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Agenda, regular meeting

Sonoma City Council
August 19, 2026

Document
Agenda, regular meeting
Meeting
August 19, 2026
Body
Sonoma City Council
Pages
178
Original file
13.1 MB
Text extracted from the city's file for reading and search. Open the original on sonomacity.civicweb.net. That file is the official record.

City Council:

Ron Wellander, Mayor
Sandra Lowe, Vice Mayor
Jack Ding
Patricia Farrar-Rivas
John Gurney

REGULAR MEETING AGENDA

OF THE SONOMA CITY COUNCIL
City Council Chambers, 177 First Street West
Wednesday, August 19, 2026
https://us06web.zoom.us/j/84876986131
6:00 PM Regular Meeting

ACCESSING PUBLIC MEETINGS
As a public service to the community, City Council meetings are held in-person, and viewable through a live webcast on the City’s CivicWeb Portal at https://sonomacity.civicweb.net/Portal/Video.aspx, City of Sonoma YouTube channel at https://www.youtube.com/channel/UChZjUrg2rNLYxTgQHhFy-Tg, and televised on Comcast Cable Channel 27. Members of the public can also view the meeting via ZOOM, at https://us06web.zoom.us/j/84876986131.

If a technical issue arises with Zoom video or the listening phone dial-in option, the City Council meeting will continue unless a Council Member is participating remotely pursuant to the provisions of Government Code Section 54953.8.3.

Members of the public who wish to address the Council by providing public comments during the meeting may do so in-person in the Council Chambers at 177 First Street West, where the meeting is being publicly held. As an alternative, members of the public may also provide written public comment submitted via the City’s online Public Comment form at https://sonomacity.civicweb.net/Portal/CitizenEngagement.aspx or by email to:
[email protected]
PROCESS FOR COMMENTS FROM THE PUBLIC: There will be two opportunities for members of the public to address items not appearing on the agenda. The early public comment period, Agenda Item 1, will be limited to ten speakers. Each speaker will be allowed up to two minutes. Speakers who do not have an opportunity to speak during the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section. When the Mayor announces these agenda items, please form a line to speak.

In the event a Council Member participates remotely for just cause Government Code Section 54953.8.3, the City will allow for public comment through the Zoom link.

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

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

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

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

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REGULAR MEETING

CONVENE, CALL TO ORDER & PLEDGE OF ALLEGIANCE
ROLL CALL (Lowe, Gurney, Ding, Farrar-Rivas, Wellander)

REPORT ON CLOSED SESSION

APPROVAL OF THE AGENDA

1. COMMENTS FROM THE PUBLIC
At this this time members of the public may address the Council on matters not listed on this agenda, but which are within the subject matter jurisdiction of the Council. This public comment period will be limited to ten speakers. Each speaker will be allowed up to two minutes.

Speakers who do not have an opportunity to speak during the first public comment section will be allowed to make their comments during the later public comment period, Agenda Item 10, provided there were more than 10 people in the first public comment section. When the Mayor announces these agenda items, please form a line to speak.

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

2. MEETING DEDICATIONS

3. COUNCILMEMBERS’ REPORTS AND COMMENTS
Committee Reports - Council Members are appointed to various boards and committees - local, county-wide and regional. Any updates from a council member will be shared at this time.

A list of all appointments is available on our City Website for easy reference.

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

4. INTERIM CITY MANAGER COMMENTS AND ANNOUNCEMENTS

5. CITY ATTORNEY COMMENTS

6. PRESENTATIONS

6.1: "Celebrate Sonoma" - Presentation of Certificate of Recognition to Bob Taylor

6.2: Proclamation Designating August 26, 2026, as Women's Equality Day in the City of Sonoma

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

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

7.2: Accept the Expenditure Report for the Month of July 2026. (Ryan Kodama, Accounting Manager)
RECOMMENDATION: Accept report.

Agenda Report - Expenditure Report, July 2026 - Pdf
5 - 12

7.3: Accept the Quarterly Investment Report for the Quarter Ending June 30, 2026. (Ryan Kodama, Accounting Manager)
RECOMMENDATION: Accept the report.
13 - 36

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Agenda Report - Quarterly Investment Report for Quarter Ending June 30, 2026 - Pdf

7.4: Adopt a Resolution Authorizing the Interim City Manager to Execute a Purchase Agreement for a New 2026 GEM© e2 White Electric Vehicle with a 8kW Lithium Battery, in an Amount Not to Exceed $30,000 as Approved in the FY 26/27 Budget. (Brandon Cutting, Police Chief)
RECOMMENDATION: Adopt the resolution.

Agenda Report - Purchase of 2026 GEM© e2 Electric Vehicle - Pdf 37 - 40

7.5: Adopt 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 Quality Act (CEQA) Pursuant to Section 15061(b)(3) - General Rule - of the CEQA Guidelines. (Jennifer Gates, AICP, Community Development Director & Dave Jahns, Parks and Recreation Director)
RECOMMENDATION: Adopt the ordinance.

Agenda Report - Adoption of Ordinance Tree In Lieu Fee - Pdf 41 - 46

7.6: Adopt a Resolution Authorizing the Interim City Manager to Execute a Contract with Murga, Strange & Chalmers, Inc., in an Amount Not to Exceed $75,000 to Provide On-Call Concrete Services as Needed, Subject to Legal Review. (Ashley Cotter, Public Works Administrative & Project Manager) RECOMMENDATION: Adopt the resolution.

Agenda Report - Murga, Strange & Chalmers On-Call Concrete Services - Pdf 47 - 64

7.7: Adopt a Resolution Authorizing the Interim City Manager to Execute the First Amendment to the Professional Services Agreement with Bureau Veritas Technical Assessments, LLC for $4,781.78, for a Total Contract Value of $69,395.81. (Ashley Cotter, Public Works Administrative & Project Manager) RECOMMENDATION: Adopt the resolution.

Agenda Report - Bureau Veritas Technical Assessments, LLC Contract Amendment - Pdf
65 - 70

7.8: Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with National Plant Services, Inc., in an Amount Not to Exceed $150,000 for Storm Drain Condition Assessment Services. (Elif Myers, Environmental Compliance Analyst) RECOMMENDATION: Adopt the resolution.

Agenda Report - Storm Drain Condition Assessment Contract Award - National Plant Services, Inc - Pdf
71 - 108

7.9: Receive City Clerk's Certification That There are Not More Candidates than Offices to be Elected for Districts 3 and 5 at the General Municipal Election on November 3, 2026, and Adopt a Resolution Providing for the Appointment to the Offices of Districts 3 and 5 in This City That Were to be Elected on Tuesday, November 3, 2026 (Rebekah Barr, MMC, City Clerk) RECOMMENDATION: Receive the City Clerk's Certification and adopt the resolution.

Agenda Report - District 3 & 5 Appointment & Election Cancellation - Pdf 109 - 113

8. PUBLIC HEARING

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

9.1: Study Session to Discuss Draft Ordinance for Mobilehome Park Closures and 114 - 173

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Conversions Under the City of Sonoma Municipal Code and Recent Legislative Changes Under AB 2782 and SB 610. (Jennifer Gates, AICP, Community Development Director)
RECOMMENDATION: Provide direction to City staff to incorporate into the draft ordinance.

Agenda Report - Study Session to Discuss Mobile Home Ordinance - Pdf

9.2: Discussion, Consideration, and Possible Adoption of an Ordinance Amending Sonoma Municipal Code Section 2.01.020 Councilmember's Salaries to Increase Councilmember Compensation to $950 Per Month (Monique Saviez Burns, CPMC, CMC, Deputy City Clerk)
RECOMMENDATION: Adopt the Ordinance Amending Sonoma Municipal Code Section 2.01.020 Councilmember's Salaries to Increase Councilmember Compensation to $950 Per Month
Agenda Report - Ordinance Adoption - Council Compensation - Pdf 174 - 178

10. SECOND PUBLIC COMMENT (ONLY REQUIRED IF EARLIER PUBLIC SPEAKERS

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

Under State Law, unless otherwise permitted under the Ralph M. Brown Act, the merits of the matters presented under this item cannot be discussed or acted upon by the City Council at this time. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. Please begin by stating your name.

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

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

Appointments to Commission/Committees: The Council may establish and make appointments to a Council committee (made up of two Council Members) with respect to any item appearing on this agenda.

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

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

NOTE: Portions of this document may have been drafted with support from AI-based tools, consistent with City of Sonoma policy on use of artificial intelligence. All information represented in this document has been reviewed by City of Sonoma staff.

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Finance
Staff Contact
Ryan Kodama, Accounting Manager
Agenda Item Title
Accept the Expenditure Report for the Month of July 2026.

Summary
The attached report shows disbursements by fund for the month of July 2026.

Several departments in Fund 100 (General Fund) have higher percentages of budget vs actual due to the allocation of one-time lump sum payments for the annual CalPERS unfunded accrued liability (UAL). Paying the UAL as a lump sum in July rather than in monthly installments will save the City approximately 3.3% on interest charges.

Fund 217 (SLESF COPS Grant) and Fund 715 (Pool Scholarship) expended 100% of their budgets as a result of budgeted transfers to the General Fund. No further expenses are planned in these funds in FY2026-27
Fund 510 (Water Utility) is at 21% of budget vs actual due primarily to $1.4 million in budgeted one-time transfers to other funds. These transfers include $700,362 to the General Fund for water tank leases and cost allocation overhead, $655,000 to Fund 512 (Water CIP) for capital projects, and $46,501 to Fund 501 (Cemeteries) for the water tank lease in Mountain Cemetery.

A detailed list of disbursements is available at the website indicated at the bottom of the report.

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
Monthly Payables Report, July 2026
Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Agenda Item #7.2:

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Attachments
Fund Disbursement Report July 2026
Fund Glossary
Alignment with Council Goals:

Agenda Item #7.2:

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DISBURSEMENT REPORT JULY 2026
Year to Date Monthly Year to Date Annual Percent of Fund Fund Revenue Expenditure Expenditure Budget Budget Balance General Fund 30000 29,064,865 972,646 3% 14,649,664
City Council 41001 2,277 2,277 150,653 2%
City Clerk 41002 63,943 63,943 553,939 12%
City Manager 41003 130,775 130,775 1,262,004 10%
Finance 41004 84,454 84,454 1,152,857 7%
City Attorney 41005 - - 300,000 0%
Police 42101 491,819 491,819 7,981,117 6%
Fire 42201 1,509,495 1,509,495 8,541,005 18%
Public Works - Admin 43020 66,562 66,562 680,991 10%
Public Works - Streets 43022 183,924 183,924 1,622,750 11% Parks & Recreation 43023 204,072 204,072 1,910,834 11%
Planning 43030 119,141 119,141 1,297,090 9%
Building 43040 141,308 141,308 1,271,379 11%
Community Activities 43101 197,086 197,086 1,510,618 13% Successor Agency 43199 13,481 13,481 153,169 9%
Non-Departmental 43200 48,355 48,355 796,600 6%
Emergency Response 43201 6,687 6,687 131,673 5%
Public Information 43203 26,747 26,747 226,806 12%
Transfers 43999 150,000 150,000 652,077 23%
Total General Fund Expenditures 3,440,126 3,440,126 30,195,562 11% Other Funds
Public Education & Gov 202 - - - 40,000 0% (55,260)
Strong Motion 203 - 3 - - 0% 7,054
Asset Forfeiture 211 - - - - 0% 17,884
SLESF C.O.P.S Grant 217 130,000 - 130,000 130,000 100% 283,271 Bond Property 220 - - - - 0% (19,144)
Maysonnave Property 221 - - - - 0% (15,195)
Schell Drainage 234 - - - - 0% 75,311
Abandoned Vehicle 240 - - - 16,000 0% (41,393)
Streets/Transport/Drain 301 - 75,617 - 75,000 0% 171,676 Gas Tax 302 11,936 - 11,936 431,761 3% 654,087
SB-1Road Maint 303 - - - 250,000 0% 716,762
Parks & Facilities 304 - 50,000 - 50,000 0% 403,796
Fire Measure H 312 - - - 708,000 0% 2,728
Transportation Measure M 313 - - - 58,000 0% 329,855
Parks-In-Lieu/Quimby Act 314 - - - 121,200 0% 23,278
Parks Measure M 315 - - - 136,450 0% 782,785
Prop 68 Parks 316 - - - - 0% (162,690)
Successor Agency 391 - - - 2,598,772 0% (17,711,161)
CREBS 495 - - - - 0% -
2012 POB 498 - - - - 0% (5,197)
Cemeteries 501 56,358 83,022 56,358 625,926 9% (2,196,805) Cemetery Replacement 502 - - - - 0% 288,613
Cemetery Endowment 504 - 6,006 - - 0% 744,627
Water Utility 510 1,640,301 827,932 1,640,301 7,804,360 21% 10,367,516 Water CIP 512 - 655,000 - 500,000 0% 1,812,781
Water Equip Replacement 513 - - - - 0% 747,625
EMS Equip Replacement 521 - - - - 0% 87,172
Mgmt Information Srvcs 601 61,600 47,404 61,600 598,871 10% 476,861 Vehicle Replacement 603 - 33,898 - 360,350 0% 1,744,296 Insurance 604 - - - - 0% 52,169
Building Maintenance 610 - 42,417 - 275,000 0% 3,997,370 Computer Loan 614 - - - - 0% 66,961
Hardscape Maint 615 - - - - 0% 27,212
Admin Hearings 620 - - - - 0% 1,009
Grants Restricted 630 - - - - 0% 39,879
Culture Fine Art 701 - - - - 0% 12,681
Tree Trust 702 - - - - 0% 19,963
Public Art 703 - 25,000 - 35,000 0% 121,324
Pool Scholarship 715 25,000 - 25,000 25,000 100% 160,388 Senior Housing 731 - - - - 0% 196,180
Housing Trust 732 - - - - 0% 2,859,957
Fire Impact 790 - - - - 0% 3,491
IGT 796 81,951 - 81,951 1,283,616 6% 1,850,210
SVFRA Operations 798 - - - - 0% 625,098
TOTAL 5,447,271 2,818,944 5,447,271 46,318,868 12%
Monthly disbursement detail reports can be found at www.sonomacity.org/financial-documents Agenda Item #7.2:

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City of Sonoma

CITY OF SONOMA

FUND DESCRIPTIONS
General Fund (Fund 100): The general operating fund of the City is used to account for all financial resources except those that require accounting in another fund.

Public Education & Government (Fund 202): Special revenue fund accumulates fees from telecommunication operators to support public, educational and government telecommunications, including broadcasting public meetings. Costs associated with acquiring equipment, renovating and constructing PEG-related facilities and broadcasting are paid from this fund.

Strong Motion (Fund 203): Accounts for State of California "strong motion" fees paid by building permit applicants. Funds are paid regularly to State Department of Conservation.

Asset Forfeiture (Fund 211): Accounts for funds received from seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate, crime. Funds are expended according to legal restrictions.

SLESF (Supplemental Law Enforcement Services Fund)/COPS (Citizen Option for Public Safety) (Fund 217): Supplemental law enforcement funding is distributed by the State to the County which passes through the funding to local agencies. These funds have traditionally been used to support the costs of the Community Service Officer staff in the Police Department.

Bond Property (Fund 220): The Bond Property, a six acre parcel located at 19990 Seventh Street, was bequeathed to the city in 1977 by Pauline Bond, for the purpose of “creating and maintaining a public park” and is now home to the Sonoma Garden Center. The parcel is leased to the Sonoma Ecology Center who maintains the property and administers public programs at the site. Not Currently Active Fund Maysonnave Property (Fund 221): The Maysonnave Property, consisting of two parcels of land totaling

1.44 acres located at 291 and 289 First Street East, was bequeathed to the city in 1990 by Henri Maysonave for the purpose of “creating and maintaining a public park”. The parcel at 291 First Street East is leased to the League for Historic Preservation who maintains the property and administers public programs at the site while the parcel identified as 289 First Street East is leased to the Valley of the Moon Petanque Club, which maintains the property and administers public programs at that site. Not Currently Active Fund
Schell Drainage (Fund 234): Accounts for funds used for tracking of mitigation fees for specific projects.

Not Currently Active Fund
Abandoned Vehicle (Fund 240): Accounts for funds received from the Sonoma County Abandoned Vehicle Abatement (SCAVA) program and must be expended in compliance with legal restrictions.

Streets/Transport/Drain (Fund 301): This Capital Improvement Fund represents a transfer of funds from the General Fund to support improvements to the City's streets, sidewalks, bikeways, and storm drainage system.

Agenda Item #7.2:

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City of Sonoma
Gas Tax (Fund 302): The State of California imposes per-gallon excise taxes and sales taxes on gasoline and diesel fuel, and registration taxes on motor vehicles with allocations dedicated to transportation purposes. Gas taxes can be used for any street or road purpose; however, it is best practice to focus on maintenance and rehabilitation costs only.

SB-1 Road Maintenance (Fund 303): The Road Repair and Accountability Act of 2017 (SB1) increased pergallon excise taxes and sales taxes on gasoline and diesel fuel, and vehicle registration taxes, stabilized price-based fuel tax rates and provided for inflationary adjustments to rates in future years. Funds may be used for road maintenance and rehabilitation, safety projects, “complete street” components, and traffic control devices.

Parks & Facilities (Fund 304): This Capital Improvement Fund represents a transfer of funds from the General Fund to support improvements to the City's 17 parks encompassing nearly 40 acres, nine play structures, two public restrooms, Class I bike trails, hiking trails, a duck pond, and a rose garden. Park needs that exceed the capacity of City and contract workers are included in this fund.

Fire Measure H (Fund 312): Sonoma County measure uses a ½ cent countywide sales tax to improve fire services.

Transportation Measure M (Fund 313): The Traffic Relief Act for Sonoma County (Measure M) provides for a ¼ cent sales tax that is apportioned to local jurisdictions to maintain their streets, as well as other County-wide street, highway, transit, and safe bicycle and pedestrian routes.

Parks-In-Lieu/Quimby Act (Fund 314): The 1975 Quimby Act (California Government Code §66477) authorized the City to pass ordinances requiring developers set aside land, donate conservation easements, or pay fees, which can only be used for new and rehabilitating existing parks and recreational facilities and cannot be used for the operation and maintenance of park facilities. The City currently has a parkland dedication (exaction) requirement as a condition of approval for Tentative Subdivision Maps or Tentative Parcel Maps.

Parks Measure M (Fund 315): Sonoma County Parks Improvement, Water Quality and Fire Safety Measure (Measure M) is a one-eighth cent sales tax that supports Sonoma County’s regional and city parks Prop 68 Parks (Fund 316): Known as the California Clean Water and Safe Parks Act, Proposition 68 allocates funds to construct and rehabilitate parks, implement water improvements for safe drinking water, increase recycling and flood protection, and encourage climate change adaptation projects.

Successor Agency (Fund 391): The City of Sonoma has elected to serve as the Successor Agency to the Sonoma Redevelopment Agency, which was dissolved by the State through the Redevelopment Dissolution Act in 2012. The City as Successor Agency receives pass through revenue when property taxes are remitted to the City by the County via RPTTF (Redevelopment Property Tax Trust Fund). The City then makes authorized payments from Successor Agency for expenses, such as debt service costs, contract services for contracts issued before the dissolution of the development agency, and other expenses, including legal services.

CREBS (Clean Renewable Energy Bonds) (Fund 495): Bonds to pay for solar projects at the Police Station and Corporation Yard. Not Currently Active Fund
Agenda Item #7.2:

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City of Sonoma
2012 POB (Pension Obligation Bond) (Fund 498): Bond issued to refund the City’s side fund loan obligations to the California Public Employees’ Retirement System (CalPERS). Not Currently Active Fund Cemeteries (Fund 501): Accounts for funding to support the City’s three cemeteries’ operations and maintenance, including burial and inurnment preparation and coordination, cemetery improvements, tree hazard assessment and abatement, grounds maintenance, mausoleum maintenance, road maintenance, and vandalism abatement.

Cemetery Replacement (Fund 502): Not Currently Active Fund Cemetery Endowment (Fund 504): The Cemetery Endowment Fund was created to record the income received from Cemetery sales that is designated as endowment care. The City’s Municipal Code defines endowment care as the general maintenance of the City’s three cemeteries that is necessitated by natural growth and ordinary wear.

Water Utility (Fund 510): This enterprise fund is responsible for the delivery of high quality, dependable water service for a variety of needs including consumption, irrigation, and fire protection. It operates and maintains 3 active City-owned tanks with a combined storage capacity of 5.5 million gallons, 7 production wells and appurtenant treatment facilities, 2 pump stations with a combined 140 horsepower maximum output, 56 miles of active water main ranging from 8” to 14” in diameter, 513 fire hydrants, and approximately 4,500 active service connections
Water Construction in Progress (CIP) (Fund 512): This Capital Improvement Fund represents a transfer of funds from the Water Utility Fund to support improvements to the City's drinking water infrastructure.

Projects include replacing aging water mains and appurtenances (e.g. tees, crosses, couplers, saddles, valves), neighborhood-scale water service replacement projects, renewing tank coatings and corrosion control systems, replacing well or pump station equipment, replacing Supervisory Control and Data Acquisition (SCADA) systems and equipment, improvements to well and pump station buildings (e.g. replacing roofs or electrical systems).

Water Equipment Replacement (Fund 513): Accounts for costs to replace water equipment. Not Currently Active Fund
EMS Equipment Replacement (Fund 521): Accounts for costs to replace EMS equipment.

Management Information Services (Fund 601): The fund provides a mechanism for funding the operational costs, maintenance, and planned replacement of installed computer systems, equipment, software, telephone systems and other critical electronic office equipment through annual transfers from other City departments and funds.

Vehicle Replacement (Fund 603): Accounts for costs to replace vehicles based on a depreciation schedule.

Costs are distributed among user departments and transferred as approved in the annual budget process.

Insurance (Fund 604): Account from which liability, property, earthquake, vehicle, and other insurance premiums are paid. Funding is transferred from other City departments and funds on a pro rata share.

