30, 2027, in substantially the form attached, with any minor changes approved by the City Manager with the concurrence of the City Attorney.
RESOLVED AND ADOPTED this ___________________, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Ron Wellander, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 1 of 22
Approved for use: 7/1/2026
PROFESSIONAL SERVICES AGREEMENT
FOR CONSULTANT SERVICES
(City of Sonoma / Willdan Engineering)
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 Willdan Engineering, a California Corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant to provide Code Enforcement 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.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 2 of 22
Approved for use: 7/1/2026
3. DEFINITIONS
3.1 “Agreement Administrator” for this project means Jennifer Gates, Community Development Director. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Contractor.
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s June 8, 2026 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 August 17, 2026.
3.4 “Consultant Project Administrator” means Greg Smith, Project Manager.
The Consultant Project Administrator will be the principal point of contact for the Consultant.
3.5 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is Seventy-Five Thousand Dollars ($75,000).
3.6 “Scope of Services” means such professional services as are set forth in Consultant’s June 8, 2026 proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.
3.7 “Termination Date” means June 30, 2028.
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 perform the services required hereunder. Such extensions shall be effective if Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 3 of 22
Approved for use: 7/1/2026
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 Director of Community Development 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 Director of Community Development’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 #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 4 of 22
Approved for use: 7/1/2026
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 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 #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
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Approved for use: 7/1/2026
(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 #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 6 of 22
Approved for use: 7/1/2026
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 Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects including the design and
preconstruction phases of a covered public works project. This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of
prevailing wages is required under the California Labor Code.
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 7 of 22
Approved for use: 7/1/2026
5.14.2 In the event Consultant will perform inspection services, City or authorized representatives of the City shall have the right to inspect the work of such services whenever such representatives may deem such inspection to be desirable or necessary. Inspections by the City do not in any way relieve or minimize the responsibility of Consultant to conduct the inspections Consultant has expressly agreed to perform pursuant to this Agreement. Consultant shall be 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.
5.14.3 Consultant shall defend, indemnify, and hold the City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure of Consultant to comply with the Prevailing Wage Laws.
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.
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 8 of 22
Approved for use: 7/1/2026
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.
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 Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 9 of 22
Approved for use: 7/1/2026
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 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 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, 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 non-negligent.
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 Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 10 of 22
Approved for use: 7/1/2026
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.
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 except where due to City’s sole or active negligence. Such costs and expenses shall include reasonable attorneys’ fees.
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.
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 11 of 22
Approved for use: 7/1/2026
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 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 Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 12 of 22
Approved for use: 7/1/2026
(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.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000) per claim 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 Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 13 of 22
Approved for use: 7/1/2026
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.
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, Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 14 of 22
Approved for use: 7/1/2026
or Consultant shall procure a bond in the amount of the deductible or selfinsured retention to guarantee payment of losses and expenses.
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
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 15 of 22
Approved for use: 7/1/2026
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents 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).
Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
336531.4 Page 16 of 22
Approved for use: 7/1/2026
If to City:
Jennifer Gates
City of Sonoma
Community Development
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
Email: [email protected]
If to Consultant:
Greg Smith
Willdan Engineering
66 Franklin Street, Suite 300
Oakland, CA 94607
Telephone: (612) 750-0559
Facsimile: (714) 940-4920
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 by providing no less than seven (7) days’ written notice. 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. 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 Agenda Item #7.6:
Professional Services Agreement
(City of Sonoma / Willdan Engineering)
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ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. 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 no less than seven (7) days written notice of such termination, stating the reasons for such termination in such event. Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.
18.4 In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Paragraph 3.5 above and as otherwise provided in this Agreement.
19. GENERAL PROVISIONS
19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall Agenda Item #7.6:
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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).
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 Agenda Item #7.6:
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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.
Agenda Item #7.6:
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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 #7.6:
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[Signatures on following page]
Agenda Item #7.6:
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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
Cristine Alilovich, Interim City Manager
Date:______________________
“Consultant”
Willdan Engineering
By:________________________________
Signature
Vanessa Munoz, President
Date:______________________
Attest:
By:__________________________________
Rebekah Barr, MMC, City Clerk
Date:________________________
By:________________________________
Signature
Kate Nguyen, VP – Treasurer
Date:______________________
Approved as to form:
By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Agenda Item #7.6:
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“EXHIBIT A”
Scope of Work
Agenda Item #7.6:
Proposals for Code Enforcement Services (MultiJurisdictional – Cloverdale, Cotati, Sonoma, Windsor) Participating Agencies
8 3. How Proposal Meets the Scope of Services and Requirements
3.1 How Proposal Meets the Scope
Willdan delivers comprehensive code enforcement services across multiple California jurisdictions through a proven methodology that integrates field enforcement, compliance actions, case management technology, strategic startup planning, and community engagement. The team assembled for the Participating Agencies brings extensive experience in municipal code enforcement, ensuring consistent and legally defensible outcomes across all the agencies.
Willdan’s enforcement philosophy prioritizes education, communication, professionalism, and voluntary compliance whenever feasible. Staff works collaboratively with residents, property owners, tenants, contractors, and businesses to resolve violations while maintaining consistency, fairness, and responsiveness. Formal enforcement actions are utilized when necessary to protect public health, safety, neighborhood quality, and community welfare. Personnel are trained to conduct enforcement activities respectfully and professionally while supporting equitable and legally defensible outcomes.
Core Field Enforcement Areas
Willdan's approach to general code compliance encompasses nuisance abatement, substandard housing, dangerous buildings, and property maintenance enforcement. The team investigates both public and staffgenerated complaints involving violations of municipal codes, ordinances, and standards related to zoning, land use, building codes, health and safety, blight, graffiti, wastewater, sidewalk vending, substandard structures, and other nuisance conditions.
General Nuisance & Property Maintenance. Willdan personnel assigned to Participating Agencies possess extensive experience conducting both proactive and complaint-based investigations throughout California communities. Their expertise includes addressing nuisance conditions, zoning and land use violations, substandard housing, dangerous and abandoned properties, illegal dumping, graffiti, water waste, wastewater violations, and other municipal code enforcement matters affecting community health, safety, and quality of life Substandard and Dangerous Buildings. Our personnel will conduct thorough property inspections utilizing a variety of enforcement tools to achieve compliance, including verbal and written warnings, letter notifications, office conferences, administrative citations, and civil abatement. Willdan prioritizes education, voluntary compliance, and collaborative problem-solving whenever feasible while maintaining the ability to pursue formal enforcement remedies when necessary to protect public health and safety.
Zoning and Land Use Violations. Willdan’s staff is highly proficient in investigating and resolving issues related to zoning, land use, nuisance housing, building codes, health and safety, blight, graffiti, water waste, sidewalk vending, and other relevant regulations. Willdan staff conducts investigations involving zoning compliance, land use regulations, nuisance housing, grading, unpermitted construction, signage, health and safety concerns, sidewalk vending, and related municipal code violations. Personnel utilize proactive patrols, complaint investigations, documentation, voluntary compliance efforts, notices of violation, administrative citations, and coordinated enforcement actions to resolve cases effectively and consistently.
Vehicle and Abandoned Property Abatement. Willdan provides proactive and complaint-based vehicle abatement and neighborhood preservation services, including abandoned vehicles, inoperative vehicles, illegal storage, debris accumulation, illegal signage, encroachments, and related nuisance conditions. Personnel conduct field inspections, coordinate with property owners and responsible parties, document violations thoroughly, and utilize progressive enforcement strategies focused on voluntary compliance and timely resolution.
Business License and Regulatory Compliance Programs. Willdan personnel supports business license compliance, regulatory enforcement, and operational coordination involving commercial properties, cannabis-related activities, tobacco compliance, vendor regulations, and other business-related municipal requirements. Our staff is Agenda Item #7.6:
Proposals for Code Enforcement Services (MultiJurisdictional – Cloverdale, Cotati, Sonoma, Windsor) Participating Agencies
9 experienced in balancing effective enforcement with economic sensitivity and customer service while ensuring compliance with local ordinances and operational standards.
Solid Waste and Environmental Compliance. Willdan personnel proactively addresses solid waste, illegal dumping, environmental nuisances, water waste, debris accumulation, and related quality-of-life concerns. Staff coordinates with Public Works, Environmental Health, law enforcement, and other departments as necessary to ensure effective case resolution and consistent enforcement efforts across participating jurisdictions.
Multi-Jurisdictional Coordination and Operational Consistency Willdan has extensive experienced managing operations across multiple municipal jurisdictions simultaneously while maintaining jurisdiction-specific priorities, procedures, and customer service expectations. Through centralized management oversight, cross-trained personnel, standardized reporting practices, and scalable staffing resources, Willdan ensures consistent service delivery while allowing each Participating Agency to maintain its individual operational identity and enforcement priorities.
This operational structure allows participating agencies to benefit from shared expertise, management continuity, flexible staffing support, and coordinated enforcement resources while maintaining responsive local service delivery. Willdan’s management team will coordinate regularly with designated agency representatives to ensure communication, accountability, and operational consistency throughout the contract term.
Compliance Action & Legal Process Cycle
Complaint Intake and Triage. Willdan personnel receives, investigates, documents, and tracks complaints related to municipal code violations in accordance with each Participating Agency’s policies and procedures. Staff proactively communicate with residents, property owners, businesses, and stakeholders to explain violations, discusses corrective actions, and encourages voluntary compliance whenever feasible. Investigations are conducted professionally, consistently, and with careful attention to documentation and due process requirements.
Inspections and Evidence Gathering. Willdan’s employees document all complaints received and inspections conducted through photos, notes, and correspondence as determined by City personnel. Personnel begin by gathering all pertinent facts related to each case, including evidence provided by the reporting party, neighbors, property owners, and city records, as well as witness statements and photo documentation. Staff conduct on-site inspections to collect additional evidence and documents conditions relevant to the investigation, with all gathered evidence reviewed, cataloged, and organized as part of the case file to support enforcement actions and maintain a clear investigative record.
Noticing and Due Process. Our employees issue notifications, letters, and citations when necessary to achieve compliance. The team issues courtesy notices of violation for non-compliance according to applicable codes and regulations, drafts compliance orders and notice and orders in cases where voluntary compliance is not achieved, and drafts and executes inspection warrants in accordance with legal procedures as needed to perform inspections. Staff draft and issue letters and notices of violation (courtesy, regular, and final) to resolve code matters and are prepared to issue administrative citations or levy civil penalties as authorized by the City.
Administrative Hearings. Willdan facilitates appeals hearings as necessary to ensure due process. The team compiles detailed reports for cases necessitating legal action or civil abatement, and provides documentation and testimony for court proceedings, collaborating with legal counsel when required. Terry Cox analyzed current procedures and implemented changes to improve program efficiency and effectiveness, including improvements to office hearing scheduling procedures and enhanced notification processes.
Cost Recovery and Liens. We prepare comprehensive documentation for cost recovery through administrative penalties and liens in accordance with City policies. Albert Brady Jr., Principal-in-Charge, specializes in performing program analysis, establishing policies and procedures, developing and implementing cost recovery programs, civil/administrative citation programs, and implementing neighborhood revitalization strategies. During his career Agenda Item #7.6:
Proposals for Code Enforcement Services (MultiJurisdictional – Cloverdale, Cotati, Sonoma, Windsor) Participating Agencies
10 managing code programs in California and Arizona, he developed and managed numerous programs focused on cost recovery and financial accountability.
Misdemeanor and Infraction Referrals. When necessary and directed by the City, staff utilizes additional enforcement tools such as criminal citations, criminal complaints, stop work orders, abatement warrants, receiverships, and recordation to eliminate ongoing violations. Willdan assists in enforcement, including preparation and participation in prosecution by city and district attorneys. The team maintains in-depth knowledge of municipal codes and enforcement procedures, ensuring compliance and promoting community well-being.
Warrant Coordination and Interagency Collaboration. Willdan personnel will coordinate with City departments on cases involving nuisances and dangerous buildings to ensure comprehensive enforcement efforts. Edward Nicholls fostered collaborative partnerships with departments like Environmental Health and Public Works to expand enforcement scope, and maintained records to document violations.
Administration, Technology & Data
Case Management System (CMS). Willdan personnel are experienced using multiple municipal case management platforms and mobile field technologies, including GIS-integrated systems, cloud-based reporting platforms, mobile inspection applications, customer service portals, and electronic documentation systems. Personnel are capable of operating within agency-provided systems or adapting to jurisdiction-specific technology platforms and reporting requirements.
Public Portal and Complaint Intake. Willdan is experienced utilizing both agency-provided and third-party public portals for complaint intake, case tracking, and customer communication. Where desired by the Participating Agencies, Willdan can support implementation and administration of a public-facing complaint portal that allows residents to submit service requests, upload supporting documentation, and receive case status updates while maintaining appropriate privacy and confidentiality protections. When a City provides its own complaint intake or case management portal, Willdan will utilize and support the City's existing platform.
Records & PRA. Public Records Act Compliance and Data Ownership. Willdan provides assistance for Public Records Requests, ensuring transparency and compliance with California law. All case documentation and records remain the property of the participating agencies, with flexible storage arrangements based on agency preferences.
System Capabilities and Features. Willdan maintains records of complaints, inspections, violation notices, and all field enforcement activities, with records stored in the City database if preferred. Each code assigned case is thoroughly documented by Willdan staff, including detailed notes of inspections, conversations, and photographs.
Staff store all case records either physically or electronically within the City's database, depending on the participating agency's preference.
Accessibility & Language Access. ADA and Unruh Act Compliance. Willdan ensures that all public-facing services and interfaces comply with accessibility requirements under the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. Staff participate in ongoing training and continuing education to maintain current knowledge of accessibility standards and compliance requirements.
Privacy and Security Protocols. Willdan maintains strict confidentiality and security protocols for all case files and enforcement documentation. Staff adheres to all applicable laws, statutes, and protocols governing legal inspections, and will not enter private property without the property owner's consent or a legally obtained warrant.
Photo and Video Documentation. All correspondence, such as letters and email, related to each case is retained in the case file, with copies of relevant entitlements, permits, and supporting records maintained for reference and compliance verification. All enforcement documents, including notices, letters, citations, orders, and warrants, are properly organized and retained on file. Property ownership information is accurately recorded and saved in appropriate case files.
Agenda Item #7.6:
Proposals for Code Enforcement Services (MultiJurisdictional – Cloverdale, Cotati, Sonoma, Windsor) Participating Agencies
11 Automated Notice Templates and Cost Tracking. Our personnel conduct follow-up inspections to verify compliance with issued notices. Staff will develop user-friendly, standardized complaint forms for use by participating agencies and their residents and will enhance code enforcement operations by implementing organized filing and calendaring systems that improve efficiency, case management, and tracking.
GIS & Analytics. Address Verification and Mapping. Personnel utilize zoning maps and GIS software to determine correct zoning designations during field investigations. Staff carry laptops, tablets, mobile hotspots, cell phones, radios, digital cameras, measuring tapes, and other tools necessary to perform investigations in the field. Terry Cox was highly involved with the development and implementation of the new Land Management System and the Customer Resource Management online portal utilized throughout Orange County Public Works to provide easily accessible online services to stakeholders.
Startup Plan and Performance Reporting
Startup Plan. Within 30 days of contract execution, Willdan will coordinate with each Participating Agency to establish communication protocols, reporting expectations, staffing assignments, workflow procedures, escalation processes, jurisdiction-specific enforcement priorities, and performance metrics. Initial implementation activities will include onboarding meetings, system access setup, review of existing cases and templates, data migration coordination, reporting customization, workflow refinement, and development of jurisdiction-specific KPIs to ensure seamless service delivery and continuity.
Individualized KPI Development. Willdan will collaborate with each Participating Agency to establish measurable performance metrics and reporting expectations tailored to operational goals and community priorities. Reporting may include case activity summaries, response times, compliance rates, citation activity, workload analysis, proactive enforcement efforts, neighborhood improvement initiatives, and other jurisdiction-specific performance indicators.
Onboarding and Staff Integration. Principal in Charge Albert Brady Jr. and Project Manager Greg Smithwill address each participating agency's needs and ensure field staff remain available and committed throughout the contract duration. Willdan staff undergo regular training in customer service, code compliance, and various topics mandated by the HR department, including sexual harassment prevention, creating safe work environments, and defensive driving.
Data Migration and System Setup. Willdan will organize each participating agency's code enforcement operations by creating structured filing and calendaring systems to enhance efficiency and case tracking. Staff maintain city reports for permits, plan tracking, and inspections, and provide scheduling for development projects that include inspections and meetings.
Template Refinement and Workflow Customization. Willdan staff design user-friendly, standardized complaint form templates for use by participating agencies and residents. Scott Barber created comprehensive policies and procedures manuals for code enforcement, animal control, and parking enforcement programs, along with findings and recommendations for program enhancements.
Monthly, Quarterly, and Annual Reporting. Willdan provides monthly statistical accounting and preparation of plans for imaging completed at the end of each month. Staff create monthly, quarterly, and yearly reports to document program performance and outcomes.
Customer Service & Community Engagement
Willdan emphasizes respectful, professional, and trauma-informed engagement with all community members.
Personnel receive ongoing training related to customer service, de-escalation techniques, cultural competency, officer safety, effective communication, and equitable enforcement practices to support positive public interactions and community trust.
Service Standards. Prompt and Courteous Response. We understand the importance of timely and efficient service delivery, with the team committed to providing quick response times while maintaining cost-effectiveness. The Agenda Item #7.6:
Proposals for Code Enforcement Services (MultiJurisdictional – Cloverdale, Cotati, Sonoma, Windsor) Participating Agencies
12 firm prioritizes effective training programs to ensure staff possess the necessary skills and knowledge to perform duties to the highest standards. Average turnaround time for return of telephone calls and emails is within 24 hours.
Outreach. Educational Outreach and Public Information. Willdan provides community education and engagement programs and develops educational materials. Greg Smith is committed to advancing education within the code enforcement field and regularly conducts seminars and professional training programs. His extensive experience in residential and commercial code enforcement, inspections, investigations, and emergency response makes him well-qualified to provide professional code enforcement services. He has conducted public education seminars on fire safety, licensing, and code requirements.
Multi-Channel Communication. Willdan personnel maintains consistent communication with residents, businesses, City staff, legal counsel, contractors, and stakeholders throughout the enforcement process. Staff responds promptly to phone calls, emails, service requests, and public inquiries while maintaining professionalism, responsiveness, and accurate case documentation.
Translated Materials and Language Access. Willdan provides services that accommodate diverse communities and ensure access for non-English speaking residents. The firm's commitment to equitable service delivery includes providing information and educational materials accessible to all community members.
City Branding Alignment. Our personnel will adhere to each participating agency's branding guidelines, policies, and procedures. Staff integrate seamlessly into agency operations while maintaining the unique identity and standards of each jurisdiction.
Staffing & Training
Qualified Personnel: Supervising Code Enforcement Officer(s) and Code Enforcement Officers certified by CACEO or equivalent; bilingual capability desired.
Continuity & Backups: Dedicated account manager; cross-trained backups; contingency plans for absences and surge.
Training: Ongoing training in State/local law, officer safety, evidence handling, cultural competency, traumainformed engagement, and de-escalation.
Equipment: Vehicles, uniforms/badges (as approved), PPE, mobile devices, and calibrated measurement tools.
3.2 Optional/Alternates that Add Value
Rental Inspection Program Administration. Willdan provides inspection services for HUD Section 8 programs and operates rental inspection programs.
Short-Term Rental Registration and Compliance. Willdan provides registration and enforcement services for vacation rentals. Edward Nicholls played a pivotal role in establishing a dedicated enforcement unit targeting short-term rentals in Placer County.
Cannabis and Tobacco Compliance Audits. Willdan provides inspection, regulation, and enforcement of marijuana dispensaries and grow houses.
After-Hours and Weekend Enforcement. Willdan provides full-time, part-time, interim, and weekend staff as onsite employees. The firm offers flexible scheduling to accommodate participating agencies' needs for extended enforcement hours.
Graffiti Abatement Services. Willdan staff abate blighted conditions observed during inspections, including graffiti removal. Albert Brady Jr. has extensive experience coordinating and implementing special projects such as community cleanup days and target area sweeps, and spearheading community outreach efforts.
Agenda Item #7.6:
336531.4
“EXHIBIT B”
Approved Fee Schedule
Agenda Item #7.6:
Proposals for Code Enforcement Services (MultiJurisdictional – Cloverdale, Cotati, Sonoma, Windsor) Participating Agencies
18 5. Fee Schedule
Willdan’s comprehensive hourly rates cover project management oversight, staff uniforms, necessary equipment (such as phones), materials, supplies, and all required insurance, including professional liability.
The rates provided herein shall remain firm through the initial two-year term of the agreement. Should the agreement extend beyond the initial term, the parties may mutually review the fee schedule and consider reasonable adjustments based upon changes in labor costs, cost-of-living indices, or other market conditions.
Service Provided Billing Rate
Code Enforcement Manager/Consultant $150.00/hour
Code Enforcement Supervisor $125.00/hour
Senior Code Enforcement Officer $94.00/hour
Code Enforcement Officer $82.00/hour
Code Enforcement Technician $70.00/hour
Vehicle (Personal/Willdan Provided) $10.00/hour
NOTE: Overtime rates of 1.5 times the regular hourly rate will be charged for all overtime hours worked.
Agenda Item #7.6:
336531.4
“EXHIBIT C”
Campaign Contribution Disclosure Form
Agenda Item #7.6:
336531.4
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 #7.6:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Parks & Recreation Department
Staff Contact
Dave Jahns, Parks & Recreation Director
Agenda Item Title
Adopt a Resolution Approving the Construction of a Storage Shed at the City-Owned Maysonnave House Property Located at 291 First Street East Property Summary
The Maysonnave House is a City-owned historic property located at 291 First Street East, and is leased to the Sonoma League for Historic Preservation (League). The League has long identified the need for additional storage to support its operations and preserve the functionality of the historic buildings. Currently, outdoor furnishings and operational supplies occupy space within the Carriage House. An additional storage shed would consolidate these materials into a purpose-built structure, allowing the League to repurpose the Carriage House for archival storage of historical documents. The League intends for these archives to be accessible to the public by appointment, furthering its mission of preserving and sharing Sonoma Valley history.
The League submitted a request to City staff and the City Council for approval to construct a new storage shed on the Maysonnave House property. The proposed shed will provide secure storage while allowing the Carriage House to be converted into an accessible archives room.
Construction, including labor and materials has been generously offered to be donated by R.A.
Wilson Construction Corporation at no cost to the City or the League. City staff, a representative from the League, and R.A. Construction have had several site meetings to discuss location, functionality, and compatibility with the historic building site.
The proposed shed measures approximately 8 feet by 15 feet with a maximum height of approximately 9 feet. It will be located along the western edge of the property adjacent to the existing fence, minimizing visibility from First Street while maintaining compatibility with the historic setting. The structure will include:
Pitched roof matching the architectural character of the existing buildings; Exterior siding and paint colors matching the Maysonnave House; Concrete slab foundation;
Placement behind existing fencing to reduce visual impacts. The submitted site plan and elevations illustrate the proposed location and architectural treatment.
Pursuant to section 5 of the existing lease agreement between the League and the City of Sonoma, City approval is required for alterations or additions to the property. The proposed project has been reviewed by City staff, including the Planning and Building Department. Staff has determined that the proposal is compatible with the historic character of the property and consistent with the City's Historic Preservation and Infill Design Guidelines.
Recommended Council Action
Agenda Item #7.7:
Adopt a Resolution approving the construction of a new storage shed on the City-owned Maysonnave House property, consistent with the submitted site plan and architectural elevations, and authorize the City Manager to execute any documents necessary to facilitate the project.
Alternative Actions
1. Approve the project, but with specified modifications or conditions
2. Continue the item to a future meeting and direct staff to return with additional information Financial Impact
There is no direct fiscal impact to the City. R.A. Wilson Construction Corporation has offered to donate the labor and materials necessary to construct the storage shed. The project will be completed at no cost to the City of Sonoma. Future maintenance of the structure will remain the responsibility of the tenant in accordance with the existing lease agreement for the property.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution_Maysonnave Shed
League Letter to City Council_07.22.2026
Mayssonave House_Shed_Proposal
Sonoma-League-for-Historic-Preservation_Maysonnave-Lease-Agreement_2001 Sonoma-League-for-Historic-Preservation_Maysonnave-Lease-Agreement_Amendement-1- 2020
Agenda Item #7.7:
City of Sonoma
RESOLUTION # ______-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA APPROVING
THE CONSTRUCTION OF A STORAGE SHED AT THE CITY-OWNED
MAYSONNAVE HOUSE PROPERTY LOCATED AT 291 FIRST STREET EAST WHEREAS, the City of Sonoma owns the Maysonnave House property located at 291 First Street East, a significant historic resource that is leased to the Sonoma League for Historic Preservation (League), which promotes the history of Sonoma Valley through programs, exhibits, and stewardship of historic resources; and WHEREAS, pursuant to section 5 of the Maysonnave Residence Lease Agreement between the City and the League, the League may not make any alterations to the premises without the written consent of the City; and WHEREAS, the Sonoma League for Historic Preservation has requested authorization to construct a new storage shed to provide secure storage for operational equipment, including tables, chairs, umbrellas, and administrative materials currently stored within the Carriage House on the property; and
WHEREAS, construction of a storage shed will allow the existing Carriage House to be repurposed as an archives room for the preservation of historical documents and materials, improving public access to the League's collections by appointment; and WHEREAS, the proposed storage shed has been designed to be compatible with the historic character of the property through the use of similar roof materials, siding, paint colors, and architectural detailing consistent with the existing Maysonnave House and associated structures; and
WHEREAS, the proposed project has been reviewed by City staff and has been determined to be consistent with applicable City development standards, historic preservation requirements, and building regulations; and WHEREAS, approval of the project will improve the functionality of the Cityowned historic property while supporting the continued preservation and interpretation of Sonoma's historic resources without financial impact to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma as follows:
Section 1. The City Council approves construction of the storage shed at the Maysonnave House property located at 291 First Street East in substantial compliance with the proposal provided by R.A. Wilson Construction Corp. dated July 20, 2026 Agenda Item #7.7:
Section 2. The storage shed shall be constructed in accordance with all applicable City approvals, permit requirements, historic preservation standards, and conditions imposed by the Planning and Building Department.
Section 3. The City Manager is authorized to execute any documents and take any administrative actions necessary to implement this Resolution.
PASSED AND ADOPTED by the City Council of the City of Sonoma, on August 5, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Ron Wellander, Mayor
ATTEST:
_________________________________
Rebekah Barr, City Clerk
Agenda Item #7.7:
Preserving Sonoma Valley since 1969
Robert C. Demler, Jr.
Executive Director
July 22, 2026
Dear Mayor Wellander and City Council Members:
I am writing on behalf of the Board of Directors of the Sonoma League for Historic Preservation. This letter is to formally request approval by the City for the proposed construction of a storage shed on the City-owned Maysonnave Property.
The shed's dimensions are to have an eight-feet by fifteen-feet footprint with a maximum height of nine feet. The shed will have a pitched roof with roofing material compatible with that which exists on the other two structures on the Maysonnave Property. The shed's siding and paint color will match the main house on the property. It will be constructed on a concrete slab which has to be prepared for this structure.
The storage shed will be used to store the League's inventory of outside tables, chairs, and umbrellas. Additionally, there will be a several file cabinets containing non-historical material.
This project is intended to free up space in the rear room of the existing Carriage House so that an archives room can be developed in that space. This archives room will contain the League's historical documents and will be open to the public by appointment.
Local contractor, Robert A. Wilson, who has agreed to take on the League's long-standing desire for a properly built storage shed. It has been confirmed by the contractor that the shed will be constructed according to the City of Sonoma Guidelines and at no cost to either the City of Sonoma or the Sonoma League. City Building Inspectors will govern the building phase of this project and all City codes will be met.
With thanks and kind regards,
Copies to:
Interim City Manager
Community Development Director
Parks & Recreation Director
Preserving the past begins with preserving the present.
Sonoma League Website: www.preservesonoma.org
Sonoma League Inquiries: [email protected] Sonoma League Mail: P. O. Box 766, Sonoma, CA 95476
Agenda Item #7.7:
Maysonave House
291 First Street East
July 20, 2026
Proposed Shed Build
SCALE: 3/8" = 1'-0" (1:32)
Existing Arbor Fence Existing Arbor Fence Existing Fence Property Line
7'-0"
8'-4"
8'-0"
VIEW FROM PROPERTY VIEW FROM DIRT/SIDE ROAD
ROOF to match Maysonave House
SIDING to match Maysonave House
Elevations
3'-0" 3'-0" 6'-0"
15'-0"
Agenda Item #7.7:
Maysonave House
291 First Street East
July 20, 2026
Proposed Shed Build
SCALE: 3/16" = 1'-0" (1:64)
15'-0"
8'-0"
PROPERTY LINE
FENCE / PROPERTY LINE
ARBOR FENCE
ARBOR FENCE GATE
SHED
DIRT/SIDE ROAD
MAYSONAVE HOUSE
8'-0"
Floor Plan
Agenda Item #7.7:
MAYSONNAVE RESIDENCE LEASE AGREEMENT
THIS LEASE is executed at Sonoma, California, on January LCQ: 2001 by and between the CITY OF SONOMA, a municipal corporation ("CITY"), and the SONOMA LEAGUE FOR HISTORIC PRESERVATION, a California non-profit corporation ("TENANT").
1. CITY hereby leases to TENANT and TENANT leases from CITY, on the terms and conditions hereinafter set forth, those certain premises situated in the CITY OF SONOMA, State of California, described as the Henri Maysonnave House located at 291 First Street East, Sonoma being a 1,350 square foot three bedroom house (referred to as "the Premises“ herein). The Premises shall include the house and surrounding areas as shown on map which shall be Exhibit A, including the lot south of the existing house. TENANT shall be entitled to gain access to the Premises from any existing driveway leading to the house or from any public walkway or sidewalk.
2. The term of this Lease shall be for twenty—five(25) years, commencing upon the date the agreement is executed by CITY and TENANT. Tenant is hereby granted an option to extend the term hereof by two additional five year periods, by giving notice to CITY of its intent to do so, said notice given to CITY during the last year of each term. Said notice shall be effective so long as TENANT is not in default of any provision of this Lease at the time of giving such notice.
3. TENANT shall pay rent to the CITY OF SONOMA in the sum of $1.00 each year, payable by January 1, as consideration for the use of the Premises herein described.
4. The Premises are leased to TENANT for the purpose of establishing and maintaining a museum and a research library, open to the public during established office hours. Other uses customarily associated with museums such as offices, meetings, and social events are also permitted. TENANT shall not use, or the purpose or purposes for which the Premises are hereby leased. 5. TENANT shall not make, or suffer to be made, any alterations of the Premises, or any part thereof, without the written consent of the CITY. This provision allows TENANT to change inside display rooms by 1 Agenda Item #7.7:
the use of moveable furnishings and to make non-structural modifications to the interior of the structure without prior consent.
6. TENANT shall pay for all water, gas, sewer, electricity, telephone service, and all other service supplied to the Premises. If property taxes are assessed, only taxes on the structure and its contents will be passed through to the tenant.
7. TENANT shall not vacate or abandon the Premises at any time during the t- rm, and if TENANT shall abandon, vacate or surrender the Premises, or be dispossessed by process Jf law, or otherwise, any personal property belonging to TENANT and left on the Premises shall be deamed to be abandoned, at the option of the CITY, except such property as may be secured by a third part/-
8. a. TENANT shall, at its sole cost, keep and maintain the interior and the exterior of the Premises, together with exterior walkways, site utilities and exterior appurtenances and landscaping of the premises, and any permitted alteration or exterior sign, in good and sanitary order, conditior and repair. b. CITY and TENANT understand that the premises are in need of upgrading, repair and maintenance to make it available for the intended purposes of this Lease. TENANT agrees to perform any and all repair and maintenance required to make it available for its intended uses under this Lease and such repairs and maintenance as is reasonably required by ClTY's Building Official to bring the building into compliance with local, state and federal building and accessibility codes and laws as they might and do apply to the use, maintenance and operation of the house for the purposes of this Lease.
TENANT agrees to perform such work prior to occupying the Premises for the purposes of this Lease.
9. Subject to the understanding that the Maysonnave House is currently in need of upgrading, maintenance and repair as described in paragraph 8.b. above, by entry hereundeoa TENANT accepts the surrender unto CITY all and singular Premises with said appurtenances in the sari1e condition as when restored, reasonable use and wearthereof and damage by fire, Act of God, or by the elements excepted, and to remove all of TENANT's historical material from the Premises. 2 Agenda Item #7.7:
10. TENANT, as a material part of the consideration to be rendered to CITY, hereby waives all claims against CITY for damages to goods, wares, merchandise, and historical artifacts in, upon or about the Premises and for injuries to TENANT, its agents or third persons in or about the Premises from any cause arising at any time, unless such damage is the proximate result of a negligent or intentional act of the CITY, its agents or employees. TENANT will hold CITY exempt and harmless from any damage or injury to any person, or to the goods, wares, merchandise and historical artifacts of any person, arising from the use of the Premises by TENANT, or from the failure of TENANTto keep the Premises in good condition and repair, as herein provided.
11. TENANT agrees at all times during the term of this Lease to keep, at TEtJANT's sole expense, all of the personal property that may be in or on the leased Premises insured against loss or damage by fire, theft, vandalism, and any other peril included within fire and extended coverage. CITY agrees at all times during the term of this Lease to insure the museum building against loss by fire, earthquakes, and any other Acts of God for which other City buildings are Insured.
12. TENANT further agrees to take out and keep in force during the life hereof at TENANT's expense public liability insurance in companies recognized by CITY's insurance carrier to protect against any liability to the public incident to the use of or resulting from any accident occurring in or about the Premises, the liability under such insurance to be not less than FIVE HUNDRED -"HOUSAND DOLLARS AND NO/1OO ($500,000.00) for any one person injured, or ONE MILLION DOLLARS AND NO/100 ($1,000,000.00) for any one accident or TWENTY FIVE THOUSAND DOLARS .ANDNO/1OO ($25,000.00) for property damage. TENANT shall cause the CITY to be named as an additional insured on such policy or policies and to have copies of such policies delivered to the CITY, containing the modified without prior written notice to the CITY at least ten (10) days in advance. 13. TENANT shall permit CITY and its agents to enter into and upon the Premises at all reasonable times, after prior request to TENANT's Board of Directors for the purpose of inspecting the same. 3 Agenda Item #7.7:
14. TENANT shall not assign this Lease, or any interest therein, and shall not sublet the Premises, or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person to occupy or use the Premises, or any portion thereof, without the written consent of the CITY. Consent shall not be unreasonably withheld.
15. TENANT will staff the Premises at no cost to CITY, and will maintain and post its scheduled hours of operation. At CITY request and upon prior arrangement, TENANT will provide staffto open the building during non-office hours so that the Premises can be shown to visiting dignitaries, school children, etc., at no charge or cost to CITY.
16. Waiver by either party of a breach of any covenant of this Lease will not be construed to be a continuing waiver of any subsequent breach. No waiver by either party of a provision of this Lease will be considered to have been made unless expressed in writing and signed by all parties. Termination for cause may be made upon ten (10) days written notice to TENANT.
17. Default and Termination:
A. The occurrence of any one or more of the following events shall constitute a material default, breach of this Lease, and good cause to terminate the Lease:
(i) The vacating or closure (without mutual agreement) for more than sixty (60) consecutive days or the abandonment of the Premises by TENANT, other than cl:>sure due to fire, earthquake, or Acts of God.
(ii) The failure by TENANT to make any payment of rent or other financial obligations (stated elsewhere in lease), as and when due; (iii) The failure by TENANT to observe or perform any of the covenants, conditions or period of ten (10) days after written notice thereof by CITY to TENANT; provided, however, that if the nature of the default is such that it cannot reasonably be cured within such (10) dc.y period, TENANT shall not be in default hereunder if it shall within such period of time commence such and thereafter diligently 4 Agenda Item #7.7:
prosecute the same to completion;
(iv) The making of TENANT of any general assignment or general arrangement for the benefit of creditors; or the filing by or against TENANTof a petition to have 'IENANT adjudged bankrupt, or a petition for reorganization or arrangement under any law, now existing or hereafter amended or enacted, relating to bankruptcy or insolvency (unless, in the case of nn involuntary petition filed against TENANT, that TENANT has not consented to, or admitted the material allegation of said petition and the same is dismissed within thirty (30) days); or the appointment of a trustee or a receiver (other than in a bankruptcy or insolvency proceeding) to take possession of substantially all of TENANT's assets located at the Premises or of TENANT's interest in this Lease, where pos ssion is not restored to TENANT within thirty (30) days.