Not Currently Active Fund
Agenda Item #7.2:

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City of Sonoma
Building Maintenance (Fund 610): The fund allows the City to set aside funding received through annual transfers made by other City departments and funds for future replacement or repair of certain items in City owned and maintained facilities.

Computer Loan (Fund 614): Created by the City Council in 2000 and funded by an initial transfer of $50,000 from the Employee Benefit Fund, this fund provides low interest loans to employees for the purchase of computers for both personal and professional use. Loans must be repaid through payroll deductions within two years.

Hardscape Maintenance (Fund 615): Accounts for the City's hardscape maintenance reserve programs.

Not Currently Active Fund
Administrative Hearings (Fund 620): Accounts for all activities of the City's Administrative Hearings as charged to departments. Not Currently Active Fund
Grants Restricted (Fund 630): The purpose of the fund is to separately track grant monies that are received and spent for capital improvement projects.

Culture Fine Art (Fund 701): Accounts for assets held to be used for cultural fine art programs. Not Currently Active Fund
Tree Trust (Fund 702): Accounts for assets held to be used for planting and replacement of trees. Not Currently Active Fund
Public Art (Fund 703): Accounts for assets held to be used for public art displays.

Pool Scholarship (Fund 715): In 2014, the City entered an agreement with Sonoma Valley Health and Recreation Association to support the construction of a swimming pool within the Sonoma Valley. The City’s financial commitment is for a total of $250,000 to be paid in 10 annual installments of $25,000 for the value of free and reduced-fee services to be provided to Sonoma Valley residents Senior Housing (Fund 731): Sonoma Creek Senior Housing is a thirty-four unit rental apartment complex for very low income senior citizens located on Oregon Street and administered by the Board of Directors of the Sonoma Community Housing Corporation (SCHC), a non-profit housing corporation created by the City’s Community Development Agency (CDA). The Board of the SCHC is comprised of two City Councilmembers, the City Manager, a staff member designated by the City Manager and a public member. The operation of the apartment complex is contracted out to Hank Fisher Properties, a rental management firm, with the resident managers being employed by the firm. All accounting and finance for the complex is handled through the rental management contract. Rental income is used to repay the indebtedness issued for the purchase of the complex and to cover annual maintenance and other operational costs.

Housing Trust (Fund 732): The fund accumulates and distributes funding in accordance with the City Council’s Affordable Housing Plan. The main source of funding is from General Fund transfers of one percent of the Transient Occupancy Tax.

Fire Impact (Fund 790): Section 3.40 of the City’s municipal code establishes a development impact mitigation fee associated with fire protective services. Fees collected will pay the costs of public facilities, including fire facilities, equipment and apparatus.

Agenda Item #7.2:

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City of Sonoma
IGT (Intergovernmental Transfer) (Fund 796): State of California program that provides an opportunity to receive federal matching funds to support health services for Medi-Cal Managed Care beneficiaries served by the Fire Department.

SVFRA (Sonoma Valley Fire Rescue Association) Operations (Fund 798): Accounts for operational activities in which revenues and expenses are split between the City and SVFD.

Agenda Item #7.2:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Finance
Staff Contact
Ryan Kodama, Accounting Manager
Agenda Item Title
Accept the Quarterly Investment Report for the Quarter Ending June 30, 2026 Summary
The City of Sonoma’s Investment Policy requires that a quarterly investment report be provided to the City Council detailing all of the funds and investments held by the City, the type of investment, issuer, date of maturity, par and dollar amount invested on all securities, including a description of any of the local agency’s funds, investments, or programs, that are under the management of contracted parties. The quarterly report as of June 30, 2026, was compiled by Optimized Investment Partners and is being provided to comply with the reporting provisions of the policy.

The total cash and investment portfolio book value (cost) held by the City as of June 30, 2026 was $47,661,555.

The cash and investments held by the City include the following components: Managed Investment Portfolio ($24,784,605), State of CA Local Agency Investment Fund ($20,424,722), California Asset Management Program (CAMP) Pooled Investment Fund ($30,092), Cash/Time Deposits ($2,211,869), and accrued interest on investments ($210,267). (Earned interest is the interest earned on investments over a specific time period, accrued interest is the interest that an investment has earned, but hasn’t yet been received, and paid interest is the interest that has already been received as payment).

Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy.

During the quarter, one Federal Agency bond for $1,000,000 matured. No new investments were purchased but the city is working with Optimized Investment Partners on determining the best reinvestment option.

Two-year Treasuries were yielding 3.79% at the beginning of the quarter and at 4.14% at the end of the quarter, an increase of 35 basis points for the quarter.

As of June 30, 2026, the Weighted Yield to Maturity on the Managed Investment Portfolio was

4.10%.

Optimized Investment Partners was contracted in October 2024 to help improve the investment returns for the City and to ensure compliance with California Government Code by ensuring safety of principal and sufficient liquidity for operations. Ongoing portfolio management activity will continue to be performed in partnership with Optimized Investment Partners, the City Manager, and the Finance Director.

Agenda Item #7.3:

Page 13 of 178 ends

Recommended Council Action
Accept report.

Alternative Actions
Council discretion.

Financial Impact
None.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Portfolio Summary and Key Statistics June 30, 2026
Summary of Cash and Investments as of June 30, 2026
US Bank Custodial Account Statement June 30, 2026
Alignment with Council Goals:

Agenda Item #7.3:

Page 14 of 178 ends

2.25 4.10%
*Note: Cash/time deposits not included in WYTM and WAM
Excludes Pooled Investments and U.S. Bank Custodial Cash Account Under 1 Year
Maturity Jun 2026 Mar 2026 Change 1 - 2 Years
3-Month 3.87% 3.70% 0.17% 2 - 3 Years
1-Year 3.98% 3.68% 0.30% 3 - 4 Years
2-Year 4.14% 3.79% 0.35% 4 - 5 Years
3-Year 4.15% 3.81% 0.34% Total
5-Year 4.19% 3.92% 0.27%
10-Year 4.44% 4.30% 0.14%
Apr
May
Jun 2026 Jun 2025 Jun 2024 Jun 2023 Jun

4.14% 3.72% 4.71% 4.87% Total for Quarter
Note: Interest Earnings figures do not include capital gains or losses City of Sonoma
Investment Portfolio Summary and Key Statistics
Portfolio Key Statistics
PAR Value $ 45,675,387
Investment Report for the Quarter Ended June 30, 2026
U.S. Treasury Yields - Quarterly Comparison $ 5,000,000 21% Book Value (COST) $ 45,239,418
Market Value $ 45,335,379
Weighted Average Maturity (in years)
Weighted Yield to Maturity*
Portfolio Maturity PAR Maturing % Maturing
$ 4,000,000 17%
$ 5,000,000 21%
$ 5,749,000 24%
2-Year U.S. Treasury Yield - Historical Data $ 149,345 $ 4,586 $ 4,222,000 18%
$ 23,971,000 100%
Interest Earnings FY 24-25 FY 25-26 Change
$ 137,466
$ 144,759
$ 423,567 $ 441,917 $ 18,350
$ 146,334 $ 8,868
$ 141,342 $ 146,237 $ 4,895

42.96%

35.45%

9.69%

4.65%

4.56%

2.63% 0.06%
LOCAL AGENCY INVESTMENT FUND 42.96%
U.S. TREASURY BILL/NOTE 35.45%
FEDERAL AGENCY BOND/NOTE 9.69%
CASH/TIME DEPOSITS 4.65%
CERTIFICATE OF DEPOSIT 4.56%
INVESTMENT CASH ACCOUNT 2.63%
CAMP 0.06%
0%
5%
10%
15%
20%
25%
30%
Under 1 Year 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years 21%
17%
21%
24%
18%
Portfolio Maturity Distribution
Agenda Item #7.3:

Page 15 of 178 ends

Par Value (1) Market Value (2) Book Value (3)
Cash & Investments Held by City
Investment Portfolio
Managed Investments
U.S. Bank Custodial Cash Account $ 1,249,574 $ 1,249,574 $ 1,249,574 2.63% U.S. Treasury Bill/ Note 17,000,000 16,855,990 16,683,112 35.16% Federal Agency Bond 4,750,000 4,608,530 4,630,919 9.76% Certificate of Deposit 2,221,000 2,166,472 2,221,000 4.68% Managed Investments Subtotal $ 25,220,574 $ 24,880,566 $24,784,605 52.23% Pooled Investments
State of CA Local Agency Investment Fund $ 20,424,722 $ 20,424,722 $ 20,424,722 43.04% CAMP 30,092 30,092 30,092 0.06%
Pooled Investments Subtotal $ 20,454,813 $ 20,454,813 $20,454,813 43.11% Investment Portfolio Subtotal $ 45,675,387 $ 45,335,379 $45,239,418 95.34% Cash/Time Deposits $ 2,211,869 $ 2,211,869 $ 2,211,869 4.66% Funds Available for Investment $ 47,887,255 $ 47,547,247 $47,451,286 100.00% Accrued Interest $ 210,267 $ 210,267 $ 210,267
Total Cash & Investments Held by City $ 48,097,522 $ 47,757,514 $47,661,553 Notes:

1. Par value is the principal amount of the investment on maturity.

2. Market values contained herein are received from sources we believe are reliable; however, we do not guarantee their accuracy.

3. Book value is par value of the security plus or minus any premium or discount on the security.

Summary of Cash and Investments for the Quarter Ended June 30, 2026 City of Sonoma
Portfolio Assets % of Portfolio
Agenda Item #7.3:

Page 16 of 178 ends

This statement is for the period from June 1, 2026 to June 30, 2026 Phone 513-632-4147E-mail [email protected] Manager:
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
TTAAATDAAAAAAFTAFFFDAATDTTADADDTDFADADFTFDTDDDATDDFTTTFTTDATTDFAT 000638203982518 S CITY OF SONOMANO.1 THE PLAZASONOMA, CA 95476 If you have any questions regarding your account or this statement, please contact yourAdministrator.MARQUES MCNIESECN-OH-W5IT425 WALNUT ST. 5TH FLOORCINCINNATI OH 45202TS CIN RC #4 - MANUALCN-OH-W6TC ACCOUNT NUMBER: 001051018363

CITY OF SONOMA
QUESTIONS?
Agenda Item #7.3:

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THIS PAGE WAS INTENTIONALLY LEFT BLANKTHIS PAGE WAS INTENTIONALLY LEFT BLANKTHIS PAGE WAS INTENTIONA Agenda Item #7.3:

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TABLE OF CONTENTS
9393
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0598708-00-02387-04
Schedule Page
........................................................................................ .................................................................................................... .................................................................................................. ........................................................................................................... ................................................................................................. ......................................................................................... .....................................................................................................

Market Value SummaryAsset SummaryIncome SummaryAsset DetailTransaction DetailSale/Maturity SummaryBond Summary 1234
101314
Agenda Item #7.3:

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THIS PAGE WAS INTENTIONALLY LEFT BLANKTHIS PAGE WAS INTENTIONALLY LEFT BLANKTHIS PAGE WAS INTENTIONA Agenda Item #7.3:

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CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 1 of 15 ends

MARKET VALUE SUMMARY
9393
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0598708-00-02387-04
Current Period
06/01/26 to 06/30/26
Year-to-Date
01/01/26 to 06/30/26
Beginning Market Value $24,840,493.18 $25,000,106.73Ending Market Value $24,880,565.50 $24,880,565.50 Current Period 06/01/26 to 06/30/26
Taxable Interest 90,126.90 447,433.13Taxable Dividends 2,212.14 4,368.47Fees and Expenses -207.04 -1,248.12Cash Disbursements -293,000.00Long Term Gains/Losses -7,975.00 -7,975.00Change in Investment Value -44,084.68 -269,119.71 Agenda Item #7.3:

Page 21 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
2 of 15

ASSET SUMMARY
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
Assets
Current Period
Market Value
% of
Total
Estimated
Annual Income
Total Market Value $24,880,565.50 100.00 $889,013.00Cash & Equivalents 1,249,573.62 5.00 41,401.00Taxable Bonds 23,630,991.88 95.00 847,612.00 Agenda Item #7.3:

Page 22 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
3 of 15

INCOME SUMMARY
9393
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0598708-00-02387-04
Income Received
Current Period
Income Received
YTD
Total Current Period Income $92,339.04 $451,801.60Taxable Interest 90,126.90 447,433.13Taxable Dividends 2,212.14 4,368.47 Agenda Item #7.3:

Page 23 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
4 of 15
Cash/Money MarketTotal Cash/Money MarketUS Government Issues

ASSET DETAIL
Total Cash
$1,249,573.62 $1,249,573.62 $0.00 5.0 $41,401.00
$0.00 $0.00 $0.00 0.0 $0.00
$1,249,573.62 $1,249,573.62 $0.00 5.0 $41,401.00
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
L Plus Platinum Class Z - USBLPPZ **
1,249,573.620 1.0000 1,249,573.62 1,249,573.62 0.00 5.0 41,401.00 3.31 Principal Cash -1,316,473.52 -1,316,473.52 -5.3Income Cash 1,316,473.52 1,316,473.52 5.3U S Treasury Note - 912828Y951.875 07/31/2026 1,000,000.000 99.8490 998,490.00 961,954.00 36,536.00 4.0 18,750.00 1.88 U S Treasury Note - 91282CLH23.750 08/31/2026
1,000,000.000 99.9860 999,860.00 992,088.00 7,772.00 4.0 37,500.00 3.75 U S Treasury Note - 91282CLP43.500 09/30/2026
1,000,000.000 99.9100 999,100.00 987,461.00 11,639.00 4.0 35,000.00 3.50 CashSecurity Description
Shares/Face Amt Price Market Value Tax Cost
Unrealized
Gain/Loss
Percent
of Total
Portfolio
Estimated
Annual Income
Estimated
Current Yield
Cash & EquivalentsTotal Cash & EquivalentsTaxable Bonds Agenda Item #7.3:

Page 24 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
5 of 15
ASSET DETAIL (continued)
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
U S Treasury Note - 91282CLS84.125 10/31/2026
1,000,000.000 100.0560 1,000,560.00 998,773.00 1,787.00 4.0 41,250.00 4.12 U S Treasury Note - 91282CEW73.250 06/30/2027
1,000,000.000 99.1610 991,610.00 977,779.00 13,831.00 4.0 32,500.00 3.28 U S Treasury Note - 91282CFB22.750 07/31/2027
1,000,000.000 98.5350 985,350.00 964,031.00 21,319.00 4.0 27,500.00 2.79 U S Treasury Note - 91282CFH93.125 08/31/2027
1,000,000.000 98.8590 988,590.00 972,935.00 15,655.00 4.0 31,250.00 3.16 U S Treasury Note - 91282CFM84.125 09/30/2027
1,000,000.000 99.9730 999,730.00 999,289.00 441.00 4.0 41,250.00 4.13 U S Treasury Note - 91282CLQ23.875 10/15/2027
1,000,000.000 99.6410 996,410.00 992,217.00 4,193.00 4.0 38,750.00 3.89 U S Treasury Note - 91282CHK04.000 06/30/2028
1,000,000.000 99.6910 996,910.00 993,959.00 2,951.00 4.0 40,000.00 4.01 U S Treasury Note - 91282CHQ74.125 07/31/2028
1,000,000.000 99.9300 999,300.00 997,734.00 1,566.00 4.0 41,250.00 4.13 Federal Farm Credit Bks - 3133EPSK24.250 08/07/2028
1,000,000.000 100.1260 1,001,260.00 1,001,655.00 -395.00 4.0 42,500.00 4.24 Federal Home Loan Bks - 3130AWTR14.375 09/08/2028
1,000,000.000 100.3960 1,003,960.00 1,006,059.00 -2,099.00 4.0 43,750.00 4.36 Security Description
Shares/Face Amt Price Market Value Tax Cost
Unrealized
Gain/Loss
Percent
of Total
Portfolio
Estimated
Annual Income
Estimated
Current Yield
Agenda Item #7.3:

Page 25 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
6 of 15
ASSET DETAIL (continued)
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
U S Treasury Note - 91282CJF94.875 10/31/2028
1,000,000.000 101.5390 1,015,390.00 1,024,013.00 -8,623.00 4.1 48,750.00 4.80 U S Treasury Note - 91282CEV93.250 06/30/2029
1,000,000.000 97.4340 974,340.00 959,574.00 14,766.00 3.9 32,500.00 3.34 U S Treasury Note - 91282CFC02.625 07/31/2029
1,000,000.000 95.5780 955,780.00 932,859.00 22,921.00 3.8 26,250.00 2.75 U S Treasury Note - 91282CFJ53.125 08/31/2029
1,000,000.000 96.9140 969,140.00 953,101.00 16,039.00 3.9 31,250.00 3.22 U S Treasury Note - 91282CFL03.875 09/30/2029
1,000,000.000 99.0940 990,940.00 985,116.00 5,824.00 4.0 38,750.00 3.91 U S Treasury Note - 91282CFT34.000 10/31/2029
1,000,000.000 99.4490 994,490.00 990,229.00 4,261.00 4.0 40,000.00 4.02 Federal Farm Credit Bks - 3133ETLM74.000 06/17/2030
500,000.000 99.1650 495,825.00 501,795.00 -5,970.00 2.0 20,000.00 4.03 Federal Agri Mtg Corp M T N - 31424WL833.875 07/29/2030 1,000,000.000 98.7100 987,100.00 998,870.00 -11,770.00 4.0 38,750.00 3.93 F N M A - 3135G05Q20.875 08/05/2030
1,000,000.000 87.6020 876,020.00 871,010.00 5,010.00 3.5 8,750.00 1.00 Security Description
Shares/Face Amt Price Market Value Tax Cost
Unrealized
Gain/Loss
Percent
of Total
Portfolio
Estimated
Annual Income
Estimated
Current Yield
Agenda Item #7.3:

Page 26 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
7 of 15
Total US Government IssuesCorporate Issues
ASSET DETAIL (continued)
$21,464,520.00 $21,314,031.00 $150,489.00 86.3 $765,312.50 9393
00- -M -UC-UU -182-04
0598708-00-02387-04
Federal Farm Credit Bks - 3133ETH673.625 10/17/2030
250,000.000 97.7460 244,365.00 251,530.00 -7,165.00 1.0 9,062.50 3.71 Celtic Bk - 15118RX85C D4.000 06/24/2030
249,000.000 98.7250 245,825.25 249,000.00 -3,174.75 1.0 9,960.00 4.05 Security First Bk Lincoln Neb - 81425PCA7C D3.950 07/03/2030 245,000.000 98.5320 241,403.40 245,000.00 -3,596.60 1.0 9,677.50 4.01 Goldman Sachs Bk USA - 38150V6L8C D3.600 09/16/2030
245,000.000 97.0940 237,880.30 245,000.00 -7,119.70 1.0 8,820.00 3.71 Morgan Stanley Private Bk Natl Assn - 61776NXY4C D3.700 09/17/2030 245,000.000 97.4730 238,808.85 245,000.00 -6,191.15 1.0 9,065.00 3.80 Morgan Stanley Bk N A Salt Lak - 61778EEY3C D3.700 09/17/2030 245,000.000 97.4730 238,808.85 245,000.00 -6,191.15 1.0 9,065.00 3.80 Institution For Svgs In Newbur - 45780PDF9C D3.600 09/25/2030 249,000.000 97.1030 241,786.47 249,000.00 -7,213.53 1.0 8,964.00 3.71 Security Description
Shares/Face Amt Price Market Value Tax Cost
Unrealized
Gain/Loss
Percent
of Total
Portfolio
Estimated
Annual Income
Estimated
Current Yield
Agenda Item #7.3:

Page 27 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
8 of 15
Total Corporate Issues
ASSET DETAIL (continued)

ASSET DETAIL MESSAGES
$2,166,471.88 $2,221,000.00 -$54,528.12 8.7 $82,299.50
$23,630,991.88 $23,535,031.00 $95,960.88 95.0 $847,612.00$24,880,565.50 $24,784,604.62 $95,960.88 100.0 $889,013.00

3.579393
00- -M -UC-UU -182-04
0598708-00-02387-04
Time of trade execution and trading party (if not disclosed) will be provided upon request.Publicly traded assets are valued in accordance with market quotations or valuation methodologies from financial industry services believed by us to be reliable. Assets that are not publicly traded may bereflected at values from other external sources. Assets for which a current value is not available may be reflected at a previous value or as not valued, at par value, or at a nominal value. Values shown donot necessarily reflect prices at which assets could be bought or sold. Values are updated based on internal policy and may be updated less frequently than statement generation.You can exclude a participating bank from holding your deposits in the Liquidity Plus program by directing U.S. Bank to remove the bank from the Bank List. See usbank.com/LiquidityPlus to obtain thecurrent Bank List and Opt-Out Form.