B. In the event of any such material default or breach by TENANT, CITY may, at any time thereafter, with ten (10) days written notice to TENANTdemand and without limiting CITY in the exercise of any right or remedy which CITY may have hereunder, or othen/vise at law or in equity by reason of such default of breach, terminate thl TENANT's right to possession of the Premises by notice to TENANTor any other lawful means, in which case this Lease shall terminate and TENANTshall immediately surrender possession of the Premises to CITY. In such event CITY shall be entitled to recover from TENANT all sums due and owing under this Lease as of the date of TENANT's default and all damages incurred by CITY by reason of TENANT's default.
In the event of termination of this lease by the City for reasons ot er than breach or default, the City will reimburse the tenant for all costs of restoration at the amortized the City's intended use of the building for museum or park purposes. In that event, the TENANT shall be given 24 months notice to vacate and find othersuitable premises. The term may be shortsr only ifthe TENANT chooses to vacate sooner. 5 Agenda Item #7.7:
18. Notwithstanding any other provision of this Lease, TENANT may terminate this Lease without cause, by the giving of one hundred eighty (180) days written notice of an intent to terminate. The term may be shorter by mutual agreement.
19. Upon termination of this Lease for any reason TENANT shall be allowed forty-five (45) days after termination to remove all property belonging to TENANT, or in their care and possession other than those owned by CITY.
20. Nothing contained in this Lease shall be construed as making CITY and TENANT joint venturers or partners.
21. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, legal representatives and assigns of the parties hereto.
22. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.
23. Any provision of this Lease which shall prove to be invalid, void or illegal shall in no way effect, impair, or invalidate any other provision hereof and all such other provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this agreement.
L ° 21,
- Pamela Gibson
City Manager
Agenda Item #7.7:
Lo
_
_ EXhibit "A" May'sormave
Lease 291 F11‘stStreet East A.P.N.018—131—006
Agenda Item #7.7:
Agenda Item #7.7:
...
fun] or"
FIRST AMENDMENTO MAYSONNAVERESIDENCELEASE AGREEMENT
City of Sonoma& Sonoma League for Historic Preservation THISFIRST AMENDMENTTO MAYSONNAVESIDENCELEASE AGREEMENT(this “Amendment”)is effectiveas of the it; day of i: t” T , 2020, betweenthe City of Sonoma,a municipalcorporation (Lessor”),and the SonomaLeague for HistoricPreservation,a Californianon-pro?t corporation (“Tenant”)and is enteredinto basedupon the followingfacts:
RECITALS
WHEREAS,Lessor andTenant entered into a MaysonnaveResidenceLeaseAgreement dated,January 16, 2001,(the “Lease”)coveringthe real property describedin the Lease as the “Premises”and both desire to amendthe Lease in accordancewiththe terms set forth below; WHEREAS,theUse Permit(“Use Permit”)granted to the Tenantfor the Premisesby the Flaming Commissionon March 14,2019, allowsthe use of the site as a museum,of?cer and/or for special events; and
WHEREAS, the Use Permit also allows the continueduse of the site for the Tenant’s headquarters,of?ce use, a museum,variousspecial events, all as detailedin the Use Permitand its Conditions of Approval a true and correct copy of which are attached as Exhibit A and incorporatedby thisreference.
AGREEMENT
NOW THEREFORE, in considerationof the facts recited above and the covenants, conditionsand terms set forth below,Lessorand Tenant herebyagree as follows:
1. Section 2 of the Lease shall be amended in its entiretyto read as follows:
“Theterm of thisLease shall expire on January26, 2030.Tenant is herebygranted an optionto extendthe term hereof by two additionalfive-yearperiods,by giving writtennoticeto Lessorof its intentto do so; saidnotice shall be given to Lessor no laterthan 180 daysbefore any expirationdate.Said notice shall be effectiveso long as Tenant is not in default of any provisionof this Lease at the time of giving provided.” 2. Section4 of theLease shallbe amended to read as follows: ThePremisesare leaseto Tenantfor the purpose of establishingandmaintaininga museumanda researchlibrary, open to thepublic during establishedof?ce hours.1 Agenda Item #7.7:
Other uses customarilyassociatedwith museums such as of?ces, meetings, and social events are alsopermitted. All uses shallbe in accordancewithand subject to theUsePermitand its conditionsof approval, as theymay be amendedfromtime to time.In the event any con?ict arises betweenthe terms and conditionsof this Lease and thoseof theUse Permitandits conditionsof approval,themore stringent conditionor term shallobtain.Tenantshall not use, or permit the Premises,or any part thereof to be used, for any purpose or purposes other than the purpose or purposes for whichthe Premisesare herebyleased.
3. Section6 of the Lease shallbe amendedto addthe following provisionsthereto:
This Lease may create a possessory property interestsubject to property taxation pursuant to Cal.Rev. & Tax. Code section 107.6. Any property tax liabilitycreated by this Lease shallbe the exclusiveliability of and shall be paid by the Tenant.
4. Section 8(c) is addedto the Lease to read as follows:
The followingrequirementsare includedhereinby City to comply withCiv.
Code, § 1938:
U The Premiseshave not undergone inspectionby a Certi?ed Access Specialist (CASp).
LJThe Premiseshave undergoneinspectionby a Certi?ed Access Specialist (CASp).
LlAttachedheretois a copy of the current disabilityaccess inspectioncerti?cate.
LlTenant acknowledgesthat it hasreceivedat least 48 hourspriorto the execution of this Amendmenta copy of the report preparedby the Certi?ed Access Specialist(CASp)dated[1/28/2020],a copy ofwho; :gach?d
heretoas
Exhibit B (the “CASpReport”). Tenants’ initials
' . U [Guy/Tenant]shallbearthe cost of any work calle er the CASpReport.
LlTenant hereby agrees to keep and maintainthe con?dentiality of the CASp Reportandwillnot disclosethe contents thereofto any third party without?rst obtaining the writtenconsent of City, which consent City may grant or withhold in itssole and absolutediscretion,except as necessary for Tenant to complete repairsand correctionsof violationsof construction—relatedaccessibilitystandards that Tenant agrees to make.
LiTenant acknowledgesand agrees that a Certi?ed Access Specialist(CASp) can inspectthe subjectPremisesand determinewhetherthe subjectPremises complywith all of the applicableconstruction-relatedaccessibilitystandards understate law. Althoughstate lawdoes not require a CASp inspectionof the subject Premises,the City may not prohibitthe Tenant from obtaininga CASp if requested by the Tenant. The partiesshall mutually agree on the arrangements for the time and manner of the CASp inspection.TheTenant shall pay the fee for the CASpinspectionand pay for the cost of makingany repairsnecessary to correct violationsof construction-relatedaccessibility standardswithinthe Premises.
Agenda Item #7.7:
5. Section9-A is addedto the Lease to readas follows:
a. Tenant shall,at itssolecost andexpense,complywith all ofthe requirements of all municipal,state andfederal authoritiesnow in force, or whichmay hereafter be in force,pertainingto thePremises,and shallfaithfully observein the use or occupancy ofthe Premisesall municipalordinancesandstate and federalstatutes, laws andregulationsnow or hereafterin force, including, withoutlimitation,the “EnvironmentalLaws” (as hereinafter defined), and the AmericanswithDisabilitiesAct, 42 U.S.C.A. §§ 12101to 12213(and any rules,regulations,restrictions, guidelines,requirementsor publications promulgatedor publishedpursuant thereto), whetheror not any of the foregoing were foreseeableor unforeseeableat the time of the executionof this Lease.Tenant's obligationto complywith and observesuch requirements, ordinances,statutes and regulationsshall applyregardlessof whethersuch requirements,ordinances,statutes andregulationsregulateor relateto Tenant's particularuse of the Premisesor regulate or relateto the use of premisesin general,andregardlessof the cost thereof. Thejudgment of any court of competent jurisdiction,or the admissionof Tenant in any actionor proceeding againstTenant, whetherCitybe a party theretoor not, that any such requirement,ordinance,statute or regulationpertainingto the Premiseshas beenviolated,shallbe conclusiveof that fact as betweenCity andTenant. b. The term “Environmental Laws” shallbe deemedto include,without limitation,33 U.S.C.A.Section1251 et seq., 42 U.S.C.A. Section6901 et seq., 42 U.S.C.A. Section 7401 et seq., 42 U.S.C.A. Section9601 et seq., and CaliforniaHealthand Safety Code Section25100 et seq., and 25300 et seq., CaliforniaWaterCode, Section 13020et seq., or any successor(s) thereto,all local,state and federal laws,judgments, ordinances,orders,rules,regulations, codesandothergovernmentalrestrictions,guidelinesandrequirements,any amendmentsand successorsthereto,replacementsthereofand publications promulgatedpursuant thereto,whichdealwithor otherwisein any manner relate to, medicalor biological waste, air or water quality, air emissions,soil or ground conditionsor other environmentalmatters of any kind. c. Tenant agrees that duringthe Term of thisLease, there shallbe no use, presence,disposal,storage, generation,leakage,treatment, manufacture, import,handling,processing,release, or threatenedrelease of Hazardous Materialson, from or underthe Premises(individuallyand
collectively,“HazardousUse”) except to the extent that, and in accordance priorwrittenconsent,Tenant shallbe entitledto use and store onlythose HazardousMaterialswhichare (i) typicallyused in the ordinarycourse of businessin a museum or of?ce for use in the manner for whichthey were designed andin suchlimitedamounts as may be normal, customary and necessary for Tenant'smuseumand/or of?ce businessin the Premises,and (ii) Agenda Item #7.7:
in full compliance withEnvironmentalLaws, and alljudicial and administrativedecisionspertaining thereto.For the purposes of this Section 9~ A,the term HazardousUse shallincludeHazardousUse(s) on, from or under the Premisesby Tenant or any of its directors,officers,employees, shareholders, partners, invitees,agents, contractors, occupants, or subtenants (collectively,“Tenant's Parties”), whetherknownor unknownto Tenant, and whetheroccurring and/or existing during or priorto the commencement of the Term of thisLease.
. Tenant agrees that during theTerm of this Lease Tenant shallnot be in violationof any federal,state or locallaw, ordinanceor regulationrelating to industrialhygiene,soil,water, or environmentalconditionson, under or about the Premisesincluding,but not limitedto, theEnvironmentalLaws.
City shallhavethe right at all times during the term of this Leaseto (i) inspect the Premisesand to (ii) conducttests and investigationsto determinewhether Tenant isin compliancewiththeprovisions of this Section.Exceptin case of emergency, City shallgive reasonablenotice to Tenant before conductingany inspections,tests, or investigations.The cost of all such inspections,tests and investigationsshall be borneby Tenant if Tenant isin breach of Section9-A of this Lease.Neither any actionnor inactionon the part of City pursuant to this Section9-A shallbe deemedin any way to releaseTenant from, or in any way modify or alter,Tenant's responsibilities,obligations,and/orliabilitiesincurred pursuant to Section 9-A hereof.
Tenant shallindemnify,hold harmless,and, at City's option (with such attorneys as City may approve in advance and in writing), defend City and City's of?cers,electedof?cials,employeesand agents (“City Entities”)from and against any and all “Losses” (hereinafter de?ned) arising fromor related to: (a) any violationor alleged violationby Tenant or any of Tenant's Parties of any of the requirements,ordinances,statutes,regulationsor otherlawsreferred to in this Section 9-A, including,withoutlimitation,the EnvironmentalLaws; (b) any breachof the provisionsof this Section9-A by Tenant or any of Tenant's Parties; or (c) any HazardousUse on, about or from the Premises of any HazardousMaterial approvedby City underthis Lease.The term “Losses”shall mean all claims,demands,expenses, actions,judgments, damages(whether consequential,director indirect,knownor unknown, foreseenor unforeseen),penalties,?nes, liabilities,lossesof every kind and nature (including,withoutlimitation,property damage,diminutionin value of and any costs and expenses associatedwith injury, illnessor death to or of any person, suits, administrativeproceedings,costs and fees, including,but not limitedto, attorneys' and consultants'fees and expenses, and the costs of cleanup,remediation,removal andrestoration,that are in any way relatedto any matter coveredby the foregoing indemnity.
Agenda Item #7.7:
6, Section 12 of the Leaseis amendedin its entiretyto read as follows:
a. Tenantshall,at Tenant's expense,obtainandkeepinforce duringthe term of thisLease, a commercialgeneral liability insurancepolicy insuringTenant and protectingCityandthe City Entitiesagainst any liability to the public or to any inviteeof Tenant or a City Entityagainst the risks of, bodily injury and property damage,personalinjury, contractualliability, completedoperations, productsliability,host liquorliability, ownedand non-ownedautomobile liabilityarisingout of the ownership,use, occupancy or maintenanceof the Premisesand all areas appurtenant thereto.Such insuranceshallbe a combinedsingle limitpolicy in an amount not lessthantwo milliondollars ($2,000,000)per occurrence witha two milliondollars($2,000,000)annual aggregate. City and the CityEntitiesshallbe namedas additionalinsured(s).
Thepolicy shallcontaincrossliabilityendorsementswith coverage for City for the negligenceof Tenant even thoughCity is namedas an additional insured;shallinsureperformanceby Tenant of the indemnityprovisionsof thisLease;shallbe primary,not contributingwith,and not in excess of coverage whichCity may carry; shallprovidefor severabilityofinterest;shall provide that an act or omissionof one of the insuredor additionalinsureds whichwould void or otherwisereduce coverage shallnot void or reduce coverages asto the otherinsuredor additionalinsureds;and shallafford coverage aftertheTerm of thisLease (by separate policyor extensionif necessary)for all claimsbasedon acts, omissions,injuryor damagewhich occurredor arose (or the onset of whichoccurredor arose) in whole or in part during the term of thisLease.The limitsofsaid insuranceshall not limitany liabilityof Tenanthereunder.Not more frequentlythan every year, if, in the reasonableopinionof City, the amount of liabilityinsurancerequired hereunderis not adequate,Tenantshallpromptlyincreasesaidinsurance coverage as requiredby City.
b. Tenant shall carry Workers' Compensation insurance as required by law, includingan employers'liabilityendorsement.
c. Tenant shallkeepin force throughouttheTerm all otherinsurancepolicies reasonablyrequiredby the City’s poolingauthority.
7. Section 14of the Lease is amendedin its entiretyto read as follows:
herein (directly,indirectly,voluntarilyor involuntarily,by operationof law, or otherwise)or subletthe Premisesor any part thereof,or permitthe use of the Premisesby anyone otherthan Tenant withoutthe priorwrittenconsent of the City Manager ?rst being obtained.Any of the foregoing acts withoutsuch consent shallbe voidand, at the sole option of City, constitutean Agenda Item #7.7:
Eventof DefaultentitlingCityto terminatethisLease and to exerciseall otherremedies availableto CityunderthisLease and at law.
b. In the event thatTenant shoulddesireto subletthe Premisesor any part thereof,or assign this Lease,Tenant shallprovideCity withwrittennoticeof such desire at leastsixty (60) days in advance of the proposed effective date of such subletting or assignment. Such notice shall include:
'
(i)the name of the proposedsubtenantor assignee;
(ii)the nature of businessto be conductedby the proposed subtenant or assignee in the Premises;
‘ (iii) the terms and conditionsof the proposed assignmentor subleaseincluding but not limitedto a detaileddescriptionof all compensationin cashor otherwisewhich Tenantwouldbe entitledto receivein connectionwith such assignment or sublease;and (iv) the most recent ?nancial statements or other ?nancial informationconcerning the proposedsubtenantor assigneeas the CityManagermay require.At any timewithinthirty (30) daysfollowing receiptof Tenant's notice,the CityManager may by writtennoticeto Tenant electto:
(aa) consent to the proposedsublettingof the Premisesor assignmentof this Lease; or
(bb) disapproveofthe proposedsublettingor assignment.
c. The Tenant has an approvedUse Permit(datedMarch 14,2019) whichallowsthe Maysormave property to be used for primarilyfor a museum, but also forspecial events and of?ce._Cityshall not unreasonablywithholdits consent to a proposed subletting or assignment.
Withoutlimitingothersituationsin whichit may be reasonablefor City to withholdits consent to any proposed assigmnent or sublease,City andTenant agree that it shall be reasonablefor City to withholdits consent in any one or more of the following situations:
(i) in City's reasonablejudgment,the proposedsubtenantor assignee or the proposed use of the Premiseswould detractfrom the status of the structures on the Premises as historicaland usable for museum purposes or would generate foot traf?c or density materially in excess of the amount generated by Tenant's operationson the Premisesor would otherwisebe in excess of that customary for the structures on thePremises or wouldimposea materiallygreater loadupon janitorial,securityor otherservicesthan is generated by Tenant's businessor wouldotherwisebe in excess of that whichis customary for the Premisesor would violatethe Use Permitand/orits conditionsof approval;
(ii) in City's reasonablejudgment, the ?nancialworth of the proposedsubtenantor assignee does not meet the creditstandards appliedby City in considering othertenants under iii in Cit '3reasonablejudgment, the businesshistory and re utationin the community y P of the proposedsubtenantor assigneedoes not meet the standards appliedby City in considering othertenants in otherpropertiesowned by theCity.
Agenda Item #7.7:
(1.Subject to obtaining City's consent in accordancewiththe requirementsof this Section,in orderfor any assignmentor subleaseto be bindingon City, Tenant must deliverto City, promptlyafter executionthereof,an executedcopy ofsuch subleaseor assignmentwherebythe subtenantor assignee shallexpresslyassume all obligationsof Tenant underthisLease as to the portion ofthe Premisessubjectto such assignmentor sublease.Any purportedsubleaseor assignmentwillbe of no legal force or effect unless and until the proposedsubleasehas been consentedto, in writing, by the City Manager and a fully executedcopy thereofhas been receivedby City.
e. City andTenant agree that zero (0%) of any rent or otherconsiderationreceivedor to be receivedby or on behalf of or for the bene?t of Tenant as a result of any assignment or subletting,in excessof the basic rent and operatingexpenses andproperty taxes whichTenant is obligatedto pay underthisLease shallbe payableto Cityas additionalrent underthis Lease. f. Regardlessof City's consent, no subletting or assignmentshallreleaseTenant or any guarantor ofTenant, of its or their obligations,or alterthe primaryliabilityof Tenant and its guarantor(s), if any, to pay rent and to perform all other obligationsto be performedby Tenant hereunder.The acceptance of payments by City from any otherperson shallnot be deemedto be a waiverby City of any provisionhereof.Consent to one assignment or subletting shall not be deemed consent to any subsequentor furtherassignment,subletting,hypothecationor third-party use or occupancy. In the event of defaultby any assignee or successor of Tenant in the performanceof any of the terms hereof,Citymay proceeddirectlyagainst Tenant and/orits guarantor(s),if any, withoutthe necessity of exhaustingremedies against saidassignee or successor. City may consent to subsequentassignmentsor subletting of thisLease or amendmentsor modi?cationsto thisLease withassignees of Tenant, withoutnotifyingTenant and/orits guarantor(s),if any, or any successor of Tenant, andwithoutobtainingits or their consent thereto and such actionshall not relieve Tenant and/orits guarantor(s),if any, or any successor of Tenant of liabilityunder thisLease.
g. City shallhavethe unconditionalright to sell,encumber,pledge, convey, transfer, and/or assign any and all of itsrights and obligations underthe Leasewithoutthe consent of or notice to Tenant or any guarantor(s) of Tenant's obligationshereunder.