Synchrony Bank - 87165E4Q7C D3.600 10/24/2030
245,000.000 97.4040 238,639.80 245,000.00 -6,360.20 1.0 8,820.00 3.70 Credit Human Fed Cr Un San Ant - 22537MAM9C D3.650 10/30/2030 249,000.000 97.2500 242,152.50 249,000.00 -6,847.50 1.0 9,088.50 3.75 Federal Svgs Bk Chicago Il - 313812EQ8C D3.550 10/31/2030 249,000.000 96.8540 241,166.46 249,000.00 -7,833.54 1.0 8,839.50 3.66 Security Description
Shares/Face Amt Price Market Value Tax Cost
Unrealized
Gain/Loss
Percent
of Total
Portfolio
Estimated
Annual Income
Estimated
Current Yield
Total Taxable BondsTotal AssetsEstimated Current Yield
Agenda Item #7.3:

Page 28 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026 Page
9 of 15
Dayspring Bank $43,550.99 NoneKish Bank $211,944.92Stryv Bank $213.34The First Security Bank $276.38Security State Bank of Oklaho $191.05Hinsdale Bank and Trust Compa $115.05Northbrook Bank and Trust Com $43.13American State Bank $43.55Washington Federal Bank $304.49Southern Bank $202.51Prime Alliance Bank $248,112.47First Bank - NJ $22.44EagleBank $232.80The Freedom Bank of Virginia $22.44St. Charles Bank and Trust Co $22.44Wheaton Bank and Trust, N.A. $248,112.47Wintrust Bank, N.A. (Wintrust $5.73Village Bank and Trust, N.A. $248,022.51Town Bank, N.A. (Wintrust) $248,112.47Old Plank Trail Community Ban $22.44 $1,249,573.62
Bank Name Balance Excluded Bank Name
ASSET DETAIL MESSAGES (continued)
**Your U.S. Bank Liquidity Plus Program as of 06/30/2026 was allocated as follows:Total Balance 9393
00- -M -UC-UU -182-04
0598708-00-02387-04
Agenda Item #7.3:

Page 29 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 10 of 15 ends

TRANSACTION DETAIL
$1,226,346.62 -$1,226,346.62 $24,700,447.62
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
06/01/26 Asset Income Interest Earned On
Credit Human C D 3.650% 10/30/30
747.00

0.003 USD/$1 Pv On 249,000 Par Value Due 5/30/26
06/01/26 Asset Income Interest Earned On
Federal Svgs Bk C D 3.550% 10/31/30
750.75

0.003015 USD/$1 Pv On 249,000 Par Value Due 6/1/26
06/01/26 Purchase Purchased 1,497.75 Shares Of
L Plus Platinum Class Z
-1,497.75 1,497.75
Trade Date 6/1/26Purchased Through Direct From Issuer1,497.75 Shares At 1.00 USD 06/12/26 Sale Matured 1,000,000 Par Value Of
F H L B Deb 4.750% 6/12/26
1,000,000.00 -1,007,975.00
Trade Date 6/12/261,000,000 Par Value At 100 %
06/12/26 Asset Income Interest Earned On
F H L B Deb 4.750% 6/12/26
23,750.00

0.02375 USD/$1 Pv On 1,000,000 Par Value Due 6/12/26
06/12/26 Purchase Purchased 1,023,750 Shares Of
L Plus Platinum Class Z
-1,023,750.00 1,023,750.00
Trade Date 6/12/26Purchased Through Direct From Issuer1,023,750 Shares At 1.00 USD 06/17/26 Asset Income Interest Earned On
F F C B Deb 4.000% 6/17/30
10,000.00

0.02 USD/$1 Pv On 500,000 Par Value Due 6/17/26
06/17/26 Purchase Purchased 10,000 Shares Of
L Plus Platinum Class Z
-10,000.00 10,000.00
Trade Date 6/17/26Purchased Through Direct From Issuer10,000 Shares At 1.00 USD 06/24/26 Asset Income Interest Earned On
Celtic Bk C D 4.000% 6/24/30
845.92

0.003397 USD/$1 Pv On 249,000 Par Value Due 6/24/26
DatePosted Activity Description
Income
Cash
Principal
Cash Tax Cost
Beginning Balance 06/01/2026
Agenda Item #7.3:

Page 30 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 11 of 15 ends

TRANSACTION DETAIL (continued)
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
06/24/26 Purchase Purchased 845.92 Shares Of
L Plus Platinum Class Z
-845.92 845.92
Trade Date 6/24/26Purchased Through Direct From Issuer845.92 Shares At 1.00 USD 06/25/26 Fee Trust Fees Collected
Charged For Period 05/01/2026 Thru 05/31/2026
-207.04
06/25/26 Asset Income Interest Earned On
Institution For C D 3.600% 9/25/30
761.33

0.003058 USD/$1 Pv On 249,000 Par Value Due 6/25/26
06/25/26 Purchase Purchased 554.29 Shares Of
L Plus Platinum Class Z
-554.29 554.29
Trade Date 6/25/26Purchased Through Direct From Issuer554.29 Shares At 1.00 USD 06/30/26 Asset Income Interest Earned On
U S Treasury Nt 3.250% 6/30/29
16,250.00

0.01625 USD/$1 Pv On 1,000,000 Par Value Due 6/30/26
06/30/26 Asset Income Interest Earned On
Credit Human C D 3.650% 10/30/30
771.90

0.0031 USD/$1 Pv On 249,000 Par Value Due 6/30/26
06/30/26 Asset Income Interest Earned On
U S Treasury Nt 3.250% 6/30/27
16,250.00

0.01625 USD/$1 Pv On 1,000,000 Par Value Due 6/30/26
06/30/26 Asset Income Interest Earned On
U S Treasury Nt 4.000% 6/30/28
20,000.00

0.02 USD/$1 Pv On 1,000,000 Par Value Due 6/30/26
06/30/26 Asset Income Dividend Earned On
L Plus Platinum Class Z
2,212.14
06/30/26 Cash Disbursement Cash Disbursement
Transfer To Principal
-2,212.14
06/30/26 Cash Receipt Cash Receipt
Transfer From Income
2,212.14
DatePosted Activity Description
Income
Cash
Principal
Cash Tax Cost
Agenda Item #7.3:

Page 31 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 12 of 15 ends

TRANSACTION DETAIL (continued)
$1,316,473.52 -$1,316,473.52 $24,784,604.62
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
06/30/26 Purchase Purchased 2,212.14 Shares Of
L Plus Platinum Class Z
-2,212.14 2,212.14
Trade Date 6/30/26Reinvestment Of Income Received 6/30/26 06/30/26 Purchase Purchased 53,271.9 Shares Of
L Plus Platinum Class Z
-53,271.90 53,271.90
Trade Date 6/30/26Purchased Through Direct From Issuer53,271.9 Shares At 1.00 USD Purchase Combined Purchases For The Period 6/ 1/26 - 6/30/26 Of First Am Govt Ob Fd Cl Z
-1,073,669.86 1,073,669.86
Sale Combined Sales For The Period 6/ 1/26 - 6/30/26 Of First Am Govt Ob Fd Cl Z
1,073,669.86 -1,073,669.86
DatePosted Activity Description
Income
Cash
Principal
Cash Tax Cost
Ending Balance 06/30/2026
Agenda Item #7.3:

Page 32 of 178 ends

CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 13 of 15 ends

SALE/MATURITY SUMMARY

SALE/MATURITY SUMMARY MESSAGES
9393
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0598708-00-02387-04
Estimated Year-To-Date Long-Term Gain (Loss): ($7,975.00)Estimates should not be used for tax purposes SettlementDate Description Tax Cost Proceeds
Estimated
Gain/Loss
Taxable BondsFederal Home Loan Bks4.750 06/12/20263130AWLZ1Total Taxable Bonds -$1,007,975.00 $1,000,000.00 -$7,975.00Total Sales & Maturities -$1,007,975.00 $1,000,000.00 -$7,975.00 06/12/26 Matured 1,000,000 -1,007,975.00 1,000,000.00 -7,975.00 Par ValueTrade Date 6/12/261,000,000 Par Value At 100 % Agenda Item #7.3:

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CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 14 of 15 ends

BOND SUMMARY
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
Par Value Market Value
Percentage of
Category
MATURITYTotal of Category $23,971,000.00 $23,630,991.88 100.00MOODY'S RATINGTotal of Category $23,971,000.00 $23,630,991.88 100.002026 4,000,000.00 3,998,010.00 16.922027 5,000,000.00 4,961,690.00 21.002028 5,000,000.00 5,016,820.00 21.232029 5,000,000.00 4,884,690.00 20.672030 4,971,000.00 4,769,781.88 20.18Aa1 20,750,000.00 20,477,420.00 86.65N/A 1,000,000.00 987,100.00 4.18NOT RATED 2,221,000.00 2,166,471.88 9.17 Agenda Item #7.3:

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CITY OF SONOMA
ACCOUNT NUMBER: 001051018363 June 1, 2026 to June 30, 2026

Page 15 of 15 ends

Data contained within this section excluded Mutual Funds, Exchange Traded Funds, and Closed-Ended Funds.

BOND SUMMARY (continued)

BOND SUMMARY MESSAGES
9393
00- -M -UC-UU -182-04
0598708-00-02387-04
Par Value Market Value
Percentage of
Category
S&P RATINGTotal of Category $23,971,000.00 $23,630,991.88 100.00AA+ 3,750,000.00 3,621,430.00 15.32N/A 18,000,000.00 17,843,090.00 75.51NOT RATED 2,221,000.00 2,166,471.88 9.17 Agenda Item #7.3:

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THIS PAGE WAS INTENTIONALLY LEFT BLANKTHIS PAGE WAS INTENTIONALLY LEFT BLANKTHIS PAGE WAS INTENTIONA Agenda Item #7.3:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Police
Staff Contact
Brandon Cutting, Police Chief
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute a Purchase Agreement for a New 2026 GEM© e2 White Vehicle with a 8kW Lithium Battery, in an Amount Not to Exceed $30,000 as Approved in the FY 26/27 Budget.

Summary
The City has received a quote from Total Industries, North Bay, for the purchase of a new 2026 GEM © e2 electric vehicle as a replacement for the 2014 GEM © electric vehicle that is now well past its reliable life expectancy as the primary vehicle for the City of Sonoma Parking Enforcement/Sonoma Police Department.

This request meets the City’s Environmentally Preferable Purchasing Policy (EPPP) as it is an all electric vehicle which can be charged in the secure parking lot at the Sonoma Police Department. This vehicle is replacing the existing all electric GEM vehicle currently being used for Parking Enforcement.

As with the previous purchase of the 2014 GEM electric vehicle, funding for this unit has been placed in the Vehicle Replacement Fund through annual contributions. This year’s budget includes an allocation of $37,350 for the replacement of this vehicle. The cost, however, is $25,601. The vehicle would need Sonoma Police Department Parking Enforcement decals and the installation of an amber rooftop flashing light for safety at a cost of approximately $3,500, for an approximate total of $29,101. The total cost to the City for this purchase will not exceed $30,000, which is under the budgeted amount of $37,350, therefore no additional budget appropriations are needed.

The existing 2014 GEM electric vehicle is owned by the City of Sonoma and may be transferred to the City of Sonoma Parks and Recreations Department as their need/use of the vehicle is not as demanding on the vehicle and therefore, the City may still get several years of limited use with regular maintenance and service.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Deny request or require alternative action.

Financial Impact
The total cost to the City for this purchase will not exceed $30,000. The FY 26/27 budget in account 603-64510-704-70704 includes $37,350 for the replacement of this vehicle, therefore no additional appropriations to the budget are needed.

Agenda Item #7.4:

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Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
GEM e2 Electric Vehicle Quote
Alignment with Council Goals:

Agenda Item #7.4:

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City of Sonoma
RESOLUTION # ______ - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA

AUTHORIZING THE CITY MANAGER TO EXECUTE A PURCHASE
AGREEMENT FOR A NEW 2026 GEM © E2 ELECTRIC VEHICLE WITH AN 8KW BATTERY
WHEREAS, the Fiscal Year 2026/27 Budget includes an allocation of $37,500 from the Vehicle & Equipment Replacement Fund to purchase a new 2026 GEM © E2 electric vehicle to replace an older 2014 GEM © electric vehicle. The 2014 GEM electric vehicle may be transferred to the City of Sonoma Parks and Recreations Department as it remains a serviceable vehicle for a department of the City that is not driving it for as long distance as the Police Department for parking enforcement; and
WHEREAS, this is the lowest quote received as a “Sourcewell Contract #091024-WVE” for an electric vehicle consistent with the make and model of the previous GEM electric vehicle as it meets the needs and demands of the Sonoma Police Department Parking Enforcement; and WHEREAS, the cost of the new Electric Vehicle is approximately $25,601, which is approximately $11,749 less than the FY26/27 budget allocation.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma authorizes the City Manager to execute a purchase agreement for a new 2026 GEM © E2 electric vehicle, in a not-to-exceed amount of $30,000
PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Ron Wellander, Mayor
ATTEST:
____________________________________________
Monique Saviez Burns, CPMC, CMC, Deputy City Clerk
Agenda Item #7.4:

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Livermore* West Sacramento * Salinas * Fresno * North Bay (800) 527-3746
www.total-ind.com
Robert Crabb Quote# 81226E2
[email protected]
(707) 565-3452
175 1st St W
Sonoma, CA 95476
Qty:
1 Standard Specs:

Full Doors
Trunkback
Front & Rear Defrost
In Bound Freight $ 1,793.00
Prep & Delivery $ 590.00
E Plates DMV $ 295.00
TOTAL INVESTMENT (Before Tax): $ 25,601.00
Quoted: Accepted:

By: George Diaz By:

Date: 8/12/2026 Authorized Buyer (please print)
Cell: 510-330-3862
Email: [email protected] Authorized Buyer Signature
Date
$ 18,386.00
$ 1,069.00
Sourcewell Contract # - 091024-WVE - Maturity 11/13/2028 F.O.B: Factory Terms: COD/ Terms or Finance Delivery: Will advise at time of order This quotation is subject to our General Terms and Conditions.

Description Each
Your signature on this proposal constitutes an order
**All Prices Quoted Do Not Include Sales Tax**
**Options Included**
$ 2,410.00
$ 1,058.00
2026 GEM© e2 - White Lithium 8kW Battery

Page 1 of 1 ends

Agenda Item #7.4:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Adopt 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 Quality 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 in-lieu 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 a 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.

Replacement tree size and valuation methods, along with any future modifications to Chapter

12.08, may be brought back to the Planning Commission, Parks, Recreation and Open Space Commission, and/or Joint Tree Committee for future discussion and consideration, as appropriate.

On August 5, 2026 the City Council introduced the Ordinance with no modifications.

Environmental Review
Agenda Item #7.5:

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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.

Recommended Council Action
Adopt the Ordinance.

Alternative Actions
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 In-Lieu Fee Tree Ordinance
Alignment with Council Goals:

Agenda Item #7.5:

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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 August 5, 2026, 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 #7.5:

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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 #7.5:

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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, RESOLVED, AND ADOPTED, at a Regular Council Meeting of the City Council of the City of Sonoma held on the 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Ron Wellander, Mayor
ATTEST:

Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
___________________________________
Date
Agenda Item #7.5:

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I HEREBY CERTIFY that the foregoing ordinance was duly and regularly adopted by the City Council of the City of Sonoma, Sonoma County, California, at a meeting thereof, held on the 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
Agenda Item #7.5:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Public Works
Staff Contact
Ashley Cotter, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute a Contract with Murga, Strange & Chalmers, Inc., in an Amount Not to Exceed $75,000 to Provide On-Call Concrete Services as Needed, Subject to Legal Review.

Summary
The City’s sidewalk system is a critical component of the public infrastructure. As part of the Public Works Capital Improvement Program, specifically CIP T-4 (citywide sidewalk repairs) and CIP T-5 (rehabilitation portion of pavement and sidewalk, including accessibility upgrades to pedestrian curb ramps), Public Works solicited pricing in November 2022 for an on-call concrete construction contractor. Initially, the City awarded a contract to the lowest competent bidder, RR Maher, for the initial on-call contract for concrete work through FY22-23 and FY23-24. Since the completion of the initial contract, staff have been working with the next lowest responsive bidders to negotiate contracts.

Staff reviewed the remaining proposals submitted in 2022 and engaged the third most competitive bidder, Murga, Strange & Chalmers, Inc. to negotiate a contract for $75,000 for additional concrete improvements in FY26-27. Under Sonoma Municipal Code Section

3.04.080, staff are authorized to negotiate a contract price on projects less than $75,000.00.

After the completion of this contract, staff intend to solicit a new round of pricing for on-call concrete work for the following fiscal years.

Working alongside Public Works Streets Operational Staff, the concrete contractor will provide on-call assistance in forming, compaction, pouring, and finishing work as necessary to install ADA ramps, sidewalks, curbs, gutters, and various other public infrastructure concrete features. This partnership between operations staff and skilled concrete professionals will enable Public Works to address issues in the City's sidewalk system more quickly, efficiently, and cost-effectively.

Recent updates to the Uniform Public Construction Cost Accounting Act, effective January 1, 2025, allow projects costing $75,000 or less to be awarded through a negotiated contract or purchase order.

This work is exempt from the California Environmental Quality Act (CEQA) under sections 15301 and 14302 of the CEQA guidelines as it is the maintenance, repair, or replacement of an existing facility.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Agenda Item #7.6:

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Council discretion.

Financial Impact
During Budget adoption for FY26-27, City Council adopted Resolution 37-2026 adopting a Five Year Capital Improvement Program Budget which included $75,000 in FY26-27 for CIP T-4 - Citywide Sidewalk Repairs and Inspections. This allocation will be sufficient to address this contract.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
City of Sonoma On-Call Concrete Contract_Strange and Chalmers, Inc.

Alignment with Council Goals:

Not Applicable
Agenda Item #7.6:

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City of Sonoma
RESOLUTION # ________- 2026

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

INTERIM CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH MURGA, STRANGE & CHALMERS, INC. FOR $75,000 FOR ON-CALL CONCRETE SERVICES AS

NEEDED SUBJECT TO LEGAL REVIEW
WHEREAS, the City Council approved the Capital Improvement Program Budget on June 17, 2026, via Resolution 37-2026 , which included sufficient funding for CIP T-4 Citywide Sidewalk Repair; and
WHEREAS, City Public Works staff have the capacity to perform the demolition portion of sidewalk and accessibility projects; and
WHEREAS, a licensed concrete contractor working in conjunction with City staff can provide on-call assistance in forming, compaction, pouring, and finishing work as necessary to install ADA Ramps, sidewalks, curbs, gutters, and various other public infrastructure concrete features; and WHEREAS, per Sonoma Municipal Code 3.04.080 and per the Updated Uniform Public Construction Cost Accounting Act (effective January 1, 2025), public projects costing $75,000 or less can be let by negotiated by contract, purchase order, or performed by City employees by force account; and
WHEREAS, this work is exempt from review under the California Environmental Quality Act of 1970, as amended, Public Resources Code section 21000 et seq. (“CEQA”) under Sections 15301 and 14302 of the CEQA Guidelines as it is the maintenance, repair or replacement of an existing facility.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonoma that the Interim City Manager is authorized to execute a Construction Contract with Murga, Strange & Chalmers, Inc. for $75,000 subject to legal review.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Ron Wellander, Mayor
ATTEST:
_______________________________
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
Agenda Item #7.6:

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1 CONTRACT FOR MINOR PUBLIC WORKS PROJECTS
This Contract for Minor Public Works Projects for On-Call Concrete Services by and between the City of Sonoma, a California municipal corporation (hereinafter "City") and Murga, Strange & Chalmers. (hereinafter "Contractor") is effective on the Effective Date identified on the signature page.

1. In consideration of the City’s obligations set forth herein, the Contractor shall furnish the tools, equipment, labor and material necessary to perform as set forth in Exhibit B and complete in a good and workmanlike manner, repair of concrete at locations specified by each written Task Order issued by the City (the “Work”).

The Contractor shall perform the Work in accordance with the terms of this Agreement (including Exhibit “B,” attached hereto and incorporated herein by reference), and at the compensation rates and charges set forth on Exhibit “A,” attached hereto and incorporated herein by reference. This Contract is to establish Contractor rates and to set forth terms and conditions for the City to mobilize Contractor to various locations throughout the City in the time period specified when the scope of work is defined. The City will issue a written Task Order to authorize the required work.

2. The total sum of this “on-call” Contract shall not exceed Seventy-Five Thousand [$75,000] Dollars. The City however may or may not reach this limit, nor is obligated to do so. If directed by City to perform repair or installation work, the Contractor will be paid 100% of Work based on contract prices set forth herein upon completion of the Work. It is understood and agreed that in accordance with California Public Contract Code §22300, the Contractor will be allowed to substitute securities for money withheld by City to insure performance under this Contract. In accordance with Public Contract Code §20104.50, City shall promptly review payment requests and if not suitable for payment, City shall no later than seven (7) days after receipt return the same with an explanation as to why the payment request is not possible. City shall make progress payments within thirty (30) days after receipt of an undisputed and properly executed request. Failure to comply with the time requirements shall subject City to certain interest charges.

3. The following shall govern the responsibilities and indemnification by Contractor:

A. City and each of its officers, employees, and agents including, shall not be liable or accountable in any manner for loss or damage that may happen to any part of the Work; loss or damage to materials or other things used or employed in performing the Work; injury, sickness, disease, emotional injury, or death of any person; or damage to property resulting from any cause whatsoever except their sole negligence, willful misconduct or active negligence, attributable to performance or character of the Work, and Contractor releases all of the foregoing persons and entities from any and all such claims.

B. To the furthest extent permitted by law (including without limitation California Civil Code Section 2782), Contractor shall assume defense of, release, and indemnify and hold harmless, City and each of its officers, employees, and agents (excluding agents who are design professionals), from claims, suits, actions, losses and liability of every kind, nature and description, including but not limited to claims, etc., and fines of regulatory agencies or relating to claims, etc., for copyright and/or infringement patent, and attorney’s fees and Contractor’s fees, directly or indirectly, from any cause whatsoever, directly or indirectly, arising out of, connected with, or resulting from performance of the Work, failure to perform the Work, or condition of the Work which is caused in whole or in part by any act or omission of Contractor, Subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether it is caused in part by the negligence of City or by any person or entity required to be indemnified hereunder.

C. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Contractor, its Subcontractors of any tier, or the officers or agents of any of them.

D. To the furthest extent permitted by law (including, without limitation, Civil Code Section 2782), the indemnities, releases of liability and limitations of liability, claims, procedures, and limitations of remedy expressed throughout Contract Documents shall apply even in the event of breach of contract, negligence (active or passive), fault or strict liability of the party(ies) indemnified, released, or limited in liability, and shall survive the termination, rescission, breach, abandonment, or completion of the Work or the terms of the Contract Documents.

E. The Contractor’s obligation to defend and indemnify shall not be excused because of the Contractor’s inability to evaluate liability or because the Contractor evaluates liability and determines that Agenda Item #7.6:

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2 the Contractor is not liable to the claimant. The Contractor will respond within 30 days to the tender of any claim for defense and indemnity by the City, unless this time has been extended by the City If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall reasonably be considered necessary by the City, may be retained by the City until disposition has been made of the claim or suit for damages or until the Contractor accepts or rejects the tender of defense, whichever occurs first.

F. The indemnities in the Contract Documents shall not apply to any indemnified party to the extent of its sole negligence or willful misconduct; nor shall they apply to City or other indemnified party to the extent of its active negligence.

4. This Contract shall not be assigned without the written approval of the City.

5. The Contractor shall have full care, custody and control of the project to completion and shall maintain the same in a safe and tidy condition. The Contractor shall at all times maintain proper facilities and provide safe access for inspection by City to all parts of the Work, and to the shops wherein the Work is in preparation. Where the specifications require Work to be specially tested or approved, it shall not be tested or covered up without timely notice to the City, or its representative, of its readiness for inspection, and without the approval thereof or consent thereto by the latter. Should any Work be covered up without such notice, approval or consent, it must, if required by the City, or its representative, be uncovered for examination at the Contractor's expense.

6. The Contractor shall assume sole and complete responsibility for job site conditions for the duration of the project including, but not limited to, the safety and health conditions on the Work site. This requirement shall apply continuously and shall not be limited to normal working hours. Contractor shall comply with all applicable provisions of law including the standards, rules, regulations and orders established by the California Division of Industrial Safety. Contractor shall furnish and use safety devices and safeguards and shall adopt and use practices, means, methods, operations, and processes which are reasonably adequate to render the Work site safe and healthful. Contractor shall take all steps necessary to ensure that any hazardous condition is corrected promptly either by the Contractor or by assigning such responsibility to the appropriate subcontractor and ensuring that the corrections are completed. The City, design engineer, construction manager and the officers, agents or employees, shall not have control over or charge of or responsibility for construction or safety means, methods, techniques, procedures, as these are solely the responsibility of Contractor.

7. Should the City at any time during the progress of the Work request any alterations, deviations, additions or omissions from said Contract, specifications or plans, it shall be at liberty to do so, and the same shall in no way affect or make void the Contract, but will be added to or deducted from the amount of said contract price, as the case may be, by fair and reasonable valuation. The value of any such extra work or change shall be determined in one or more of the following ways:

A. By estimate and acceptance of a lump sum.

B. By unit price named in the contract or subsequently agreed upon.

C. By cost and percentage or by cost and a fixed fee.

8. Contractor shall obtain insurance acceptable to the City in a company or companies acceptable to the City. The required documentation of such insurance shall be furnished to the City at the time Contractor returns the executed contract. The Contractor shall not commence Work nor shall allow its employees or agents or anyone to commence Work until all insurance and properly executed endorsements required hereunder have been submitted and approved. The Contractor shall take out and maintain at all times during the life of this Contract, the following policies of insurance with insurers (if other than the State Compensation Fund) with a current A.M. Best's rating of no less than A:VII, or its equivalent, against injury/death to persons or damage to property which may arise from or in connection with the performance hereunder by Contractor, its employees, agents and subcontractors:

A. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

B. Comprehensive or Commercial General Liability Insurance at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an Agenda Item #7.6:

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3 amount of $2,000,000 per occurrence. If Work involves explosives, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit.

C. Automobile Liability, with coverage at least as broad as Insurance Services Office form number CA 0001 0692, Code 1, (any auto), in an amount of $1,000,000 per accident. The amount of any deductible or self-insured retention over $100,000 shall be declared to and approved by the City. Said policy shall contain or be endorsed with the provision that coverage shall not be canceled nor materially reduced in coverage without 30 days prior written notice (10 days for non-payment of premium) to City by certified mail.

D. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

E. If applicable, Builders Risk (or course of construction), written on an all-risk form, for 100% completed value on the insurable part of the project. The Builders Risk policy shall provide for losses to be payable to City and Contractor as their interests may appear, and that in the event of payment for any loss under the coverage provided, the insurer shall not have rights of recovery against City and Contractor.

F. Prior to City's execution of Contract, Contractor shall provide properly executed Certificates of Insurance and Endorsements evidencing the insurance required herein, including the amount of any policy deductible or self-insured retention, on forms approved by City.

G. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations Forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations Forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40 H. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

I. Contractor shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Contractor shall forthwith obtain and submit proof of substitute insurance.

J. Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity 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 Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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4 K. Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

L. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

M. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

N. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above for all policies, the Entity requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

9. The term of this Agreement shall commence at 12:00 a.m. on November 19, 2025 (the “Commencement Date”) and shall expire at 11:59 p.m. on June 30, 2027 (the “Termination Date”) unless extended by written agreement of the parties or terminated earlier. Contractor may request extensions of time to perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this agreement.

10. The Contract shall be construed and interpreted according to California law; any action to enforce the terms of this Contract or for the breach thereof shall be brought and tried in the County of Sonoma.

11. Should the Contractor fail to complete this Contract with the time fixed for completion, due allowance being made for unavoidable delays, it shall become liable to City in the amount of $1,000 in Liquidated Damages per calendar day for each day said Work remains incomplete beyond the time for completion. If it appears to the Contractor that it will not complete the Work in the time agreed, it shall make written application to City at least ten (10) calendar days prior to expiration of the time for completion, stating the reasons why and the amount of extension it believes should be granted. The City may then, with discretion, grant, or deny such extension. Any money due or to become due to Contractor may be retained to cover the liquidated damages, and should such money not be sufficient to cover such damages, the City shall have the right to recover the balance from Contractor or its Sureties.

12. Contractor warrants to City that all materials and equipment furnished under this Contract will be new unless otherwise specified and that all Work will be of good quality free from faults and defects and in conformance with the contract documents. Neither final payment nor use or occupancy of the Work performed by the Contractor shall constitute an acceptance of Work not done in accordance with the Contract or relieve Contractor of liability in respect to any express warranties or responsibilities for faulty material or workmanship.

Contractor shall remedy any defects in the Work and pay for any damage resulting therefrom which shall appear within the period of one (1) year from the date of final payment by the City for the Work. City will give notice of observed defects with reasonable promptness.

13. By execution of this Contract, Contractor warrants that it has carefully examined the site of the Work contemplated and any plans and specifications and contract documents pertaining to the Work and has Agenda Item #7.6:

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5 satisfied itself of all local conditions affecting the Work and delivery of materials; City specifically disclaims any warranties for information provided to Contractor. It is the obligation of Contractor to notify City of any and all ambiguities, conflicts, etc., in and among such plans, specifications and/or documents.

14. Contractor shall give its personal attention to the fulfillment of the Contract and shall keep the Work under its control at all times. No subcontractor will be recognized as such, and all persons engaged in the Work will be considered as employees of Contractor, and it will be held responsible for the Work which shall be subject to the provisions of the Contract and specifications, if any.

15. Whenever, in the opinion of the City, the Contractor is neglecting the Work or is not prosecuting the same with diligence or is not fulfilling the provisions of the Contract and specifications, the Work, wholly or in part, may be suspended by written order of the City. If the Contractor, within five (5) days after the date of receipt of such a written order, does not agree to provide the required remedies for such deficiencies, the City may declare this Contract terminated and itself proceed to complete the Work herein specified or engage others to do the same.

The cost of such Work and necessary materials shall be charged against the Contractor and be deducted from next or subsequent estimate payment for same. If payments to Contractor are not sufficient to cover the charges, the balance may be recovered from the Contractor or its Sureties. If City declares the Contract terminated pursuant to this paragraph and the amount of any such charges is less than the amount which would have been due to Contractor upon completion of the Work by it, the difference shall be paid it by City; should the amount of said charges exceed the latter, the difference shall be paid by Contractor to City.

16. In the event City declares this Contract terminated pursuant to the previous paragraph, Contractor shall discontinue Work, and City reserves the further right to take possession of and use any materials or equipment of any nature whatsoever belonging to or used by the Contractor on the Work. All expenses charged under this paragraph shall be deducted and paid by City out of any monies due Contractor under the Contract, and in such accounting City shall not be held to obtain the lowest figure for completing the Contract, but all sums actually paid therefore shall be charged to the Contractor.

17. Contractor shall procure all permits and licenses, including, but not limited to, a City of Sonoma business license, pay all charges and fees and give all notices necessary and incident to the lawful prosecution of the Work and comply with all conditions of any permit, license or authorization allowed. Contractor shall ensure that each subcontractor has all required permits and licenses (including, but not limited to, a City of Sonoma business license), given all required notices and complies with all conditions of any permit, license or authority.

18. Pursuant to Public Contract Code Section 7103.5, Contractor assigns to City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act arising from purchases of goods, services or materials for this Contract. This assignment shall be made and effective at final payment without further acknowledgment by the parties.

19. Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the City, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he/she shall have given the City due written notice of potential claim.

The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and insofar as possible, the amount of the potential claim. The said notice as above required must have been given to the City prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation if based on an act, or failure to act, by the City, or in all other cases within fifteen (15) days after the happening of the event, thing, occurrence, or other cause giving rise to the potential claim.

20. In the event the Work requires Contractor to dig trenches or other excavations deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify the public entity, in writing, of any:

A. Material that the Contractor believes may be material that is hazardous waste, as defined in §25117 of the Health & Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

B. Subsurface or latent physical conditions at the site differing from those indicated.

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6 C. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in Work of the character provided for in this Contract.

D. City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the Work shall issue a change order under the procedures described in this Contract.

In the event that a dispute arises between City and Contractor, whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the Work, Contractor shall not be excused from any scheduled completion date provided for by the contract but shall proceed with all Work to be performed under this Contract. Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

21. Contractor shall comply with all applicable provisions of federal, state and local law including, but not limited to, the following requirements of the California Labor Code:

A. City has obtained from the Director of the State Department of Industrial Relations the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the county in which said work is to be performed for each craft and type of workman or mechanic needed to execute this Contract. These prevailing rates are on file in the City's office and will be made available to any interested party upon request. The Contractor shall post a copy of said prevailing rates at the job site.

Pursuant to Sections 1770, et seq., the Contractor and all subcontractors under him shall pay not less than the prevailing wage rate. The Contractor shall forfeit to the City, as a penalty, Fifty Dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion thereof, such laborer, workman or mechanic employed for each calendar day or portion thereof, such laborer, workman, or mechanic who is paid less than the prevailing wage rate for any Work done under this Contract by him, or by any subcontractor under him.

B. Pursuant to Sections 1810, et seq., eight (8) hours of labor shall constitute a legal day's work upon all Work done hereunder, and it is expressly stipulated that no workman employed at any time by the Contractor, or by any subcontractor or subcontractors under this Contract, upon the Work or upon any part of the Work contemplated by this Contract, shall be required or permitted to work thereon more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except as provided in Section 1815; all the provisions whereof are deemed to be incorporated herein, and it is further expressly stipulated that for each and every violation of said last named stipulation, said Contractor shall forfeit, as a penalty to the City, Twenty-five Dollars ($25.00) for each workman employed in the execution of this Contract, or by any subcontractor under this Contract, for each calendar day during which said workman is required to labor more than either (8) hours in violation of the provisions of said sections of the Labor Code.

C. Contractor shall comply with Section 1776 relating to certified copies of payroll records including the maintenance of these records and their certification and availability for inspection.

D. Contractor agrees to comply with Sections 1777.5, 1777.6 and 1777.7 regarding employment of apprentices. The responsibility for compliance with these provisions if fixed with the prime contractor for all occupations.

E. In the event the Work involves the excavation of any trench(es) five (5) feet or more in depth, Contractor shall submit a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench(es) in accordance with Section 6705.

F. Pursuant to requirements under the California Labor Code, Contractor hereby acknowledges its affirmative obligations related to the Department of Industrial Relations (DIR) compliance and enforcement efforts with respect to prevailing wage requirements on public works projects. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)]. Contractors and Subcontractors may register with the DIR at Agenda Item #7.6:

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7 https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with DIR pursuant to Labor Code section 1725.5.

This construction of the improvements under this Agreement is subject to compliance monitoring and enforcement by the DIR.

22. In the event that any scope of work requested by the City to the Contractor may exceed a total amount of $25,000.00, Contractor must then obtain the following bonds: a Performance Bond in the amount of 100% of the estimated contract task price and a Payment “Labor and Materials” Bond in the amount of 100% of the estimated contract task price, which shall be duly executed by Contractor as Principal and an admitted surety company as Surety prior to City's execution of this Contract. In conjunction with submittal of the bonds, the Contractor shall furnish the original, or a certified copy, of the unrevoked appurtenant Power of Attorney or other instrument authorizing the person who executed the bonds to do so and a certificate from the Clerk of Sonoma County that the certificate of authority of the surety has not been surrendered, revoked, canceled, annulled or suspended.

23. Contractor shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Employment actions to which this provision applies shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

24. This contract is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the contractor, for the response to such claims by the contracting public City, for a mandatory meet and confer conference upon the request of the contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This contract hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

25. This Agreement is subject to Government Code Section 84308, as amended by SB 1439.

Contractor shall disclose any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party’s agent. Contractor shall provide a signed copy of the attached Campaign Contribution Disclosure Form to the City prior to, or concurrent with, the Contractor’s execution of this Agreement.

26. Under no circumstances shall Contractor or its employees look to the City as an employer.

Contractor shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such a determination. Contractor shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation, and other applicable federal and state taxes.

27. In the event that Contractor or any employee, agent, or subcontractor of Contractor 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, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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8 28. Contractor shall maintain all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

29. Compliance with Laws.

A. General. Contractor shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations. Contractor represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required for Contractor to practice its profession.

City is not responsible or liable for Contractor’s failure to comply with any or all of the requirements contained in this paragraph or in this Agreement.

B. Workers’ Compensation. Contractor certifies that it is aware of the provisions of the California Labor Code which require every employee to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor certifies that it will comply with such provisions before commencing performance of this Agreement and at all times in the performance of the Agreement.

C. Injury and Illness Prevention Program. Contractor certifies that it is aware of and has complied with the provisions of California Labor Code Section 6401.7, which requires every employer to adopt a written injury and illness prevention program.

D. City’s Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance, this contract is subject to the applicable provisions of the Living Wage Ordinance (LWO) of the City as amended from time to time and can be found at https://www.sonomacity.org/living-wage-law/ and is incorporated by reference into and made a part of this Agreement. (1) The Contractor assures payment of a minimum wage rate to employees as defined in the LWO and as may be adjusted each July 1 and provision of benefits as defined in the LWO. (2) The Contractor, whether an employer, as defined in the LWO, or any other person employing individuals, shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining to the City with regard to the employer’s compliance or anticipated compliance with the LWO.
(3) Any Subcontract entered into by the Contractor relating to this Agreement shall be subject to the provisions of the LWO.
(4) The Contractor shall, immediately upon execution of Contract, provide notification to all affected employees of the wage required to be paid pursuant to the LWO. (5) The Contractor shall provide, upon demand by City, documents and information verifying compliance with the requirements of the LWO.
(6) The City shall have the authority, under appropriate circumstances, to terminate this contract and otherwise pursue legal remedies that may be available if the City determines that the subject Contractor has violated provisions of the LWO.

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9 E. Business Licenses. Except as otherwise allowed by City in its sole discretion, Contractor and all subcontractors shall have acquired, at Contractor’s expense, a business license from the City in accordance with Chapter 5.04 of the Sonoma Municipal Code, prior to City’s issuance of an authorization to proceed with the Services. Such license(s) shall be kept valid throughout the term of this Agreement. City may withhold compensation from Contractor until such time as Contractor complies with this section.

F. City Not Responsible. The City is not responsible or liable for Contractor’s failure to comply with any and all of said requirements.

G. Completion of the Work shall be in conformance with applicable provisions of the City of Sonoma Standard Plans and State of California Department of Transportation Standard Specifications 2018.

SIGNATURES ON NEXT PAGE
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10 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written.

Murga, Strange, & Chalmers, Inc. City of Sonoma
By: _______________________________ By: _______________________________ Name: Shane Chalmers,
Vice President
Cristine Alilovich
Interim City Manager
Date: ________________________ Date:__________________________ Agenda Item #7.6:

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Error! Unknown document property name.

WORKER’S COMPENSATION INSURANCE ACKNOWLEDGEMENT
I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. If any class of employees engaged in work under this contract at the site of the Project is not protected under any Worker’s Compensation law, Contractor shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected.

Contractor shall indemnify and hold harmless City for any damage resulting from failure of either Contractor or any subcontractor to take out or maintain such insurance.

Date:________________________ _____________________________________ Signature
_____________________________________
Printed Name
_____________________________________
Title
Agenda Item #7.6:

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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 is rendered 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 ofthe proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12months.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 months following 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 monthsfollowing 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 determine whether a campaign contribution of more 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 current City 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:
______________________________
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City of Sonoma On-Call Concrete Services 10/12/2022
Exhibit A

ON-CALL CONCRETE SERVICES
All bids must be submitted on this form for itemized bidding on this project. All contractor costs must be included in the Unit Price for each item of work. All work will be completed at the Unit Price for quantities assigned by the City per the Agreement. Prices listed below should include the cost of bonding. Cost of bonding should assume a project value between $65,000.00 and $75,000.00. Contractor shall fill in the Unit Price in the table below:

Item Description Quanti Unit Unit Price Total Cost
1 ADA Ramps 1 EA $ $
2 Sidewalk / Flatwork /
Valley Gutters /
Driveway Approach
500 SF $

$
3 Curb and Gutter 100 LF $ $
Total Bid
(For Bid Comparison Only)
$

By signing the below, Organization acknowledges that they accept the terms of the City of Sonoma PSA (Exhibit C) without exception and that the Organization holds the requisite insurance as described therein.

Name of Organization:

Name of Bidder:

Authorized Signature: Date:

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City of Sonoma On-Call Concrete Services 10/12/2022
Exhibit B
Contractor to provide on‐call assistance in forming, compaction, pouring, and finishing work as necessary to install ADA ramps, sidewalks, curbs, gutters, and various other public infrastructure concrete features.

Contractor shall provide the following:

1. 811 USA Dig tickets for work areas.

2. ADA Ramp Installation per Caltrans and Specifications a. Pay limits for curb ramps are per Caltrans Standard Plan A88A to follow.

3. Sidewalk Installation / Flatwork.

4. Curb Replacements.

5. Gutter Replacements.

6. Valley Gutters.

7. Driveway Approaches.

8. Apply concrete sealer, provided by the City, on all finishedwork.

9. All labor and equipment.

10. All forming materials, place and grade base rock, drill for rebar doweling, pour and finish concrete and if requested by the City, Contractor shall square up all edges.

11. Strip all forms.

12. Setup and take down traffic control/safety measures during and at the end of work hours.

13. Clean up jobsite after the work has been completed.

The City will provide the following:

1. Traffic control devices and barricades/delineators.

2. Excavation and cleanup of each job site for excavation debrisonly.

3. Paving back to the curb and gutter if needed.

4. Provide concrete mix (six sacks per cubic yard) for all jobs from local cement suppliers.

5. Base rock ¾” (which can be picked up in the corporation yard or site delivered)

6. Rebar ½”

7. Truncated domes

8. Concrete sealer

9. Expansion board material
The City is requesting itemized bidding from each Contractor as follows:

1. ADA Ramp installation Caltrans Plans and Specifications

2. Sidewalk installation / Flatwork / Valley gutters / Driveway approaches

3. Curb and gutter replacement
Agenda Item #7.6:

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City of Sonoma On-Call Concrete Services 10/12/2022
Agenda Item #7.6:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Public Works
Staff Contact
Ashley Cotter, PW Admin & Project Manager
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute the First Amendment to the Professional Services Agreement with Bureau Veritas Technical Assessments, LLC for $4,781.78, for a Total Contract Value of $69,395.81.

Summary
At the Regular Council Meeting on May 20, 2026, City Council adopted Resolution No. 23- 2026 authorizing the Interim City Manager to enter into a contract not to exceed $64,614.03 with Bureau Veritas Technical Assessments LLC for a facility condition assessment. Deferred maintenance on facilities and large facilities projects are funded out of the Long Term Building Maintenance Fund (LTBM), which functions as an internal service fund (ISF) for building maintenance.

Since the authorization of the contract, staff have worked with Bureau Veritas staff on multiple site visits. In preparing for these site visits, staff reviewed the sites included in the contract authorization, and the historical records to be provided to Bureau Veritas as part of a PreSurvey Questionnaire, as well as other sites not included in the initial authorization. This review yielded the following changes:
1) Removal of the Vintage House (the City owns the land, but not the facility); 2) Removal of Sonoma Valley Regional Library (in reviewing historic records, staff found a recent facilities assessment);
3) Addition of well sites (Wells 3-6);
4) Addition of Maysonnave Cottage (rear).

Taking into consideration both the site removals and the additions, the resulting increase to the contract is $4,781.78. This brings the contract total to $69,395.81.

A budget amendment presented concurrently with the original contract authorization on May 20, 2026, and adopted through Resolution No. 24-2026, included a 10% contingency of $6,461.30 to accommodate potential changes to the scope of work. As part of the FY 2026-27 budget adoption, this funding was carried forward from FY 2025-26 through Resolution No. 38-2026. Therefore, sufficient funding is already available for the proposed contract amendment, and no additional budget adjustment is required. However, Resolution No. 23- 2026 authorized expenditures only up to the original contract amount of $64,614.03 and did not authorize the use of the contingency for subsequent contract amendments. Accordingly, City Council approval is required to increase the contract amount to $69,395.81.

Recommended Council Action
Adopt the resolution.

Agenda Item #7.7:

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Alternative Actions
Council discretion.

Financial Impact
This contract amendment does not require any additional funding. During FY25-26 budget adoption, $46,000 was allocated for a facilities condition assessment. At the Regular Council Meeting on May 20, 2026 staff presented a budget amendment increasing this by $25,074.33 in fund 610 (Long Term Building Maintenance Fund). This increase accounts for the contract cost of $64,613.03, as well as an additional $6,461.30 for contingency and was adopted by the City Council with Resolution 24-2026. This contract amendment is for $4,781.78 Since this funding has already been allocated through the FY25-26 budget adjustment and carried forward to FY26-27 with Resolution 38-2026, additional funds for this contract amendment are not needed.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
Bureau Veritas Contract Amendment
Alignment with Council Goals:

Not Applicable
Agenda Item #7.7:

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City of Sonoma
RESOLUTION # ________- 2026

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

CITY MANAGER TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT WITH BUREAU VERITAS TECHNICAL ASSESSMENTS, LLC IN THE AMOUNT OF $4,781.78 FOR A TOTAL CONTRACT COST OF $69,395.81 FOR ADDITIONAL FACILITIES CONDITION ASSEMENTS.