8. Section 24 is addedto theLease to read as follows:
Tenant shall protect, indemnity,defend (with counsel reasonably approvedby the City) and hold CityEntitiesharmlessfrom and against any and all loss,claims,damages, expense,liabilityor costs (includingcourt costs andattorney's fees) incurredby reason of (a) any damageto any property (includingbut not limitedto property of any City Entity)or any injury(including but not limitedto death)to any person occurringin, on or aboutthePremises,to the extent that such subtenantsor invitees(collectively,the “Tenant Entities”)to meet any standardsimposedby any duty withrespect to the injury or damage;(b)the conductor management of any workor thing whatsoeverdoneby the Tenant in or aboutthe Premisesor from transactionsof the Tenant concerningthe Premises;(c) Tenant's failureto comply with any and all governmental laws, ordinancesand regulations applicableto the conditionor use of the Premisesor its occupancy; or (d) any breachor defaulton the part of Tenant in the performanceof any covenant or agreement 7 Agenda Item #7.7:
on the part of the Tenant to be performed pursuant to this Lease; provided,however the foregoingindemnity shall not applyto any loss, claims,liability or costs to the extent arising in connectionwiththe solenegligence or willfulmisconductof the LandlordEntities.The provisions of this Article shall survive the termination of this Lease withrespect to any claims or liabilityaccruing priorto such termination.
9. Capitalizedterms used in this Amendmentshall have the same meanings such terms are given in the Lease. Except as speci?cally set forth herein,this Amendment shall in no way modify, alter or amend the remainingterms of the Lease, all of whichare rati?ed by the parties and shallremain in full force and effect. To the extent there is any conflict between the terms and conditionsof the Lease and this Amendment, the, terms and conditions of this Amendment will govern and control.
10.The signatoriesheretowarrant and represent that they have been duly authorizedby the entity which s/herepresents to execute thisAmendment andthat this Amendment is binding on the entity whichs/herepresents in accordancewith itsterms and conditions.
IN WITNESSWHEREOF, the partieshave executedthis Amendmenton the day and year ?rst written above.
City of Sonoma, a municipalcorporation Sonoma Historic Preservation League, a Californianon-pro?t
Name:6‘ V‘D(k/ Name: Alice P. Duffee'
\
Title: M W Title: President Board of Directors
Date: Q!
[IZ; Date: 9Z1 [20
Agenda Item #7.7:
Exhibit A: Use Permit for 291First Street East
Agenda Item #7.7:
1. Cityof SonomaPlanningCommission
CONDITIONSOF PROJECT APPROVAL
MaysonnaveUsePermit
291 FirstStreet East
March 14,2019
ThisUsePermitapprovalauthorizesthe use ofthe 1,400-squarefootMaysonnaveHouseanddetached CarriageHousefor an of?ce,museumandforspecialevents. The projectshall operate in substantial conformancewithapplicationmaterialssubmittedon February21, 2019, includingthe project narrative,projectplans,special events history,andproposedguidelines on Maysonnaveproperty use, except asmodifiedbythese conditions.
. Indemnity,Fee Notice,andTimeLimitations:
a. hmeeerdanee—wltirGevemment-GedeSectienWhe applicant/developerandany successor ininterest,whetherinwholeor in part,shalldefend,indemnify,and holdharmlesstheCityand its agents, of?cers, attorneys, and employeesfrom any claim,action,or proceedingbroughtagainst the City or its agents, of?cers, attorneys, or employeesto attack,set aside,void,or annul the ElgnnhigCommission’s gmision at issueheroin,includingany approypl of any portion of the project orthe enylronmentalreyieyydocument‘s)forthePro']eet,'l‘hisindemni?cationshallinclude damagesor fees awardedagainsttheCity,if any, costs cfsult, attorney's fees, and othercosts and expensesincurredin connectionwith suchactionwhetherincurredby the developer,the City, and/erpattiesinitiatingorbringingsuch action. . The applicant/developerand any ppceessor in interest,whethe:inwhole or in part, shall defend, indemnify,andholdharmlessthe City, itsagents, employees,andattoyncys for all costs incurred inadditionalinvestigationof or study of, or forsupplementing,preparing,redra?ing, reyising,or amending any document(incipded but not limitedto any environmentaldocumentor study), of madenecessaryby said legal actionandthe developerdesiresto pursue securingsuch ppproyal, after initiationofsuchlitigation,whichare conditionedon the approvalof such documentsin a formand underconditionsapproyedbythe CityAttorney,
. In the event that a claim, action, or proceeding describedin subsectionnumbera M above is brought,the Cityshallpromptly notify the developerof the existenceof the claim,action,or proceeding,andtheCitywillcooperate fullyin the defenseof suchclaim,action,or proceeding. Nothing herein shall prohibitthe City from participatingin the defenseof any claim,action,or proceeding;the Cityshallretainthe right to (i) approve the counsel to so defend the City,(ii) approve allsigni?cantdecisionsconccmlng themannerinwhichthe defenseis conducted,and(iii) approveanyand allsettlements,whichapprovalshallnot be unreasonablywithheld.TheCityshall alsohave the right not to participatein said defense,except thatthe Cityagrees to cooperate with thedeveloperinthedefenseofsaid claim,action,or proceeding.Ifthe Citychoosesto havecounsel of its own to defend any claim,action,or proceedingwhere the develOperhas alreadyretained counselto defendthe City in suchmatters, the fees andexpensesof the counselselectedby the City shallbe paid by theapplicant/developer.
10 Agenda Item #7.7:
=14thepcanad—aay—saeeessorLia-interesg—whetheHn—whele-er—in—partrshalidefead?ndemni?l; m?ddhaaalMeGity?tsagenmrempleyeesrandanemeysteHlteminwned—ia—addit-ienai invee?ga?eae?thudyefymLferzsappiemen?ngrprepmiegrredm?hrgrrevisingyeeameaéhrgeay deement??nade-neeessaw—by—said—legal—aetiemdthe-deveieper-desires—te-pursue-seeueingeueh appmaisre?epiaidadereef—saeh—hdgadewhieh-ar-Hendideaed-en—?re—apprevai—ethueh doesnaeatedna—fenn—aadaradeeeeadi?eneappreved’bytheaty?uemey:
. The applicant/developer andany successorininterest,whetherinwholeor inpart, indemnifiesthe City for all the City’s costs, fees, and damages which the City incurs in enforcingthe above indemni?cationprovisions.
Unless a shorterlimitationperiodapplies,thetimewithinwhichjudicial reviewof thisdecision must be sought is governedbyCaliforniaCodeof CivilProcedure,Section1094.6.
Theconditionsof projectapprovalset forthhereinincludecertainfees,dedicationrequirements, reservationrequirements,andotherexactions.Pursuantto GovernmentCodeSection66020(d)(l), the conditionsconstitutewrittennoticeof a statementoftheamount ofsuchfeesanda description of dedications,reservations,and other exactions.You arehereby?nther noti?edthat the 90-day approvalperiodinwhichyou may protest thesefees,dedications,reservations,andotherexactions pursuant to GovernmentCodeSection66020(a),hasbegun.If you fail to ?le a protest withinthis 90-dayperiodcomplyingwithalloftherequirementsof Section66020,youwillbe legallybarred ?'om laterchallengingsuchexactions.
Err?rr‘cemcnl Responsibility: PlanningDepal'lmen!q?erreview byCllyAttorney Timing: Prior to IssuanceofaBuildingPermit
. TheMnysonnaveHouse shalloperatein conformancewiththeprojectnarrative,except as modi?edby theseconditionsandthefollowing:
it.
b.
0. d.
e.
f.
Specialeventsshallbelimitedto amaximumof 6 largeoutdoorevents per year(andno morethan two [2]per month)andamaximumof 100guests per event.
Otherspecialevents shallbe limitedandshalloccurno more frequentlythan 26 weekendevents per calendaryear.In no case shallspecialevents occurno more thantwo timesper week.
Hoursof operationforgeneralpublicaccessshallnot exceedl1:00 can. to 10:00pm.
Homefor visitsby appointmentandby invitation-onlyfunctions(e.g.,League events, meetings, privateparties)shallnot exceed8:00am. to 10:00pm.
No ampli?ednoise is allowed.Noise shallbe in compliancewith Chapter9.56,Noise of the SonomaMunicipalCode.
Tire kitchenshallonlybe used bythe League for HistoricPreservationfor incidentaluse.If the kitchenis to be usedfor specialevents, reviewand approvalwouldbe requiredby the Sonoma CountyDepartment ofHealthServices. . Tire SonomaLeague for HistoricPreservationshallsubmitan annualspecialevent summary,
11. documentingcompliancewith the event limitationsto thePlanningDirectorfor schedulingbefore the PlanningCommission.
TheSonomaLeague forHistoricPreservationshallpreparea specialevent management planthat outlinestheoperationallimitsof the varioustypes of specialevents, noiserestrictions(including hoursof operation,theSonomaNoise Ordinance,and prohibitionson ampli?edmusicand sound), and directionsforparkingina formatthatiseasilydistributedto event attendees.Themanagement planshallcontaina listof preferred vendorsthatare informedof theoperationalimitations.The 11 Agenda Item #7.7:
Enforcemenl Respon?bllify: PlanningDepm'lnlcnl
Timing: Annualandongoing
4. The applicant/leaseshall maintaina single limitinsurancepolicy will) a $2,000,000limi; 1th is occurrencebasedandshallnametheGig and the applicantas additionalinsured.
Etybrccmen!Responsibiilw: PiannlngDepar/‘manl
Timing: Annualandongoing
12 Agenda Item #7.7:
EXHIBIT B: 291 First Street East, Sonoma,CA — AccessReport, 1/28/20 (CASE) Agenda Item #7.7:
This documentis an accessibilityinspectionreportforthe accessory structure, parking space, and interiorand exterior access routes sewing the structure locatedat 291 First Street East, Sonoma, CA.The structureis a one-story. wood-framedbuildingbuiltin 2003.currentlyutilizedas a Uoccupancy. and falls underADATitleIIregulations becaUSeitis owned or leased by a governmental agency. This building is accessory to a single-familydwelling,whichis listed on a historic buildingregistrylist.
Site inspection date: January 28.2020.
Except as otherwisenoted, these correctionsare requiredfor any proposed newwork or change of occupancy:
A. Site Arrivaland Parking:
1. Barrier: ExistingVan-accessibleparking space isingeneral compliance; however,access aisle borderis not painted blue, painted ISAon pavement within stall isfaded, van-accessibleparkingsignage is not mountedminimum60"AFF or grade and lacks ”MinimumFine $250" verbiage, there Isno additionalwarning sign locatedeitherinfront ofstall or at another conspicuous located along the vehicularway leadingto the accessible parkingstall.and there are pavement surface cracksand deformationswithinthe access aisle withslopes exceeding 2% in any direction.
Correction: 1.) Paintaccess aisle borderblueper CBC118-50233; repaint lSA withinstall per CBC 11B-602.6.4.1inwhitewitha blue background a minimumof 36”wide by 36" high withits centerline no more than 6" fromthe centerlineof the stall;raise parkingidenti?cationsign(s) to minimum60”AFFand add "Minimum Fine $ 250” verbiage per CBC 118-50262. 2.) Fillor othenlvisesmooth out surface Imperfectionsin access aisle to ensuremaximumslope deviations of 2% orless and repaint hatched linesas necessary. 3.) Installadditionalwarning sign infrontofstall(there does notappear to be anothersuitablelocation)measuring not less than 17 inches wideby 22 inches high stating withletters a minimum1 inch high: "Unauthorized vehiclesparked in designated accessible stalls not displaying distinguishing placards or special license plates issued for persons withdisabilitieswillbe towed away at owner’sexpense. Towed vehicles may be reclaimedat: or by telephoning
I!
Exhibit B: CASQRogert, 1/28/20 14
Agenda Item #7.7:
2. Barrier: Gate separating accessible parkingarea fromaccess route leading to site structuresmeasures 55 inches wide,lackskickplate on push-side. and has non-compliantoperating hardware.
Correction:Replace swinginggate leafwithonecompliantwithCBC1010.2 ‘(between 36 and 48 inchesinwidth),provide smooth surface on push-side of gate (kickplate)for Itsfullwidthand thatmeasuresminimum10 incheshighAFF per CBC118404.210. and .provldeoperatinghardwarethat is operable withone hand and that does not requiretightgrasping,pinchinglortwistingofthe wrist per CBC113-4042.?and 118-3094.Positionoperable parts ofsuch hardware 34 inchesminimumand 44 inches maximumAFF.
3. Barrier: Entrygate at front(main entrance) of property lacks kickplates on pushslde and compliantoperating hardware.[Revised3/14/2020] Correction: See item2 above. Note:verifyproposed repairsforcompliancewith historicalregistryrequirements.
ExteriorRoutes:
1. Barrier: Concrete walkways(access routes) leadingfromfront entrance and accessible parkingarea to accessory structurehas elevation changes exceeding 1/2Inchinseveral areas and a wayfinding sign indictingan incorrectdirectionto the structure.
Correction: Replace, resurface.orrepairsurfaces alongaccess routesso that elevationchanges are a maximumof “Ainchor V2inch witha 46 degree bevel per 086113-4032 and 118-302.Addsecond arrowshowingdirectionoftravelin opposite direction(toward accessory structure) at access route tee. Signage to complywith11B—703.5.
2. Barrier: Anabrupt change in level(over 4 inches) occurs at outdoor fountain area alongthe access route leadingto the bench.
Correction:Per CBC 113-3035, installa warning curb at least 6 inchesin height above the walkwaysurface and locatedimmediatelyadjacentto the abrupt change in level(on top ofthe retainingwall)or.per Exception2, installa guard or handrailwitha guardrail positioned 2 inchesminimumand 4 inches 15 ExhibitB:CASQReport, “28/20
Agenda Item #7.7:
Entrancesand interiorDeon/trays:
. Barrier: Mainentry slidingdooropeningforce measured at 9 pounds, operating and lockinghardware is not single-acting,is not operable withone hand, and requirestightgrasping, pinching.ortwistingofthe wristto operate.
Correction: Counter balanceor otherwiseoffset door weight so that it opens with5 pounds or less opening force per CBC 113-40423.Replace operating hardwarewithsingle-acting type that meetsthe requirements of CBC 113-309 and that is positioned between 34 inches minimumand 44 inches maximumAFF per CBC 11B-404.2.7.
. Barrier: Rear entrance has same issues as #1 above and has an exterior landingthatslopes morethan 2% away frombuildingand that does not extend under door operating hardwarewhen Inthe closed position.
Correction: 1.) ProvideminimumMoot-deep level(maximum 2% in any direction)exteriorlanding the fullwidthof the door opening, including the operating hardware, and installramp as necessary to serve the landing with maximum8.33%slope downto grade levelper CBC113-405 and 405.8, Exc. 4 (handrail exception). 2.) See corrections as foritem#1 above.
Barrier: Doublesliding doors leading intoproposed office area have same issues as for item#1 above.
Correction: See correctionsfor item#1 above.
. Barrier: Swinging door leading intobreak roomlacks 18-inchlatch-side clearanceon its pull-side (refrigerator and counter encroaches intorequired landing area).
Correction: Remove or alter buildingelements encroaching into required door landing or replace with compliant pocket (in-the-wallsliding) door meeting the requirements of 11B-404.2.
Restroom:
requires 10 pounds force to operate, toiletpaper dispenser is positioned 14 inchesInfrontoftoiletbowl,and mirrorabove lavatorymeasures44% inches AFFto the lowestre?ective surface edge. 16 Exhibit B: CASpReport, 1/28/20 Agenda Item #7.7:
Correction: Repositiontoiletso itis centered 17 to 18 inchesfromside wallper 11B-604.2. adjust or replace ?ush controlmechanismso it can be operated with 5 pounds or lessforceper 11B-604.6,repositiontoiletpaperdispenser 7 inches minimumand 9 inchesmaximumfromitscenteriineto frontoftoiletbowlwithits outletmeasuring 14 inchesminimumand 19 inchesmaximumAFF.Altermirror frame as necessary so that the bottomedge of the reflectingsurface is maximum 40 inchesAFF.
'
Kitchenette:
. Barrier: Sink rimheightmeasuredat 36-1/4inchesand itlacksroll-under provisionsand adequate knee andtoe space.
Correction: Reposition sinkso rlmheightis maximum34 inchesAFF and modify cabinetryso that knee and toe space is adequate to allowforroll-underuse per 11B-606.2and 113-306.Insulatewaste and hotwater riser pipes per 113-6065.
NOTE:correctionmay require use of an alternate sink unitwithdrain outlets locatedto the rear and sides of each bowlto allowfor adequate knee space.
GeneralComments:
. Barrier: Some general use electricalreceptacle outletswere noted at less than 15 inchesAFFto the bottomofthe outletbox.
Correction: Ensureallreceptacle and switchoutletsare positioned minimum15 inchesmeasured to the bottomofthe outlet boxAFF and maximum 48 inchesmeasureto the top ofthe outlet box per CBC 118-30811.
Report prepared by Fred Lustenberger, CASp#148
17 Exhibits-ens Re art] 820
Agenda Item #7.7:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Public Hearing to Introduce an Ordinance amending certain sections of Chapter 12.08 Tree Ordinance of the Sonoma Municipal Code and finding the Ordinance exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.