WHEREAS, on May 20, 2026, the City executed a contract with Bureau Veritas Technical Assessments, LLC for a facilities condition assessment contract via Resolution No. 23-2026 after a successful advertisement of request for proposals; and
WHEREAS, as staff generated historic records for facilities, and reviewed all facilities both authorized in the contract and others that were not included, staff and Bureau Veritas agreed on several contract changes; and
WHEREAS, these changes include removing the Regional Library and the Vintage House, and adding Well Sites 3-6 as well as the rear Maysonnave House; and WHEREAS, these changes result in a net increase of $4,781.78.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonoma hereby adopts this resolution to authorize the Interim City Manager to execute an amendment to the professional services agreement with Bureau Veritas Technical Assessments, LLC, for $4,781.78 for a total contract amount of $69,395.81.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 19th day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Ron Wellander, Mayor
ATTEST:
______________________________
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
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381983.1 Initials: (City) _______ (Consultant) _______

Page 1 of 2 ends

AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
(City of Sonoma and Bureau Veritas Technical Assessments LLC) This Amendment No. 1 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 20th day of May, 2026 at Sonoma, California, by and between the City of Sonoma, a municipal corporation, No. 1 The Plaza, Sonoma, CA 95476 (“City”) and Bureau Veritas Technical Assessments LLC, 6021 University Boulevard, Ste 200, Elliott City, MD, 21043 (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated May 20, 2026 in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3.7 – Termination Date of the “Agreement” to read as follows:

3.7 “Termination Date”: __________________________.

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-to-exceed sum of $69,395.82.

Unless expressly amended in this Amendment, all provisions, conditions, covenants, and terms of the Agreement shall remain in full force and effect. [Signatures on following page]
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Professional Services Agreement
City of Sonoma / Bureau Veritas Technical Assessments LLC 381983.1 Page
2 of 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, MMC, City Clerk
Date: _______________
Approved as to form:

By: ______________________________
David J. Ruderman, City Attorney
Date: _______________
“Consultant”
Bureau Veritas Technical
Assessments, LLC
By:______________________________
Erik Piller, Executive Vice President
Date: __________________
By:______________________________
Matthew Munter, Executive Vice
President
Date: __________________
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BUREAU VERITAS 6021 UNIVERSITY BOULEVARD, SUITE 200, ELLICOTT CITY, MD 21043 BV_C2_Internal P 800.733.0660 | WWW.BVNA.COM
Client Change Order Authorization Form
August 4, 2026
Via Email: [email protected]
Mr. Mike Berger
Director of Public Works
City of Sonoma
No. 1 The Plaza
Sonoma, California 95476
Dear Mr. Berger:

A change has occurred from the Services described in the original contracted assignment between Owen Group and Bureau Veritas Technical Assessments LLC. Please sign and return this Authorization Form as soon as possible in order to initiate the additional work requested and to approve the related fees, all dollar amounts referred to are expressed in USD.

PROPERTY(IES) ADDED: $12,534.90
Well 3 $ 2,346.98
Well 4 $ 2,346.98
Well 5 $ 2,346.98
Well 6 $ 2,346.98
Scada Room $ 2,346.98
Maysonnave House #2 (Rear) $ 800.00
Thornsberry Scada $ -
TOTAL $ 14,881.89
PROPERTY REMOVED (CREDIT): ($7,753.12)
• Vintage House
• Regional Library
BVTA PROJECT: 172862.25P rev 2
CHANGES/ADDITIONAL WORK REQUESTED: Site List Revision
REQUESTED BY: Ashley Cotter
TIMING: 20 Business Days
TOTAL FEES: $ 4,781.78
I have read and verified the accuracy of the information set forth above. I hereby accept the additional charges and authorize BVTA to proceed with the work as described above.

Authorized Signature (Printed Name) Title Phone# Date
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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Public Works
Staff Contact
Elif Myers, Environmental Compliance Analyst
Agenda Item Title
Adopt a Resolution Authorizing the Interim City Manager to Execute a Professional Services Agreement with National Plant Services, Inc., in an Amount Not to Exceed $150,000 for Storm Drain Condition Assessment Services.

Summary
The Public Works Department has identified the need to conduct a condition assessment of the City’s subsurface storm drain system due to limited storm drain infrastructure records, past failed structures, and recommendations in the 2011 Storm Drain Master Plan. This project has been identified in the capital improvement program over several years as CIP CD7. During the January 26, 2026 mid-year budget adjustment, City Council approved additional funding in Resolution # 02 - 2026, allowing for a current budget of $150,000.

A Request for Proposal (RFP) for storm drain condition assessment services was issued by the Public Works Department on June 15, 2026. Six proposals were received and reviewed using evaluation criteria specified in the RFP. These included, but were not limited to, qualifications and experience of team members; experience in completing projects similar in size, scope, and purpose; consultant availability to provide the requested services; approach to delivering the requested services; and cost. The review of proposals and selection of the recommended consultant were based on qualifications, not cost alone. Based on a comprehensive review of proposals received, staff recommends contracting with National Plant Services, Inc. (NPS), a firm specializing in underground pipe condition assessments, rehabilitation, and repair.

With consideration of the available budget, NPS proposed a 6-week timeline to assess 39,700 linear feet (LF) of the 242,800 LF storm drain system (roughly 16%). As requested in the RFP, a system will be established to rank storm drainpipes based on observed structural condition, material, debris levels, size, depth, and proximity to high-traffic intersections. A final assessment report will include verified storm drain structures, GIS data, a Pipeline Assessment Certification Program (PACP) condition report, an estimate of remaining useful life (RUL) for each asset, recommendations for maintenance schedules, identified system deficiencies, and recommended repairs.

Authorizing these services will begin an investigation of 16% of City of Sonoma storm drainpipes via CCTV footage conducted by National Plant Services, Inc. Findings will support Public Works’ ongoing efforts to maintain and improve the storm drain system, protect transportation infrastructure, and ensure responsible discharge of regulated stormwater.

CCTV inspections of storm drainpipes support preventative maintenance and identify defects before escalating to costly failures.

This contract marks the beginning of a broader effort to assess the condition of the entire storm drain system. Because evaluating the system all at once would be costly, the work will be completed in phases based on available funding and resources. The first phase will Agenda Item #7.8:

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assess approximately 16% of the storm drainpipes. Additional phases will be authorized and budgeted as funding becomes available, with the ultimate goal of evaluating the entire storm drain infrastructure system.

This project is exempt from the California Environmental Quality Act (CEQA) under the Existing Facilities Exemption – 15301.

Recommended Council Action
Adopt the resolution.

Alternative Actions
Council discretion.

Financial Impact
This iteration of the storm drain condition assessment process is currently fully funded with a $150,000 budget out of Fund 301 (General Fund Funded CIPs). This project has been funded over several fiscal years: during FY24-25 the City adopted a capital improvement program budget including $50,000 allocated to this project, and during FY25-26 mid-year budget adjustment of $100,000 was approved bringing total project funding to $150,000. At this time, no additional funding is required to authorize this contract.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Resolution
PSA_ Storm Drain Condition Assessment
Alignment with Council Goals:

Not Applicable
Agenda Item #7.8:

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City of Sonoma
RESOLUTION # ___- 2026

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

INTERIM CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL PLANT SERVICES, INC., FOR AN AMOUNT NOT TO EXCEED $150,000, FOR STORM DRAIN CONDITION ASSESSMENT SERVICES.

WHEREAS, the Public Works Department has identified the need to conduct a condition assessment of the City’s subsurface storm drain system due to limited storm drain infrastructure records, past failed structures, and recommendations in the 2011 Storm Drain Master Plan; and WHEREAS, this project has been in the City’s adopted Capital Improvement Program as Project CD-7, and during the January 26, 2026, mid-year budget amendment, an additional $100,000 was allocated to the project, allowing this phase of the condition assessment to move forward with $150,000 allocated in Fund 301; and
WHEREAS, a Request for Proposal (RFP) for storm drain condition assessment services was issued by the Public Works Department on June 15, 2026, and six proposals were received; and
WHEREAS, based on a review of the proposals received, National Plant Services, Inc., was deemed highly qualified to provide storm drain condition assessment services to Public Works; and
WHEREAS, as determined in consideration of the $150,000 budget, services will be provided resulting in an assessment of roughly 16% of storm drainpipes and a final assessment report.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonoma that the Interim City Manager is authorized to execute a Professional Services Agreement with National Plant Services, Inc. in an amount not to exceed $150,000 for storm drain condition assessment.

RESOLVED, PASSED, AND ADOPTED, at a Regular meeting of the City of Sonoma City Council on this 19th day of August 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Ron Wellander, Mayor
ATTEST:
______________________________
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
Agenda Item #7.8:

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Professional Services Agreement
(City of Sonoma / National Plant Services, Inc.)
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Approved for use: 1/1/2025

PROFESSIONAL SERVICES AGREEMENT

FOR CONSULTANT SERVICES
(City of Sonoma / National Plant Services, Inc.)

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 National Plant Services, Inc., a California contractor (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: storm drain condition assessment of 16% (39,700 LF) of City storm drainpipe infrastructure.

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.

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NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 “Agreement Administrator” for this project means Mike Berger, Director of Public Works. The Agreement Administrator shall be the principal point of contact at the City for this project. All services under this Agreement shall be performed at the request of the Agreement Administrator. The Agreement Administrator will establish the timetable for completion of services and any interim milestones. City reserves the right to change this designation upon written notice to Contractor.

3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s July 24, 2026 fee schedule to City attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means August 19, 2026.

3.4 “Consultant Project Administrator” means Michelle Beason, The Consultant Project Administrator will be the principal point of contact for the Consultant.

3.5 “Maximum Amount” means the highest total compensation and costs payable to Consultant by City under this Agreement. The Maximum Amount under this Agreement is one-hundred fifty thousand Dollars ($150,000).

3.6 “Scope of Services” means such professional services as are set forth in Consultant’s July 24, 2026 proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

3.7 “Termination Date” means December 17, 2026.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below. Consultant may request extensions of time to Agenda Item #7.8:

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perform the services required hereunder. Such extensions shall be effective if authorized in advance by City in writing and incorporated in written amendments to this Agreement.

5. CONSULTANT’S SERVICES

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

5.2 Consultant shall perform the services identified in the Scope of Services.

City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In performing services under this Agreement, Consultant shall coordinate all contact with City through its Agreement Administrator. All changes and/or extra work shall be performed and paid for in accordance with the following:

5.2.1 Only the City Director of Public Works 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 Public Work’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 #7.8:

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executed by the Consultant and be approved by the City in accordance with its purchasing policy.

5.2.3 In the event City determines that such work does not constitute extra work, Consultant shall not be paid extra compensation above that provided herein and if such determination is made by City staff, this determination may be appealed to the City Council as long as a written appeal is submitted to the City Manager within five (5) days after the staff’s determination is received by the Consultant. Any written appeal shall include a description of each and every ground upon which Consultant challenges the staff’s determination. The City Council’s decision shall be final.

5.3 In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the Maximum Amount unless specifically approved in advance and in writing by City. Consultant shall notify the Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the Maximum Amount payable above. Consultant shall concurrently inform the Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the Maximum Amount payable above.

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

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

5.6 Consultant represents that it has no known relationships with third parties, City Council Members, or employees of City which would (i) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (ii) prevent Consultant from performing the terms of this Agreement, or Agenda Item #7.8:

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(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 #7.8:

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perform such services. The Consultant Project Administrator shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.11 This Agreement covers professional services of a specific and unique nature. Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

5.12 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

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

5.14 Prevailing Wage Notice.

5.14.1 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of
prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

5.14.2 In the event Consultant will perform inspection services, City or authorized representatives of the City shall have the right to inspect the work of such services whenever such representatives may deem such inspection to be desirable or necessary. Inspections by the City do not in any way relieve or minimize the responsibility of Agenda Item #7.8:

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Consultant to conduct the inspections Consultant has expressly agreed to perform pursuant to this Agreement. Consultant shall be solely liable for said inspections performed by Consultant.

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

6. COMPENSATION

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

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the Maximum Amount, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

6.3 City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law.

Consultant shall be solely responsible for calculating, withholding, and paying all taxes.

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

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.

Agenda Item #7.8:

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8. RELATIONSHIP OF PARTIES

8.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Consultant, its officers, employees and agents shall not have any power to bind or commit the City to any decision or course of action, and Consultant, its officers, employees and agents shall not represent to any person or party that it or they are acting as agents of the City or that it or they have the power to bind or commit the City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

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

Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

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

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees, and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the parties intend the Agenda Item #7.8:

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provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law.

Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

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

Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent.

10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute. Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

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10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

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

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

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

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City Agenda Item #7.8:

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Approved for use: 1/1/2025
for employer contribution and/or employee contributions for CalPERS benefits.

11. INSURANCE

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

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

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

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

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

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of Two Million Dollars ($2,000,000) per claimant and Two Million dollars ($2,000,000) per incident. Automobile liability insurance shall be evidenced by ISO Form Number CA 0001 covering Code 1 (any auto) or, if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned).

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

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

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

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

11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

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

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11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

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

Consultant hereby waives all rights of subrogation against the City.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. However, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents and subconsultants.

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

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

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

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

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

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

12. MUTUAL COOPERATION

12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

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

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

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charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; (ii) the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing); or (iii) the day of delivery if emailed to the email address listed below and simultaneously deposited in the U.S. mail, postage prepaid, to the address(es) listed below (or to such other addresses as the parties may, from time to time, designate in writing).

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Professional Services Agreement
(City of Sonoma / National Plant Services, Inc.)
336531.3 Page 16 of 22
Approved for use: 1/1/2025
If to City:

Mike Berger
City of Sonoma
Public Works
No. 1 The Plaza
Sonoma, CA 95476
Telephone: (707) 938-3681
Facsimile: (707) 938-3240
Email: [email protected]
If to Consultant:

Daniel Solano
National Plant Services, Inc.

Hayward Service Yard:
2159 National Avenue, Hayward, CA
94545
Telephone: (562) 436-7600
Email: [email protected]
With courtesy copy to:

David J. Ruderman, Sonoma City Attorney
Colantuono, Highsmith & Whatley, PC
670 W. Napa Street, Suite F
Sonoma, CA 95476
Telephone: (707) 986-8091
Facsimile: (707) 509-7295
Email: [email protected]

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

18. TERMINATION

18.1 The City may, in its sole and unfettered discretion and without cause, terminate this Agreement at any time prior to completion by Consultant of the services required. Notice of Termination of this Agreement shall be given in writing to Consultant and shall be sufficient and complete when same is emailed to Consultant and simultaneously deposited in the United States mail postage prepaid and certified, addressed as set forth in Section 16 of this Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Consultant. If City should terminate this Agreement, the Consultant shall be compensated for all work satisfactorily performed prior to time of receipt of termination notice, and shall be compensated for materials ordered by the Consultant or his/her Agenda Item #7.8:

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employees, or services of others ordered by the Consultant or his/her employees prior to receipt of Notice of Termination whether or not such materials or final instruments of services of others have actually been delivered, provided that the Consultant or its employees are not able to cancel such orders for materials or services of others. Compensation for the Consultant in the event of termination by the City shall be determined by the City Director of Public Works in accordance with the percentage of project completed. In the event that this Agreement is terminated pursuant to this Paragraph 18.1, Consultant shall not be entitled to any additional compensation over that provided herein; nor shall Consultant be entitled to payment for any alleged damages or injuries (including lost opportunity damages) purportedly caused by the termination of this Agreement by the City pursuant hereto.

18.2 Consultant may terminate this Agreement upon thirty (30) days written notice to the City only for good cause. Consultant’s written notice of termination shall contain a full explanation of the facts and circumstances constituting good cause. In the event of termination, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City’s last payment shall be relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

18.3 Should the Consultant fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Agreement, the City may terminate this Agreement by giving written notice of such termination, stating the reasons for such termination in such event. Consultant shall be compensated as above, provided, however, there shall be deducted from such amount the amount of damage if any, sustained by City by virtue of the Consultant’s breach of this Agreement.

18.4 In no event shall Consultant be entitled to receive more than the Maximum Amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Paragraph 3.5 above and as otherwise provided in this Agreement.

19. GENERAL PROVISIONS
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19.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

19.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subconsultant, or applicant for employment because of race, color, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis, including without limitation, the City’s Non-Discrimination Policy adopted as Resolution #25-2019.

Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, sexual orientation, or any other unlawful basis. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.

19.3 Each party had an opportunity to consult with an attorney in reviewing and drafting this Agreement. Any uncertainty or ambiguity shall not be construed for or against any party based on attribution of drafting.

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

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19.5 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

19.6 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

19.7 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Sonoma County, California and Consultant hereby consents to jurisdiction in Sonoma County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

19.8 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

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

19.10 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

19.11 Nonprofit service contractors which receive contracts from the City of $75,000 or more in a 12-month period, and for-profit service contractors who receive contracts from the City of $10,000 or more in a 12-month period, provided they have more than six employees, may be subject to the City’s Living Wage Ordinance. Sub-contractors with $50,000 or more in annual gross receipts may also be subject to the Living Wage Ordinance. Unless otherwise exempt in accordance with the provisions of the Ordinance (Sonoma Municipal Code Chapter 2.70), this Agreement is subject to applicable provisions of the Living Wage Ordinance of the City as amended from time to time and available on the City’s website.

19.12 This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.

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

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

19.15 The recitals are incorporated by this reference.

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Approved for use: 1/1/2025
[Signatures on following page]
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TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City”
City of Sonoma
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“Consultant”
National Plant Services, Inc.

By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
Attest:

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

By:__________________________________
David J. Ruderman, City Attorney
Date:________________________
Christine Alilovich
Interim City Manger
Daniel Solano
President
Ginna Hatcher
Controller
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(City of Sonoma / National Plant Services, Inc.)
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Approved for use: 1/1/2025
“EXHIBIT A”
Scope of Work
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Exhibit A
Project Approach
NPS understands the City of Sonoma is requesting a condition assessment of its municipal separate storm sewer system (MS4) approximately 742 catch basins/inlets, 46 miles of pipeline, and 35 drain outlets to prioritize capital improvement needs, and to accurately catalog storm drain assets in the City's GIS and asset management system. Our approach follows the four phases identified in the RFP: (1) Project Preparation and Records Review, (2) Field Investigation Plan preparation, (3) Field Investigation Plan implementation, and (4) Draft and Final Report.

Project Preparation and Records Review
The project will begin with an in-person kickoff meeting at City offices to review the Scope of Work. NPS will review the City's Storm Drain Master Plan (May 2011), applicable GIS layers, historic maps, and the City-provided map of known flood history areas, pipe segments larger than 42 inches, identified pipe materials, and other storm drain structures.

NPS will generate a master asset summary list by asset type as the basis for condition assessment prioritization, and will hold discovery sessions with City staff to capture historical knowledge not reflected in existing records and to confirm the City's priority and problem areas.

Prepare Field Investigation Plan
Using a specialized pre-assessment matrix that weighs existing inspection/condition information, maintenance and repair history, asset material, diameter, age, location, and criticality, NPS will rank all storm drain assets to prioritize which should be physically inspected within the available City budget. NPS recommends inspecting the highestpriority assets plus a random sample of lower-priority assets to validate the matrix and produce a representative system-wide assessment. The resulting draft Field Investigation Plan (FIP) will detail facilities to be inspected, inspection type, schedule, equipment, GIS attributes to be captured, QA/QC procedures, permitting, and public notification, and will be reviewed and finalized with City staff before fieldwork begins.

Data collection will be performed using ArcGIS Collector/Survey123, per Addendum No. 1 using an external GPS device meeting the City's required accuracy of 1 ft vertical and ±0.10 ft to ±0.20 ft horizontal accuracy to match the City's existing GIS database accuracy, such as a Trimble unit or equivalent. NPS does not currently own a Trimble unit or other subfoot-accuracy GPS device; field crews typically use iPads or cell phones, which do not meet this accuracy standard on their own. NPS assumes the City can loan a suitable highAgenda Item #7.8:

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accuracy GPS unit for the duration of the project, or that NPS will purchase or rent one and be reimbursed from the project budget.

NPS will meet with the City's GIS Analyst prior to project commencement to confirm data collection setup — which is the consultant's responsibility to configure — including use of the City's existing layer SIDs, and to align the workflow with the City's ArcGIS Server/ArcGIS Online environment. The data collection workflow will capture, at minimum, all fields identified in the RFP for pipes (location X/Y/Z, size, material, depth, direction to nearest catch basin, condition ranking, direction of flow) and for manholes, catch basins, and other structures (location X/Y/Z, structure type, depth, material, condition ranking, direction of flow, and pipes entering and leaving the structure). Final GIS deliverables will be submitted in file geodatabase format per the City's requirement. Esther Amoding is our GIS expert and is well versed in ESRI tools, completing exactly such work for our customers.

As this may be the City's first storm drain condition assessment project, NPS field operators will exercise professional discretion to maximize the value of the inspection budget: where GIS records prove inaccurate or incomplete in the field — which is expected given the gaps identified in Addendum No. 1 — or where field conditions warrant, the crew will extend inspection to adjacent, originally out-of-scope segments while already mobilized in the area, prioritized as follows:
• Structural condition appears to be poor
• The pipe is corrugated metal pipe (CMP), a material NPS has direct large-diameter structural assessment experience with
• Pipelines show excessive debris levels
• Pipelines or structures discharge into creeks or other waterways • Pipelines cross state highway or Caltrans right-of-way • Pipelines cross railway right-of-way, if present
• Pipelines are significantly undersized compared to GIS records, to help determine where pipe size changes along the alignment
Any such additions will be documented and discussed with the City so the coverage totals in Section 6 remain transparent and traceable.

Implement the Field Investigation Plan
Upon City concurrence with the FIP, NPS crews will mobilize immediately. NPS will inspect all pipes to the PACP (Pipeline Assessment Certification Program) and MACP (Manhole Agenda Item #7.8:

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Assessment Certification Program) standard using NASSCO-certified software (Granite, WinCan, ITpipes, or POSM), even though the RFP does not mandate PACP/MACP coding, because it is the nationally recognized standard for defect identification and scoring and allows the City to track condition changes over time. NPS has 14 CCTV trucks with rotatinghead color cameras and tractors sized for any pipe condition; storm drain tractors are designed to inspect without pre-cleaning, though cleaning services are available if desired.

For catch basins and outfalls, NPS uses pole cameras, handheld cameras, and physical/man-entry inspection (all field staff are confined-space certified) as appropriate to inspect the structures.

Manholes, catch basins, and outfalls will be inspected concurrently with the pipe inspection setups in the same area, for increased efficiency. Each deployment run will consist of a series of manhole segments deployed in continuous runs of up to 2,000 LF, with equipment staged at manholes with the least impact to traffic, residents, easements, or environmentally sensitive riparian areas. Any segment where debris levels warrant cleaning will be noted in the daily work log and flagged for the City's consideration.

Weekly status updates and spreadsheets will be provided to City staff each Friday summarizing facilities inspected, issues encountered, and the following week's plan; significant defects will be reported immediately. Quality control begins in the field:
operators view all CCTV live, abort and correct any inspection that does not meet recording-quality standards, and PACP-code defects live. Data is uploaded daily to the cloud and reviewed by NPS's QA/QC office staff to confirm coding accuracy to NASSCO standards, then passed to engineering staff for a second QA/QC review during report compilation. GIS discrepancies identified in the field (incorrect length, diameter, material, or location) will be documented in a discrepancy report for the City's GIS Analyst.

Confined Space Entry
Confined space entry inspection may occasionally be required where the robotic CCTV platform cannot pass through a pipe due to configuration, bends, or significant debris, or for structure inspections such as hard-to-reach outfalls. Confined space entry will only be performed on larger assets and when safe to do so, using a 3-person crew with confined space training certifications following Cal/OSHA confined space protocols. The City will be notified prior to any confined space entry requiring a 3 person crew.

Draft and Final Report
NPS will prepare the technical memorandum-format Draft and Final Report specified in the RFP, including background on inspection types and methods, the PACP/MACP defect rating system, a narrative of identified defect types and characteristics, prioritized maintenance, Agenda Item #7.8:

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cleaning, and rehabilitation/replacement recommendations with planning-level cost estimates (per Addendum No. 1), a recommended Phase 2 scope for further investigation of defected pipe/structure types or ages, and a tabular list of all pipe segments and structures reviewed with the required data fields. NPS will combine PACP/MACP condition scores with probability and consequence-of-failure risk factors to prioritize the most at-risk assets and develop a five-year capital improvement program consistent with the City's available annual maintenance and rehabilitation budget. NPS is experienced with trenchless rehabilitation methods including CIPP point repair, CIPP connection and lateral lining, injection grouting, and centrifugally cast concrete pipe (CCCP) structural coatings, and will recommend the lowest-cost effective repair or rehabilitation method for each priority asset.

At minimum, the Final Assessment Report will include:
• Identify/verify manhole, catch basin, and outfall locations • Verify accuracy of GIS mapping and prepare a discrepancy report for needed GIS changes • Prepare a summary PACP condition report
• Estimate remaining useful life (RUL) of each asset
• Set recommended maintenance schedules
• Identify system deficiencies
• Recommend repairs
NPS has developed and implemented advanced pipe integrity, capacity, and forecasting tools to determine the remaining useful life of storm drain assets and how to extend that life through minor repairs or more advanced rehabilitation — providing the City guidance and budgeting support for long-term capital improvement planning beyond this initial assessment.

NPS will begin reviewing, assessing, and prioritizing PACP-coded inspection data as it comes in from the field, rather than waiting until all fieldwork is complete, so the final summary report and recommendations can be delivered promptly after field data collection ends. NPS has prepared comparable condition assessment and recommendations reports for agencies including Sacramento, Roseville, Tacoma, Seal Beach, Fresno, Modesto, and Dublin San Ramon Services District (DSRSD).

NPS also has direct experience advising municipal clients on recommended inspection and cleaning cycles based on assessment data, following a two-step methodology: (1) creating basins by geographic area to support a whole-system flushing program, and (2) Agenda Item #7.8:

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creating cleaning and CCTV routes and frequencies based on like condition/criticality of the pipelines, using NPS's own CCTV and cleaning data. For the City of Seal Beach in 2025, NPS analyzed the cleaning and CCTV data for all line segments citywide and grouped them into routes by like condition, prioritizing lines with significant structural and operational/maintenance defects; created citywide basin numbers organized by geographic area; and built new GIS layers for import into the City's GIS system, incorporating the City's existing monthly and quarterly “hotspot” segments requiring more frequent cleaning, with color-coded layers City staff can toggle on and off by category. NPS also developed a CCTV and flushing work order program for the City of Milpitas in 2023.

NPS will apply this same experience to recommend appropriate inspection and maintenance frequencies for the City of Sonoma based on this project's findings, and can develop comparable prioritized GIS layers for the City's storm drain system if desired.

Final deliverables will include electronic and two hard copies of the final report, storm drain structure data and attributes in file geodatabase format (per Addendum No. 1), video and photographic records, and meeting support for project kickoff, bi-weekly progress updates, presentation of the draft report and recommendations to City staff, and assistance to City staff in presenting the report to City Council. As a final deliverable, NPS will also hold a Condition Assessment Workshop at City offices to review the final report, findings, and recommendations with City staff.

Schedule, Quality Control, and Assumptions
NPS will maintain a master project schedule (MS Project) from kickoff through final report delivery, with bi-weekly progress updates to City staff as anticipated in the RFP. Budget and schedule control are maintained through the dual-layer QA/QC process described above and through Ms. Beason's direct oversight of both field production and report preparation.

NPS assumes the City will provide existing GIS layers, as-built drawings, historic storm drain records, and reasonable access coordination (including encroachment/traffic control approvals) to support the agreed inspection schedule; NPS will lead traffic control planning and can bring in a local traffic control subcontractor for major control needs if required, invoiced at cost plus 10%
NPS assumes pipes are in average operating condition for CCTV assessment purposes.

Where debris or standing water prevents a complete inspection or obscures the pipe wall, NPS will document the obstruction and recommend cleaning before re-inspection, which may affect the coverage achieved within the $150,000 budget. Optional cleaning truck and operator pricing is provided in the Cost Proposal (Section 6). Should the City desire cleaning as part of this scope, the parameters for cleaning must be determined with the City, and washwater and debris handling must be discussed and agreed upon in advance.

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336531.3
“EXHIBIT B”
Approved Fee Schedule
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Exhibit B
Cost Proposal
Per Addendum No. 1, the City has confirmed an available project budget of $150,000 and has requested both a fee estimate with coverage options at different investment levels and the hourly rate/equipment schedule below. NPS proposes the hourly rate schedule for personnel and equipment assigned to this project, including storm drain cleaning services should the City wish to add them to the inspection scope. NPS performs all minor traffic control with in-house crews and equipment; City Rise, LLC would only be engaged, at the City's concurrence, if major traffic control support is required. Permits and major traffic control (including traffic plans and flaggers) would be billed to the City at cost plus 10%.

Because these costs are drawn from the same $150,000 project budget, any major traffic control subcontractor services required would reduce the field investigation budget available and correspondingly the overall footage of pipe that can be inspected under the coverage options in this section. Overtime, if ever required, would be billed at 1.5 times standard hourly rates; NPS anticipates deploying multiple crews and double-shifting where needed to avoid overtime and meet the project schedule. Per Addendum No. 1, CCTV pipeline inspection crews are subject to prevailing wage requirements under this contract.

Production Rate, Multi-Crew Scaling, and Debris Disposal The table below shows NPS's estimated CCTV production rate and daily cost for a standard 2-person crew, and how deploying multiple crews compresses the field schedule shown in Agenda Item #7.8:

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Section 4 at no change in per-unit cost. NPS can scale up to two or more crews on this project to meet the City's September/October field-completion target.

Note: Daily crew rate reflects NPS’ fully-loaded rate for a 2-person CCTV crew and truck (labor, equipment, and overhead) of $700.00/hr, at a 10-hour field day ($700.00/hr × 10 hrs including travel time = $7,000.00/day). Two crews scale linearly to $14,000.00/day. NPS can add additional crews beyond two, on request, to further compress the field schedule with no change in per-unit production cost.

Should the City elect to add storm drain cleaning services to the scope, a licensed hauler would have to be arranged to transport and accept debris. This will be discussed if cleaning is requested.

Coverage Options within the $150,000 Budget
Per Addendum No. 1 (Question 23), the table below presents coverage options at different investment levels within the City's $150,000 budget. Consistent with NPS's standard practice, project management and routine QA/QC are covered within the crew billing rates in Section 6 rather than billed as a separate large office reserve — NPS estimates approximately $6,000 (T&M) in dedicated PM/QA-QC time for a project of this size, consistent with NPS's actual invoiced PM time on the comparably-scoped City of Napa storm drain project ($5,070 invoiced against a $250,000 budget). NPS also proposes a dedicated final summary report budget of approximately $5,000 to prepare the technical memorandum required by the RFP, including prioritized recommendations for repair, rehabilitation, and/or cleaning. Field investigation coverage is planned using a standard production assumption of approximately 2,000 LF/day per crew (see Production Rate table above), which assumes pipes are clean enough for CCTV inspection at that rate — consistent with the pipe-condition assumption stated earlier in this section. Should field conditions allow NPS's crews to exceed this assumed rate, additional footage can be inspected within the same budget, increasing the coverage achieved beyond the estimates below.

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These three options illustrate how the City's total investment level directly determines how much of the storm drain system gets inspected. Each option carries the same fixed $11,000 for project management, QA/QC, and the final summary report, regardless of coverage level; every remaining dollar is spent on field inspection at NPS's standard production rate. Option A commits the full $150,000 budget and achieves the greatest coverage NPS can deliver under this scope. Options B and C show what a City-held contingency reserve of $15,000 or $30,000 would cost in coverage — each dollar held back converts directly into fewer linear feet inspected. The City may select any investment level between these examples, and NPS will scale the footage covered accordingly.

In all three options, priority areas identified through the records review and GIS analysis (known flood-history locations, pipes larger than 42", and areas flagged in the 2011 Storm Drain Master Plan) will be inspected first, consistent with the City's direction in Addendum No. 1 (Question 17).

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336531.3
“EXHIBIT C”
Campaign Contribution Disclosure Form
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336531.3

CAMPAIGNCONTRIBUTIONDISCLOSUREPROVISIONS
Cities are subject to the campaign disclosure provisions detailed in Government Code Section 84308.

Please carefully read the following information to determine if the provisions apply to you. If you determine that the
provisions are applicable, the Campaign Disclosure Form must be completed and returnedtothe Citywithyourapplication.

1. No City councilmember or commissioner shall accept,
solicit, or direct a contribution of more than $500 from any party,1 financially interested participant,2 or agent3 while a proceeding is pending or for 12 months subsequent to the date a final decision isrendered by the City. This prohibition commences when your application has been filed, or the
proceeding is otherwise initiated.

2. A party to a City proceeding shall disclose on the record of the proceeding any contribution of more than $500 made to any councilmember or commissioner by the party, or agent, during the preceding 12 months. No party to or participant in a City proceeding shall make a contribution of more than $500 to a councilmember or commissioner during the proceeding and for 12 monthsfollowing the date a final decision is rendered by the City. No agent to a party or participant shall make a contribution in any amount to a councilmember of
commissioner during the proceeding and for 12 months
following the date a final decision is rendered by the City.

3. Prior to rendering a decision on a City proceeding, any councilmember or commissioner who received
contribution of more than $500 within the preceding 12
months from any party, or agent, to a proceeding shall
disclose that fact on the record of the proceeding, and shall be disqualified from participating in the proceeding. However, if any councilmember or commissioner receives a
contribution that otherwise would require disqualification, and returns the contribution within 30 days of making the decision, or knowing about the contribution and the
relevant proceeding, whichever comes last, that
councilmember or commissioner shall be permitted to
participate in the proceeding.
1 “Party” is defined as any person who files an application for, or is the subject of, a proceeding.
2 “Participant” is defined as any person who actively supports or opposes a particular decision in a proceeding.
3 “Agent” is defined as a person who represents a party in connection with a proceeding for compensation who appears before or otherwise communicates with the City for the purpose of influencing the proceeding. If an individual acting as an agent also is acting as an employee or member of a law, architectural, engineering, or consulting firm, or a similar entity or corporation, both the individual and the entity or corporation are agents.

When a closed corporation is a party to a proceeding, the majority shareholder is subject to these provisions.

To determinewhether a campaign contribution ofmore than $500 has been made by you or your agent to a
councilmember or commissioner within the preceding
12 months, all contributions made by you or your agent
during that period must be aggregated.

Names of currentCity councilmembers and commissioners
are available on the City’s website. If you have questions about Government Code Section 84308, FPPC
regulations, or the Campaign Disclosure Form, please
contact the City Clerk.

CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(a) Document:
□ License
□ Lease
□ Permit
□ Franchise
□ Other Contract
□ Other Entitlement
Name and address of any party, participant, or agent who has contributed more than $500 to any councilmember or
commissioner within the preceding 12 months:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(b) Date and amount of contribution:

Date Amount $
Date Amount $
Date Amount $
(c) Name of councilmember or commissioner to whom
contribution was made:

1. ____________________________________

2. ____________________________________

3. ____________________________________
(d) I certify that the above information is provided to the best of my knowledge.

Printed Name
Signature
Date Phone
To be completed by City:

Document No: ______________________________
Agenda Item #7.8:

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336531.3
Agenda Item #7.8:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Administration
Staff Contact
Rebekah Barr, MMC, City Clerk
Agenda Item Title
Receive City Clerk's Certification That There are Not More Candidates than Offices to be Elected for Districts 3 and 5 at the General Municipal Election on November 3, 2026, and Adopt a Resolution Providing for the Appointment to the Offices of Districts 3 and 5 in This City That Were to be Elected on Tuesday, November 3, 2026 Summary
The City of Sonoma is conducting its General Municipal Election on Tuesday, November 3, 2026, which includes the election of one City Council Member in each of the City's five districts. The nomination period closed on Friday, August 7, 2026. At the close of the nomination period, there were not more candidates than offices to be elected for City Council Districts 3 and 5. John Gurney was the only person nominated for the District 3 City Council seat, and Ron Wellander was the only person nominated for the District 5 City Council seat.

Both offices are for the 2026–2030 term. The City Clerk's Certification to these facts is attached.

California Elections Code Section 10229 establishes a procedure when there are not more candidates than offices to be elected. Under the statute, the City Council may (1) appoint to the office the person who has been nominated; (2) appoint any eligible elector if no one has been nominated; or (3) hold the election if either no one or only one person has been nominated. A person appointed pursuant to Section 10229 is considered to have been elected and shall qualify, take office, and serve exactly as if elected at a municipal election.

Option 2 is not available to the City Council because there was one nominee for each District.

A notice of the number of candidates and the available courses of action under Section 10229 was published in a newspaper of general circulation on Thursday, August 13, 2026, as required by law. It was also provided to the City Council and members of the public by posting online and on the public notice board at City Hall. Following the publication of the notice, the City Council may make the appointments authorized under Section 10229.

The proposed resolution would appoint John Gurney to the office of City Councilmember, District 3, and Ron Wellander to the office of City Councilmember, District 5. Upon appointment, each person would be considered elected to the respective office and would qualify, take office, and serve in the same manner as if elected at the November 3, 2026, municipal election.

Accordingly, if the Council adopts the proposed resolution, the November 3, 2026, election for the District 3 and District 5 City Council seats would be canceled. The proposed action would not affect any other offices, measures, or contests that may appear on the November 3, 2026, ballot.

Recommended Council Action
Agenda Item #7.9:

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Receive the City Clerk's Certification and Adopt the resolution appointing John Gurney and Ron Wellander to the District 3 and 5 seats, and cancelling the elections in those two districts.

Alternative Actions
The City Council could choose to not adopt the resolution and allow the elections to appear on the ballot with one candidate.

Financial Impact
Appointment pursuant to Elections Code Section 10229 will eliminate the costs associated with conducting an election contest for the District 3 and District 5 City Council offices. The precise reduction in election costs will depend on the County's allocation of election expenses and the final ballot configuration. However, based on the Sonoma County Registrar of Voters' quote it would be approximately $23,000.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
City Clerk Certification of One Candidate
Resolution - District 3 and 5 Appointment
Alignment with Council Goals:

Agenda Item #7.9:

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CITY CLERK'S CERTIFICATION

THAT THERE ARE NOT MORE CANDIDATES THAN OFFICES TO BE ELECTED FOR DISTRICT 3 AND DISTRICT 5 AT THE GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2026
I, Rebekah Barr, MMC, City Clerk/Elections Official of the City of Sonoma, do hereby certify that pursuant to § 10229, Elections Code of the State of California, to the following facts relating to the General Municipal Election to be held on Tuesday, November 3, 2026:

As of the close of the nomination period on August 7, 2026, there are not more candidates than offices to be elected.

The person(s) so nominated are:

John Gurney, District 3
Ron Wellander, District 5
That §10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:

1. Appoint to the office the person who has been nominated.

2. Appoint to the office any eligible elector if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

A notice of these facts will be published on Thursday, August 13, 2026, in a newspaper of general circulation in the city pursuant to § 6061 of the Government Code. After the fifth day following the date of publication, the City Council will meet to either make the appointment(s) or direct an election to be held. The persons appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

If, by the 75th day before the municipal election, no person has been appointed to the office(s) pursuant to (1) above, the election shall be held.

If the City Council makes an appointment pursuant to § 10229, Elections Code, the City Clerk shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.

Rebekah Barr, MMC,
City Clerk/Elections Official
(SEAL)
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City of Sonoma
RESOLUTION # ________ - 2026

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONOMA, CALIFORNIA, PROVIDING FOR THE APPOINTMENT TO THE OFFICE(S) OF DISTRICTS 3 AND 5 IN THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 3, 2026 WHEREAS, pursuant to§ 10229 of the Elections Code of the State of California, as of the close of the nomination period on Friday, August 7 , 2026, there are not more candidates than offices to be elected for Districts 3 and 5, and that § 10229 of the Elections Code allows one of the following courses of action to be taken by the City Council:

1. Appoint to the office the person who has been nominated.

2. Appoint to the office any eligible elector if no one has been nominated.

3. Hold the election if either no one or only one person has been nominated.

WHEREAS, a notice was published on Thursday, August 13, 2026, in a newspaper of general circulation pursuant to law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to § 10229 of the Elections Code of the State of California, the following action is being taken:

The following persons are being appointed to the offices to which they were nominated, · and are considered to be the same as being elected, pursuant to § 10229(a)(3) of the Elections Code:

NAME OFFICE TERM
John Gurney Member of the City Council, District 3 2026 – 2030 Ron Wellander Member of the City Council, District 5 2026 – 2030 SECTION 2. The election scheduled to be held on Tuesday, November 3, 2026, for one council seat in District 3, is now canceled.

SECTION 3. The election scheduled to be held on Tuesday, November 3, 2026, for one council seat in District 5, is now canceled.

SECTION 4. The person(s) appointed, if any, shall qualify and take office and serve exactly as if elected at a municipal election for the office.

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SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, RESOLVED, AND ADOPTED, at a Regular meeting of the City Council of the City of Sonoma on this 19h day of August 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Ron Wellander, Mayor
ATTEST:
____________________________________
Monique Saviez Burns, CPMC, CMC
Deputy City Clerk
Agenda Item #7.9:

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City of Sonoma
Agenda Item Summary
Meeting: City Council - 19 Aug 2026
Department
Community Development
Department
Staff Contact
Jennifer Gates, AICP, Community Development
Director
Agenda Item Title
Study Session to Discuss Draft Ordinance for Mobilehome Park Closures and Conversions Under the City of Sonoma Municipal Code and Recent Legislative Changes Under AB 2782 and SB 610.

Summary
Background
On November 5, 2025, the City Council held a Study Session (Link to Agenda, Report, and Video) to discuss legal and procedural requirements for mobilehome park closures and conversions under the City of Sonoma Municipal Code and recent legislative changes under AB 2782 and SB 610. At that meeting staff provided the requirements under Sonoma Municipal Code Chapter 9.82, the existing closure/conversion process, and the updates needed to comply with state law.

On December 3, 2025, the City Council held a Study Session (Link to Agenda, Report, and Video) to provide direction to staff on revisions to the closure and conversion ordinance allowed under state law for inclusion in an updated draft ordinance to be considered and adopted in early 2026. AB 2782 amended Government Code section 65863.7, which provides the minimum requirements for mobilehome park conversions and states:

This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures.[1]
To assist the discussion, staff prepared two matrices:

1. Compliance Options – provides current code, state law, proposed ordinance provided by the mobilehome owners and residents (Tri-Park Committee ordinance), and options for consideration to begin the discussion.

2. Jurisdiction Examples – Examples from four cities comparing key components of their mobilehome conversion and closure ordinance.

Staff separated the discussion into key areas with questions to assist in the dialogue. At that meeting staff received direction from City Council and some questions for further discussion.

The City Attorney’s office and staff updated the existing ordinance based on the direction received, which was provided in strikeout and underline format at a City Council Study Session held on April 15, 2026 (Link to Agenda, Report, and Video). Staff also summarized the direction in the updated Compliance Options Matrix. At the meeting City Council recommended having an additional study session to further discuss specific topics.

Since the April meeting, staff has met with the Tri-Park Committee and Legal Aid at their Agenda Item #9.1:

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request to hear their concerns. They have also provided additional letters and information on how some of these policy decisions would impact a mobilehome owner and/or resident. The following discussion topics were requested by the City Council and staff has added additional information that was provided by the Tri-Park Committee or by the attorney for the mobilehome park owners as to the basis for their requests on the specific discussion items. At the end of each topic is a staff recommendation that we are seeking direction on from the City Council.

Discussion Topics
Concurrent Processing – The Tri-Park Committee, which includes representatives from the mobilehome residents and owners, provided in their comments their concern that a mobilehome park owner may request a closure to the park without proposing a development project at the same time creates a way to circumvent the Housing Crisis Act (HCA). HCA is a law that applies to a proposed development project that includes the demolition of housing or is located on a site where the demolition of housing occurred in the last five years. If a mobilehome park owner closes a park, the park would need to be vacant for 5 years for the Housing Crisis Act (HCA) to no longer apply. In addition, the Tri-park Committee also commented that the separate review “can weaken resident opposition” to a project since they will potentially no longer be residing there. And that relocation of residents should not be allowed before a redevelopment project is actually ready to build.

If a mobile home park owner files a change of use application at the same time they file for a development permit, then the City’s proposed ordinance will require that both applications be processed concurrently. In addition, if a mobile home park owner submits a development application for a project subject to the HCA after obtaining approval to close the park, then the park owner will have to comply with the requirements of the HCA. Staff suggested at the last meeting to require a declaration under penalty of perjury when an applicant requests a park closure with no known project on the horizon. (See attached memo from the City Attorney’s office regarding the Mobile Home Closure law and the Housing Crisis Act.) Staff does not recommend requiring an application for a development project in the instance of a closure, only for a change of use. Staff recommends that the Council direct the inclusion of the declaration under perjury in the draft ordinance.

Rent Stabilization Ordinance (RSO) – Concern was raised by the Tri-Park Committee that the threat of closure leads to agreeing to rent increases that are outside the allowable limits under the existing RSO. The rent increases can lead to displacement and loss of their homes.

The City Attorney stated at the last council meeting that the existing rent stabilization ordinance provided protection against the threat of closure as it allows for a process to raise the rent above the allowed increase in order for the park owner to obtain a fair return. This can be a lengthy process and requires expert analysis and a hearing process which the TriPark Committee feels would require them to have legal representation to represent their concerns in the process which would be costly.(See SMC Section 9.80.080) While staff recognizes the process involved, there is a process in place, therefore staff recommends no modifications to the ordinance.

Comparable Parks – A relocation report requires the location and details of all “comparable parks” to determine if there are spaces available to relocate mobilehomes in a similar mobilehome park. The Tri-Park Committee in their draft ordinance provided a new definition for comparable parks that could be used to determine potential parks for relocation in the event of a closure or change of use. Their ordinance while expanding to mobilehome parks in Napa County, it would exclude any parks that have a CalEnviroScreen Score higher than the park being converted or closed and those in a disadvantaged community from the potential Agenda Item #9.1:

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list. The City’s current regulations allow for any mobilehome park with similar amenities and proximity to services in Sonoma County to be used. The existing comparable park definition would only limit the mobilehome parks based on amenities and proximity to services while the expanded definition provided by the Tri-Park Committee would further limit based on the CalEnviroScreen and disadvantaged community designation. For the study session in April, staff prepared a memo providing information on what the difference is between staff’s draft ordinance and the recommended change by the Tri-Park. (see attached) Staff recommends keeping the definition open ended to allow for more potential park options during the discussion and preparation of the final Relocation Plan.

Definition of Disaster - In the letters submitted by Mr. Ditlevsen, the attorney for the mobilehome park owners, he raised a concern regarding the need for an exemption in the case of a local disaster. The definition of disaster provided by state law only recognizes state and federal declaration of emergencies, not local. In addition, Government Code section 65863.7 exempts the requirement for relocation assistance for disasters as defined by Section 798.64 of the Civil Code (definition below). State law does not exempt an applicant from providing an impact report nor a jurisdiction from making the required findings for a change of use.

Section 798.64 of the Civil Code
“Disaster” means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor.

In addition, Subsection (l) of Government Code 65863.7 establishes the minimum protections but that municipalities are allowed to “enact[] more stringent measures.” Expanding the definition of “disaster” would create a less stringent measure that could conflict with state law.

During the last Study Session, the City Attorney commented that park owners could potentially utilize proposed Section 9.82.070 Exemption from relocation assistance obligations, as means of seeking a reduction in the relocation expenses in the event of a local disaster without providing a new definition for disaster. Staff recommends that the definition for a disaster be consistent with state law.

Additional Jurisdiction Examples – City of San Jose, Sonoma County, and Alameda County do not have a closure ordinance currently. City of San Jose and Sonoma County conversion ordinances are attached along with an implementation policy from the City of San Jose. Alameda County is currently in process of preparing an Ordinance for closure and conversion.

In addition to the discussion items above, City Council recommended several modifications to the Ordinance that have been incorporated into the draft ordinance and highlighted in yellow.

These include:
 Modify definition for comparable housing to include “safe and sanitary” as stated in the health code.
 Require Spanish translation for required notices and outreach.  Add a section that state law supersedes this ordinance.

Public Comments
Throughout the process staff has met with the Tri-Park Committee, mobile home park owners, and Legal Aid of Sonoma County to hear concerns. In addition, all comments that have been Agenda Item #9.1:

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received have been taken into consideration and made available to the public and City Council. Staff has compiled all the comments received on this item and are available here:
https://sonomacity.civicweb.net/filepro/documents/302055/.

Next Steps
Staff is requesting direction from the Council in order to prepare and introduce the final draft ordinance. City staff will continue to work with residents and park owners through the process to ensure everyone has the time and forum to provide input before a public hearing. [1] Gov. Code, § 65863.7, subd. (l).

Recommended Council Action
Provide direction to City staff to incorporate into the draft ordinance.

Alternative Actions
Council discretion.

Financial Impact
Not applicable.

Environmental Review Status
Environmental Impact Report
Negative Declaration
Exempt
Not Applicable
Approved/Certified
No Action Required
Action Requested
Attachments
Memo re Mobile Closures and HCA
MH Comparable Parks
Example Ordinances
Chapter 9.82 redline 08052026
Alignment with Council Goals:

Agenda Item #9.1:

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444271.5
ADAM N. MENTZER | 213-542-5738 | [email protected]
775 BAYWOOD DRIVE, SUITE 304, PETALUMA, CALIFORNIA 94954 | (707) 986-8091

MEMORANDUM
TO: Jennifer Gates, Community Development Director
City of Sonoma
DATE: August 4,
2026
FROM: Adam N. Mentzer FILE NO. 49076.4008
CC: Cristine Alilovich, Interim City Manager
RE: Mobilehome Park Closures and the Housing Crisis Act I. Question Presented
Does the Housing Crisis Act apply every time a mobilehome park owner seeks to close a mobilehome park?
II. Brief Answer
No. The Housing Crisis Act applies when the City is asked to approve certain development projects, not when a park owner requests approval to close or change the use of a mobilehome park.

III. The Big Picture: Two Separate Laws, Two Separate Decisions California law treats mobilehome park closures and future redevelopment of the land as two legally distinct steps:

Step 1: Can the park close or change use?
This is governed by the mobilehome park closure statute (Government Code section 65863.7).

Step 2: What, if anything, can be built later?
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This is governed by the Housing Crisis Act (“HCA”), but only if a qualifying development project is actually proposed.

While these steps can happen at the same, they can also happen years apart. The second step may never happen at all.

IV. Step 1: Mobilehome Park Closures (Government Code § 65863.7) When a mobilehome park owner wants to close a park or stop using the land as a mobilehome park, state law requires the City to review the park owner’s proposed change of use. The City’s review focuses on the impacts to current residents, not on future development.

Before approving a mobilehome park closure or change of use, the City must review a closure or change of use impact report that addresses:
• How the closure affects displaced residents
• Whether residents can find adequate housing in a mobilehome park • How the impacts on displaced residents can be mitigated • The in-place market value of a homeowner’s mobilehome At this stage, the City may impose conditions on its approval of the park owner’s request to close or change use.

The park closure process does not approve new development or demolition, or require a development proposal. Under state law, a park owner can seek approval to close a park even if the land will remain vacant or unused afterward.

V. Step 2: The Housing Crisis Act (Government Code §§ 66300 – 66300.6.5) The HCA applies only when the City is asked to approve:
• A housing development project that:
• Would demolition existing housing units, including mobilehomes; and
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• Does not create at least as many housing units as would be demolished.
• A development project that:
• Would demolish existing housing units, including mobilehomes; or • Is proposed on land where mobilehomes were demolished within the prior five years.

The Housing Crisis Act does not automatically apply to requests to close or change the use of a mobilehome park. If no qualifying development project is proposed, the HCA does not apply. When the HCA does apply, it limits the City’s ability to approve development projects unless certain conditions are met, such as replacement housing, affordability requirements, and tenant protections tied to the new development.

The five‑year period is meant to capture redevelopment that is closely tied in time to a park’s closure or change of use, while avoiding rules that would apply indefinitely even if redevelopment is delayed for many years or never occurs.

The HCA does not require the City to combine its park closure or change of use review with development approval. The HCA applies on its own terms whenever its conditions are met, whether or not those requirements are restated in local ordinances.

VI. Reasons Why the HCA Does not Always Apply
Applying the HCA requirements during every park closure or change of use review is inconsistent with how state law is written and structured. Combining these two processes would:
• Force park owners to apply for costly development permits before knowing whether closure or change of use is allowed or feasible; and • Impose obligations that are expressly tied by the Legislature to the approval of a qualifying development project and may never be triggered.

If a mobilehome park owner files a park closure or change of use application at the same time they file for a development permit, then the City’s proposed ordinance will require that both applications be processed concurrently. Practically speaking, this will likely result in cost-savings to the park owner, because they can utilize the closure or Agenda Item #9.1:

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change of use impact report process to determine their replacement and relocation obligations arising under the HCA as a result of the redevelopment.

However, the City does not require that a mobilehome park owner file a development application to obtain approval to close or change the use of a mobilehome park. If a mobilehome park owner submits a development application for a project subject to the HCA after obtaining approval to close or change the use of the park, then the park owner will have to comply with the requirements of the HCA.

Some have expressed concern that treating park closure and redevelopment as separate steps could allow a park owner to close a park and pursue redevelopment years later without triggering HCA requirements. State law, however, addresses redevelopment impacts through specific legal triggers tied to demolition and approval of development projects, not through the park closure process itself. State law creates separate processes and different protections for residents displaced by park closures, and for residents affected by new development that replaces a former mobilehome park.

VII. Key Takeaways
• Park closures or changes of use and redevelopment are legally separate and distinct processes
• The mobilehome park closure statute governs whether a park may close or change use
• The Housing Crisis Act governs the City’s approval of certain housing development projects
• The HCA is not triggered automatically when a closure or change of use permit is requested
• Cities are not required to merge these two processes into a single approval process
VIII. Disclaimer
This memorandum is provided for general informational purposes only. It summarizes and simplifies complex areas of state law and is not intended to provide legal advice. It should not be relied upon as a substitute for legal counsel or for a full review of applicable laws and regulations.

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Comparable Mobilehome Park Options
Current Code Definition:
“Comparable mobilehome park” means any other mobilehome park within Sonoma County, substantially equal in terms of park amenities, rent and proximity to services.

TriPark Proposed Definition:
“Comparable mobilehome park” is one that meets all of the following requirements:
(1) It must be substantially similar to the mobilehome park proposed to be converted or closed in terms of its rent, amenities, proximity to services, proximity to the homeowner’s place of employment, its overall condition, and quality, including the condition and quality of its infrastructure.
(2) Its California Environmental Protection Agency’s “CalEnviroScreen” score must not be higher than the score of the census tract in which the mobilehome park proposed for conversion or closure is located.
(3) It must be in Sonoma County, Napa County, or within twenty (20) miles of the mobilehome park proposed to be converted or closed.
(4) A mobilehome park that is located in a census tract that has been designated by the California Department of Environmental Protection as a “disadvantaged community” based on its CalEnviroScreen cannot be listed or considered under this Chapter as a comparable mobilehome park unless it is demonstrated, through clear and convincing evidence, that the conditions in the census tract, upon which the designation is based, do not occur in the section of the census tract in which the mobilehome park is located.

What is a CalEnviroScreen?
“CalEnviroScreen is a mapping tool that identifies communities most impacted by pollution.

CalEnviroScreen uses environmental, health, and socioeconomic information to compare pollution burden and community vulnerability for census tracts across the state.” See Technical Report for more details on the methodology. See CalEnviroScreen 5.0 (Draft) Map.

What is a “disadvantage community”?
“Disadvantaged communities in California are specifically targeted for investment of proceeds from the state’s Cap-and-Trade Program. These investments are aimed at improving public health, quality of life and economic opportunity in California’s most burdened communities, and at the same time, reducing pollution that causes climate change.” See Disadvantaged Communities Map.

How does this impact “comparable mobilehome list”?
The relocation report requires the location and details of all “comparable parks” to determine if there are spaces available to move the mobilehomes to. While the City’s current regulations allow Agenda Item #9.1:

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for any mobilehome park with similar amenities and proximity to services in Sonoma County to be used, the TriPark recommended ordinance would also include Napa County, it would remove mobilehome parks that have a CalEnviroScreen Score higher than the park being converted or closed and exclude those in a disadvantaged community.

As an example, currently two of the mobilehome parks have a CalEnviroScreen 5.0 (Draft) scores of

24.78 and one with 23.18. Sonoma is in the lower percentile as seen in the map below.

For comparison purposes, staff looked at the map for Santa Rosa along with the location of mobile home parks in and around Santa Rosa. The mobilehome parks located along Hwy 101 would not meet the Enviroscreen Score requirement (yellowish green and orange), while those in the darker green would.

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Exhibit A
City of San Jose, California

COUNCIL POLICY

TITLE CONVERSION OF MOBILEHOME

PARKS TO OTHER USES
PAGE
1 of 12

POLICY NUMBER
6-33

EFFECTIVE DATE REVISED DATE
APPROVED BY COUNCIL ACTION February 23, 2016, Item 4.2(b), Res.

No. 77673; Amended May 16, 2017, Item 4.1(c), Res. No. 78166.

BACKGROUND
"Immobile" Homes on Rented Land
Mobilehomes may look like single-family detached houses, but in most cases they are manufactured (factory-built) homes installed in mobilehome parks that may or may not be affixed to a foundation. Unlike other homes where the home-owner owns the land or at least the airspace, the land beneath the mobilehome is, typically, not owned by the purchaser of the mobilehome. The mobilehome owner pays space-rent to the mobilehome park owner for the privilege of use of the space. Mobilehomes have purchase prices that are substantially less than single-family detached houses due to mobilehomes' factory construction and non-ownership of the land. The result is a hybrid type of housing arrangement, where the resident owns the housing unit, but leases or rents the land on which the housing unit is placed. This arrangement might not be so challenging to set up or maintain if the mobilehome owner could easily move to another mobilehome park, but once a mobilehome is installed in one mobilehome park it is extremely difficult to move the mobilehome to another mobilehome park. In particular, older mobilehomes that are not constructed up to current codes cannot be moved into another mobilehome park. Lack of available spaces in mobilehome parks throughout the region could severely limit the ability to relocate mobilehomes. For practical purposes, the immobility of mobilehomes means if a mobilehome park converts to another use, the mobilehome will very likely be destroyed, the mobilehome owner will lose that significant asset, and any compensation that the mobilehome owner recovers will be that provided in accordance with State and local law.

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Parks in San Jose and the Surrounding Area
San Jose has had mobilehome rent control since 1979. Approximately 10,800 mobilehome park spaces received plumbing, electrical, and sewer permits on or before September 7, 1979 and are thus subject to rent control under San Jose Municipal Code Chapter 17.22. This rent control ordinance allows automatic annual rent increases of 75% of the Consumer Price Index (CPI), but not less than 3% or more than 7%. San Jose's rent control ordinance also imposes vacancy control that limits rent increases when a mobilehome is sold, which allows residents to protect their investments.

Although according to staffs research in Fall 2015 there were approximately 21,750 mobilehome spaces in the Santa Clara, Alameda, San Mateo and Santa Cruz counties (the four-county area) surrounding (but not including) San Jose, only approximately 9,700 of them were rent-controlled spaces.

Park Residents in San Jose
San Jose's mobilehome parks are occupied by a variety of individuals and families, including low-income or fixed-income seniors and families. Most residents are owners of their mobilehomes. Additionally, since the ordinance regarding mobilehome park conversions (the Ordinance), now in Chapter 20.180, was adopted in 1986 as an ordinance amending Title 20 (the Zoning Code) of the San Jose Municipal Code, many more mobilehome park residents have limited English proficiency.

Decreasing Number of Spaces for Relocation
No new mobilehome parks have been built in the City of San Jose in the last 30 years, and few new mobilehome parks have been built in the State during this time. According to data from the State Department of Housing and Community Development in the last 15 years, approximately 900 mobilehome spaces have been lost in the four-county area due to park closure. As housing and land prices increase, it is reasonable to assume these losses may escalate making it more difficult over time to relocate residents to mobilehome parks in San Jose and even within the four-county area addressed in Chapter 20.180.

Inability to Afford Available Mobilehomes
As housing costs and land values escalate, interest in mobilehome park conversion to other uses increases, as does demand for rent-controlled mobilehome park spaces.

Mobilehomes available for sale and vacant spaces in the City of San Jose rentcontrolled mobilehome parks are unlikely to be sufficient to address the demand created by closure of a relatively large mobilehome park, and unless new parks are constructed this imbalance will increase as mobilehome parks close in the four-county area.

Based on the data submitted to the Housing Department over the last several years, space-rents in the City of San Jose's mobilehome parks are typically between $550 and T-27614.003/1394062_4.doc 2
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$1550 per month. Mobilehome owners who have occupied their mobilehome parks for a long period of time are more likely to have lower rent. Thus, even if the lower-income or fixed-income mobilehome park residents are able to find a mobilehome to purchase in another San Jose mobilehome park, their incomes may not allow them to meet the other mobilehome park's income requirements because space-rent and the mortgage for the purchased mobilehome will be more than their monthly costs were in their previous mobilehome park location. Consequently, it may be challenging to mitigate the economic impact of conversion and relocation on lower-income and fixed-income mobilehome owners.

Existing Conversion Ordinance
Under Section 20.180.630 of Chapter 20.180 of the Zoning Code, when a mobilehome park owner files an application for mobilehome park conversion, the mobilehome park residents become eligible for benefits under the required program of relocation and purchase assistance. Since this Ordinance was adopted in 1986, there has not been a conversion of a mobilehome park to another use in the City that has been subject to the conversion provisions in the Zoning Code. Over the last several years, several questions have arisen regarding mobilehome park conversion requirements and procedures under Chapter 20.180. Staff has concluded that several of the procedures and definitions would benefit by additional clarification.

Council Direction
The City is concerned that conversions of existing mobilehome parks in the City of San Jose to other uses may result in (a) the permanent displacement of a substantial number of mobilehome residents, (b) the risk of homelessness for lower-income mobilehome residents due to the inability to afford and qualify for available mobilehomes in San Jose, (c) the loss of a large amount of relatively affordably-priced housing, (d) the reduction of housing-type choice, and (e) the destruction of established residential communities. The City is also concerned that there is a lack of clarity regarding a sufficient program of relocation and purchase assistance.

As land and housing prices have escalated, there have been more questions to staff regarding mobilehome park conversion requirements and procedures. At least one mobilehome park owner has indicated to the residents of that mobilehome park an interest in converting to another use. As a result of this interest, in 2014 many mobilehome park residents expressed concerns about potential displacement from their homes, and asked the City Council to strengthen regulations for the preservation of existing mobilehome parks and the protection of mobilehomes as affordably-priced housing. In response, the City Council directed staff to prepare a Council Policy to further clarify the provisions in Chapter 20.180 and provide additional guidance for the review of applications of mobilehome park conversion to other uses as described herein.

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GUIDING PRINCIPLES
As stated in Chapter 20.180, proposed conversions of mobilehome parks to other uses (conversions), should only be approved when findings can be made that the following guiding principles are furthered by such approval:

1. Make adequate provision for the housing needs of all economic segments of the community;

2. Facilitate resident ownership of mobilehome parks, while recognizing the need for maintaining an adequate inventory of rental space within mobilehome parks;

3. Provide a reasonable balance between mobilehomes and other types of housing;

4. Inform prospective conversion purchasers regarding the physical conditions of the structures and land offered for purchase; and

5. Reduce and avoid the displacement of long-term residents, particularly senior citizens, people with disabilities, those who are of low-income, and families with school-age children, who may be required to move from the community due to a shortage of replacement mobilehome housing.

PURPOSE
The purpose of this City Council Policy (Policy) is to provide clarification regarding how the above principles should be implemented on a project-specific basis so that the City's decisions on proposed conversions are consistent with these guiding principles.

POLICY

1. Clarification of Certain Definitions in Parts 1-4 of Chapter 20.180 a. "Designated Resident Organization" as described in Section 20.180.110 should be interpreted to include any association formed by the residents that has provided the owner or manager of the mobilehome park written notice of the name and address of the organization and the name and address of the representative of the organization to whom all notices under Chapter 20.180 shall be given. An association may be formed at any time, but for the purpose of negotiating to purchase the park, written notice of the exercise of this right shall be provided to the park owner within sixty (60) days of the date of issuance of the notice of intention to convert. There may be more than one such association. If there is at least one Designated Resident Organization representing at least 10% of the spaces, then any association representing less than 10% of the spaces shall not be considered Designated Resident Organizations. "Spaces" for T-27614.003/1394062_4.doc
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the purposes of this paragraph should only include spaces that are not owned by the mobilehome park owner or a proposed developer. b. "Mobilehome" should be interpreted to include all structures meeting the criteria in California Civil Code Section 798.3 including trailers, motorhomes, recreational vehicles or similar units, as may be amended from time to time.
c. "Handicapped Mobilehome Owner" should be interpreted to include all persons who are disabled under State disability law and the Americans with Disabilities Act.
d. "Good Faith Negotiations" should be interpreted to include the following characteristics:
i. Sufficient information, including but not limited to a current appraisal should be provided to each Designated Resident Organization so that the value of the mobilehome park as a mobilehome park can be established. The mobilehome park owner may require such information to be held in confidence by a third party.
ii. A detailed response by the applicant based on the price and terms in the offer should be provided within the 180-day period to any written offer by any Designated Resident Organization provided within 15 business days.
e. The definition of "Mobilehome park conversion of use" should not be interpreted to exclude projects described as "park closure" from the requirements of Chapter 20.180.
f. The statement of the rights of mobilehome owners, mobilehome tenants and residents required to be included in the notice of intention to convert (notice of intention) in Section 20.180.340.B should be interpreted to mean those rights set forth in Sections 20.180.360 and 20.180.370, and the rights of Designated Resident Organization(s) should be interpreted to mean those rights set forth in Section 20.180.380.
g. "Relocation Impact Report" should be interpreted to mean the report required pursuant to Government Code Section 65863.7 as may be amended from time to time and as may be supplemented pursuant to Chapter 20.180 or this Council Policy.

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2. Clarification of Standards for Program of Relocation and Purchase Assistance
In evaluating whether a satisfactory program of relocation and purchase assistance has been provided the following considerations should be taken into account:
a. The appraiser should be selected from a pre-qualified list of appraisers with at least five (5) years of experience provided by the City. When the mobilehome park owner hires an appraiser, the mobilehome park owner should select an appraiser who is acceptable to the Designated Resident Organization(s). The mobilehome park owner should notify the Designated Resident Organization(s) of the mobilehome park owner's proposed appraiser before conducting appraisals and provide an opportunity for the Designated Resident Organization(s) to object to the proposed selection of appraiser. If a Designated Resident Organization(s) rejects the mobilehome park owner's proposed appraiser, the Designated Resident Organization(s) should provide a list of at least three appraisers that are acceptable to the Designated Resident Organization(s) to the mobilehome park owner. In the event more than one such Designated Resident Organization objects, the Designated Resident Organizations must jointly provide a single list of at least three appraisers to the mobilehome park owner.
b. Appraisals should list in-place value of mobilehomes, both current and prior to any public discussion or communication regarding sale or conversion of the mobilehome park and should contain the elements described in item 3 below.
c. The mobilehome park owner should hire a relocation specialist selected by the mobilehome park owner from a pre-qualified list provided by the City to prepare the Relocation Impact Report (RIR) who is acceptable to the Designated Resident Organization(s). The mobilehome park owner should notify the Designated Resident Organization(s) of the mobilehome park owner's proposed relocation specialist before the relocation specialist commences work and provide an opportunity for the Designated Resident Organization(s) to object to the proposed selection of the relocation specialist(s). If a Designated Resident Organization(s) rejects the mobilehome park owner's proposed relocation specialist the Designated Resident Organization(s) should provide a list of at least two relocation specialists that are acceptable to the Designated Resident Organization(s) to the mobilehome park owner. In the event more than one such Designated Resident Organization objects, the Designated Resident Organizations must jointly provide a single list of at least two qualified relocation specialists to the mobilehome park owner.

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d. No unjust or unreasonable evictions should have occurred and no residents should have been coerced to sell without relocation benefits. e. All sales occurring after the delivery of notice of intention pursuant to Section 20.180.340 but before the application is filed should include a signed statement acknowledging that by selling the unit prior to the filing of the application, the mobilehome owner is waiving the benefits under the program of purchase and relocation assistance. The mobilehome owner may not waive benefits for renters occupying the units. f. For any eligible mobilehome owner whose home cannot be relocated to a comparable mobilehome park in the City of San Jose or relocated to another mobilehome park chosen by the mobilehome owner, the program of relocation and purchase assistance should provide for the purchase of the mobilehome at 100% of its in-place value consistent with Section

20.180.630.2.e as determined by the selected appraiser. g. A program of relocation and purchase assistance should provide payments for the costs of relocation and purchase assistance listed in the contents of the RIR as described in item 3 below, as that are applicable in each resident's circumstances. The mobilehome park owner (also referred to as applicant herein) should include a fair and transparent process for appeal of the determination of applicable assistance in the RIR, including but not limited to consideration of appraisals and reports by appraisers who may be hired by the Designated Resident Association and provide advance notice to the residents of such process.
h. A program of relocation and purchase assistance should provide sufficient subsidies and other measures to allow residents to find other adequate, safe housing priced at a level that does not create a housing burden. This City Council Policy incorporates the definition of housing costs resulting in undue burden in the City of San Jose's Housing Element for 2014-2023; housing costs that do not create a housing burden are housing costs that do not exceed 30% of gross income.
i. A program of relocation and purchase assistance should provide for payment of the costs to reinstall or replace any accessibility improvements made to a resident's mobilehome and surrounding area such as wheelchair ramps, lifts, and grab-bars. Such payments should be provided to displaced residents who made such accessibility improvements. j. A program of relocation and purchase assistance should include relocation specialist services including on-site meetings with the residents to assist them in evaluating, selecting and securing housing in a comparable park or other comparable housing. It should also include technical assistance related to the leasing or purchasing of replacement T-27614.003/1394062_4.doc
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housing, referral to affordable housing resources, assistance in making arrangements to move personal property and belongings and transportation of residents who are unable to drive to prospective replacement housing.
k. It is desirable that conversion projects with proposed residential uses contain housing that is affordable to all income levels of existing residents and provide a first priority opportunity to purchase or rent such units to existing residents. Units with rents and purchase prices restricted by recorded covenants will be considered desirable for mitigation of relocation impacts to lower-income residents.

I. The above standards may be waived, adjusted, or reduced if an applicant shows, based on substantial evidence, that applying the standards in this Policy would take property in violation of the United States or California Constitutions.

3. Clarification of Standards regarding Contents of RIR to supplement requirements in Section 20.180.630 of the Zoning Code.

In evaluating whether the RIR provided is consistent with a satisfactory program of relocation and purchase assistance, the following considerations should be taken into account:
a. The RIR should identify space vacancies and units for sale, including price and space rent, and required purchaser income (if available) in the Santa Clara, Alameda, San Mateo, and Santa Cruz counties (the four counties) and should indicate which, if any, may be subject to rent stabilization ordinances. The list should also include any mobilehome park specifically requested by a resident mobilehome owner within a 100-mile radius of the subject mobilehome park and for each such mobilehome park, the space-rents, whether the park is rent-stabilized and the qualifications for residency in each mobilehome park (e.g., age restrictions, no pets, minimum income), whether the mobilehome park has any available space and will accept mobilehomes being relocated and, if so, any restrictions such as size and age, on the relocated mobilehomes that would be accepted.
b. The RIR should indicate number of residents in the following categories:
earning less than 30% Area Median Income (AMI), 50% AMI and 80% AMI, disabled under State or Federal definitions or by declaration of the resident; senior citizens; and families with minor children. This information should be obtained via a confidential questionnaire sent by the park owner to each mobilehome owner and resident of the park on a form provided by the City. The questionnaires shall be kept separate from the rest of the RIR materials and shall not be included in the overall RIR sent to each mobilehome owner and resident. The identity of each mobilehome owner T-27614.003/1394062_4.doc
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and resident and his or her responses shall be kept confidential and used only to determine the relocation assistance to be provided to a particular mobilehome owner or resident. If a questionnaire contains insufficient information, the City may seek the information directly from the mobilehome owner and resident. The City shall be entitled to reimbursement for any such costs if the park owner failed or refused to obtain such information.
c. The RIR should discuss space-rent affordable for residents in the above 80% AMI and the various lower-income categories, assuming that spacerent plus typical mobilehome mortgage does not exceed 30% of income. d. The RIR should indicate the difference between the actual cost of housing available to the residents in the four counties (actual market rent) and the Federal Department of Housing and Urban Development's (HUD) fair market rent, and if this difference is more than 5%, the RIR should adjust the subsidies to reflect actual market rent. The rent subsidy should be the difference of rent paid by the resident in the mobilehome park and any higher rent for either a space at another mobilehome park if the mobilehome is relocated, or rent for comparable housing if the resident moves to other rental housing.
e. The RIR should include a discussion of measures available to ensure residents have options to relocate to housing that will be affordable once the rent subsidy is no longer available. Such measures might include provision of affordable housing (rental or for-sale) in the proposed conversion project, provision of additional mileage and other benefits needed for a move outside of the four counties, and phasing of resident relocation to allow residents to find new housing within their means. f. The RIR should list the other mobilehome parks that are in the closure/conversion process in the four counties and their size. The RIR should also list the mobilehome parks that have closed in the period commencing six months prior to the notice of intention in the four counties, and the outcomes (e.g., new city of residence, rent and space rent) for the former residents of those closed mobilehome parks. g. At a minimum, the RIR should include the following information with monetary values determined by the selected appraiser:
i. A description of proposed new use(s) for the subject site including, but not limited to appraisals of the mobilehome park site with the proposed uses on-site, and appraisal of the highest and best use of the mobilehome park site;
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ii. A proposed timetable with phases of relocation of existing residents and development of the new project delineated for conversion of the subject mobilehome park to another use;
iii. A legal description of the mobilehome park; and
iv. The number of spaces in the mobilehome park.
v. For each space in the mobilehome park:

1. The size in square feet, type (e.g., single-wide, recreational vehicle, stick-built), number of bedrooms, manufacturer, and date of manufacture of the mobilehome on the space, or if space is unoccupied indicate date of last occupation;

2. The number of occupants of the mobilehome and their
length of residency in the mobilehome park;

3. The total monthly space rent currently charged for each space with detail showing the space rent, utility charges, and any other charges paid by the resident to the park owner;

4. The in-place value the mobilehome would have if the
mobilehome park were not being closed;

5. Any improvements to the mobilehome, including but not limited to patios, porches, pop-out rooms and any recent major improvements to the home, including but not limited to a new roof or new siding;

6. Any information available to the mobilehome park owner concerning any disability or special need of the occupants, which may be kept confidential by the City.

7. An appraisal of the mobilehome park site if continued in use as a mobilehome park;

8. An appraisal of the mobilehome park site if used for the highest and best use allowable under the existing General Plan land use designation for the subject site;

9. If the appraiser identifies lack of maintenance, or
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in value as needed to eliminate the negative effect in value caused by the lack of maintenance or deterioration.

10. The purchase price of mobilehomes with similar size, age and number of bedrooms in comparable mobilehome parks
including rent-controlled mobilehome parks. For this
purpose, "comparable mobilehome park" means a
mobilehome park that is similar in size, age, condition, and amenities to the mobilehome park that is proposed for
closure, is located within a community similar to that in which the subject mobilehome park is located, and has similar access to community amenities such as the job market
where a displaced resident is employed, schools, shopping, medical services, recreational facilities, and transportation. h. The RIR should also enumerate the costs of obtaining other comparable housing for rent and for sale, including but not limited to the purchase price of comparable condominiums and the costs of moving into a comparable house or comparable apartment, including such items as first months' rent, security deposits and higher mortgage and Homeowner Association fee payments or rent of the comparable housing. The moving costs should include the cost to move furniture and personal belongings, temporary lodging, moving insurance, and the appraised value of personal property that cannot be reasonably relocated. For this purpose, "comparable housing" is defined as housing that meets or exceeds the minimum standards of the Housing Code, and is similar to the subject home in terms of rent, size, number of bedrooms and bathrooms, proximity to the resident's place of employment, amenities, schools, and public transportation.
i. The RIR should also include estimates from two moving companies acceptable to the Designated Resident Association that are licensed and bonded to move mobilehomes on public streets and highways, of the cost of moving each mobilehome in the mobilehome park up to a maximum distance of 100 miles, including transportation to the new site identified by the resident, the cost of permits, and tearing down and setting up the mobilehome at the new location, including the cost of any upgrades to comply with applicable Federal, State, and local building, plumbing, electrical, housing, mobilehome park, accessibility, and health and safety regulations, and the cost of moving any improvements, including but not limited to patios, porches and pop-out rooms, reinstallation, replacement or reconstruction of blocks, skirting, shiplap siding, porches, decks and awnings, earthquake bracing if necessary, insurance coverage during transport, and utility hook-ups, and any upgrades required by the mobilehome park or State or local law.

T-27614.003/1394062_4.doc
Council Agenda: 5/16/2017
Item No.: 4.1(c)
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4. Procedural Guidance.
a. Pre-application Voluntary Agreement regarding Purchase. Prior to submitting an application for conversion of a mobilehome park, mobilehome park owners may enter into a voluntary agreement with the mobilehome owners for relocation-impact and purchase-assistance that best addresses their particular situation. Mobilehome owners should have legal representation in the negotiation of such agreements. b. Translation of Documents related to Notice and Relocation Benefits.

Consistent with the City Housing Department and State policy, translated notices of intention, notices of rights, mobilehome purchase offers, and descriptions of relocation and purchase assistance benefits should be made available by the mobilehome park owners on request for limited English proficiency mobilehome residents and owners or their representatives. Such translations should be available in Spanish, Vietnamese, Chinese, Korean, and Tagalog. All documents provided in English should provide clear information in those languages on how to obtain translated copies.
c. Voluntary Agreement regarding satisfaction of Negotiation Requirements Allowed. If the Designated Resident Organization(s) and the mobilehome park owner agree in writing that negotiations required under Section 20.180.390 have occurred, the City may determine that the requirement for negotiations has been met prior to the initiation or completion of the 180-day negotiations period required by Section

20.180.390. Any "Voluntary Agreement regarding satisfaction of Negotiation Requirements" entered into by a Designated Resident Organization and the mobilehome park owner should contain, in 16-point font, an admonishment that the Designated Resident Organization should have legal representation before entering into and in negotiating such an agreement, that by entering into this agreement the Designated Resident Organization is giving up important rights, and that the 60-day period identified in Section 20.180.380 may still be available to another Designated Resident Organization at the mobilehome park.

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Council Agenda: 5/16/2017
Item No.: 4.1(c)
Agenda Item #9.1:

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Agenda Item #9.1:

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1 Chapter 9.82

MOBILEHOME PARK CONVERSIONS
Sections:

9.82.010 Purpose and intent.

9.82.015 Definitions.

9.82.020 Applicability.

9.82.025 Disclosure of notification requirements.

9.82.030 Relocation impact report required.

9.82.035 Notice and distribution of relocation impact report.

9.82.040 Notice to new residents.

9.82.045 Hearing on relocation impact report.

9.82.050 Findings.

9.82.055 Relocation assistance.

9.82.060 Bankruptcy exemption.

9.82.065 Administration fee.

9.82.010 Purpose and intent.

9.82.015 Definitions.

9.82.020 Applicability.

9.82.025 Application for conversion permit.

9.82.030 Notice of intent to residents.

9.82.035 Relocation impact report required.

9.82.040 Resident questionnaire required.

9.82.045 Notice of relocation impact report and hearing on conversion permit application.

9.82.050 Notice to prospective residents.

9.82.055 Hearing on relocation impact report.

9.82.060 Findings.

9.82.065 Relocation assistance.

9.82.070 Exemption from relocation assistance obligations.

9.82.075 Written agreement.

9.82.080 Expiration of approval.

9.82.085 Bankruptcy exemption.

9.82.090 Administration fee.

9.82.010 Purpose and intent.

A. Where a person proposes to convert an existing mobilehome park to another use or to close a mobilehome park or to cease using land as a mobilehome park, current provisions of state law, as set forth in Government Code Section 65863.7 and Civil Code Section 798.56, authorize the city to require the person proposing the change of Agenda Item #9.1:

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2 use to file and distribute a report on the impact of such change and further authorize the city to require measures to be undertaken to mitigate the adverse effects of the change of use upon the tenantsresidents of the mobilehome park who would be displaced by such change.

B. The city council finds and determines that unless mitigation measures are undertaken, the conversion, closure or cessation of use of mobilehome parks could have a substantial adverse effect upon park residents in terms of cost of relocation, scarcity of similar comparable housing within a reasonable proximity to the city, and the significantly higher costs of other types of housing in the immediate area if park residents cannot relocate to other mobilehome parks.

C. It is the intent and purpose of the city council in adopting this chapter to ensure that the social and fiscal impacts of a proposed conversion, closure, or cessation of use of a mobilehome park are adequately defined prior to consideration of a proposed change of use; to establish reasonable rules and regulations in accordance with the authority granted by state law to mitigate the adverse effects of relocationdisplacement upon mobilehome park residents who are confronted with a proposed changeconversion, closure, or cessation of use forof their mobilehome park or portions of the park; and so that the owners and occupants of mobilehomes and theresidents and owners of mobilehome parks understand their rights and responsibilities in such situations.

9.82.015. Definitions.
“Applicant” means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purposeconversion, closure, or cessation of converting, changing to another use, closing, or ceasing to use land as of a mobilehome park or any portion thereof. If the owner of the controlling interest in a mobilehome park is not the applicant, then the applicant must provide evidence of the controlling owner’s consent to the filing of the application.
“Cessation of use of land as a mobilehome park” means a decision by the owner(s) of a mobilehome park to discontinue the park’s discontinuation of use of property as a mobilehome park, which is not an adjudication of bankruptcy. “Closure of a mobilehome park” means one of the following:

A. A. A closure of a mobilehome park occurs when less than 75 percent of the occupiable spaces are leased by qualified homeowners as defined in the Mobile-Home Residency Law (Civil Code Section 798 et seq.). However, upon application of a mobilehome park owner, the city council may, in its absolute discretion and upon a finding of good cause, determine that a closure of a mobilehome park is not occurring, notwithstanding that less than 75 percent of the occupiable spaces are leased. Any such application by the mobilehome park owner shall be accompanied by an estimate of a qualified appraiser as to the fair market value of the mobilehome(s) and all associated Agenda Item #9.1:

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3 fixed property for which the foregoing exemption is requested. The appraiser’s estimate shall conform to the requirements of SMC 9.82.030(C)(12).9.82.035(C)(12).

B. B. Notwithstanding the provisions set forth in subsection A of this definition, a closure of a mobilehome park occurs when the city council, in its absolute discretion and upon a finding of good cause, determines that the mobilehome park owner has acted and/or has failed to act in a manner whichowner’s actions or omissions would cause a reasonable person to conclude that the mobilehome park owner intends to eliminate or reduce mobilehome spaces available for rent to the general public. Such acts or omissionsconduct may include, but are not limited towithout limitation, the withholding of available mobilehome spaces under the control of the mobilehome park owner, and statements by authorized agents and representatives of the mobilehome park owner to prospective buyers of the mobilehome park that the mobilehome park is being closed by the mobilehome park owner.

B.C. “Closure” iIncludes all closures contained incovered by Government Code Section 65863.7.
“Comparable housing” means housing which is comparable in floor area andsize, number of bedrooms, bathrooms, amenities, and other rooms to the mobilehome to which comparison is being made, which housing meets the minimum standards of safe, sanitary, and habitable found in the Uniform Housing Code. “Comparable mobilehome park” means any other mobilehome park within Sonoma County, substantially equal in terms of park amenities, rent and proximity to services. “Conversion of a mobilehome park” means changing the use of a mobilehome park or a portion thereof for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation. A conversion shall include, but not be limited to, a change of any existing mobilehome park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobilehome park are to be sold, or the. Conversion includes cessation of use of all or a portion of the park as a mobilehome park, whether immediately or on a gradual basis, or theand closure of a park.
“. Conversion of a mobilehome park” shall not include a conversion of a mobilehome park to resident ownership.
“Conversion of a mobilehome park to resident ownership” means a sale, transfer or assignment of a mobilehome park either directly or indirectly in whole or in part to mobilehome park’s homeowners and prospective homeowners for the benefit of the mobilehome park’s homeowners and prospective homeowners. A conversion of a mobilehome park to resident ownership may include but not be limited to, conversion of the community to a subdivision, condominiums, planned development, community apartments, stock cooperative, other form of corporate ownership, or by a nonprofit organization qualified pursuant to Internal Revenue Code Section 501(c)(3) for the Agenda Item #9.1:

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4 homeowners’ or prospective homeowners’ benefit. Notwithstanding any provision in this chapter to the contrary, in the event the conversion of a mobilehome park to resident ownership is by a nonprofit corporation qualified under Internal Revenue Code Section 501(c)(3),501(c)(3), homeowners may or may not have the right to participate through direct ownership of the mobilehome park and the nonprofit shall not be required to make an offer of participation to the homeowners.
“Department” shall mean the community development department of the city of Sonoma.
“Director” shall mean the director of the department.
“Resident with disabilities” means a resident with a physical or mental disability, as defined under the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, as amended from time to time. “Homeowner” means the owner(s) of a mobilehome.
“Impact report” means a report required by California Government Code Sections 65863.7 and 66427.4, as applicable, and containing the information set forth in SMC

9.82.030(C). “Impact report” does not include the impact required by Government Code Section 66427.5(b) for conversion to resident ownership. “Long-term lot” means anya mobilehome lot that has been occupied by the same mobilehome for at least nine of the 12 months prior to the adoption of this chapterpark. “Low-income household” means a household with an annual income less than 80 percent of the area median income of households in Sonoma County, as defined by the California Housing and Community Development Department. “Mobilehome” means a vehicle designed or used for human habitation and shall include camping trailers, motorhomes, slide-in campers and trailers, when used as the occupant’s principal place of residence, and mobilehomesstructure as defined in Health and SafetyCalifornia Civil Code Section 18211.798.3.
“Mobilehome lot” means any area or tract of land, or portion thereof, occupied or held out for occupancy by one mobilehome that is not owned by the park owner. “Mobilehome park” means anyan area or tract of land where 10two or more mobilehome lotssites are rented or leased, or held out for rent or lease, to accommodate mobilehomes used for human habitation.
“Moderate-income household” means a household with an annual income less than 120 percent of the area median income of households in Sonoma County, as defined by the California Housing and Community Development Department. “Relocation impact report” means a report required by Government Code Sections 65863.7 and 66427.4, as applicable, and containing the information set forth in SMC Agenda Item #9.1:

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