Summary
As part of the recent comprehensive fee study, the City requested information on potential inlieu fees. In-Lieu Fees are different than impact fees. An impact fee is imposed; whereas an inlieu fee provides the developer or applicant the option to mitigate the impact themselves or pay the City a fee “in-lieu” of mitigating that impact. The City of Sonoma, based on its municipal code, has the authority to charge in-lieu fees for parking and trees. At the June 3, 2026, City Council Meeting, impact fees were adopted for parking, trees and public art which triggered the need to amend the Chapter 12.08 Tree Ordinance and Chapter 19.51 Public Art Program.
Tree Ordinance Amendments
The most common in-lieu fee the City may see is for the replacement of trees. Chapter 12.08 Tree Ordinance currently requires a replacement factor of 1:1 ratio and a 15-gallon box size for each six inches of tree diameter being removed. This results in larger trees replaced by more than one tree. Some sites have limited space to plant the required trees, so an applicant has the ability to pay a fee in-lieu of planting the tree or to plant the tree on public property with the approval of the public works director. The amendment to this chapter will allow for these alternatives to planting on site to all tree removal permits, not just development projects as currently written. The additional change removes the identified amount of $100 from the ordinance and simply state the amount will be set by resolution of the City Council. The City Council recently approved an tree replacement in-lieu fee of $700.
Planning Commission discussed these amendments at the July 16, 2026, Planning Commission Meeting (Link to Agenda, Video, and Staff Report) and recommended approval of the Ordinance with no modifications. The Planning Commission did discuss concerns that the replacement factor of one 15-gallon box per 6 inches of diameter was not adequate and should be revisited. It also recommended looking at alternative valuation methods for tree removals as mature trees have a higher value than the cost to plant a new 15-gallon tree.
Environmental Review
City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The Ordinance is also exempt from CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment and is thus not a project under CEQA Guidelines Section 15378.
Agenda Item #8.1:
Recommended Council Action
Introduce an Ordinance amending Chapter 12.08 Tree Ordinance of the Sonoma Municipal Code and finding the Ordinance exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.
Alternative Actions
Propose modifications to the Ordinance.
Financial Impact
All funds collected in-lieu of replacing trees permitted to be removed will be placed in the Tree Fund and expended to fund tree-related educational projects and/or planting programs of the City.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft Tree In-Lieu Fee Ordinance
Agenda Item #8.1:
City of Sonoma
ORDINANCE #_____ - 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA AMENDING CERTAIN SECTIONS OF CHAPTER 12.08 TREE ORDINANCE OF THE CITY OF
SONOMA MUNICIPAL CODE AND FINDING THIS ACTION IS EXEMPT FROM
FURTHER ENVIRONMENTAL REVIEW UNDER THE GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(b)(3) THAT
CEQA ONLY APPLIES TO PROJECTS THAT HAVE THE POTENTIAL FOR CAUSING
A SIGNIFICANT EFFECT ON THE ENVIRONMENT
WHEREAS, on July 16, 2026, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments, considered public testimony, and made a recommendation to the City Council to approve the Ordinance; WHEREAS, the City Council conducted a duly noticed public hearing on ___________, to discuss and consider proposed amendments, considered public testimony, and introduced the Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
City Council finds the Recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. MUNICIPAL CODE AMENDMENTS
The following sections of Chapter 12.08 Tree Ordinance of the Sonoma Municipal Code are hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
A. Subsection (E) of Section 12.08.035 of Chapter 12.08 of the Sonoma Municipal Code is hereby amended as follows:
E. Tree Replacement Required Program. A person owning or controlling a new development project shall be required to replace trees designated for removal as part of the approval of the project or pay an in-lieu fee in accordance with Section
12.08.065. in accordance with the conditions of approval established by the review authority as follows:
1. Unless otherwise approved by the review authority, tree replacement shall occur on-site and shall, at a minimum, occur at a 1:1 ratio and a 15-gallon box size for each six inches of tree diameter removed.
2. If the development site is inadequate in size to accommodate the replacement trees, the trees may be planted on public property with the approval of the public works director.
3. Upon the request of the developer and the approval of the city council, the city may accept an in-lieu payment of $100.00 per 15-gallon replacement tree Agenda Item #8.1:
on condition that all such payments shall be used for tree-related educational projects and/or planting programs of the city.
B. Subsection (C) of Section 12.08.050 of Chapter 12.08 of the Sonoma Municipal Code is hereby amended to read as follows (underline is used to denote new text being added):
C. If the tree committee approves an application to alter, remove, or relocate a tree, it shall direct the public works director to issue a permit, subject to such conditions as the committee deems appropriate, which may include the planting of replacement trees or payment of an in-lieu fee in accordance with Section
12.08.065.
C. Subsection (C) of Section 12.08.065 of Chapter 12.08 of the Sonoma Municipal Code is hereby added as follows (underline is used to denote new text being added):
C. Tree Replacement Program. If the review authority approves the removal of tree(s), a tree replacement program shall be required as a condition of approval as follows:
1. Unless otherwise approved by the review authority, tree replacement shall occur on-site and shall, at a minimum, occur at a 1:1 ratio and a 15-gallon box size for each six inches of tree diameter removed.
2. If the site is inadequate in size to accommodate the replacement trees, the trees may be planted on public property with the approval of the public works director.
3. Upon the request of the developer, the review authority may accept an inlieu payment per 15-gallon replacement tree on condition that all such payments shall be used for tree-related educational projects and/or planting programs of the city. The amount of the in-lieu tree replacement fee shall be set by resolution of the city council.
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As the project is modifying the requirement for tree replacement and allowing an in-lieu fee to be paid without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
Furthermore, this ordinance will not cause a direct or indirect physical change to the environment and is therefore not a project under CEQA Guidelines Section 15378. The proposed ordinance is therefore exempt from CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.
Agenda Item #8.1:
SECTION 4. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 6. PUBLICATION
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 7. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT To the extent that this ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this ordinance will control.
PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the ____________, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Ron Wellander, Mayor
ATTEST:
Rebekah Barr, MMC, City Clerk
Date: ___________________________
Agenda Item #8.1:
Agenda Item #8.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP
Community Development Director
Agenda Item Title
Public Hearing to Introduce an Ordinance repealing and replacing SMC Chapter 19.51 Public Art Program and adding Chapter 3.45 Public Art Fund to the Sonoma Municipal Code and finding the Ordinance exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.
Summary
As part of the recent comprehensive fee study, the City requested information on potential inlieu fees. In-lieu fees are different than impact fees. An impact fee is imposed; whereas an inlieu fee provides the developer or applicant the option to mitigate the impact themselves or pay the City a fee “in-lieu” of mitigating that impact. The City of Sonoma, based on its municipal code, has the authority to charge in-lieu fees for parking and trees. At the June 3, 2026, City Council Meeting in-lieu fees were adopted for parking, trees and public art which triggered the need to amend the Chapter 12.08 Tree Ordinance and Chapter 19.51 Public Art Program.
Public Art Program Amendments
Chapter 19.51, entitled Public Art Program, established the public art fund that required funds to be contributed by City public works projects and the general fund. Currently, the code requires all public projects with a total valuation of over $250,000 to dedicate 1% to public art with no cap. In June, the City Council adopted a new in-lieu fee that would apply to a similar public art requirement for private development which requires amendments to Chapter 19.51 and to update the City Art Policy for the implementation of the Public Art Program and Fund before the in-lieu fee can be offered.
A draft ordinance was presented to the Planning Commission on July 16, 2026 (Link to Agenda, Video, and Staff Report) that proposed a requirement for new construction, remodeling, repair or reconstruction of commercial and/or multi-family (five units or more) development projects with a building permit valuation of more than $250,000 to install art equal to one percent of their total valuation or pay an in-lieu fee equal to that amount. The value of art can be spent on public art to be installed on site (required to be visible from the public right-of-way, not necessarily made accessible to the public) or contribute to a public art fund to be utilized under set policy standards to be adopted by the City Council at a future meeting.
Planning Commission discussed this requirement and the amount that triggers public art. It believes that the public art requirement has the potential to impact the development of housing and remodels of commercial properties. At the meeting it voted to recommend approval of the Ordinance with the modifications to remove housing developments from the requirement and raise the permit valuation to one million dollars ($1,000,000). These changes are seen in strikeout and underline in the attachment PC Ordinance Modifications.
Staff recognizes that the costs can impact a development so the ordinance proposes to exempt specific costs from the project valuation which is based off of the City of Napa's public art Agenda Item #8.2:
ordinance. These exemptions include development by nonprofit organizations available to the broad public, repair or reconstruction due to acts of nature or calamity, historic preservation, seismic retrofit and flood protection, fire sprinkler installation, and solar installation. At the Planning Commission meeting, the Commissioners also considered exempting one hundred percent affordable housing developments or all affordable units in a development project. The Planning Commission recommended City Council approve the exemptions as proposed with the removal of affordable housing from the exemptions based on the removal of the public art requirement for multi-family development. If City Council decides to require public art for multifamily development, then the Planning Commission recommends that all affordable units be exempted and that it only apply to multi-family development of 20 units or more to continue to incentivize small housing developments.
The draft ordinance also includes a new Chapter 3.45 Public Art Fund which is where portions of the existing Chapter 19.51 is being moved to under Title 3 of the Municipal Code, which generally covers revenue and finance. This includes the establishment of the Public Art Fund and the annual City allocation of one quarter of one percent of the City's general fund expenditure budget. Planning Commission considered merging these two ordinance sections into one but recommended approval keeping them separate as proposed by staff.
Environmental Review
City Planning Staff has determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Recommended Council Action
Introduce an Ordinance repealing and replacing SMC Chapter 19.51 Public Art Program and adding Chapter 3.45 Public Art Fund to the Sonoma Municipal Code with the proposed modifications by Planning Commission and finding the Ordinance exempt from the California Environmental Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines.
Alternative Actions
Propose modifications to the Ordinance.
Financial Impact
All funds collected in-lieu of providing public art will be placed in the Public Art Fund and expended to fund public art.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Draft Art In-Lieu Fee Ordinance
PC Ordinance Modifications
Agenda Item #8.2:
City of Sonoma
ORDINANCE #_____ - 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
REPEALING AND REPLACING CHAPTER 19.51 PUBLIC ART PROGRAM AND ADDING CHAPTER 3.45 PUBLIC ART FUND TO THE CITY OF SONOMA MUNICIPAL
CODE AND FINDING THIS ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL
REVIEW UNDER THE GENERAL RULE IN CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15061(b)(3) THAT CEQA ONLY APPLIES
TO PROJECTS THAT HAVE THE POTENTIAL FOR CAUSING A SIGNIFICANT
EFFECT ON THE ENVIRONMENT
WHEREAS, on July 16, 2026, the Planning Commission conducted a duly noticed public hearing to discuss and consider proposed amendments, considered public testimony, and made a recommendation to the City Council to approve the Ordinance with modifications that limit imposition of public art ordinance to commercial projects with a valuation over one million dollars; and
WHEREAS, the City Council conducted a duly noticed public hearing on ___________, to discuss and consider proposed amendments, considered public testimony, and introduced the Ordinance.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
City Council finds the recitals above are true and correct and are incorporated herein by this reference.
SECTION 2. MUNICIPAL CODE AMENDMENTS
Chapter 19.51 Public Art Program of the Sonoma Municipal Code is hereby repealed and replaced as set forth in Exhibit A, attached hereto and incorporated by this reference.
Chapter 3.45, Public Art Fund is hereby added to the Sonoma Municipal Code as set forth in Exhibit B, attached hereto and incorporated by this reference.
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENTS
Pursuant to Section 19.86.070(B) of the Sonoma Municipal Code, the City Council finds proposed amendments of the development code under this ordinance are as follows:
A. The proposed amendment is consistent with the goals, policies, and actions of the General Plan;
The City of Sonoma Development Code carries out the policies and implementation measures of the General Plan. The proposed amendment is consistent with Policy 5.9 to promote public art and specifically policy 5.9.1 to establish a public art ordinance of the Community Development Element of the General Plan and are therefore consistent with Agenda Item #8.2:
the goals, policies and actions thereof.
B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the city;
The proposed amendments further the promotion of public art which advances the public interest, and contributes to public welfare and convenience.
C. Comply with the provisions of the California Environmental Quality Act (CEQA) as described in Section 4 below; and
The amendments fall under CEQA Guidelines Section 15061 (b)(3) General Rule. The General Rule, also known as the “Common Sense Exemption” applies to projects in which it is clear and definitive that the project will not have any significant impacts on the environment. Furthermore, this ordinance will not cause a direct or indirect physical change to the environment and is therefore not a project under CEQA Guidelines Section 15378.
D. The proposed amendment is internally consistent with other applicable provisions of this development code; and
The proposed amendments is internally consistent with other applicable provisions of the Sonoma development code.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
This ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the city. City Planning Staff has determined that the adoption and implementation of the ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As the project is modifying the requirement for public art, allowing an in-lieu fee to be paid and reestablishing a public art fund without any physical project being approved, it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment. Furthermore, this ordinance will not cause a direct or indirect physical change to the environment and is therefore not a project under CEQA Guidelines Section 15378. The proposed ordinance is therefore exempt from CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Sonoma in accordance with CEQA Guidelines.
SECTION 5. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.
The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that Agenda Item #8.2:
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 7. PUBLICATION
This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 7. THIS ORDINANCE PREVAILS WHERE THERE IS CONFLICT To the extent that this ordinance conflicts with any other provision in the Sonoma Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this ordinance will control.
PASSED AND ADOPTED at a regular Council Meeting of the City Council of the City of Sonoma held on the ____________, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_________________________
Ron Wellander, Mayor
ATTEST:
Rebekah Barr, MMC, City Clerk
Date: ___________________________
Agenda Item #8.2:
Exhibit A
Chapter 19.51 Public Art Program
19.51.010 Purpose.
The purpose of the public art ordinance is to authorize, fund, and establish procedures for artworks in the public realm within the city of Sonoma. It seeks to guarantee the development of public artwork as a whole in the city, establish standards for the integration of public artwork into new private and public development projects, ensuring a closer relationship between the landscape, buildings, community, and art. A public art program provides community benefits by positively impacting property values, the local economy and vitality of the city by enhancing the visual and aesthetic quality of development projects and enhancing the economic sustainability of artists and arts organizations as a key to the city’s vitality. The chapter establishes a process for the community to work with artists, city officials, and other stakeholders to make Sonoma an even more interesting, memorable, and beautiful place to live, work, visit, and engage with art.
19.51.020 Definitions.
The definitions below shall apply to the following terms used in this chapter:
“Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, lighting, and computer-generated artworks. Public artwork may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art-designed infrastructure in the public space.
“Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and/or visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path. “Private development project” means all new commercial and mixed use (commercial portion only) development, and all remodeling, repair or reconstruction of commercial and mixed-use development exceeding $1,000,000 in cost within the city of Sonoma. To the extent that all or some portions of the new construction include one or more of the "exclusion items" identified below, those portions of the project shall be excluded from the definition of "private development project"; thus, those portions of construction shall not be subject to the requirements of this chapter:
A. Development undertaken by public entities or nonprofit organizations primarily dedicated to cultural activities available to a broad public;
B. Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;
C. Historic preservation or restoration;
D. Seismic retrofit or flood protection projects work items; E. Fire sprinkler installation work items as defined by this code; F. Solar (photo voltaic) system applications.
Agenda Item #8.2:
“Public art policy and guidelines” means the regulations recommended by the cultural and fine arts commission and approved by the city council which establish procedures to carry out the purpose of this chapter. The public art policy and guidelines shall include but not be limited to criteria for the selection of artists and artwork, framework for loan and donation agreements, procedures for the maintenance of a file of interested artists, procedures for artistic competitions, and requirements for the accession, maintenance, and deaccession of works of art. The cultural and fine arts commission may amend the guidelines from time to time with the approval of the city council.
“Public development project” shall include, but is not limited to, the construction or remodel of any city-owned building, structure, park, utility, street, sidewalk, or parking facility, or any portion thereof, within the limits of the city of Sonoma. “Public development project” does not include projects undertaken by any federal, state, or local government other than the city of Sonoma.
19.51.030 Art Installation Requirement.
A. Public Development Projects. All public development projects with total building permit valuation of $250,000 or more shall dedicate an amount equal to one percent of the total building permit valuation to be placed in the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. For public development projects with federal and/or state match requirements or grant-funded projects, one percent shall only apply to the city’s portion of the project funding.
B. Private Development Projects. All private development projects with a total building permit valuation of $1,000,000 or more shall dedicate an amount equal to one percent of the total building permit valuation data, as set forth in the International Conference of Building Officials (ICBO), for the acquisition of public artworks for permanent placement on-site in a public space consistent with city’s public art policy and guidelines. The developer may elect to satisfy the requirements of this subsection partially or in full through the payment of an in-lieu fee to the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. The amount of the in-lieu fee shall be set by resolution of the city council.
C. Compliance Required.
1. A building permit for any private development project shall not be issued unless and until full compliance with this chapter is achieved in one of the following ways:
a. The full amount of the in-lieu fee is credited to the Public Art Fund to be used as provided in SMC Chapter 3.45.
b. Written proof to the community development director of a contract to commission or purchase and install the required public art previously approved by the review body in a form approved by the community development director.
2. A certificate of occupancy for any private development project shall not be issued unless the approved work of art has been placed in an approved on-site location unless the developer has entered into an agreement and submitted a performance security in an amount determined by the community development director to be adequate to secure faithful performance of the commission and installation of the required public art and in a form acceptable to the city attorney.
19.51.040 Art Installation Policy.
The city council will establish by resolution a public art policy and guidelines to regulate the application, permitting, and installation requirements of the public art program.
Agenda Item #8.2:
Exhibit B
Chapter 3.45 Public Art Fund
3.45.010 Purpose.
The purpose of the public art fund is to authorize and accumulate a special revenue fund to receive, hold, invest, account for, and expend monies dedicated to the acquisition, commissioning, fabrication, installation, conservation, maintenance, interpretation, administration, and stewardship of public artwork. It seeks to guarantee the development of public artwork as a whole in the city, ensuring a closer relationship between the landscape, buildings, community, and art.
3.45.020 Definitions.
The definitions below shall apply to the following terms used in this chapter:
"Artist" means an individual or team of individuals recognized through education, training, exhibition history, professional experience, or peer recognition as practitioners in the visual arts. “Permanent installation” means artwork or art placed at a site, intended to remain at that site for at least 20 years.
“Public art fund” means a fund within the city of Sonoma budget into which all monetary contributions for public artwork shall be deposited.
“Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, lighting, and computer-generated artworks. Public artwork may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art-designed infrastructure in the public space.
“Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and/or visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path. “Temporary installation” means artwork or art placed at a site for a limited time period, typically less than twenty (20) years, after which it is removed, replaced, or allowed to degrade, according to an agreed-upon schedule.
3.45.030 Funding.
A. Establish a Public Art Fund. The city shall establish a special revenue fund designated as the “public art fund” for the deposit of gifts, bequests to the city for public artwork, and other funds for works of art in accordance with the public art program. The public art fund is used exclusively as a means of isolating and identifying all monetary transactions pertaining to the city public art program, including in-lieu fees under SMC 19.51.030. Appropriation of funds to support the public art program shall be made to the public art fund, consistent with the city’s Agenda Item #8.2:
budget cycle, capital improvement plan, and major capital projects identified by the city council.
B. Annual City Allocation. An amount equal to one-quarter-of-one percent of the city of Sonoma’s budgeted general fund expenditure shall be appropriated annually to the city’s public art fund. The city council reserves the right, in its sole discretion, to waive or reduce the annual allocation if the city’s financial situation does not allow for the funding to be set aside. The city council shall adopt such a waiver or reduction by adopting a resolution setting forth the findings for the waiver.
3.45.040 Accounting Requirements.
Funds collected pursuant to this chapter, together with any interest, shall be maintained and accounted for to avoid comingling of such funds with other revenue. The public art fund shall be expended solely for the purpose for which they were collected. Any interest earned by such an account shall be deposited in that account and expended solely for the originally collected purpose. The city council may, by resolution, adopt regulations to implement this chapter upon recommendation from the cultural and fine arts commission.
Agenda Item #8.2:
Proposed Planning Commission Modifications
(strikeout to be removed text and underline is added text) Chapter 19.51 Public Art Program
19.51.010 Purpose.
The purpose of the public art ordinance is to authorize, fund, and establish procedures for artworks in the public realm within the city of Sonoma. It seeks to guarantee the development of public artwork as a whole in the city, establish standards for the integration of public artwork into new private and public development projects, ensuring a closer relationship between the landscape, buildings, community, and art. A public art program provides community benefits by positively impacting property values, the local economy and vitality of the city by enhancing the visual and aesthetic quality of development projects and enhancing the economic sustainability of artists and arts organizations as a key to the city’s vitality. The chapter establishes a process for the community to work with artists, city officials, and other stakeholders to make Sonoma an even more interesting, memorable, and beautiful place to live, work, visit, and engage with art.
19.51.020 Definitions.
The definitions below shall apply to the following terms used in this chapter:
“Public artwork” involves visual artists working through the public art process creating original works in public spaces that include, but are not limited to, paintings, murals, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration, carving, frescos, mosaics, mobiles, photographs, drawings, collages, prints, crafts or other decorative and utilitarian works in clay, fiber, wood, metal, plastics, and other materials. Public artwork includes media works such as film, video, photo projections, lighting, and computer-generated artworks. Public artwork may be temporary as well as permanent. Public artwork projects also include artists serving on design and development teams to identify opportunities to incorporate art-designed infrastructure in the public space.
“Public space” means any place or property within the city limits which is open to the general public for its use, or which is in public view, or is generally accessible and/or visible to the public. If located on private property, the area must be clearly visible from adjacent public property such as a street or other public thoroughfare, sidewalk, or path. “Private development project” means all new multifamily development with five or more units, all remodeling, repair or reconstruction of multifamily development(s) exceeding $250,000 in cost, and all new commercial and mixed use (commercial portion only, unless residential portion of such development consists of a multifamily development) development, and all remodeling, repair or reconstruction of commercial and mixed use development exceeding $1,000,000 250,000 in cost within the city of Sonoma. To the extent that all or some portions of the new construction include one or more of the "exclusion items" identified below, those portions of the project shall be excluded from the definition of "private development project"; thus, those portions of construction shall not be subject to the requirements of this chapter:
A. Multifamily development that has a regulatory agreement with a government agency restricting occupancy to qualifying households not exceeding specified incomes for 100 percent of the units;
A. Development undertaken by public entities or nonprofit organizations primarily dedicated to cultural activities available to a broad public;
Agenda Item #8.2:
B. Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other calamity;
C. Historic preservation or restoration;
D. Seismic retrofit or flood protection projects work items; E. Fire sprinkler installation work items as defined by this code; F. Solar (photo voltaic) system applications.
“Public art policy and guidelines” means the regulations recommended by the cultural and fine arts commission and approved by the city council which establish procedures to carry out the purpose of this chapter. The public art policy and guidelines shall include but not be limited to criteria for the selection of artists and artwork, framework for loan and donation agreements, procedures for the maintenance of a file of interested artists, procedures for artistic competitions, and requirements for the accession, maintenance, and deaccession of works of art. The cultural and fine arts commission may amend the guidelines from time to time with the approval of the city council.
“Public development project” shall include, but is not limited to, the construction or remodel of any city-owned building, structure, park, utility, street, sidewalk, or parking facility, or any portion thereof, within the limits of the city of Sonoma. “Public development project” does not include projects undertaken by any federal, state, or local government other than the city of Sonoma.
19.51.030 Art Installation Requirement.
A. Public Development Projects. All public development projects with total building permit valuation of $250,000 or more shall dedicate an amount equal to one percent of the total building permit valuation to be placed in the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. For public development projects with federal and/or state match requirements or grant-funded projects, one percent shall only apply to the city’s portion of the project funding.
B. Private Development Projects. All private development projects with a total building permit valuation of $1,000,000 250,000 or more shall dedicate an amount equal to one percent of the total building permit valuation data, as set forth in the International Conference of Building Officials (ICBO), for the acquisition of public artworks for permanent placement on-site in a public space consistent with city’s public art policy and guidelines. The developer may elect to satisfy the requirements of this subsection partially or in full through the payment of an in-lieu fee to the Public Art Fund SMC Chapter 3.45 for the purposes set forth therein. The amount of the in-lieu fee shall be set by resolution of the city council.
C. Compliance Required.
1. A building permit for any private development project shall not be issued unless and until full compliance with this chapter is achieved in one of the following ways:
a. The full amount of the in-lieu fee is credited to the Public Art Fund to be used as provided in SMC Chapter 3.45.
b. Written proof to the community development director of a contract to commission or purchase and install the required public art previously approved by the review body in a form approved by the community development director.
2. A certificate of occupancy for any private development project shall not be issued unless the approved work of art has been placed in an approved on-site location unless the developer has entered into an agreement and submitted a performance security in an amount determined by Agenda Item #8.2:
the community development director to be adequate to secure faithful performance of the commission and installation of the required public art and in a form acceptable to the city attorney.
19.51.040 Art Installation Policy.
The city council will establish by resolution a public art policy and guidelines to regulate the application, permitting, and installation requirements of the public art program.
Agenda Item #8.2:
Agenda Item #8.2:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Parks & Recreation Department
Staff Contact
Dave Jahns, Parks & Recreation Director
Agenda Item Title
Consideration of a Resolution Authorizing the Field of Dreams Organization to Enter into a Multi-Year Agreement with Transcendence Theatre Company for Temporary Seasonal Use of the Field of Dreams During the 2027–2029 Summer Seasons Summary
Background
Transcendence Theatre Company’s (TTC) Broadway Under the Stars has taken place at the Field of Dreams location in Sonoma since 2024 and contributes to the City’s commitment to providing arts, culture, and community gathering opportunities. The Field of Dreams is a Cityowned recreational facility operated by the nonprofit Field of Dreams Organization (FOD) under lease from the City. City Council previously authorized temporary seasonal use of the Field of Dreams site for the 2024, 2025, and 2026 Broadway Under the Stars season. During that timeframe, FOD,TTC, and City staff have worked collaboratively to modify and enhance the space utilized for the performances in order to create a suitable performance space, meet the needs and goals of the overall Field of Dreams facility, and work towards mitigating sound impacts of the surrounding neighborhood.
By the end of the 2026 season, TTC is anticipating that it will have had approximately 18,000 patrons, volunteers, and staff attending its shows. In addition to the economic benefit realized from attendees frequenting local businesses and restaurants before and after shows, TTC makes a direct contribution to FOD, which directly supports youth sports programming and facility enhancements. Based on previous years trends this support is anticipated to continue at approximately $40,000 - $60,000 annually.
Building upon the progress of the last three seasons, TTC and the FOD have requested to enter into a multi-year agreement to coordinate and streamline planning efforts for future seasons. A multi-year agreement would provide benefits to all three partnering organizations including improving TTC's production planning and ability to secure future show rights, enhanced fundraising opportunities, stronger sponsorship outreach, and increased infrastructure development. FOD will be able to better coordinate sports league and community use of the facility, while enhancing their long-range vision for potential site improvements. Additionally, a multi-year authorization increases administrative efficiency while allowing City staff to focus annual review on operational issues through the Special Events Committee and established permitting process.
Based on the terms of the lease agreement between FOD and the City of Sonoma, City Council authorization is required for FOD to provide approval of use that is outside the specified uses within their lease agreement.
Discussion
Over the last month, staff has had discussions with representatives from the Boards of FOD and TTC and both are in agreement that an initial three year agreement would provide enough Agenda Item #9.1:
assurance to move forward strategically, while still providing enough flexibility to make modifications based on production changes, site needs, and community interest. The proposed agreement term authorizes seasonal use during the summers of 2027, 2028, and 2029. Specific performance dates, site plans, parking plans, safety plans, and operational details will continue to be submitted and reviewed annually, with the anticipated level of use and impact expected to be consistent with the 2026 season, which accounted for 26 total performance days, and 42 days that included amplified sound.
While the proposed agreement would authorize use of the Field of Dreams for outdoor theater performances for the multiple seasons, City oversight of the event will continue on an annual basis. Each year, TTC will be required to submit their series proposal for review through the City's established Park Use Permit Process, Special Events Committee review, and any additional approvals required by applicable City regulations. This annual review allows staff to evaluate operational performance, coordination with other community events, site-specific considerations, and any necessary modifications to event operations. This approach provides long-term planning certainty for the event organizers while preserving the City's flexibility to address changing conditions, operational improvements, and community needs. Consistent with the 2026 season, City staff will work collaboratively with TTC and FOD throughout future seasons to monitor operations and evaluate any ongoing or emerging impacts to the facility and surrounding neighborhood, identify opportunities for operational improvements where appropriate, and support the continued compatibility of the temporary performance venue with the community.
The City's Special Events Committee consists of staff representatives from the Fire, Parks and Recreation, Planning and Building, Police, and Public Works departments who provide interdepartmental review of major public events to ensure that public safety, traffic, accessibility, parks operations, and community impacts are appropriately coordinated.
The Committee’s review includes, but is not limited to, the following aspects:
Event calendar and scheduling compatibility
Community impacts and communication
Vendor, food service, and waste management Information Insurance requirements
Public safety and emergency operations plan
Fire prevention and emergency access plan
Site layout and occupancy
Parking and traffic management
Accessibility and circulation
Temporary structure plans
Site Inspections
Additional information deemed necessary by the City Manager or their designee.
Following Committee review, staff may recommend operational modifications or additional permit conditions before the City Manager's issuance of the annual special event permit.
Environmental Review (CEQA)
The proposed action is exempt from the California Environmental Quality Act (CEQA) pursuant to the same exemptions relied upon for previous approvals of the Broadway Under the Stars series.
Agenda Item #9.1:
The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15304 (Minor Alterations to Land), Section 15323 (Normal Operation of Facilities for Public Gatherings), and Section 15061(b)(3) of the CEQA Guidelines. The project is categorically exempt because it would entail a temporary use of land having negligible or no permanent effects on the environment. Additionally, the project consists of the normal operations of the Field of Dreams for a series of special events. The Field of Dreams has a history of being used for public gatherings, tournaments, sporting events, and music festivals, was designed for this purpose, and there is a reasonable expectation that future occurrences would not be a change in the operation of the Field of Dreams. Finally, the project is exempt because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Recommended Council Action
Authorize the Field of Dreams organization to enter into a multi-year agreement with Transcendence Theatre Company for temporary seasonal use of the Field of Dreams facility during the 2027–2029 summer seasons, subject to annual review through the City's Special Events Committee, Parks Use Permit process, and all applicable City requirements.
Alternative Actions
1. The City Council may authorize the agreement with additional conditions or limitations deemed appropriate.
2. The City Council may decline to authorize a multi-year agreement and instead continue considering annual requests for use of the Field of Dreams.
Financial Impact
Approval of the proposed Resolution does not include a direct appropriation of City funds.
Consistent with the City Council's action regarding the previous Broadway Under the Stars seasons, staff recommend waiving the Special Event application fees (approximately $1,794) and applicable building permit fees (TBD based on annual site logistics). Transcendence Theatre Company is responsible for all additional fees associated with their use of the Field of Dreams and accompanying public property.
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution FOD Agreement
Sonoma Valley Field of Dreams Restated Lease
Agenda Item #9.1:
City of Sonoma
RESOLUTION # ___-2026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA AUTHORIZING
THE FIELD OF DREAMS ORGANIZATION TO ENTER INTO A MULTI YEAR
AGREEMENT WITH TRANSCENDENCE THEATRE COMPANY FOR THE
TEMPORARY SEASONAL USE OF THE FIELD OF DREAMS FOR THE BROADWAY UNDER THE STARS SUMMER SERIES DURING THE 2027, 2028, AND 2029
SEASONS
WHEREAS, the City of Sonoma owns the recreational facility commonly known as the Field of Dreams, which is operated and maintained by the nonprofit Field of Dreams Organization pursuant to a lease agreement with the City; and WHEREAS, the Field of Dreams serves as an important community recreational facility while also accommodating civic, cultural, educational, and community events compatible with its primary recreational purpose; and
WHEREAS, Transcendence Theatre Company has partnered with the Field of Dreams Organization to present the annual Broadway Under the Stars summer performance series, providing arts and cultural programming for Sonoma residents and visitors since 2024; and
WHEREAS, the City Council previously authorized use of the Field of Dreams for the 2024, 2025, and 2026 Broadway Under the Stars season and established annual review through the City's Special Events Committee and Parks Use Permit process; and WHEREAS, the lease agreement between FOD and the City allows FOD to permit others to use the facility for temporary uses that fall outside those specified in the lease with prior approval by the City Council, including multi-year approvals provided the City Manager approval is obtained before each temporary use; and WHEREAS, the Field of Dreams Organization and Transcendence Theatre Company wish to enter into a multiyear use agreement; and
WHEREAS, authorizing a multi-year agreement improves planning efficiency, facility scheduling, and funding development opportunities while preserving the City's authority to review annual operations and establish permit conditions through the City’s established Parks Use Permit, applicable Building Permit, and Special Events Committee Review.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma as follows:
Agenda Item #9.1:
Section 1. The City Council authorizes the Field of Dreams Organization to enter into a three-year agreement with Transcendence Theatre Company for the Broadway Under the Stars Summer Series during the 2027, 2028, and 2029 seasons.
Section 2. The authorization is limited to seasonal theatrical use substantially similar to previously approved operations.
Section 3. Specific annual event dates, site plans, and operational plans, shall continue to require annual review and approval through the City's Special Events Committee and Parks Use Permit process.
Section 4. Consistent with the City Council's action for the 2026 Broadway Under the Stars season, Special Event application fees and applicable building permit fees associated with temporary event structures are waived. All other City fees remain the responsibility of the applicant unless otherwise approved by the City Council.
Section 5. The City Manager is authorized to execute documents and take administrative actions necessary to implement this Resolution.
PASSED AND ADOPTED by the City Council of the City of Sonoma, on August 5, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Ron Wellander, Mayor
ATTEST:
_________________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.1:
RESTATED LEASE
This restated Lease entered into at the City of Sonoma, Sonoma County, State of California, on �PfZ-lL. l7 _, 2007, between the CITY OF SONOMA, a municipal corporation, as Lessor, and THE SONOMA VALLEY FIELD OF DREAMS, a California corporation, as Lessee is the successor to the Lease originally entered into between CITY and Lessee on April 7, 1993.
For convenience, the parties will be referred to in this lease respectively as the "CITY" and the "LESSEE."
RECITALS
On April 7, 1993, CITY and LESSEE entered into an agreement whereby LESSEE leased from CITY a parcel of real property approximately 665 feet by 730 feet located on First Street West.
On June 8, 1994, and on March 16, 2005, the Indemnification provision of said lease was amended.
On October 7, 1998, the area of the leased premises was amended to include additional undeveloped property.
On April 7, 2003 and at all times thereafter, LESSEE was and remains a private, non-profit corporation organized under· the law of California and qualified for exemption · from federal income tax and State of California franchise tax. Its sole purpose is the creation and operation of a facility consisting of turfed areas and playfields in the City of Sonoma to be operated on a long-term basis for the benefit of young people who reside in and in the environs of the City of Sonoma.
On April 7, 2003 and at all times thereafter, the CITY made and continues to make no representation as to the suitability of the property described in Exhibit A for the purposes intended.
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Agenda Item #9.1:
Prior to and since April 7, 1993, LES SEE raised, and continues to raise substantial funds and obtained commitments for the payment to it of substantial funds and proceeded with the establishment of the intended playfield use in the City of Sonoma, and the City of Sonoma continues to deem the establishment and operation of such a facility as an activity partaking of the nature of a public use. Notwithstanding funding which may have been contributed by CITY to the construction of planned improvements on the premises or which may have been granted on a one-time basis in support of programs administered by LESSEE, there is absolutely no commitment from the City of Sonoma or any other public agency to fund any aspects of the creation or maintenance of said playfield, any improvements thereto or any associated uses and the LESSEE has not relied on any expectation of such funding.
The planned construction in 2007 of restroom facilities on a portion of the leased premises has caused the LESSEE and the CITY to restate the lease to incorporate all previous amendments and to incorporate provisions regarding the new restroom facility.
The CITY is willing to restate the lease for the property described in Exhibit A in consideration of the promises and the undertaking of the LESSEE, as stated in this lease, and upon the reservation of a nominal monetary rent, according to the terms and conditions stated below.
The parties therefore agree as follows:
1. Term of Lease. The CITY hereby leases to the LESSEE the real property described in Exhibits A and B attached hereto for a term of 55 years from and after April 7, 1993 through April 6, 2048, and the LESSEE, by execution of a copy of this restated lease and receipt of this lease executed by the Mayor or other authorized officer of the City of Sonoma, pursuant to resolution of its City Council, hereby takes the said property for the said term and will enter into possession thereof and will faithfully perform all of the terms, conditions, promises and undertakings stated as obligations of the LESSEE in the following paragraphs of this instrument.
Agenda Item #9.1:
2. Use of the Property The premises are leased to LESSEE for the following purpose or purposes, and for none other:
1. Construction and operation of playing fields primarily for the not for profit use of young persons in organized and adult supervised team sports. n. Such other uses which are incident and directly related to the uses permitted herein, incl�ding operation and maintenance of a restroom facility, as may be approved in writing after resolution of the City Council, which may be granted or withheld in the absolute discretion of the City Council. 111. Except in such times where LESSEE has expressly scheduled the use of the fields and associated property for team sports permitted herein or as otherwise provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, the property shall remain open to the use of other members of the public without fee or charge.
1v. Pursuant to paragraph 31 of this lease, the City Council may promulgate such other reasonable rules and regulations as it may deem fit with regard to the uses permitted by this paragraph.
Any other use of the premises than as set forth herein shall be a breach of the covenants and conditions of this lease.
In addition to any other act prohibited by this lease, LESSEE shall not do, commit, suffer, permit, nor allow upon the premises any act or thing which:
a. Will increase the existing rates of insurance on the premises. b. Will cause a cancellation of any policy of insurance covering the premises. c. Might be prohibited by the standard form of fire insurance policy. d. Will constitute waste upon the premises.
e. Will create a nuisance upon the premises.
f. Will disturb the quiet enjoyment of other tenants or the CITY upon the· premises retained by the CITY or leased to other tenants by the CITY. g. Will cause the claims of mechanics, artisans, or material men to become a lien upon the premises.
Agenda Item #9.1:
3. All Uses must be Lawful. No use other than that described in the paragraph above may be made of the property without the prior written consent of the CITY, and every use of the property must in all respects be lawful and not in violation of any valid law, ordinance or regulation of any federal, state, county, city or other governmental agency having jurisdiction. The LESSEE shall not at any time maintain, commit or permit the maintenance or commission of any nuisance, as now or hereafter defined by any statutory or decisional law, on the premises or any part of it. LESSEE shall not illegally discriminate against any person or class of persons in a manner that would be prohibited to the City of Sonoma were it operating the property.
4. Property Taxes; Responsibility of LESSEE. At the date of this lease, the premises are exempt from ad valorem real property taxation as being held for municipal purposes within the corporate limits of the City of Sonoma. The CITY makes no representation and gives no assurance that the LESSEE's interest will be similarly exempt whether under Section 214 of the Revenue and Taxation Code or otherwise. Real property taxes, if any, which may be assessed against the interest of LESSEE shall be paid by LESSEE when due, and LESSEE agrees that any transfer of its title, or threatened transfer of its title, for delinquent taxes shall constitute grounds for the immediate termination of this lease by the CITY and forfeiture of its interest.
5. Right to Contest Tax. No provision in the foregoing paragraph is intended to deprive LESSEE of its right to contest, oppose or object to the amount or validity of any tax, assessment or other charge levied upon or assessed against the premises or any part of the premises. In any such contest, it shall be the LESSEE's sole responsibility to obtain and maintain stay of all proceedings for enforcement and collection of such tax, assessment or other charge.
6. Utilities. Except as provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, the LESSEE shall pay for all utilities and services delivered to or for the benefit of the premises and shall hold the CITY free and harmless from all utility and service charges of every kind whatsoever.
Agenda Item #9.1:
7. Construction of Improvements Except as provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, all structural improvements to the property shall be considered temporary. The facilities to be constructed on the premises shall be at the sole cost and expense of LESSEE, and the CITY shall not be called upon to make any contribution to the improvements other than the transfer of the leasehold interest at nominal monetary consideration as provided for in the terms of this instrument. The parties recognize that an initiative measure of the people of the City of Sonoma prohibits the construction of permanent structures on this property.
Therefore no permanent structures shall be constructed on the property and LESSEE shall remove all structures from the property upon termination of this lease for whatever cause unless the retention of the structure is permitted by the City of Sonoma.
8. CITY Approval of Plans. Before any improvement is commenced upon the property, the LESSEE shall submit to the CITY for its review and approval all plans, specifications, drawings and other instruments prepared for construction purposes which shall show the proposed location of improvements upon the property. No improvements shall be placed upon or maintained on the premises that do not comply with plans, specifications and locations approved by the CITY, and following placement, no material additions to or alternations of any structure or improvement shall be made without the further consent of the CITY. All plans and specifications must be prepared by licensed architects or engineers. Plans for any structural work shall be checked by the CITY' s building official and inspected during construction utilizing the City's normal building permit process.
9. Nonresponsiblity of CITY for Liens. LESSEE will allow no new construction work of any kind to be commenced upon the property and.will allow no construction materials to be delivered to the property until at least 10 days after written notice has been given to the CITY, care of the City Manager, of the intended commencement of work or intended delivery of materials. The CITY shall at all times have the right to post and maintain on the said premises, and to record as provided by law, notice or notices of nonresponsiblity under the Mechanics Lien laws of California. The work prohibited by this paragraph until proper notice has been given includes construction work, any work
Agenda Item #9.1:
done for site preparation, utilities installation, street or sidewalk construction or any grading or filling on the said premises.
10. Contractors Bonds. Each general contractor employed by LESSEE to perform any construction services in or about the premises shall be required to deliver surety bonds in amounts equal to the contract price to secure faithful performance of the contract and to secure the payment of all claims for the performance of labor or services on, or for the furnishing of materials for, the performance of the contract. Labor for which there is no remuneration shall be exempt from this requirement. 11 Compliance with Law. All work performed upon the premises shall be done in accordance with all valid laws, ordinance, regulations and orders of all governmental agencies having jurisdiction. No buildings or improvements on the premises shall be occupied or utilized until the City of Sonoma has issued a final certificate of occupancy. No provision of this lease shall be deemed to imply or expressly allow the construction of structures on the property contrary to paragraphs 7 and 8.
12. Improvements are Part of the Realty. Any and all buildings and improvements placed or erected upon the premises, together with alterations, additions, improvements and fixtures, except movable furniture and furnishings, shall be considered part of the real property of the premises and upon expiration or sooner termination of the lease, shall remain on the premises and become the property of the CITY, unless required to be removed under paragraph 7.
13. Maintenance of Improvements by LESSEE Except as provided in paragraph 16, hereof, with respect to the operation and operation of a restroom facility, the LESSEE at its own cost and expense will keep and maintain the said premises and all improvements on them in safe and sanitary condition and in good order and repair. All landscaping installed upon the premises shall be kept in clean and attractive condition, properly watered and cultivated.
14. Damage or Destruction oflmprovements; LESSEE's Duty to Restore. Except as provided in paragraph 16, if during the term of this lease any buildings or
Agenda Item #9.1:
improvements on the premises are destroyed in whole or in part by fire, theft, the elements or other cause not the fault of the CITY, this lease shall continue in full force and effect provided the LESSEE at its own cost and expense shall repair and restore the damaged or destroyed improvements according to the original plan thereof or according to such modified plans as shall be approved in writing by the CITY. The work of repair or restoration shall be commenced within a reasonable time after damage or destruction occurs and shall be completed with due diligence after the work is commenced.
15. LESSEE's Election Not to Restore Damaged Improvements. Except as provided in paragraph 16, if improvements on the property are destroyed to an extent that makes replacement impossible or difficult, for lack of sufficient insurance proceeds or other good reason, LESSEE shall have the option of terminating this lease provided that it will remove at its own costs and expense all debris and remains of damaged improvements from the premises and if demanded by the CITY, will remove at its own cost and expense all other improvements and structures on the premises and restore possession of the premises to the CITY with all buildings removed, including foundations thereof, clean of all debris and rubble and in safe and sanitary condition.
16. Restrooms. Subject to the conditions set forth below, CITY shall at its sole expense construct a restroom, kennel and storage building, hereinafter "RESTROOM BUILDING," as described in Exhibit Bat the location depicted in Exhibit A.
1. LESSEE maintenance and repair obligations
a. LESSEE, at its sole expense, shall be responsible for the operation and maintenance of that portion of the RESTROOM BUILDING (restroom and ancillary storage room) that is accessible from the leased premises, including the following:
b. LESSEE shall maintain in an operable condition all interior electrical and plumbing, including fixtures, wiring, receptacles, switches, lighting, overcurrent protection, piping and conduits, serving the restroom portion of the RESTROOM FACILITIES. LESSEE shall maintain in an operable condition the exterior lighting and drinking fountains serving the restroom portion of the RESTROOM FACILITIES ..
c. LESSEE shall maintain and repair all interior finishes including flooring, wall finishes, doors, screened vent openings, ceilings, toilet partitions, mirrors, hardware, dispensers, shelving, signage, vandalism repairs and graffiti removal and all
Agenda Item #9.1:
other permanently installed equipment or items within the interior of the restrooms and the ancillary storage room.
d. LESSEE is responsible for operation of the restrooms including regular janitorial service, restroom paper supplies, cleaning supplies and cleaning equipment.
e. LESSEE is responsible for locking and unlocking the restrooms.
Except as set forth herein with respect to City-authorized events, restrooms shall be open only during those times when LESSEE has expressly scheduled the use of the fields and associated property for team sports as permitted herein. Restrooms shall be locked during non-daylight hours except when CITY-authorized special night-time events are held, during which times LESSEE agrees to make restrooms available to the general public at no cost to the CITY or the general public. LESSEE shall be responsible for maintaining and programming all locking mechanisms. LESSEE shall provide to the CITY access codes and keys for locking mechanisms to the restrooms and ancillary storage room.
f. LESSEE shall at all times maintain the restrooms, the restroom storage and the exterior areas west of the attached fence located between the Police Station and the Field of Dreams in a clean and sanitary condition. CITY shall provide sufficient trash receptacles and shall provide trash removal and disposal as needed to maintain clean and sanitary conditions within and in the exterior vicinity of the restrooms on the leased premises.
g. LESSEE shall maintain the area surrounding the building located to the west of the attached fence located between the Police Station and the Field of Dreams in a clean condition, free of storage of materials, items or debris.
11. CITY maintenance and repair obligations
a. CITY, at its sole expense, shall be responsible for the maintenance of the roof and structural framework of the RESTROOM FACILITIES. b. CITY at its sole expense, shall maintain and repair exterior walls, signage, roof vent openings, gutters, downspouts, skylights, walkways and other exterior finishes, including but not limited to vandalism repairs and graffiti removal of the RESTROOM FACILITIES.
c. CITY shall be responsible for the maintenance of the utility lines and fire sprinkler system serving the building, including the sewage pump. 111. Utility expenses
a. CITY shall pay all electric utility charges for the building.
Agenda Item #9.1:
b. LESSEE shall pay all sanitary sewer use fees for the building. c. LESSEE shall be responsible for paying 75% of the water use fees billed to the building and CITY shall be responsible for paying 25% of the water use fees billed to the building.
1v. Damage or destruction of improvements. If during the term of this lease the RESTROOM FACILITIES is destroyed in whole or in part by fire, theft, the elements or other cause, neither the CITY nor the LESSEE shall be obligated to repair or restore the damaged or destroyed improvements. Failure by either party to repair or restore the damage or destroyed improvements, or any part thereof, shall not constitute a breach or default. If LESSEE chooses to repair or restore the restroom facilities, LESSEE shall adhere to the provisions of Sections 7, 8, 9, 10 and 11 of this lease. If neither party chooses to repair or restore the damaged or destroyed improvements, CITY shall have the obligation to clean the area of all debris and rubble so that the area within the leased premises is returned to a safe and sanitary condition.
17. Liability Insurance. All organized groups, including but not limited to, Little League, Babe Ruth, Pop Warner Football or American Soccer Organization who apply or reserve use of the Field of Dreams facility shall provide, to the City Clerk, at least five ( 5) days before the event, proof of insurance naming, the City of Sonoma as an insured, and. shall comply with all REMIF requirements, This insurance and compliance with REMIF, at a minimum, shall consist of .a comprehensive policy of public liability insurance issued by an insurance company or companies acceptable to the CITY, insuring both the organization as well as the CITY against loss and liability caused by or connected with the organization's use of the premises. The amount shall be initially not less than one million dollars ($1,000,000.00) for injury or death to one or more persons and two hundred fifty thousand dollars ($250,000.00) for damage to or destruction of any property of other persons. The coverage thus provided shall be primary insurance and in the event of loss, shall be exhausted before any other carrier may be called upon to share in such loss. The amount of insurance shall be reviewed and may be increased by order of the City Council as provided in paragraph 30. Additionally, LESSEE shall obtain and
Agenda Item #9.1:
keep in force Worker's Compensation Insurance as required by law during the entire period covered by this lease.
18. Notice of Cancellation of Insurance. Any organization reserving or utilizing the Field of Dreams shall keep on deposit with the CITY at all times certificates of required insurance, and every insurance policy required by this lease shall contain a provision that it may not be canceled for any reason on less than 30 days prior written notice to the City of Sonoma, In the event that insurance has been canceled or otherwise is unavailable, any group not insured operating under the auspices of LESSEE shall make no further use of the premises until such time as insurance and compliance with the terms of this lease has been obtained.
19. Indemnity. The City of Sonoma shall hold the LESSEE harmless from and against any and all claims for personal injury (including death) or property damage, except that the CITY shall not indemnify the LESSEE for any claims arising out of any conditions of the property attributable to the use of the premises by Sonoma Jazz Plus.
20. Condemnation by Eminent Domain. If the property or any part of it shall be condemned for public use by any agency having the power of eminent domain, the award made for such taking shall be divided between the parties according to their agreement and if they cannot agree, shall be apportioned by a court of competent jurisdiction according to the respective interests of the parties,
21. Restriction on Assignment or Subletting. LESSEE may not assign, sublet, or otherwise transfer this lease or any interest in it without the prior written consent of the CITY, and any attempt to so transfer in violation of this restriction shall be null and void.
This lease has been negotiated and entered into for the express purposes stated in its recitals and paragraphs on use (paragraphs 2 and 3) and no assignment for any other purpose or use shall be permitted. Any involuntary transfer of the LESSEE's interest, by operation of law or otherwise, shall be void at the option of the CITY and if voided, shall terminate this lease. Consent, by the CITY to one assignment shall not be deemed consent to any subsequent assignment. In addition to their legal meanings, "assignment"
Agenda Item #9.1:
or "subletting" shall be deemed to include any and every contract or agreement whereby management and control of the day to day operations of the LESSEE's business is entrusted to anyone or entity other than LESSEE personally.
22. Temporary Uses. LESSEE shall not permit other persons or organizations to utilize the premises contrary to paragraphs 2 and 3. However, short term uses in the nature of licenses, but not tenancies, may be permitted with the prior approval of the City Council. LESSEE may submit a list of types of such uses which, if approved, may thereafter occur without prior specific approval of the City Council provided that approval is gained from the City Managers office before such temporary uses by a licensee. The City Council ( or the City Manager after prior approval of the City Council) may condition such uses on such reasonable terms and conditions as it may deem appropriate.
23. Default and Termination. Upon breach and default as provided herein or according to California law, and in addition to any other remedy or remedies given under this lease or by law, CITY, at its option, may declare a forfeiture of this lease, and may thereupon, without further notice enter and retake the premises and remove all persons and goods therefrom.
LESSEE shall not commit waste, create a nuisance, use the premises in violation of law, assign or sublet this lease of the premises in violation of LESSEE's covenants herein, CITY may treat each and every covenant of LESSEE as a condition and each breach is a breach of condition. All covenants and agreements contained in this lease are declared to be conditions of this lease. The insolvency of the LESSEE, if such results in or threatens to result in violation of the covenants or conditions of this lease shall be considered a breach of this lease.
In addition to any other method of termination permitted under this lease or California law, either party may at any time by written twelve (12) month notice terminate this lease with or without cause.
Agenda Item #9.1:
24. Waiver of Breach. The waiver by either party of any breach of any provisions of this lease by the other party shall not constitute a continuing waiver or the waiver of any subsequent breach either of the same or of a different provision.
25. Remedies Cumulative. No remedy afforded the CITY for breach shall be exclusive, whether given by the terms for this lease or by law but shall be cumulative with and in addition to all remedies which at the date of this lease and hereafter are allowed by law and provided for in this lease.
26. Non-discrimination. In utilizing the premises, in operating improvements, including the restroom facility, upon the premises, in providing services to persons upon the premises and in any activity which utilizes in any manner of the premises, the LESSEE shall act at all times without discrimination against any person or persons on account of race or racial origin, physical condition, national origin, sex,.religious or political affiliation or otherwise in any manner contrary to law or public policy.
27. Attorneys Fees on Litigation. In any litigation commenced between the parties to this lease concerning the premises, or the interpretation of this lease, or for the enforcement of rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in additional to its other relief, to a reasonable sum for attorney's fees to be determined by the court in such litigation or in a separate action brought for that purpose.
28. Binding on Successors and Assigns. This lease is binding on and shall inure to the benefit of the successors an assigns of each party.
29. Monetary Consideration. LESSEE shall pay to the CITY during the second calendar quarter of each year, beginning in April 1, 1993, and thereafter until termination, the sum of one dollar ($1.00) in cash, in legal tender, to be presented to the City Council at open public meeting with written report on its operations to the preceding April 1st.
30. Review and Revision of Liability Insurance Coverage. With reference to paragraph 17 concerning liability insurance by LESSEE, the minimum coverages and
Agenda Item #9.1:
policy form specified in paragraph 17 are subject to review at the end of every two (2) year period this lease remains in effect. On such review, the City of Sonoma shall preliminarily determine whether it considers the coverage adequate in light of the value of money, the cost of coverage, the experience of the parties during the preceding two (2) years with respect to claims, actions, settlements, judgments and other matters relevant to the question of adequate insurance coverage. If the City of Sonoma determines that the coverage is not adequate, it shall specify the coverage requested, and the LESSEE shall continue to satisfy the requirements of paragraph 17 by procuring and filing proof of such additional coverage as requested by the CITY. If the LESSEE does not agree, the parties shall attempt to settle the question by negotiation and appropriate modification of paragraph 17. However, if the parties are unable to agree after hearing before the City Council, the decision of the City Council shall be final.
31. Rules and Regulations. CITY may from time to time promulgate such reasonable rules and regulations for the use of the premises as CITY may determine are appropriate.
32. Entry by CITY. CITY reserves the right to enter the premises including the restroom facility at any time, without notice, for the purposes of inspection and posting notices of nonresponsibility. CITY need not give notice of exercise of this right. Nothing herein shall affect the ability of the City of Sonoma to enforce all appropriate laws and ordinances with regard to the use of this property, which shall generally be deemed a public place subject to the limited controls permitted under this lease
33. Prohibitions of Certain Uses. Except as provided in paragraph 16, hereof, with respect to the operation and maintenance of a restroom facility, no lights, fences, or permanent structures of any kind, except baseball backstops, shall be erected or permitted to exist on the premises unless first approved by the City Council.
34. Holding Over. Any holding over by LESSEE, after any term, extension, or renewal, with the consent of the CITY, shall be construed as a year to-year tenancy,
Agenda Item #9.1:
subject to all other terms and conditions of this lease, so far as applicable, except that any rental then reserved hereunder may be increased upon thirty (30) days notice in writing.
35. Notices. All notices to either party shall be in writing and shall be served upon the person being notified by personal service or by depositing such notice in the United States mail, certified, postage prepaid addressed to the party at the address given below, or by later notice:
CITY's address:
LESSEE' s address:
City Manager
City of Sonoma
#1 The Plaza
Sonoma, California 95476
Sonoma Valley Field of Dreams,
C./o C.�l!=t (\11,J).-&a.T\t,.I a California Co oration 'f.o. � q-z.c.,·
Sonoma, California 95476
36. Time is the essence of this lease,
37. Captions. The titles or headings to the various paragraphs are for convenience only and are not a part of this lease,
IN WITNESS WHEREOF, the parties have executed this lease by their officers duly authorized as of �\l-- \ 1..,2007.
CITY OF SONOMA, a municipal corporation,
CITY By:'1¼��
SONOMA VALLEY FIELD OF DREAMS, a
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Agenda Item #9.1:
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Agenda Item #9.1:
Field of Dreams Restrooms
Areas of Responsibility- Based on Draft Restated Lease Dated 1-23-07 Updated Januarv 24, 2007
ITEM
Initial Construction
Initial Building Construction Costs
Initial Grading and Site Drainage Improvements Around Building Utility Connection Fees
Maintenance
Exterior - Maintenance and repairs of Restroom/Kennel structure including:
• Structural building elements anq masonry
• Skylights
■ Roofing
■ Exterior caulking & sealants
■ Canopies and roof overhangs
■ Gutters & downspouts
■ Exterior flashing & sheet metal
■ Exterior siding and trim
■ Exterior doors, windows, screens and associated frames ■ Exterior graffiti removal and painting
■ Exterior signage
■ Exterior drinking fountains and hose bibs attciched to building ■ Exterior railings
• Exterior light fixtures.and electrical
■ Building water and electrical service laterals
■ Building sewer and sewage ejector system
■ Fire sprinkler system riser and building supply line
■ Fire sprinkler system, including fire sprinkler piping and heads located within the interior of the Restrooms.
■ Exterior ·louvers & vents
■ Exterior walkways.
• Maintenance of permanent fencing East of the Bike Path ■ Exterior vandalism.
City
✓
✓
✓
✓
Field of
Dreams
Agenda Item #9.1:
ITEM City Field of
Dreams
Interior -- Maintenance and Repair of Restrooms including:
■ Interior wall, floor and ceiling finishes, exposed trusses and trim ■ Door hardware and locking mechanisms
■ Interior flooring
■ Interior plumbing and plumbing fixtures,
•
Interior electrical ·fixtures, switches, lamps and branch circuit wiring . ■ Counter tops, cabi11ets, shelving and casework.
• Interior caulking & sealants ✓
■ Interior graffiti removal and painting
•
Interior specialties such as toilet partitions, mirrors, grab bars, paper dispensers, soap dispensers and other interior fixtures and accessories'. •
Interior signage
■ Interior water heater, equipment (if any).
■ Exterior light fixtures and electrical
• Interior vandalism to finishes and fixtures •
• Exterior site drainage
Ongoing Operational Items
Ongoing regular janitorial service. ✓
Restroom paper goods, cleaning supplies and other ongoing operational and maintenance ✓ supplies Trash and debris removal in restrooms and around Field of Dreams of side of building including ✓ regular trash pickup service.
Landscaping and irrigation around Restroom building (none currently proposed) ✓ Opening _and closing Restrooms (locking & unlocking) for Field of Dreams users and during City specified events (i.e. 41h of July, Jazz+, etc.) [Note that City is anticipating installing computer ✓ managed and programmable door locking mechanisms on the Field of Dreams Restroom entry doors for use by the Field of Dreams.]
Property Insurance ✓
Liability Insurance ✓ ✓
Water Usage Fees for the Restroom Building [Field of Dreams and City each pay their direct costs for water based on actual metered use.] ✓ ✓
Sewer Usage Fees for the Building ✓
Electrical Usage Fees for the Building ✓
All Other Utility Usage Fees for the Field of Dreams Site ✓ Property Taxes, If any. [The premises are currently exempt from property taxation since the property is being held for municipal purposes within the City of Sonoma. -EndAgenda Item #9.1:
City of Sonoma
Agenda Item Summary
Meeting: City Council - 05 Aug 2026
Department
Administration
Staff Contact
Cristine Alilovich, City Manager
David J. Ruderman, City Attorney
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Discussion, Consideration, and Possible Introduction of an Ordinance Amending Sonoma Municipal Code Section 2.01.020 Councilmember's Salaries to Increase Councilmember Compensation to $950 Per Month
Summary
At its meeting on July 15, 2026, the City Council received an informational report regarding Council compensation (also attached as Exhibit A). After considerable discussion about whether the monthly salary should be increased, a majority of the City Council indicated their interest in increasing the monthly Council stipend from the current $300 per month to $950 per month.
The Council's discussion focused on whether higher compensation would improve access to public service, help offset the costs of serving, and strengthen local governance, versus concerns about the budget impact and the lack of evidence that it would achieve those goals.
Reasons in support of an increase included:
Making public service more feasible for younger people, parents with children, lower-income residents, individuals on fixed incomes, caregivers, and others with significant financial obligations.
Encouraging a greater number of candidates to run for office by offering higher compensation.
Helping cover the real costs of serving on the Council, including gas and travel, meals while attending regional meetings, attending community events, and child or elder care expenses.
Aligning Council compensation with that of surrounding jurisdictions.
Reasons in opposition to an increase include:
A lack of evidence that increasing compensation would result in greater participation or encourage more people to seek office.
Questions about whether the proposed increase would be substantial enough to meaningfully influence an individual's decision to run for office. The additional impact on the General Fund at a time when the City continues to face financial uncertainty.
Members of the City Council requested additional data on the effects of implementing an increase under SB 329. Unfortunately, such data does not exist yet for several reasons.
Agenda Item #9.2:
First, the bill itself was not based on a large body of research. The Legislature's findings were based primarily on what are considered plausible policy arguments rather than conclusions supported by statewide studies.
Second, the law does not require any reporting or evaluation. SB 329 amended Government Code section 36516 by increasing the statutory salary caps and requiring two public meetings before adopting an increase. However, it does not require cities to report:
Whether they increased Council compensation.
By how much compensation was increased.
Whether the number or composition of candidates changed. Whether Council diversity changed.
Whether recruitment or retention of elected officials improved.
Without mandatory reporting, there is no statewide dataset from which researchers can measure the law's effects.
Third, implementation is entirely optional. SB 329 did not automatically increase anyone's salary. Each general law city must adopt its own ordinance if it chooses to increase Council compensation. As a result, there is no single statewide "before and after" event that researchers can evaluate.
Fourth, it is still too early to measure many of the bill's intended outcomes. It was suggested that higher compensation could improve representation by making public service more accessible to people from a wider range of income levels. Because the law took effect on January 1, 2024, only a limited number of municipal election cycles have occurred, making meaningful statistical analysis difficult.
Staff also contacted other cities throughout California, including neighboring jurisdictions, to determine whether they had collected any information regarding the impacts of SB 329. No additional data or studies were identified.
Recommended Council Action
Introduce the ordinance.
Alternative Actions
Council discretion.
Financial Impact
The current City Council salary totals $3,600 annually per Councilmember, or $18,000 annually for the five-member City Council. If the ordinance is ultimately approved, the additional annual cost to the City's General Fund would be $39,000, bringing the total annual Council compensation to $57,000.
For Fiscal Year 2026-27, the immediate impact to the General Fund would be an additional $19,500, as the increase would not take effect until January 1, 2027.
Environmental Review Status
Agenda Item #9.2:
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Council Pay Ordinance
Exhibit A - 07.15.26 Agenda Report - Council Compensation - Pdf Agenda Item #9.2:
451936.1
City of Sonoma
ORDINANCE #_____ - 2026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONOMA
AMENDING SECTION 2.01.020 TO THE SONOMA MUNICIPAL CODE TO INCREASE
COMPENSATION FOR MEMBERS OF THE CITY COUNCIL
WHEREAS, in 2023, the California Legislature adopted Senate Bill (SB) 329, which amended Government Code section 36516 to increase the maximum compensation authorized for council members serving in general law cities. For cities with populations of 35,000 or fewer, including the City of Sonoma (estimated population 10,739), the maximum authorized compensation is now $950 per month, subject to adoption of a local ordinance; and WHEREAS, the City of Sonoma has maintained the same compensation for Councilmembers of $300 per month since its establishment by Ordinance #06-2007 in 2007; and WHEREAS, the City Council of the City of Sonoma now finds increased compensation necessary and desirable to more closely align the City of Sonoma City Council salary with other neighboring cities, address rising inflation and costs of living, account for increased costs in serving in public office, ensure that Council service is not reserved only for those who can afford it, and create more access for underrepresented members of the public to pursue public office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference.
SECTION 2. Code Amendment. Section 2.01.020(A) of the Sonoma Municipal Code is hereby amended to read as follows (strikeout is used to denote existing text being deleted; underline is used to denote new text being added):
2.01.020 COUNCILMEMBERS’ SALARIES
A. Each member of the council shall receive, as salary, the sum of nine hundred and fifty dollars $300.00 per month, as prescribed in Section 36516 of the Government Code for cities of up to and including thirty-five thousand in population payable at the same time and in the same manner as the salaries are paid to other officers and employees of the city.
SECTION 3. CEQA Findings. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it establishes compensation, with no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsections, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the cat that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Agenda Item #9.2:
451936.1
SECTION 5. Effective Date. This ordinance shall take effect thirty (30) days after passage thereof. However, the increased compensation provided by this Ordinance shall not take effect until the commencement of the terms of one or more councilmembers elected or reelected at the regular election in the City on November 3, 2026.
SECTION 6. Publication. This ordinance shall be published in accordance with the provisions of Government Code section 36933, subdivision (c)(1).
SECTION 7. This Ordinance Prevails Where There is Conflict. To the extent that this Ordinance conflicts with any other provision in the Sonoma Municipal Code or City ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.
INTRODUCED and first read at a regular meeting of the City Council on the ____ day of _______ 2026.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Sonoma this _____ day of ________ 2026.
_______________________________________
Ron Wellander, Mayor
ATTEST:
_______________________________________
Rebekah Barr, MMC, City Clerk
******
I HEREBY CERTIFY the foregoing ordinance was introduced in a Regular Meeting of the City Council of the City of Sonoma held on the ________, 2026, and was duly adopted at a Regular Meeting of the City Council of the City of Sonoma held on the ______, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________
Rebekah Barr, MMC, City Clerk
Agenda Item #9.2:
449497.1
City of Sonoma
Agenda Item Summary
Meeting: City Council - 15 Jul 2026
Department
Administration
Staff Contact
Cristine Alilovich, City Manager
Rebekah Barr, MMC, City Clerk
David Ruderman, City Attorney
Agenda Item Title
Receive Informational Report Regarding Council Compensation Summary
The current compensation for Sonoma City Council Members is $300 per month, as established by ordinance and effective in 2008. Although Government Code section 36516 has long authorized annual increases of up to five percent, the City has not adopted any adjustments since that time. As a result, Council Member compensation has remained unchanged for approximately 18 years.
In 2023, the California Legislature adopted Senate Bill (SB) 329, which amended Government Code section 36516 to increase the maximum compensation authorized for council members serving in general law cities. For cities with populations of 35,000 or fewer, including the City of Sonoma (estimated population 10,739), the maximum authorized compensation is now $950 per month, subject to adoption of a local ordinance.
SB 329 also authorizes the Council to approve future annual adjustments based on inflation, subject to statutory limits. The legislation does not require a city to increase compensation or adopt future adjustments; rather, it provides local agencies with additional flexibility to establish compensation at a level determined appropriate by the legislative body. Cities may not enact an ordinance that provides for automatic future salary increases.
The enactment of SB 329 reflects the legislature's recognition that compensation for local elected officials in many California communities has not kept pace with the increasing responsibilities of serving as an elected official or the effects of inflation. This legislation provides local agencies with greater flexibility to establish compensation levels that reflect local priorities and circumstances.
Prior to the enactment of SB 329, Government Code section 36516 authorized cities to increase council member compensation by up to five percent annually. Although the City of Sonoma was authorized to adopt those increases, no adjustments were made following the establishment of the current $300 monthly compensation in 2008.
During the same period, inflation has reduced the purchasing power of the current stipend while the responsibilities associated with serving on the City Council have continued to increase.
Had the City Council adopted the maximum allowable increase each year since 2008, their compensation could have increased as follows:
Current council member compensation: $300 per month
Maximum annual increase: 5%
Agenda Item #9.2:
449497.1
Cumulative allowable increase: $270 per month
Maximum 2026 compensation under the previous statutory methodology would have been: $570 per month
This calculation is provided for historical context only and does not establish or limit the Council's authority under current law.
Government Code section 36516 authorizes, but does not require, the City Council to increase council member compensation up to the statutory maximum established by SB 329. For the City of Sonoma, that maximum is currently $950 per month.
Following adoption of a new base compensation amount, Government Code section 36516(a)(4) provides two methods for future adjustments:
1. Government Code section 36516(a)(4)(A): An amount equal to five percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. Interest under this provision is not compounded.
2. Government Code section 36516(a)(4)(B): An amount equal to inflation since January 1, 2024, the California Consumer Price Index, not to exceed ten percent for each calendar year.
These statutory provisions provide flexibility for the Council to either adopt periodic incremental adjustments or authorize less frequent adjustments that reflect cumulative allowable increases over time.
Council compensation varies among California cities based on population, governance structure, and local policy decisions. Since the enactment of SB 329, a number of neighboring and comparable jurisdictions have reviewed and increased council compensation. The majority of neighboring jurisdictions have chosen to increase council compensation to the maximum amount of $950 per month. The following examples are provided for general policy context.
Government Code section 36516(d) further provides that employer contributions toward retirement or health insurance benefits are not considered salary, and reimbursement of authorized expenses is excluded from the statutory definition of salary.
Agenda Item #9.2:
449497.1
Council Policy Considerations
Council member compensation can affect who is realistically able to serve as an elected official.
Although City Council service is often described as part-time, it can require many hours each month for agenda packet review, Council meetings, committee assignments, regional meetings, community events, constituent communication, and preparation. These responsibilities often occur during evenings, weekends, or regular work hours, which can create real financial impacts for residents who are not retired, or self-employed with flexible schedules, or supported by an employer.
For many potential candidates, serving on the City Council may mean taking unpaid time off work, reducing work hours, arranging transportation, or paying for childcare, elder care, or other household support. These costs can be especially burdensome for working parents, hourly workers, renters, younger residents, small business owners, caregivers, and people with lower or moderate incomes. As a result, lower levels of council compensation may unintentionally limit the pool of people who can afford to serve, even if they have the experience, commitment, and community perspective needed for the role.
Increasing compensation would not eliminate all barriers to public elected service, and it is not the only factor in a person’s decision to run for office. However, a more meaningful stipend can help offset some of the real costs of serving and make elected office more accessible to a broader range of residents. This, in turn, may encourage a more diverse candidate pool that may better reflects the community’s range of income levels, professions, family responsibilities, ages, and lived experiences.
SB 329 provides the City Council with greater flexibility to establish compensation at a level it determines appropriate. The Council is not required to adopt the statutory maximum and may establish compensation at any amount up to that limit.
In considering whether to adjust compensation, the Council may evaluate a variety of policy considerations, including:
The length of time since the last adjustment;
The increased responsibilities and time commitments associated with Council service; The purchasing power of the current stipend;
Compensation provided by comparable jurisdictions;
The City's fiscal condition and budget priorities; and Whether Council compensation appropriately reflects the responsibilities and public service expectations associated with elected office;
The extent to which compensation may reduce financial barriers to public service and encourage a broader pool of candidates representing a wider range of income levels, professions, and lived experiences; and
Whether increased accessibility to public office may contribute to broader representation on the City Council over time.
Voluntary Donation of Council Compensation
In 2022, the City Council of Sonoma adopted Resolution 04-2022, a policy permitting council members to voluntarily donate some or all of their council compensation to qualified nonprofit organizations or governmental entities, if they so choose. Accordingly, any adjustment to council compensation would not require an individual council member to personally retain the additional compensation.
Agenda Item #9.2:
449497.1
Implementation Requirements
Should the City Council elect to adjust council compensation, Government Code sections 36516 and 36516.5 establish the following requirements:
The increase must be adopted by ordinance.
The ordinance must be considered at two separate City Council meetings held at least seven days apart.
The proposed ordinance and supporting findings must be presented in open session before adoption.
Because the City of Sonoma conducts staggered Council elections, any increase would not become effective until at least one Council Member begins a new term of office. Under the current election schedule, this would occur following the 2026 General Municipal Election.
Any future compensation adjustment must be separately authorized by ordinance. The Council may not adopt an ordinance providing for automatic future salary increases.
Recommended Council Action
Provide feedback and direction to staff.
Alternative Actions
This is an informational item. However, the City Council could provide direction to staff regarding interest in adjusting the salary amount, amount of increase, and timing of increase.
Financial Impact
Any increase in council member compensation will result in additional General Fund expenses.
Pursuant to Government Code section 36516.5, any increase would become effective only after at least one council member begins a new term of office following the 2026 General Municipal Election.
For reference, the approximate annual General Fund cost of several compensation levels is shown below:
Monthly Compensation Increase Approximate Annual Cost
Current - $300 N/A N/A
$625 +$325 Approximately $19,500
$950 +$650 Approximately $39,000
For additional context, each $100 increase in monthly council member compensation represents approximately $6,000 in annual General Fund expenditures for all five Council Members.
The City has sufficient General Fund reserves to absorb the cost of a compensation adjustment, should the City Council determine that an increase is appropriate. Adoption of an increase remains a policy decision balancing fiscal priorities with the Council's goals regarding compensation, recruitment, and public service.
Agenda Item #9.2:
449497.1
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #9.2: