Professional Documents
Culture Documents
Be Courteous - TURN OFF your cell phones and pagers while the meeting is in session.
1. CALL TO ORDER
The Mayor will open the meeting and take public testimony on closed session items only. The
Council will then recess into closed session.
2. CLOSED SESSION
A: CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. Argonaut Investments,
Inc. a Delaware Corporation and Rancho Sonoma Partners, LLC, A California Limited Liability
Company v City of Sonoma, a municipal corporation; Does 1 through 10, inclusive. Pursuant
to Government Code 54956.9(a).
4. PRESENTATIONS
Page 1 of 4
5. CONSENT CALENDAR/AGENDA ORDER
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, staff, or public request
specific items to be removed for separate action. At this time Council may decide to change the order of the
agenda.
Item 5A: Waive Further reading and Authorize Introduction and/or Adoption of Ordinances
by Title Only. (Standard procedural action - no backup information provided)
Item 5B: Approval of the Minutes of the November 3 and November 8, 2010 City Council
Meetings.
Staff Recommendation: Approve the minutes.
Item 5C: Consideration and Approval of Amendments to the Sonoma Conflict of Interest
Code.
Staff Recommendation: Approve the resolution amending the City’s Conflict of Interest
Code.
Item 5D: Approval and ratification of the reappointment of Charles Bouey to the
Marin/Sonoma Mosquito and Vector Control District Board of Directors for a
four-year term ending December 31, 2014.
Staff Recommendation: Nomination by the Mayor, ratification by the City Council.
Item 5E: Approval of Capital Improvement Project for cross-street signage in the amount
of $9,000; and approval of Resolution of the Agency Board amending the FY
2010-2011 budget.
Staff Recommendation: Approve a Capital Improvement Project for cross-street
signage in the amount of $9,000 and approve resolution of the Agency Board of the
Community Development Agency amending the FY 2010-2011 budget.
Item 5F: Approval of Community Development Agency (CDA) redevelopment loan in the
amount of $25,000 to Benz, Ebbesen, Anderson, LLC for improvements to the
commercial property at 967 Broadway.
Staff Recommendation: CDA Board approve the loan and authorize staff to execute
loan agreement.
Item 5G: Approval of a resolution declaring the results of the November 2, 2010 General
Municipal Election.
Staff Recommendation: Adopt the resolution.
Item 5H: Approve the Notice of Completion for First Street West Inlet Improvements
Project No. 0816 by Greener Excavators and Construction and Direct the City
Clerk to File the Document.
Staff Recommendation: Approve the Notice of Completion for the First Street West
Inlet Improvements Project No. 0816 by Greener Excavators and Construction and
Direct the City Clerk to File the Document.
Item 5I: Adoption of a resolution establishing a process to track water demand and verify
capacity to serve new development.
Staff Recommendation: Adopt the resolution establishing a process to track water
demand and verify capacity to serve new development.
Page 2 of 4
5. CONSENT CALENDAR/AGENDA ORDER, Continued
Item 5J: Authorization to approve the purchase of wetland credits to mitigate the removal
of wetlands in conjunction with the sale of properties owned by the Sonoma
Community Development Agency (CDA) located at 19347 Fifth Street West and
726 West Spain Street.
Staff Recommendation: Authorize the Community Development Agency Executive
Director to execute the purchase of two wetlands credits from the Burdell Ranch
Wetland Conservation Bank.
6. COUNCILMEMBER RECOGNITIONS
Item 6A: Mayor Pro Tem Sebastiani will present the honorary Mayor’s gavel to Mayor
Barbose
Item 6B: Mayor Barbose will present a plaque and recognize outgoing Council member
Aug Sebastiani
7. OATHS OF OFFICE
Item 7A: City Clerk Johann will administer the Oath of Office and present a Certificate of
Election to Steve Barbose, Ken Brown and Tom Rouse.
Item 7B: Newly sworn in Council members are seated at the dais.
Item 8A: Mayor Barbose to open nominations for Mayor and Mayor Pro Tempore.
Item 8B: New Mayor to assume chair of the meeting and dais seating arrangement.
9. RECESS: The meeting will recess for a brief reception. Cake will be served.
Item 10A: Review and Consideration of a Refuse Rate Adjustment and Certain Program
Modifications for 2010-2011 with City Franchisee Sonoma Garbage Company,
Inc. (Assistant City Manager)
Staff Recommendation: Approval of all program components and rate increase
proposed by Sonoma Garbage as follows: 1) Rate increase of 5.03% effective
December 1, 2010; 2) Application of Extenuating Circumstances for Vehicle
Replacement; 3) Allow hauler to perform a pilot project to study Commercial Food
Waste Composting Service
Page 3 of 4
11. REGULAR CALENDAR
(Matters requiring discussion and/or action by the Council)
Item 11A: Discussion, consideration and possible action approving a Water Service
Consolidation Agreement with Rancho Sonoma Partners LLC, a Cost Recovery
Agreement with Rancho Sonoma Partners, LLC, and a Resolution adopting a
finding of Categorical Exemption and Authorizing a Grant Application for Water
System Improvements at the Rancho de Sonoma Mobile Home Park, all related
to the City of Sonoma’s application for a State Revolving Fund Grant to connect
Rancho de Sonoma Mobile Home Park to the City of Sonoma Public Water
System. (City Manager/City Attorney/City Engineer)
Staff Recommendation: Approve Water Service Consolidation Agreement with Rancho
Sonoma Partners LLC; approve Cost Recovery Agreement with Rancho Sonoma
Partners, LLC; and adopt Resolution adopting a finding of Categorical Exemption and
Authorizing a Grant Application for Water System Improvements.
14. ADJOURNMENT
I do hereby certify that a copy of the foregoing agenda was posted on the City Hall bulletin board on
November 23, 2010.
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.
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E C I T Y OF
TH City of Sonoma
City Council Agenda Item: 4A
SO
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City Council
N O MA
Agenda Item Summary
CALIFORNIA REPUBLIC
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Meeting Date: 12/01/2010
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Attachments:
1. Proclamation
E C I T Y OF
TH City of Sonoma
City Council Agenda Item: 4B
SO
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City Council
N O MA
Agenda Item Summary
CALIFORNIA REPUBLIC
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Meeting Date: 12/01/2010
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Attachments:
1. Proclamation
E C I T Y OF
TH City of Sonoma
City Council Agenda Item: 4C
SO
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City Council
N O MA
Agenda Item Summary
CALIFORNIA REPUBLIC
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Meeting Date: 12/01/2010
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Attachments:
1. Proclamation
E C I T Y OF
TH City of Sonoma
City Council Agenda Item: 5B
SO
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City Council/CDA
N O MA
Agenda Item Summary
CALIFORNIA REPUBLIC
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Meeting Date: 12/01/2010
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Summary
The minutes have been prepared for Council review and approval.
Recommended Council Action
Approve the minutes.
Alternative Actions
Correct or amend the minutes prior to approval.
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report Approved/Certified
Negative Declaration No Action Required
Exempt Action Requested
Not Applicable
Attachments:
Minutes
DRAFT MINUTES
Concurrent Meetings Of
SONOMA CITY COUNCIL
(regular)
City Council
COMMUNITY DEVELOPMENT AGENCY Steve Barbose, Mayor
(special) August Sebastiani, Mayor Pro Tem
Community Meeting Room, 177 First Street West Ken Brown
November 3, 2010 Laurie Gallian
5:00 p.m. - Closed Session Joanne Sanders
6:00 p.m. - Regular Session
****
MINUTES
1. CALL TO ORDER
Mayor Barbose called the meeting to order. No one from the public was present to
provide public testimony on closed session items. The Council recessed into closed
session with all members present. City Manager Kelly and Assistant City Manager
Giovanatto were also present for Closed Session Item 2A. Negotiator Jack Hughes was
present via telephone. City Manager Kelly, Planning Director Goodison and Assistant
City Attorney Nebb were present for Closed Session Item 2B. Tim Mulrenan, Tierra
West Consulting, was present via telephone.
2. CLOSED SESSION
The City Council reconvened in open session and Mayor Barbose called the meeting to order at
6:20 p.m. Planning Commissioner Bob Felder led the Pledge of Allegiance.
PRESENT: Mayor Barbose and Councilmembers Brown, Gallian, Sanders, and Sebastiani.
ABSENT: None.
ALSO PRESENT: City Manager Kelly, Assistant City Manager Giovanatto, Assistant City
Attorney Nebb, City Clerk Rainsbarger, Development Services Director Wirick, Planning
Director Goodison.
Mayor Barbose stated that the City Council had met in closed session to discuss the topics
listed on the agenda and that no reportable action had been taken.
Tom Rouse, Councilmember Elect, thanked Councilmembers, City staff, and the public for
supporting him in his bid for City Council. He stated that he would do the best job possible while
in office.
Candidate David Cook congratulated Barbose, Brown and Rouse for their success in the
election. He said being a candidate for City Council had been a fun experience and announced
he would run again in 2012.
Candidate Mike Gillaspie stated that running for City Council had been a great experience. He
said he met many great people and made a lot of friends.
Nancy King, Pets Lifeline, announced they were looking for a location to hold their annual
“Shelter on the Square” and asked that if anyone had a suggestion to please let her know.
Clm. Sanders congratulated all the candidates and announced that the Laughing Queen retail
store would be closing its doors on October 31.
Clm. Brown stated that all candidates conducted themselves in an excellent manner during the
campaign period. He reported that the father of long-time City Councilmember Larry Barnett
had passed away and asked that the meeting be adjourned in honor of Norman Barnett.
Mayor Barbose congratulated Tom Rouse and the other candidates for a race well run and
reminded everyone that Readers Book Store was still offering a discount to anyone presenting a
“I Have Voted” sticker or their ballot stub.
City Manager Kelly reported that she had received inquiries regarding recent activity at the old
Ford Dealership and that it was her understanding that the space was being utilized as a
temporary automobile display area. She announced the City Council would hold a special
meeting on November 8 to conduct a water study session. Kelly also announced that PG&E
would conduct open houses at the Community Center November 8 and at City Hall on
November 9 and 10 to discuss the new Smartmeters with the public.
4. PRESENTATIONS
City Manager Kelly reported that Carol Giovanatto, Assistant City Manager, recently received a
35-year career professional recognition award from the International City-County Management
Association (ICMA). She stated that ICMA Service Awards recognize and celebrate ICMA
members' dedication to public service and professional management at the local level and were
presented every fall at the ICMA Annual Conference. Mayor Barbose presented the certificate
to Ms. Giovanatto who thanked the City Manager and the City Council for the recognition and
stated she would dedicate it to her father, Mr. Donald H. Ruppert, who had been her mentor.
City Manager Kelly reported that Gay Johann, City Clerk/Assistant to the City Manager, recently
achieved the International Institute of Municipal Clerks’ Master Municipal Clerk (MMC)
designation. She said that MMC was the highest designation available to City Clerks and
represented an advanced continuing education program that prepares participants to perform
complex municipal duties. Kelly added that the program had an extensive and rigorous
educational component and a professional and social contribution component. Mayor Barbose
presented a plaque to City Clerk Johann.
Mayor Barbose reported that former Mayor Jeanne Markson had contacted him with a
suggestion that the City make special recognition of those returning from the wars in Iraq and
Afghanistan. He said a proclamation was traditionally read and presented at the Veterans Day
ceremony but he felt it was appropriate to also read the proclamation at a televised City Council
meeting. Mayor Barbose announced that some local veterans were in the audience and he
called them forward. Wesley Adams, John Mascarelli, John Smith, and Richard Schroeder; all
serving in the U.S. Army, came forward. Mayor Barbose read aloud the Veterans Day
proclamation with special emphasis on welcoming home those who are returning from the Iraq
and Afghanistan wars. Gary Magnani, American Legion, accepted the proclamation and
thanked the Mayor and the City Council for honoring all veterans.
Item 5A: Waive Further reading and Authorize Introduction and/or Adoption of
Ordinances by Title Only.
Item 5B: Approval of the Minutes of the following City Council Meetings: 1)
September 1, 2010; 2) October 20, 2010 (Regular Meeting); and 3) October
20, 2010 (Special Meeting). (Removed from consent, see below)
Item 5C: Approval and Ratification of the Reappointment of Jeff Baptista and
Yvonne Bowers to the Sonoma Valley Citizens Advisory Commission for
Terms Continuing to November 19, 2012.
Item 5D: Resolution Establishing an Appropriations Limit for FY 2010-11 Pursuant to
Article XIIIB of the California Constitution as Amended by Proposition 111.
Item 5E: Authorize the City of Sonoma to serve as lead agency and authorize the
City Manager to execute purchase orders with AT&T to furnish and install
new phone systems at Sonoma City Hall, the Carnegie Building, the
Corporation Yard and Fire Stations #1, #2 and #3. (Removed from consent,
see below)
Item 5F: Adoption of an ordinance amending the Development Code with respect to
Residential Care Homes.
Herb Golenpaul removed Item 5E from the Consent Calendar. Clm. Sanders removed item 5B.
It was moved by Clm. Sanders, seconded by Clm. Gallian, to approve the items remaining on
the Consent Calendar. The motion carried unanimously.
Item 5B: Approval of the Minutes of the following City Council Meetings: 1)
September 1, 2010; 2) October 20, 2010 (Regular Meeting); and 3) October
20, 2010 (Special Meeting).
Clm. Sanders requested rewording of a portion of her final remark in the September 1, 2010
minutes. It was moved by Clm. Sanders, seconded by Clm. Gallian, to approve the minutes as
amended. The motion carried unanimously.
Item 5E: Authorize the City of Sonoma to serve as lead agency and authorize the
City Manager to execute purchase orders with AT&T to furnish and install
new phone systems at Sonoma City Hall, the Carnegie Building, the
Corporation Yard and Fire Stations #1, #2 and #3.
Herb Golenpaul commented about the purchase of a new phone system and suggested the
Council hold off on the purchase until the City had a surplus of money.
Development Services Director Wirick reported that utilizing the CALNET 2 State purchasing
contract, the total project cost for the new system was approximately $70,000 and
approximately $16,000 of the cost would be paid by Valley of the Moon Fire District. It was
moved by Clm. Sanders, seconded by Clm. Brown, to authorize the City of Sonoma to serve as
the lead agency for the purpose of acquiring the new AT&T Voice DNA phone systems and
authorize the City Manager to execute purchase orders with AT&T under the CALNET 2
purchasing program to furnish and install new phone systems at Sonoma City Hall, the
Carnegie Building, the Corporation Yard and Fire Stations #1, #2 and #3 at a total cost not to
exceed $70,000; and to direct the City Manager to secure up to $16,000 in reimbursement from
the Valley of the Moon Fire District for costs directly attributable to Fire Stations #2 and #3. The
motion carried unanimously.
Mayor Barbose noted that Susan Klassen, Executive Director of Sonoma County Waste
Management, was present and asked if anyone objected to moving up item 7A on the agenda.
There were no objections.
Item 7A: Sonoma City/County Solid Waste Advisory Group (SWAG) Update, and
discussion, consideration and possible adoption of resolution concurring
with the SWAG’s priorities and objectives for developing a regional long-
term solid waste option.
City Manager Kelly invited Ms. Klassen to speak regarding this agenda item. Ms. Klassen
described how and why the Solid Waste Advisory Group (SWAG) was formed. She stated that
each city in the County was being asked to weigh in, and hopefully support, the priorities and
objectives that had been formulated by SWAG. Ms. Klassen presented the SWAG rules of
governance and vision statement. She also explained that the Council was being asked to
consider a resolution concurring with the priorities and objectives for development of a regional
long-term solid waste option.
Clm. Sanders inquired if a commitment made now would tie the hands of the Council regarding
future solid waste decisions. She pointed out that it may be less expensive to haul the City’s
garbage to Napa than to the County landfill. Ms. Klassen stated that at some time in the future
the City would be called upon to make some level of commitment. To be successful, the system
would require a large regional investment. She said a future commitment would be necessary
to support capital investment, maintenance issues and the closure of landfills.
Ken Wells, representing Sonoma Garbage Collectors, reported that they had reviewed the
report and were in favor of Council’s adoption of the resolution of support.
Mayor Barbose invited comments from the public. Pamela Garant noted the adoption of the
new construction codes and inquired about disposal of construction site waste. Mayor Barbose
stated that every City in the County and the County of Sonoma were adopting the new codes.
Ms. Klassen responded that construction demolition and debris disposal services were readily
available in the County. City Manager Kelly added that staff had been in discussions with the
Curattos of Sonoma Garbage Collectors and were working on how the new requirement would
be rolled out in connection with the new codes.
Clm. Sebastiani stated that if it would be cheaper to haul Sonoma’s waste to Napa, then the City
should be looking that direction.
Clm. Gallian stated that the plan had a long-term goal for the year 2050 and that every City
needed to participate in order to deal with the issues on a regional basis.
Mayor Barbose commented that the City would have to deal with its liability for cleanup
separately if it does not participate in the group. He said that ultimately, money would have to
be spent for a regional facility and it may be cheaper to do it now.
It was moved by Clm. Gallian, seconded by Clm. Brown, to adopt the resolution entitled
Resolution of the Council of the City of Sonoma Concurring with the Sonoma County/City Solid
Waste Advisory Group’s Priorities and Objectives for Developing a Regional Long-Term Solid
Waste Option. The motion carried unanimously. Clm. Sanders stated that Healdsburg held
concerns similar to hers and noted they had not yet adopted the resolution of support.
6. PUBLIC HEARINGS
Item 6A: Public Hearing and Adoption of Ordinance Repealing Chapter 14.10 of the
Sonoma Municipal Code and Reenacting a New Chapter 14.10 Adopting
and Amending New Construction Codes.
Development Services Director/Building Official Wirick reported that at its meeting of October 6,
2010 the Council discussed and introduced the proposed ordinance adopting by reference and
amending the new construction codes. He reported on the history of the State codes and
provided a summary of the changes and explained the amendments recommended by staff.
Wirick stated that the new codes would take effect January 1, 2011.
Mayor Barbose opened the public hearing. Herb Golenpaul stated it would be okay to adopt the
new codes as long as the fees did not go up.
Vic Conforti stated that it would take contractors and designers a while to get on board with the
new Green Building Code. He noted that the new construction codes would require submittal of
a construction waste management plan and there were many other changes coming forth.
Robert Garant stated that implementation of the new codes would be expensive. He has
identified a $10,000 to $20,000 increase for materials alone. Mr. Garant stated this could cause
problems with development of affordable housing.
Pamela Garant stated concern that the new code would require white or reflective roofs and
asked if the City could make exceptions. Wirick responded that the Green Building Code
provided a small amount of flexibility by the Building Official.
Clm. Sanders stated she would not support adoption of the Tier 1 Green Building Code because
it would increase costs and harm employment opportunities. Clm. Sebastiani agreed.
Mayor Barbose stated that having continuity within the County would be good and he continued
to support adoption of the codes. It was moved by Clm. Gallian, seconded by Clm. Brown, to
adopt the ordinance entitled AN ORDINANCE OF THE CITY OF SONOMA REPEALING
CHAPTER 14.10 OF THE SONOMA MUNICIPAL CODE AND REENACTING A NEW
CHAPTER 14.10 ADOPTING A NEW ADMINISTRATIVE CODE AND ADOPTING BY
REFERENCE PARTS 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11 AND 12 OF THE 2010 CALIFORNIA
BUILDING STANDARDS CODE AND AMENDMENTS THERETO AND THE 1997 UNIFORM
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AS PUBLISHED BY THE
INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND AMENDMENTS THERETO.
The motion carried three to two, Councilmembers Sanders and Sebastiani dissented.
Item 6B: Public Hearing and Adoption of Ordinance Amending Chapter 14.24
(Review, Rehabilitation and Abatement of Existing Seismically Unsafe
Buildings) of the Sonoma Municipal Code.
Development Services Director/Building Official Wirick reported that the purpose of the
ordinance was to update the City’s existing code to be in conformance with the mandatory
structural provisions of the 2010 California Existing Building Code. He said the ordinance also
included editorial and administrative changes to provide consistency with State law.
The public comment period was opened and closed with none received.
It was moved by Clm. Gallian, seconded by Clm. Sanders, to adopt the ordinance entitled
AN ORDINANCE OF THE CITY OF SONOMA REPEALING CHAPTER 14.22 (GREEN
BUILDING) and CHAPTER 14.36 (VIOLATION — PENALTY) OF THE SONOMA MUNICIPAL
CODE and to direct the City Clerk to carry out the publishing and posting procedures required
by the Government Code. The motion carried unanimously.
Item 6C: Public Hearing and Adoption of Ordinance Repealing Chapter 14.22 (Green
Building) and Chapter 14.36 (Violation — Penalty) of the Sonoma Municipal
Code.
Development Services Director/Building Official Wirick reported that the ordinance would repeal
the 2009 ordinance implementing a local Green Building Code.
The public comment period was opened and closed with none received.
It was moved by Clm. Sanders, seconded by Clm. Brown, to adopt the ordinance entitled
AN ORDINANCE OF THE CITY OF SONOMA REPEALING CHAPTER 14.22 (GREEN
BUILDING) and CHAPTER 14.36 (VIOLATION — PENALTY) OF THE SONOMA MUNICIPAL
CODE and to direct the City Clerk to carry out the publishing and posting procedures required
by the Government Code. The motion carried unanimously.
Clm. Sanders noted that before the subcommittee was formed in 2008 to develop a local Green
Building Code, Development Services Director Wirick had warned the Council that the State had
something in the works. She said she regretted not listening to him, as it would have saved the
subcommittee and staff six months of work that was now being tossed out.
7. REGULAR CALENDAR
Item 7A: Sonoma City/County Solid Waste Advisory Group (SWAG) Update, and
discussion, consideration and possible adoption of resolution concurring
with the SWAG’s priorities and objectives for developing a regional long-
term solid waste option.
Item 7B: Discussion, consideration and possible action authorizing the Mayor to
sign a follow-up letter to Westamerica Bancorporation in support of
keeping the Banco de Sonoma branch open in the Springs and the Glen
Ellen branch of Sonoma Valley Bank open in Glen Ellen, requested by
Mayor Barbose and Councilmember Brown.
City Manager Kelly reported that Councilmember Brown was asking the Council to consider
sending a letter to Westamerica asking them to commit to keeping the bank branches in the
Springs and Glen Ellen open. She reported that in a telephone conversation, Bank Vice
President Christy Coulsen had stated that keeping the two branches open would be dependent
upon their level of usage and the bank could not make any guarantees.
Clm. Gallian commented that they had reduced the branch hours in the Springs and she
expressed concern for the employees.
Clm. Sanders questioned why it was not the County Supervisor being contacted about this
matter. Clm. Sebastiani commented that if it worked out financially for the bank that was fine
but he did not understand the City being involved. He noted the branches in question were not
in the City limits. Clm. Sanders agreed and stated that it was a free market and the City should
not get involved.
Clm. Brown stated that the Banco de Sonoma was important to the City because they provide a
service to the Latino community that work in Sonoma.
Mayor Barbose stated the City should not be micromanaging their hours and he was not in favor
of writing a letter.
City Manager Kelly clarified that the City had not sent a previous letter on this issue.
Clm. Gallian, noting there was not majority support to send a letter, suggested the matter be
referred to Supervisor Brown’s office.
It was moved by Clm. Sebastiani, seconded by Clm. Sanders, to not send a letter to
Westamerica. The motion carried four to one, Clm. Brown dissented.
Clm. Brown reported attending the Economic Development Advisory Committee meeting on
behalf of Clm. Sebastiani and stated that they discussed the Shop Sonoma Day promotion and
streamlining business signage regulations. He also reported that the Community Development
Agency Loan Committee met with Mayor Barbose sitting in for Clm. Sanders who was
prevented from participating due to a conflict of interest. They considered a loan to Tom
Anderson to accommodate a new wine business on Broadway. Clm. Brown reported attending
the Library Committee meeting in the place of Clm. Sanders and reported they were happily
moving ahead with their remodel. Their big unanswered question was where to relocate the
library during the renovation.
Clm. Gallian reported the Transportation Authority just received $1.4 million in grant funds for
expansion of the bus pass and ride-sharing programs. The Water Advisory Committee
discussed liquidated damages and determined not to levy surcharges on City’s that went over
their annual allotment because the overall usage was within its allotted amount.
Mayor Barbose reported attendance at the Waste Management Authority and Waste Advisory
Group meetings and that he attended an interesting tour of a green waste facility in San Jose.
Clm. Sanders stated she would not mind serving on the Economic Development Advisory
Committee in the future and she mentioned a recent newspaper article regarding Healdsburg’s
economic development program.
Clm. Gallian noted that Clm. Sanders would speak at the Chamber’s Women in Business Forum
November 19.
Clm. Sebastiani reported recently having breakfast in downtown Chicago with former Sonoma
Mayor Stan Cohen. He also reported attendance at the World Series games and the Giant’s
victory parade in San Francisco.
Mayor Barbose announced that the recent passing of Proposition 22 would ensure that the
State could no longer come in and steal the City’s money.
10. ADJOURNMENT
Mayor Barbose adjourned the meeting at 8:33 p.m. in honor of Mr. Norman Barnett.
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular
meeting of the Sonoma City Council on the day of 2010.
_____________________________
Gay Johann, MMC
City Clerk
OPENING
Mayor Barbose called the meeting to order at 6:05 p.m. David Cook led the Pledge of
Allegiance.
ALSO PRESENT: City Manager Kelly, City Clerk Johann, City Engineer Bertolero, Public
Works Director Bates, Planning Director Goodison, Assistant City Engineer Cargay, John Olaf
Nelson, Water Resources Management.
The public comment session was opened and closed with none received.
2. WATER WORKSHOP
Continuation of Water Supply Plan and Water Rate and Connection Fee Study Session
Public Works Director Bates stated that the study session would focus on the water rate and
connection charge study prepared by John Olaf Nelson Water Resources Management. She
reported that the study outlined strategies for meeting demand projections, recommended
increases in use rates in the years 2013 - 2017 and connection charges for new development.
Bates stated that the prospect of the City developing its own reservoir had been brought up at
the last study session. She reported that Santa Rosa recently considered the same idea and
estimated it would cost approximately $70,000 per acre foot to construct a reservoir.
John Nelson, Water Resources Management, presented an in-depth analysis of the calculation
of new capacity charges and conservation offset charges and reported his recommendations for
rate and connection charges. He also presented a comparison of plans for financing the
proposed capital improvements.
Clm Sanders stated that Valley of the Moon Water (VOM) customers had lower rates that City
customers. She asked if it would be cheaper to contract with VOM. Mr. Nelson stated it would
not be less expensive and pointed out that VOM customers would not want to subsidize City
residents, and that VOM would be implementing a rate increase soon.
Clm. Sebastiani expressed concerns about the City’s increasing its dependency upon
groundwater and suggested that the City wells only be used during drought situations and water
shortages.
Mayor Barbose invited comments from the public. Planning Commissioner Robert Felder asked
about a possible surcharge during drought years. Mr. Nelson stated that a surcharge would
cover the City’s expenses if, for instance, it was tapping into a reservoir at the Developmental
Center. He also noted that during a drought, the City’s administrative costs went up because of
the need to emphasize conservation, etc.
Planning Commissioner Michael George inquired about future new wells. Mr. Nelson
responded that the Capital Improvement Plan included three new wells and the rehabilitation of
some of the existing wells.
Clm. Gallian stated that her biggest concern was the City’s relationship with the Water Agency.
Mr. Nelson stated the Agency would be approaching the City with a new contract and the fact
that the City does not have a strong groundwater resource will hurt the City in its negotiations.
He said the City would continue to be vulnerable to the Agency.
Clm. Sanders expressed concern about the impact an increase of water fees would have on
those on fixed incomes and suggested the City consider ways to offset the increase. Mr.
Nelson mentioned a program called PAYS that would provide financing to homeowners for
water conservation programs.
Public Works Director Bates stated that staff would bring back the proposed rate increases at a
future meeting for Council consideration and possible action. Mr. Nelson recommended
adoption of the connection and conservation offset charges soon, so as not to let any new
development escape without paying.
Clm. Sebastiani stated the City should be looking at the bigger picture and should start talking
about increasing its water storage capabilities. Clm. Sanders agreed. City Manager Kelly stated
that the City was taking a good step towards development of a relationship with Sonoma
Developmental Center.
3. ADJOURNMENT
I HEREBY CERTIFY that the foregoing minutes were duly and regularly adopted at a regular
meeting of the Sonoma City Council on the day of 2010.
_____________________________
Gay Johann, MMC
City Clerk
SO
S E AL OF
City Council
N O MA
CALIFORNIA REPUBLIC
cc:
E C I T Y OF
TH City of Sonoma City Council Agenda Item: 5I
SO
S E AL OF
City Council
N O MA
CALIFORNIA REPUBLIC
NOTICE IS HEREBY GIVEN that the City of Sonoma intends to amend its conflict of
interest code pursuant to Government Code Sections 87300, et seq. A conflict of
interest code designates those city employees, members, officers and consultants who
make or participate in the making of decisions. The code requires the persons who hold
such positions to disclose, in financial disclosure statements maintained by the City
Clerk, certain investments, income, interests in real property and business positions that
could be effected by the decisions these persons make or participate in making. The
persons who hold these positions may be required to disqualify themselves from the
making of government decisions that affect those interests.
Cities are required to review their conflict of interest codes every two years and
determine whether amendments to the code are required. The proposed amendments
to the Sonoma code amend the list of designated positions subject to the code and the
description of the economic interests that must be disclosed. Copies of the amended
conflict of interest code, and a written explanation of those amendments, may be
obtained from the City Clerk for the City of Sonoma at 1 The Plaza, Sonoma CA 95476.
The City Clerk’s telephone number is 707-933-2216. The City Clerk’s e-mail address is
gjohann@sonomacity.org.
The amended conflict of interest code will be considered by the City Council of the City
of Sonoma at their December 1, 2010 meeting which begins at 6:00 p.m. held in the
Community Meeting Room located at 177 First Street West. Any interested person may
be present at the meeting or may submit written comments concerning the proposed
code. Written comments or other inquiries should be directed to the City Clerk at the
address, telephone number or e-mail address specified above. Written comments
should be submitted no later than the day before the council meeting.
_______________
Gay Johann
City Clerk
CITY OF SONOMA
WHEREAS, the Political Reform Act of 1974 (Government Code Section 81000,
et. seq.) requires state and local government agencies to adopt and promulgate conflict
of interest codes; and
With the additions noted below, the terms of Title 2 California Code of Regulations
Section 18730 and any amendments to it duly adopted by the Fair Political Practices
Commission is hereby incorporated by reference and together with the List of
Designated Positions and Disclosure Categories, as adopted by the City Council, shall
constitute the Conflict of Interest Code of the City of Sonoma.
Members of boards and commissions appointed by the City Council, consultants, and
city employees holding designated positions as shown on Exhibit A shall be considered
designated positions subject to reporting requirements under the Conflict of Interest
Code, and shall disclose financial interests as set forth on Exhibit B which lists the
individual disclosure categories. Said Exhibit A and Exhibit B are attached hereto and
made a part hereof.
Persons holding designated positions shall file Statements of Economic Interests with
the City of Sonoma on Fair Political Practices Forms, in conformance with the individual
disclosure categories and State guidelines.
SECTION 4. Late Filings and Failure to File Statements
Any violation of any provision of this Code is subject to the administrative, criminal and
civil sanctions provided in the Political Reform Act, Government Code Sections 81000
et seq.
The foregoing Resolution was adopted this ______ day of ________ 2010, by
the following vote:
AYES:
NOES:
ABSENT:
______________________________
Steve Barbose, Mayor
ATTEST:
______________________________
Gay Johann, City Clerk
EXHIBIT “A”
** Contractual Consultant means an individual who, pursuant to a contract with the City,
makes or participates in making governmental decisions. The City Manager may determine in
writing that a particular consultant is hired to perform a range of duties that are limited in scope
and thus is not required to fully comply with the disclosure requirements described in this
section. Such written determination shall include a description of the consultant’s duties and,
based upon that description, a statement of the extent of disclosure requirements. The City
Manager’s determination is a public record and shall be retained for public inspection in the
same manner and location as this conflict of interest code.
*** City Council Members, Planning Commissioners, City Manager, City Attorney, and the
City Treasurer are required to file statements of economic interests pursuant to
Government Code Section 87200, and are therefore, not included in the list of
Designated Positions required to file pursuant to the City’s conflict of interest code.
EXHIBIT “B”
DISCLOSURE CATEGORIES
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Agenda Item Summary
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Attachments:
Letter from MSMVCD
Charles Bouey
463 France Street
Sonoma CA 95476
E C I T Y OF
TH City of Sonoma City Council Agenda Item: 5E
SO
S E AL OF
City Council
N O MA
CALIFORNIA REPUBLIC
Currently most signalized intersections include only a shield-shaped “Highway 12” marker, and the
standard size pole-mounted City street name signs at the corner. With the exception of the
intersections at Newcomb St. and at Agua Caliente Road, cross-street name signage on traffic signal
arms along Highway 12 is non-existent in the Valley (although it does exist at some other signalized
intersections, e.g. Napa Road/8th St. East and Leveroni Road/5th St. West.) In a recent survey of the
largest businesses in the Valley, 58% identified the need for improved cross-street signage as being
“critical” or “very important”. The Sonoma Valley Visitors Bureau also supports cross-street signage
improvements.
Caltrans has detailed requirements and specifications for street name signage on traffic signal arms,
but it is Caltrans standard policy not to install street name signage unless done at the City’s direction
and expense. However, based on information provided to the City’s traffic engineer at Winzler & Kelly
by Caltrans, if the City provides the signage and the mounting hardware in accordance with their
specifications, Caltrans will install the signage at no charge.
Within the City, there are a total of five signalized intersections along Highway 12 where cross-street
signage is recommended: MacArthur St.; Second St. West; Fifth Street West; Highway 12/West Napa
St. (the “bend”); and West Spain Street. Excluded is the intersection at Leveroni/Napa Road, where
signage will be included as part of upcoming signal improvements, and the signal at the entrance to
Maxwell Village (no cross street). In addition to cross-street names, signage improvements to these
five intersections would include the appropriate name signage for Highway 12 (e.g. Broadway, West
Napa Street, or Sonoma Highway) where feasible. All five of these intersections are located within the
CDA redevelopment project area, and the signage improvements are redevelopment-eligible
expenditures.
Winzler & Kelly has provided a proposal to inventory the existing intersections, develop the proposed
signage, and to coordinate with the City and Caltrans on sign fabrication and installation. Total cost for
the project (five intersections) is estimated at $9,000. The Winzler & Kelly tasks would be done under
the existing Master Agreement with the City. This project is not currently included in the CIP, so a
budget amendment would be required. The current five-year redevelopment Implementation Plan does
include a total of $105,000 ($35,000 per year for 3 years) for visitor-oriented signage improvements.
WHEREAS, the 2010/2011 Fiscal Year Budget was adopted on June 23, 2010,
and
WHEREAS, sufficient funds are available in the CDA/CIP fund for this budget
amendment.
The foregoing Resolution was duly adopted this 1st day of December 2010, by the following
roll call vote:
AYES:
NOES:
ABSENT:
________________________________
Steve Barbose, Chair
ATTEST:
________________________________
Gay Johann, Secretary
E C I T Y OF
TH City of Sonoma City Council Agenda Item: 5F
SO
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City Council
N O MA
CALIFORNIA REPUBLIC
Thomas Anderson & Company, which previously occupied the property, has relocated to smaller
offices at 822 Broadway. The owners plan to lease the property at 967 Broadway to Freixenet U.S.A.,
an international wine producer and owner of Gloria Ferrer Champagne Cellars. Freixenet will be
relocating and expanding their Human Resources, International Marketing and Sales, and Executive
Management offices from their current location at 23555 Highway 121 (at Gloria Ferrer Cellars). The
initial term of the lease would be five years, with a five year renewal option.
The applicants indicate that the Freixenet relocation would include approximately 20 – 30 middle and
upper level positions, and the company will be employing up to 10 additional employees at the new
location, for a total of up to 40 jobs located in downtown Sonoma. In addition to job creation, ancillary
benefits are likely to include increased business-to-business spending within the Project Area. The
offices would not be a retail sales location.
The improvement project includes relocation of interior walls, doors, water heater, and closets; removal
of a restroom; and addition of one exterior window, doors, and a skylight. Total project cost (excluding
contingency for change orders) is estimated by Thomas Anderson & Co., which would serve as general
contractor, at $33,950. Of this total, $25,844 is for subcontractor costs.
The applicants have applied under the Redevelopment Business Loan Program, which provides loans
of up to $25,000 (and in some cases, more) based on the benefits of the particular project. The CDA’s
attorney has confirmed that improvements of the type included in the application, while not specifically
identified in the program guidelines, are eligible for redevelopment assistance at the discretion of the
Agency Board.
The application was considered by the CDA Loan Committee (with CDA Board member Barbose
serving as an alternate for Board member Sanders) on November 1, 2010. Based on the Committee’s
review, a loan with the following terms is being recommended for Agency Board consideration:
Cost estimates for the project would be subject to review by the City’s Building Official prior to
execution of the loan documents. The loan would be secured by the property. Prevailing wage
requirements would apply to the project.
cc:
Tom Anderson, 822 Broadway
E C I T Y OF
TH City of Sonoma
City Council Agenda Item: 5G
SO
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City Council
N O MA
Agenda Item Summary
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Summary
A General Municipal election was conducted in the City of Sonoma on November 2, 2010 for the
purpose of electing three (3) Members of the City Council.
At the time of preparation of the agenda packet, the official statement of votes cast had not been
received from the County Clerk; however staff has been assured it will be available prior to the
December 1 City Council Meeting. The resolution will be completed and copies of the official
statement of votes cast will be made available at, or prior to, the City Council meeting.
Recommended Council Action
Adopt the resolution.
Alternative Actions
n/a
Financial Impact
n/a
Environmental Review Status
Environmental Impact Report Approved/Certified
Negative Declaration No Action Required
Exempt Action Requested
Not Applicable
Attachments:
Resolution
CITY OF SONOMA
RESOLUTION NO. - 2010
WHEREAS, a General Municipal Election was held and conducted in the City of Sonoma,
California, on Tuesday, November 2, 2010, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; that
voting precincts were properly established; that election officers were appointed and that in all respects
the election was held and conducted and the votes were cast, received and canvassed and the returns
made and declared in time, form and manner as required by the provisions of the Elections Code of the
State of California for the holding of elections in general law cities; and
WHEREAS, the County Election Department canvassed the returns of the election and has
certified the results to this City Council, the results are received, attached and made a part hereof as
“Exhibit A”.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SONOMA, DOES RESOLVE,
DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the whole number of ballots cast in the precincts except absent voter ballots and
provisional ballots was ____.
That the whole number of vote by mail ballots cast in the City was ____, the whole
number of provisional ballots cast in the City was ___, making a total of _____ ballots
cast in the City.
Section 2. That the names of persons voted for at the election for Member of the City Council are
as follows: Tom Rouse, David Cook, Antoinette L. Castrone, Mike Gillaspie, Ken Brown,
Steve Barbose, and Fred Martin.
Section 3. That the number of votes given at each precinct and the number of votes given in the
City to each of the persons above named for the respective offices for which the persons
were candidates were as listed in “Exhibit A” attached.
Section 4. The City Council does declare and determine that: 1) Steve Barbose, Ken Brown, and
Tom Rouse were elected as Members of the City Council for the full term of four years.
Section 5. That the City Clerk shall enter on the records of the City Council of the City, a statement
of the result of the election, showing: (1) The whole number of ballots cast in the City;
(2) The names of the persons voted for; (3) For what office each person was voted for;
(4) The number of votes given at each precinct to each person; and (5) The total number
of votes given to each person.
Section 6. That the City Clerk shall immediately make and deliver to each of the persons so elected
a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk
shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and shall have them subscribe to it and file it in the
office of the City Clerk. Each and all of the persons so elected shall then be inducted
into the respective office to which they have been elected.
Section 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter
it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED 1st day of December 2010, by the following vote:
AYES:
NOES:
ABSENT:
______________________________
Steve Barbose, Mayor
ATTEST:
______________________________
Gay Johann, City Clerk
E C I T Y OF
TH City of Sonoma
City Council Agenda Item 5H
SO
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City Council
N O MA
Agenda Item Summary
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City Clerk
City of Sonoma
No. 1 The Plaza
Sonoma, CA 95476
OFFICIAL BUSINESS: Exempt from Recording Fees Pursuant to California Government code §6103.
NOTICEOFCOMPLETION
NOTICEISHEREBYGIVENTHAT:
1. Thatonthe__16th___dayof__November_,2010,thepublicprojectknownas:
FIRSTSTREETWESTINLETIMPROVEMENTSPROJECTNO.0816wascompleted.
2. ThatthenameandaddressofthepartyfilingthisNoticeis:
CityofSonoma,No.1ThePlaza,Sonoma,CA95476
3. ThatthenameandaddressoftheContractorresponsiblefortheconstructionofsaid
publicprojectis:
GreenerExcavationsandConstruction
57MapleAve
Fairfax,CA94930
4. ThatthenameandaddressofsaidContractor’sinsurancecarriersis:
NorthAmericanSpecialtyInsuranceCompany
650ElmStreet,6thFloor
Manchester,NH03101Ͳ2524
5. Thatthegeneraldescriptionofthepublicprojectwas:Ditch and inlet modifications,
including cast-in-place concrete sill and apron, fabrication and installation of a
galvanized structural steel trash rack rake assembly complete with Type II barricade,
portable trash screen, concrete sidewalk demolition and sidewalk modification, including
placing of concrete winch anchorage, rigging, linkage and below grade utility box and
furnishing a portable generator and winch.
6. Thattheoriginalcontractamountwas:$_19,856.00__________
RecordingofthisdocumentisrequestedforCITYOFSONOMAandonbehalfoftheCityof
Sonoma,aMunicipalCorporation,underSection6103oftheGovernmentCode.
IdeclareunderpenaltyofperjuryunderthelawsoftheStateofCaliforniathattheforegoingis
trueandcorrect.
___________________________ Dated:_____________________,2010
LindaKelly,CityManager
ATTEST: __________________________
CityClerk
E C I T Y OF
TH City of Sonoma City Council Agenda Item: 5I
SO
S E AL OF
City Council/CDA
N O MA
CALIFORNIA REPUBLIC
WHEREAS, with the decision of the Sonoma County Water Agency (SCWA) in September 2009 to
terminate the water transmission project, the Agency cannot commit to supplying water to its water
contractors beyond its existing Russian River water diversion permit amount of 75,000 acre-feet per year;
and
WHEREAS, as a result of this change in direction on the part of the SCWA, the City of Sonoma is
updating its strategy for meeting its projected long-term water needs; and
WHEREAS, in the interim, the City of Sonoma, as the water utility for Sonoma, must carefully monitor
water use to ensure that there is adequate water supply to address new development and redevelopment in
order to avoid disruption to the development community and prevent environmental impacts that could
occur as a result of insufficient supply.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Sonoma hereby finds and
declares as follows:
Section I
A program for tracking water demand and verifying capacity to serve new development is hereby
established as follows:
All new development and redevelopment having a projected demand of at least 0.5 Equivalent Single
Family Dwellings (ESDs) shall be tracked and monitored in terms of water use. This tracking shall be
performed by the Planning Department and the Building Department using forms developed by the
Planning Department and shall be transmitted to the Public Works Department and the City Engineer on
an on-going basis.
The City Engineer shall calculate the water supply available to serve new development, including projects
that have been approved but not yet built, based on the City’s water supply from the Sonoma County
Water Agency and local supply, and the City’s existing water demand associated with a normal
hydrologic water year, and other such factors deemed relevant by the City Engineer.
1. Applicability. Building permits associated with the following types of projects shall be issued
only upon the issuance of a will-serve letter by the City Engineer, verifying that sufficient water
supply exists to serve it: Residential developments of two or more units; new hotels; new
restaurants; new commercial development (including commercial additions and expansions) of
2,000 square feet or greater; and any use subject to discretionary planning approval with a water
usage of 5 ESDs or greater.
2. Criteria. The City Engineer shall develop written criteria for evaluating will-serve requests, to
include the scope and content of a required water demand analysis.
3. Timing of Request. To request a will-serve letter a development must have received all required
discretionary approvals and any required public improvement plans must be complete. A letter of
request must be submitted to the City Engineer along with a water demand analysis.
4. Determination by City Engineer. If the City Engineer determines that sufficient water capacity is
available and that all other applicable requirements have been met, then a will-serve letter shall be
issued. Alternatively, an applicant may qualify for a will-serve letter by demonstrating to the
satisfaction of the City Engineer that the project would have a zero net water demand as a result
of the implementation of specific conservation measures. If the City Engineer determines that
there is insufficient water capacity to serve a development for which a will serve-letter has been
requested, that finding shall be communicated to the applicant in writing, along with
recommendations for water use reduction measures, if available, that could be used to achieve
compliance based on a revised submittal by the applicant.
5. Expiration. A will-serve letter shall be valid only so long as any applicable discretionary
approvals are valid or for a period of two years in cases where there is no discretionary approval
associated with the project. There is no automatic extension permitted for will-serve letters.
Upon the expiration of will-serve letter, the applicant shall request another will-serve letter.
6. Right of Appeal. The denial of a request for a will-serve letter shall be appealable to the City
Council, as provided for in Chapter 1.24 of the Sonoma Municipal Code.
D. Reporting.
The Planning Department shall provide quarterly reports to the City Council and the Planning
Commission summarizing the results of the tracking system in relation to the City’s available water
supply.
E. Expiration.
This program shall expire on January 1, 2013, unless specifically reauthorized by the City Council.
Section II
The tracking system for water demand established by this resolution represents an action taken in the
regulatory capacity of the City of Sonoma as the operator of a water utility to protect the environment by
assuring that an adequate water supply exists to serve new development with water and to provide the
City Council, as the operator of the water utility, with timely information so that it can take steps to avoid
environmental disruption that might otherwise occur due to a lack of sufficient water supply capacity.
Based on these factors, the City Council finds that the adoption of the water tracking system provided for
in this resolution would have no significant environmental impacts and therefore qualifies as categorically
exempt under section 15308 of the California Environmental Quality Act.
PASSED, APPROVED AND ADOPTED this ___th day of December 2010 by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Steve Barbose, Mayor
ATTEST:
_____________________________
Gay Johann, City Clerk
E C I T Y OF
TH City of Sonoma City Council Agenda Item: 5J
SO
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City Council/CDA
N O MA
CALIFORNIA REPUBLIC
The following are the documents used for the purchase of mitigation credits:
The Acknowledgement of Sale and the Notification of Sale are sent to the
federal and state agencies by the Burdell Ranch Wetland Conservation Bank
when mitigation credits are sold. The Bill of Sale will be given to the Sonoma
Community Development Agency at the time of purchase. A W9 Form will be
provided whenever requested.
For the Acknowledgement of Sale there are three Endorsed Originals which contain:
Note: The authorization letters to sell the mitigation credits will be attached to the
Acknowledgment of Sale as Exhibits A and B.
For the Notification of Sale there are two Endorsed Originals which contain:
Thank you,
Anthony Georges
BURDELL RANCH
WETLAND CONSERVATION BANK
The undersigned Seller hereby acknowledges that it has sold and conveyed to the
Sonoma Community Development Agency, No.1 The Plaza, Sonoma, CA 95476, two (2)
Mitigation Credits from the Burdell Ranch Wetland Conservation Bank for the Woven Shade
Residential Care Home.
All terms of the conveyance shall be governed by the provisions of the Burdell Ranch
Wetland Conservation Bank Memorandum of Agreement (MOA) dated August 22, 2000 and the
Agreement for Sale of Mitigation Credits, dated August 2, 2010, entered into between Seller and
Department, which by their reference are incorporated herein. Seller represents that the MOA
has been executed by all of the parties thereto, and a grant deed transferring fee title of the
Conservation Bank has been executed by Seller to the California Department of Fish and Game,
and accepted by the Department, and recorded on March 27, 2001, Marin County Records,
#2001-0014535.
Authorization to sell these mitigation credits is contained in the letters dated August 2,
2002, and October 15, 2003, from the Army Corps of Engineers, copies of which are attached.
SELLER
Anthony J. Georges
Managing Tenant in Common
BUYER
Linda Kelly
Executive Director, Sonoma CDA
1
Cc: U.S. Army Corps of Engineers
U.S. Environmental Protection Agency
U.S. Fish and Wildlife Service
California Department of Fish and Game
Burdell TIC
James B. McKenney
2
Bill of Sale
Dear Co-Chairs:
Enclosed are:
1. Acknowledgment of the sale of two (2) Mitigation Credits, in accordance with the
authorizations of credit availability from the Army Corps of Engineers (Army File No. 173370N)
dated August 2, 2002 and (Army File No. 173371N) dated October 15, 2003.
Credits Purchased 2
2. Check to the Department of Fish and Game (copy to A.C.O.E.) in the amount of $1,660
in accordance with the Declaration of Trust Agreement as provided in Section VI-C-3, which has
been amended to change the endowment from $230 to $830 per credit.
1
If you have any questions or comments, please call Tony Georges at 415-602-4151. Your
continuing assistance is appreciated.
Sincerely,
___________________________________
Anthony J. Georges
Managing Tenant in Common
Burdell Ranch Wetland Conservation Bank
2
E C I T Y OF
TH City of Sonoma
City Council Agenda Item: 8A
SO
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City Council
N O MA
Agenda Item Summary
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The selection process proceeds as follows: Mayor Barbose will ask for nominations for the position of
Mayor. To make a nomination, Council members need only state “I nominate ________”.
Nominations do not require seconds; however, other members may express support of a nomination by
making a seconding speech. When there are no more nominations, Mayor Barbose will declare
nominations for the position of Mayor closed and will allow public comments, if any. A roll call vote will
then be taken beginning with the first nominee. If that nominee receives a majority vote they are
declared the winner and no additional votes are taken on the remaining nominees. If a majority vote is
not achieved for any of the nominees, the nomination and voting process will be repeated, voting on
the nominees in the order of their nomination, until a candidate has received a majority vote.
The same process will be followed in selecting the Mayor Pro Tempore.
Recommended Council Action
Select a Mayor and Mayor Pro Tempore
Alternative Actions
Council discretion.
Financial Impact
N/A
Environmental Review Status
Environmental Impact Report Approved/Certified
Negative Declaration No Action Required
Exempt Action Requested
Not Applicable
Attachments:
None
cc:
E C I T Y OF
TH City of Sonoma City Council Agenda 10A
SO
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City Council
N O MA
CALIFORNIA REPUBLIC
Item:
FO
12-01-10
Agenda Item Summary
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IA Meeting Date:
Review and Consideration of a Refuse Rate Adjustment and Certain Program Modifications for 2010-
2011 with City Franchisee Sonoma Garbage Company, Inc.
Summary
The City’s franchise Refuse Hauler, Sonoma Garbage Company, Inc [SGC] has submitted the
proposed rate increase for the 2010-2011 annual period. The proposal includes three components for
consideration. SGC’s updated program includes the need for additional capacity for replacing an aging
refuse collection vehicle and the initiation of a pilot food waste collection for local commercial
establishments. All proposals are geared towards bringing cost effective solutions to address the
needs of the community. Discussion of all three components has taken place in a meeting with
Sonoma Garbage. Participants in the meeting included Sonoma Garbage representatives John
Curroto and Ken Wells and City representatives Mayor Barbose, City Manager Kelly and Assistant City
Manager Giovanatto. Mayor Barbose participated in the discussion to provide insight and feedback as
the City’s representative to the Solid Waste Advisory Group and the Sonoma County Waste
Management Agency.
Alternative Actions
1) Defer action pending receipt of additional specified information
Financial Impact
The combined rate increase for the typical residential customer in Sonoma [32 gallon container]
would be $0.55 per month. Franchise fee revenue is estimated to increase by approximately $6,000
Attachments
Supplemental Report
Resolution
The City’s franchise Refuse Hauler, Sonoma Garbage Company, Inc [SGC] has
submitted the proposed rate increase for the 2010-2011 annual period. The proposal
includes three components for consideration as outlined in the document [attached].
SGC’s updated program includes the need for additional capacity for replacing an aging
refuse collection vehicle and the initiation of a pilot food waste collection for local
commercial establishments. All proposals are geared towards bringing cost effective
solutions to address the needs of the community. Discussion of all three components
has taken place in a meeting with Sonoma Garbage. Participants in the meeting
included Sonoma Garbage representatives John Curroto and Ken Wells and City
representatives Mayor Barbose, City Manager Kelly and Assistant City Manager
Giovanatto. Mayor Barbose participated in the discussion to provide insight and
feedback as the City’s representative to the Solid Waste Advisory Group and the
Sonoma County Waste Management Agency. The three components are summarized
as follows:
The franchise agreement with SGC requires an annual financial review of the franchisee
and calculation of appropriate rate increase. In 2007, the City adopted the methodology
formulated by Sonoma County Waste Management Agency based on a Refuse Rate
Index [RRI]. The RRI is a price indexing method designed specifically for adjusting
collection rates based on various published indices that are applicable to the actual
costs incurred by a refuse hauler rather than an estimated percentage increase based
on financial reports. The RRI methodology produces a more accurate rate adjustment
since the RRI includes only those economic changes that directly affect solid waste and
recycling collection costs. Using this method, the collection rates are based on changes
in cost categories that are specific to the collection business. Annually the City will
calculate the RRI rate percentage using a weighted percentage change to six specific
cost categories of labor, fuel, vehicle replacement, vehicle maintenance, tipping fees and
other.
SGC’s proposal includes a request under this provision for replenishment of vehicle
replacement funds and purchase of garbage truck estimated at $360,000 [including
finance charges]. This purchase is allowable under the Extraordinary Circumstances
provision. The new truck will replace a 1989 truck, which is well beyond its expected life.
In an effort to mitigate an impact on the monthly refuse rates, SGC has proposed that
they be allowed to invoke a modified delivery location for 50% of the solid waste
collected in Sonoma. By redirecting approximately half of the refuse material, the hauler
would save significant tipping fee dollars which could then be directed towards this
extraordinary circumstance. SGC further recognizes the need to compensate Sonoma
County Waste Management Agency for the loss of revenue due to the redirected waste
stream. The costs for this payment would be paid directly from SGC to the Sonoma
County Waste Management Agency.
Staff Recommendation
Staff recommends Council approval of all program components and rate increase
proposed by Sonoma Garbage as described above. In summary, this
recommendation, which requires adoption of the attached resolution, is
comprised of the following elements:
Attachments
December2010–November2011
1)ApplytheRefuseRateIndexandFranchiseFeeto2009–2010Rates
Asspecifiedinthefranchiseagreement,applicationoftheRefuseRateIndexresultsina5.03%
increasetoresidential,commercialanddebrisboxrates.
2)ApplytheExtenuatingCircumstancesClauseintheFranchiseAgreement
Allowupto50%ofsolidwastecollectedinSonoma(nottoexceed3,000tons)tobedeliveredto
disposalfacilitiesoutsideSonomaCountyforatleasttwoyearsandtheresultingdisposalsavings
wouldbeusedtoreplenishthevehiclereplacementfundsandpurchaseanewcollectiontruck.
3)DirectPaymenttoSCWMA
InordertocontinuetocontributetheCityofSonoma’sshareoffundingtoSCWMA,adirect
paymentof$5.95/tonwillbemadetotheSCWMAforeachtonofwastedeliveredtodisposal
facilitiesoutsideSonomaCounty.ThisratewillbeadjustedtomatchtheSCWMAsurchargeifit
changes.
4)PerformPilotProjectToStudyCommercialFoodWasteCompostingService
SonomaGarbageCollectorsproposestotestthefeasibilityofcommercialfoodwastecomposting
byimplementingapilotprojectforSonomabusinessesthatgeneratefoodwastesuchas
restaurants,grocerystores,inns,etc.
Thisservice(64Ͳgalloncollectioncartsandtwiceweeklyservice)willbeofferedtobusiness
customersintheCityofSonomaatnoadditionalchargeovertheircurrentcollectionservicecost.
Thepilotprojectwillbeusedtogathercriticalinformationnecessarytodeterminethelevelof
businessinterestandcostofsuchaprogram.
Followingatleastsixmonthsofthepilotproject,SonomaGarbageCollectorswillreturntothe
Citywithareportthatincludes:
Ͳ thelevelofinterestofbusinessestoparticipateintheprogram,
Ͳ thequantityoffoodwastethatcanbecollected,and
Ͳ thecosttoimplementaCityͲwidecommercialfoodwastecompostingservice.
Iftheprogramiseconomicallyviable,acommercialfoodwastecompostingcollectionratewillbe
proposedtotheCitytoaddthisservicetothesolidwastecollectionratesheet.
5)RateComparisonofCurrentandProposedRates
6)RateComparisonwithOtherCities(weeklycollection)
Proposed2011Sonomaratescomparedto2010ratesinothercities.
Example of commercial rate comparison: A 2 cubic yard bin picked up weekly in Santa Rosa will
cost $2,667.60 for one year. The same service in Sonoma will cost $1,722.12, a savings of
$945.48 annually.
Anadditionalchargeof$10permonthforeachbinwillbeappliedtobinservice.
Wasteindebrisboxesabovetheincludedquantitywillbechargedattheprevailingwastedisposalrate.
TABLE 1
REFUSE RATE INDEX CALCULATION
Weighted
% Item Percentage
Item # Category Data Source Change Weight Change
2 Motorfuel 81,635 4%
Equipment
3 Replacement 80,962 4%
Vehicle
4 Maintenance 79,913 4%
WHEREAS, pursuant to Section 7.08.030A of the Sonoma Municipal Code, the City of Sonoma
adopted Resolution Number 87-94 approving a contract with John D. Curotto, Margaret Curotto,
and John D. Curotto, Jr. (Sonoma Garbage Collectors) for the exclusive right to collect and
remove garbage and rubbish within the city; and
WHEREAS, certain costs are a result of the collection and disposal process and are
therefore eligible to be recovered through a fair rate of return, and
WHEREAS, the City and Contractor agree to determine rate increase and fair rate of
return using a modified Refuse Rate Index [RRI] methodology designed specifically for adjusting
collection rates based on published indices that are applicable to the actual costs incurred by a
refuse hauler, and
WHEREAS, the maximum rates which Sonoma Garbage Collectors may charge for its
services must be approved and established by resolution of the City Council of the City of
Sonoma; and
WHEREAS, the 2010-11 percentage determined by the RRI be borne by the ratepayers
through an increase of 5.03% of the current rate schedule effective December 1, 2010 in order
to effectuate a revenue neutral financial position, and
WHEREAS, certain other modifications are included with the Refuse Rate increase
include the deviation to delivery site of refuse material on a not to exceed limit of 50% to reduce
tipping fee costs which shall be placed in reserve for vehicle replacement and the
implementation of a pilot program for food waste collection for commercial establishments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sonoma
hereby fixes the maximum rates to be charged for the collection of garbage and rubbish as
shown on Exhibit “A” attached hereto, incorporated herein by reference, and made a part
hereof.
The foregoing Resolution was duly adopted this 1st day of December 2010, by the following
roll call vote:
AYES:
NOES:
ABSENT:
STEVE BARBOSE, MAYOR
ATTEST:
An additional charge of $10 per month for each bin will be applied to bin service.
Waste in debris boxes above the included quantity will be charged at the prevailing waste
disposal rate.
E C I T Y OF
TH City of Sonoma City Council Agenda Item: 11A
SO
S E AL OF
City Council
N O MA
CALIFORNIA REPUBLIC
offered to the City. The Cost Recovery Agreement states that Rancho Sonoma Partners, LLC, will
assume responsibility for reimbursing the City for its repayment of the loan portion as well as
reimbursing the City for all legal, engineering, administrative and other costs related to applying for,
administering and reviewing the project.
Environmental Review Status
Environmental Impact Report Approved/Certified
Negative Declaration No Action Required
Exempt Action Requested
Not Applicable
Attachments:
Water Service Consolidation Agreement with Rancho Sonoma Partners LLC
Cost Recovery Agreement with Rancho Sonoma Partners, LLC
Resolution adopting a finding of Categorical Exemption and Authorizing a Grant Application
cc: Preston Cook, Steve Jaeger, Sue Loftin via email
Letters of notification regarding this agenda item were mailed to the Residents of Rancho de Sonoma
Mobile Home Park
RECORDED AT REQUEST OF AND
WHEN RECORDED RETURN TO:
City Clerk
CITY OF SONOMA
No. 1 The Plaza
Sonoma, CA 5476
CITY OF SONOMA
RECITALS
B. The OWNER tests the Property’s well water on a quarterly basis. Based on those
test results, in July 2008 the California Department of Health Services (CDPH) and U.S.
Environmental Protection Agency (EPA) determined that the well water failed and continues to
fail to meet the Safe Drinking Water Act’s (“SDWA”) “maximum contaminant levels” for
arsenic. The EPA issued its Order No. PWS-AO-2008-6014 (“EPA Order”) requiring OWNER
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WATER SERVICE CONSOLIDATION AGREEMENT Page: 2 of 13
to take those steps necessary to reduce the well water’s arsenic levels to below the maximum
contaminant levels by June 20, 2010. On April 21, 2010, the EPA amended its EPA Order to
extend OWNER’s compliance due date to December 31, 2011, but required OWNER to provide
information to the EPA by December 31, 2010 indicating that approval, funding and permits are
ready and available as of December 31, 2010, for physical connection to CITY’s public water
system or arsenic treatment has been permitted, constructed and is in operation as of December
31, 2010 (“December 31, 2010 Obligations”). OWNER holds the CITY entirely blameless and
harmless for any liability to satisfy the EPA’s December 31, 2010 Obligations.
C. The OWNER seeks to satisfy the EPA Order by replacing the OWNER’s Current
Water System with the Improvements (defined below) and connecting the Park’s new water
system (“Park’s New Water System”) to the City’s public water system and abandon use of the
well for purposes of providing water for human consumption at the Park; and
D. CITY operates a public water system (Public Water System Number 4910012)
(“CITY’s Water System”) to provide safe, potable water and is permitted to provide water
services to customers within city limits and within the City’s water service area; and
E. OWNER desires to hookup and connect the Property to the CITY’s Water System
in a manner consistent with the provisions of the Sonoma Municipal Code and Sonoma Public
Improvement Standards applicable to the Property; and
F. CITY has adopted regulations which establish a program for Water Rates and
Connection Fees and provide for the construction and financing of certain water service
facilities necessitated by new development within the City, through the collection of Water
Service Connection Fees and Charges (“Connection Fees”); and
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AGREEMENT.
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d. City’s Costs. “CITY’s Costs” shall include all of the fees, expenses and costs
incurred by the CITY or assessed OWNER in connection with and/or arising out of the Project,
including but not limited to those costs incurred in designing, contracting for, applying for SRF
Funding for, constructing, inspecting and financing the Improvements. CITY’s Costs also
include Connection Fees and costs and expenses incurred by the CITY for administration, legal
and environmental review, plan check, SRF Funding administration and accounting, and any
other activity, service, or document, deemed by the City to be reasonably necessary or
convenient to the timely and successful consolidation of the City’s Water System with the Park’s
New Water System.
3. OWNER’s Obligations.
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4. CITY’s Obligations.
a. CITY shall use its best efforts to apply to CDPH for SRF Funding. The
CITY agrees that, to the extent permitted by the CDPH and DWSRF rules and
regulations, in said application CITY will use its best efforts to seek SRF Funding to
cover all of the CITY’s Costs.
b. CITY shall use its best efforts to perform and facilitate performance of the
Improvement work in sufficient time such that the consolidation of the Property’s water
distribution system into the CITY’s Water System shall occur within two (2) years after
the date that the Funding Agreement is fully executed by the CITY and CDPH, or as
extended by CDPH. Under no circumstances will water service be provided by the CITY
to the Property prior to the satisfactory completion and acceptance of the Public
Improvements by CITY and CDPH or timely payment or reimbursement by OWNER to
CITY or CDPH, as the case may be, pursuant hereto and/or pursuant to any other
agreement pertinent to the Project entered between the Parties. The CITY will not
approve or accept any on-site water Improvements until all related (off-site or otherwise)
Improvements and the OWNER’s Private Improvements have been completed to the
satisfaction of the CITY.
c. Once (i) the Project is deemed complete and in compliance with all
applicable CITY, state and federal laws, rules, standards and regulations by CDPH and
the CITY, (ii) all conditions precedent to the CITY connecting the Park’s New Water
System to the CITY’s Water System have been waived by the CITY or satisfied to the
CITY’s satisfaction, and (iii) all SRF Funding funds that should have been disbursed
have been properly disbursed, the CITY agrees to consolidate the Park’s New Water
System into the CITY’s Water System.
a. Except as is expressly set forth in subparagraph 5(d), below, this Agreement shall
not become effective and shall not bind the Parties hereto unless and until the Funding
Agreement is executed by CITY and CDPH.
b. The agreements, tasks and/or decisions set forth in subparagraph 5(c) must be
agreed to, undertaken, completed and/or made, as the case may be, by the Party or Parties set
forth below, before and as a condition precedent to the CITY’s execution of the Funding
Agreement. The Parties agree that they will undertake the obligations to reach the agreements
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and perform the obligations imposed upon each Party under subparagraph 5(c) in good faith and
with due dispatch, but the Parties acknowledge and agree that, they are under no obligation or
duty to reach such agreements or perform said tasks, and, further that after exercising said good
faith and due dispatch, if they are unable to timely reach the agreements or perform the tasks set
forth in subparagraph 5(c), the Funding Agreement will not be executed by the CITY and any
SRF Funding that might otherwise be available to the CITY (or to OWNER) to defray the costs
of the Project and/or to pay for the Improvements will be unavailable, and OWNER understands
and agrees that in such an event, though without any obligation to continue the Project and
construct the Improvements, should OWNER in its sole and absolute discretion decide to
continue with the Project and construction of the Improvements, it shall be solely responsible for
the construction of the Improvements and for paying all costs associated therewith. And, further,
in such an event, the CITY shall not permit the Property to connect to the CITY’s Water System
until and unless all Connection Fees and other expenses incurred by the CITY that remain unpaid
hereunder and/or under any other agreement entered between the Parties pertinent to the
Improvements and/or are incurred by the City in reviewing, inspecting, monitoring, disapproving
and/or approving OWNER’s installation of the Improvements and complying with all of the
applicable City Regulations and Specification for Public Improvements are fully paid to the
CITY. And, further, in such an event should the EPA and/or CDPH initiate enforcement
proceedings or take any other adverse action against OWNER, the CITY shall not be in any way
responsible for same and OWNERS shall indemnify, release and hold the CITY harmless from
any and all penalties, fines, damages, delays, costs, loss of income, fees, claims, expense, injuries
or liabilities of any sort whatsoever arising out of or in any way connected with (i) any
reasonable delays caused or contributed to by CITY, (ii) the Funding Agreement not being
executed by CITY because all of the conditions set forth in subparagraph 5(c) are not satisfied,
(iii) OWNER’s failure to comply with the EPA Order, and/or (iv) the failure to obtain SRF
Funding for the Project and/or Improvements, irrespective of the CITY’s negligence, be it active,
passive or sole.
c. The agreements, tasks and/or decisions set forth below must be agreed to,
undertaken, completed and/or made, as the case may be, by the Party or Parties set forth below,
before and as a condition precedent to the CITY’s execution of the Funding Agreement.
1) OWNER’s full payment of all amounts then owed to the CITY under this
or any other agreement between the Parties pertinent to the Project and/or Improvements;
2) OWNER’s and CITY’s written approval of the amount, nature and terms
of any grant and/or CDPH Loan proposed to be provided to the CITY by CDPH as part
of the SRF Funding;
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6) OWNER’s agreement to pay and/or reimburse the CITY all of the CITY’s
Costs;
10) OWNER and CITY entering an agreement addressing whether and under
what circumstances the costs OWNER incurs in paying the CITY’s Costs, consolidating
the City’s Water System with the Park’s New Water System and/or bringing potable
water to the Park’s residents shall not be passed on to the Park’s tenants/residents in the
form of rent increases or other charges;
12) OWNER and CITY agreeing to the appropriate parties who will be bound
by the agreements referenced hereinabove, whether those parties shall be personally,
jointly and severally liable for obligations under said agreements and the nature and
amount of security that OWNER must provide to the CITY to guarantee performance by
OWNER under said agreements; and
d. In addition to the agreements set forth in subparagraph 5(b), upon the full
execution of this Agreement, the following obligations and agreements set forth in this
Agreement shall be binding on the Party whose obligation they are to perform and must be
performed at the time and under the conditions specified herein, irrespective whether the
Funding Agreement is executed:
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2) OWNER and the CITY shall reasonably and timely cooperate in the
submittal and review of the Improvement Plans, specifications, budgets, estimates and other
documents that constitute the SRF Funding Application. Both Parties have the right to review
the final SRF Funding Application before it is submitted to CDPH and shall have the right to
withhold approval of same. If either Party fails to approve the final SRF Funding Application in
writing, then this Agreement and the Cost Recovery Agreement executed by the Parties as of
___________2010, shall be terminated, and the Parties shall have no rights or obligations as
against the other under this Agreement except that (aa) any CITY’s Costs incurred by the CITY
prior to its receipt of OWNER’s notice of disapproval of the SRF Funding Application shall be
paid by OWNER within thirty (30) days after receiving a demand from the CITY to pay same
and (bb) all obligations on the part of OWNER to waive claims against the CITY, hold the CITY
harmless and/or indemnify the CITY shall survive termination of this Agreement. Provided that
(i) OWNER and CITY give their written approval of the SRF Funding Application, (ii) OWNER
delivers to the CITY a copy of this Agreement, executed by OWNER, (iii) , OWNER has fully
paid all amounts then owed to the CITY hereunder and under any other agreement obligating
OWNER to reimburse the CITY for the latter’s costs incurred in connection with the SRF
Funding Application, and (iv) December 8, 2010, has not passed, then the CITY shall submit the
approved SRF Funding Application to CDPH. In the event the SRF Funding Application (i) is
untimely or determined incomplete or otherwise unacceptable by CDPH or (ii) is rejected,
conditioned, delayed, denied or acted upon by the CDPH, and, as a consequence, OWNER is
unable to comply with the EPA Order and/or is damaged or injured, incurs expenses, fees,
penalties or costs or suffers any adverse consequences (collectively referred to as “OWNER’s
Injuries”), OWNER waives any claims it may have against CITY for OWNER’s Injuries and
indemnifies and holds the CITY harmless from any and all claims, responsibilities, liabilities,
expenses, fees, penalties, damages or costs arising from OWNER’s Injuries, irrespective of
CITY’s negligence, acts or omissions, be they sole, passive, active or willful.
6. OWNER Not Agent of CITY. Neither OWNER nor any of OWNER’s agents or
contractors are or shall be considered to be agents of CITY in connection with the performance
of OWNER’s obligations under this Agreement.
8. Sale or Disposition of Property. Sale or other disposition of the Property will not
relieve OWNER from the obligations set forth herein.
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12. Notices. All notices required or provided for under this Agreement shall be in
writing and delivered in person, sent by facsimile and email or sent by mail, postage prepaid and
addressed as provided in this Section. Notice shall be effective on the date it is delivered in
person, or, if mailed, two days after the date of deposit in the United States Mail. Notice sent by
facsimile and email shall be effective on the date the notice is facsimiled and emailed, provided
on the same day, the notice is deposited in the U.S. Mail, fully prepaid. Notices shall be
addressed as follows unless a written change of address is filed with the CITY:
13. Severability. If any provision of this Agreement shall be ruled invalid, illegal or
unenforceable, the Parties shall: (i) promptly negotiate a substitute for the provision which shall,
to the greatest extent legally permissible, effect the intent of the Parties in the invalid, illegal or
unenforceable provision, and (ii) negotiate such changes in, substitutions for or additions to the
remaining provisions of this Agreement as may be necessary in addition to and in conjunction
with subsection (i) above to give effect to the intent of the Parties without the invalid, illegal or
unenforceable provision. To the extent the Parties are unable to negotiate such changes,
substitutions or additions as set forth in the preceding sentence, and the intent of the Parties with
respect to the essential terms of the Agreement may be carried out without the invalid, illegal or
unenforceable provision, the balance of this Agreement shall not be affected, and this Agreement
shall be construed and enforced as if the invalid, illegal unenforceable provision did not exist.
14. Captions. The captions of this Agreement are for convenience and reference only
and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction
or meaning of any provisions of this Agreement.
15. Litigation. In the event that suit is brought to enforce the terms of this contract,
the prevailing Party shall be entitled to litigation costs and reasonable attorney’s fees.
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with respect to the subject matters described herein. All modifications, amendments, or waivers
of the terms of this Agreement must be in writing and signed by the appropriate representatives
of the Parties.
18. Further Acts. Each party hereto agrees to execute and deliver such other
documents and perform such other acts as may be necessary to effectuate the purposes of this
Agreement.
19. Interpretation. This Agreement is entered into within the State of California, and
all questions concerning the validity, interpretation and performance of any of its terms or
provisions or any of the rights or obligations of the Parties hereto shall be governed by and
resolved in accordance with the laws of the State of California.
20. Running with Land. The terms and provisions set forth in this Agreement shall
be deemed provisions, terms and/or covenants running with the Property in accordance with
applicable law, including, without limitation, Section 1468 of the California Civil Code and shall
pass to and be binding upon the successor owners of the Property. As such, all successor
owners of the Property will have any and all of the rights, responsibilities and liabilities of
OWNER, as if such person or entity originally executed this Agreement in place and stead of
OWNER. Each and every contract, deed or other portion thereof, shall conclusively be held to
have been executed, delivered and accepted subject to such terms and conditions regardless of
whether such terms and conditions are set forth in such contract, deed or other instrument.
21. Fair Reading. The provisions of the Agreement shall be construed as their fair
meaning, and not for or against any party based upon any attribution to such party as the source
of language in question.
22. Time of Essence. Time is of the essence of this Agreement and each and every
term and provision thereof.
24. Delay no Waiver. No delay on the part of any party hereto in exercising any
right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the
part of any party hereto of any right, power or privilege hereunder operate as a waiver of any
other right, power or privilege hereunder, preclude any other or further exercise of any other
right, power or privilege hereunder.
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26. Inspection Rights. OWNER shall maintain and make available for inspection
by CITY during regular office hours, accurate records pertaining to the design, construction and
installation of the improvements to be constructed by OWNER.
28. Venue. The Parties agree that any action or proceeding to enforce or relating to
this Agreement shall be brought exclusively in the State courts located in Sonoma County,
California, and the Parties hereto consent to the exercise of personal jurisdiction over them by
any such court for purposes of any such action or proceeding.
[If corporation, corporate seal and signatures of two (2) officers is required.]
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WATER SERVICE CONSOLIDATION AGREEMENT
City of Sonoma/Rancho Sonoma Partners
Page: 12 of 13
EXHIBIT “A”
DESCRIPTION OF THE PROPERTY AND THE PROJECT
APN: 127-141-012
Project Exhibit:
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WATER SERVICE CONSOLIDATION AGREEMENT
City of Sonoma/Rancho Sonoma Partners
Page: 13 of 13
EXHIBIT “B”
Design of Improvements
Preparation and Negotiation of easements and right of way documents
Preparation of plans, specifications and bid documents
Public bidding and advertisement
Construction of Improvements
Inspection and construction management
Water connection fees and charges
City permits
Engineering plan check
City Attorney review
Working with State and other agencies
Applying for SRF Funding and SRF Funding Application
SRF Funding Oversight and administration
City administration
Dispute resolution and possible handling of claims and litigation
Any other activity (on the part of any person selected by the City), performance (on the
part of any person selected by the City), duty (to be discharged by any Party selected by
the City) and/or document (to be prepared, executed and/or recorded by any Party
selected by the City) that the City determines, in its sole discretion, is necessary,
convenient and/or prudent in order to prosecute, complete and/or secure
the timely construction and/or installation of the Improvements
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COST RECOVERY AGREEMENT
RECITALS
B. The Owner tests the Property’s well water on a quarterly basis. Based on those test
results, in July 2008 the California Department of Health Services (“CDPH”) and U.S.
Environmental Protection Agency (“EPA”) determined that the well water failed and continues to
fail to meet the Safe Drinking Water Act’s (“SDWA”) “maximum contaminant levels” for arsenic.
The EPA issued its Order No. PWS-AO-2008-6014 (“EPA Order”) requiring Owner to take those
steps necessary to reduce the well water’s arsenic levels to below the maximum contaminant levels
by June 20, 2010. On April 21, 2010, the EPA amended its EPA Order to extend Owner’s
compliance due date to December 31, 2010, but required Owner to provide information to the EPA
by December 31, 2010, indicating that approval, funding and permits are ready and available as of
December 31, 2010, for physical connection to City’s public water system or arsenic treatment has
been permitted, constructed and is in operation as of December 31, 2010 (“December 31, 2010
Obligations”). Owner holds City entirely blameless and harmless for any liability to satisfy the
EPA’s December 31, 2010 Obligations; and
C. The Owner seeks to satisfy the EPA Order by replacing the Owner’s Current Water
System with the Improvements (defined below) and, once those Improvements have been
satisfactorily completed, connecting the Park’s new water system (“Park’s New Water System”) to
the City’s public water system and abandon use of the well for purposes of providing water for
human consumption at the Park; and
E. Owner desires to hookup and connect the Park’s New Water System to the City’s
Water System in a manner consistent with the provisions of the Sonoma Municipal Code, Sonoma
Public Improvement Standards and all other laws and regulations applicable to the Property; and
H. CDPH has required that the SRF Funding Application be submitted to CDPH by
no later than December 8, 2010, in order to meet the funding deadlines for the State to obligate
funds during Fiscal Year 2010-2011. At the time of said submittal date, CDPH will not be in a
position to provide Owner and the City information concerning (i) the amount of the SRF
Funding that CDPH will provide to the City for the Project, (ii) what percentage of any SRF
Funding the CDPH ultimately provides to the City will consist of a grant and what percentage
will consist of a loan (“CDPH Loan”), (iii) the terms and conditions under which CDPH is
agreeing to provide the City with SRF Funding, (iv) the City’s obligations as the fiscal agent
responsible for the receipt, distribution, and accounting of whatever SRF Funding CDPH is
willing to provide to the City, and (v) other matters which may materially affect the decision of
the Parties as to whether the Parties or any Party may desire to ultimately accept the SRF
Funding offered by CDPH. It is the Parties’ understanding that, among other things, all such
terms, conditions and matters pertinent to the SRF Funding and the CDPH Loan will be set forth
in a Funding Agreement between the City and CDPH the execution of which is envisioned to
occur on or before June 2011 (“Funding Agreement”); and
Now, therefore, for valuable consideration, the receipt of which is hereby acknowledged,
and for the promises and agreements stated herein, the Parties agree as follows:
AGREEMENT
1. a. Owner shall pay the City all costs, including State-mandated costs and fees,
incurred by the City in connection with or in any way related to the SRF Funding Application
and/or the Funding Agreement, including but not limited to the costs described in Recital I,
above, and any activities undertaken by the City in connection with CDPH’s response to the
SRF Funding Application and negotiating, analyzing, preparing, drafting, checking, and
consummating the agreements and documents described in paragraph 5(c) of the Consolidation
Agreement (“City’s Processing and Review Costs”). Owner’s obligation to pay City’s
Processing and Review Costs shall obtain irrespective whether (i) the City submits an SRF
Funding Application to CDPH, (ii) CDPH awards any grant and/or loan to the City, (iii) the City
and/or Owner determine that the terms and conditions of any said CDPH grant or loan are
unacceptable and reject CDPH’s award, and/or (iv) the City enters into a Funding Agreement.
Owner’s obligation to fully and timely pay the City’s costs described herein shall
sometimes be referred to herein as “Owner’s Payment Obligation”.
2. Owner also agrees to pay all outstanding and unpaid City’s Processing and Review Costs,
including legal fees, plan check fees and engineering costs to date applicable to the Project and
the SRF Funding Application upon execution of this Agreement. The outstanding costs, as of
__________________, 2010, are as follows:
3. The City’s Processing and Review Costs shall also include costs the City incurs in
retaining and using consultants in connection with the activities described in paragraph 1, above.
If the City anticipates that it will require the retention of consultants or other experts in addition
to the current City Engineer and City Attorney to adequately perform the tasks associated with
the SRF Funding Application and Funding Agreement, it will provide Owner advance notice of
the decision to retain such consultants and an estimate of the costs retaining said consultant(s)
will entail. Owner agrees that notwithstanding the fact that Owner is obligated to pay all
consultant costs in connection with the SRF Funding Application and the Funding Agreement,
5. In the event the Deposit falls or, within 30 days is anticipated to fall, below 25% of the
amount of the Deposit specified above, the Owner shall replenish the Deposit to its original
amount within 15 days after written notice from the City. Owner shall pay to the City any other
amounts owed to the City within 30 days after written notice from the City. Any amounts not
timely paid by Owner shall accrue interest at the rate of 10% per annum until fully paid.
7. The Owner acknowledges and agrees that notwithstanding the Owner’s timely and full
payment of the City’s Costs, the City is not obligated to approve or accept the Project, the
Improvements or any of the permits or approvals necessary for the Project. The Owner further
understands that the City shall not be bound by any recommendations or conclusions of the
consultants retained by the City and paid for by the Owner pursuant to the terms of this
Agreement. The Owner understands that all decisions regarding the Project will be made only
after compliance with the City’s statutory and legal obligations and after considering all
appropriate information and evidence; and that such evidence may cause the City to disapprove
any or all of the permits or approvals Owner seek in connection with the Project.
8. a. Prior to and as a condition precedent to the City submitting the SRF Funding
Application with the CDPH and prior to and as a condition precedent to the City executing the
Funding Agreement, Owner shall pay to the City all then outstanding and unpaid City’s
Processing and Review Costs and replenish the Deposit, if necessary.
c. Both Parties have the right to review the final SRF Funding Application before it is
submitted to CDPH and shall have the right to withhold approval of same. If either Party fails
to approve the final SRF Funding Application in writing, then this Agreement and the
Consolidation Agreement shall terminate, and the Parties shall have no rights or obligations as
against the other under this Agreement except that (aa) any City’s Processing and Review Costs
incurred by the City prior to its receipt of Owner’s notice of disapproval of the SRF Funding
Application shall be paid by Owner within thirty (30) days after receiving a demand from the
City to pay same and (bb) all obligations on the part of Owner to waive claims against the City,
hold the City harmless and/or indemnify the City shall survive termination of this Agreement.
Provided that (i) Owner and City give their written approval of the SRF Funding Application, (ii)
Owner and City execute this Agreement, (iii) Owner has fully paid all amounts then owed to the
City hereunder and under any other agreement obligating Owner to reimburse the City for the
latter’s City’s Processing and Review Costs incurred in connection with the SRF Funding
Application, and (iv) December 8, 2010, has not passed, then the City shall submit the approved
SRF Funding Application to CDPH. In the event the SRF Funding Application (i) is untimely
or determined incomplete or otherwise unacceptable by CDPH or (ii) is rejected, conditioned,
delayed, denied or acted upon by the CDPH, and, as a consequence, Owner is unable to comply
with the EPA Order and/or is damaged or injured, incurs expenses, fees, penalties or costs or
suffers any adverse consequences (collectively referred to as “Owner’s Injuries”), Owner waives
any claims it may have against City for Owner’s Injuries and indemnifies and holds the City
harmless from any and all claims, responsibilities, liabilities, expenses, fees, penalties, damages
or costs arising from Owner’s Injuries, irrespective of City’s negligence, acts or omissions, be
they sole, passive, active or willful.
10. This Agreement may be modified only in writing and signed by the authorized
representatives of both the City and the Owner.
12. The Parties authorize the City to record this Agreement or a memorandum of same in a
form mutually acceptable to the Parties.
13. All notices required or provided for under this Agreement shall be in writing and delivered
in person, sent by facsimile and email or sent by mail, postage prepaid and addressed as provided in
this Section. Notice shall be effective on the date it is delivered in person, or, if mailed, two days
after the date of deposit in the United States Mail. Notice sent by facsimile and email shall be
effective on the date the notice is facsimiled and emailed, provided on the same day, the notice is
deposited in the U.S. Mail, fully prepaid. Notices shall be addressed as follows unless a written
change of address is filed with the City:
14. If any provision of this Agreement shall be ruled invalid, illegal or unenforceable, the
Parties shall: (i) promptly negotiate a substitute for the provision which shall, to the greatest extent
legally permissible, effect the intent of the Parties in the invalid, illegal or unenforceable provision,
and (ii) negotiate such changes in, substitutions for or additions to the remaining provisions of this
Agreement as may be necessary in addition to and in conjunction with subsection (i) above to give
effect to the intent of the Parties without the invalid, illegal or unenforceable provision. To the
15. In the event that suit is brought to enforce the terms of this contract, the prevailing
Party shall be entitled to litigation costs and reasonable attorney’s fees.
17. Each party hereto agrees to execute and deliver such other documents and perform
such other acts as may be necessary to effectuate the purposes of this Agreement.
18. This Agreement is entered into within the State of California, and all questions
concerning the validity, interpretation and performance of any of its terms or provisions or any of the
rights or obligations of the Parties hereto shall be governed by and resolved in accordance with the
laws of the State of California.
19. The terms and provisions set forth in this Agreement shall be deemed provisions,
terms and/or covenants running with the Property in accordance with applicable law, including,
without limitation, Section 1468 of the California Civil Code and shall pass to and be binding
upon the successor owners of the Property. As such, all successor owners of the Property will
have any and all of the rights, responsibilities and liabilities of Owner, as if such person or entity
originally executed this Agreement in place and stead of Owner. Each and every contract, deed
or other portion thereof shall conclusively be held to have been executed, delivered and accepted
subject to such terms and conditions regardless of whether such terms and conditions are set
forth in such contract, deed or other instrument.
20. The provisions of the Agreement shall be construed as their fair meaning, and not
for or against any Party based upon any attribution to such Party as the source of language in
question.
21. Time is of the essence of this Agreement and each and every term and provision
thereof.
22. This Agreement shall be construed as if prepared by all of the Parties hereto.
Accordingly, any rule of law (including California Civil Code Section 1654) or legal decision
that would require interpretation of any ambiguities in this Agreement against the party that has
drafted it, is not applicable and is waived.
24. Each individual executing this Agreement hereby represents and warrants that he
or she has the full power and authority to execute this Agreement on behalf of the named Parties.
25. Owner shall maintain and make available for inspection by City during regular
office hours, accurate records pertaining to the design, construction and installation of the
improvements to be constructed by Owner.
26. This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all of which shall constitute but one instrument.
27. The Parties agree that any action or proceeding to enforce or relating to this
Agreement shall be brought exclusively in the State courts located in Sonoma County,
California, and the Parties hereto consent to the exercise of personal jurisdiction over them by
any such court for purposes of any such action or proceeding.
Exhibits to be attached:
Exhibit A Property Description
Exhibit B Description of Improvements and Project
IN WITNESS WHEREOF, this Agreement is executed by the Parties hereto as of the date
first written above.
By:
A member
Stephen Jaeger
Michael Stump, Attorney for Owner and Jeffrey A. Walter, City Attorney
Preston Cook and Stephen Jaeger
WHEREAS, the 99-space Rancho de Sonoma mobile home park is located within city limits at 19725
Sonoma Highway; and
WHEREAS, the private water system that serves the Rancho de Sonoma mobile home park is deficient in
that it fails to meet the maximum contaminant levels for arsenic specified in the Safe Drinking Water Act;
and
WHEREAS, The Environmental Protection Agency (EPA) has issued an order requiring the property
owner to bring the water system into compliance with the standards of the Safe Drinking Water Act by
December 31, 2011; and
WHEREAS, by virtue of its location within city limits, the Rancho de Sonoma mobile home park is
eligible to be connected to the City of Sonoma’s public water system; and
WHEREAS, the owners of the Rancho de Sonoma mobile home park have identified a grant opportunity
through the California Department of Public Health’s (CDPH) Drinking Water State Revolving Fund that
would fund the design and construction of a connection to the City’s water system as well as the payment
of applicable connection fees; and
WHEREAS, as a public agency, the City of Sonoma is eligible to apply for this grant, while as a private
property owner, the owners of the Rancho de Sonoma mobile home park are not; and
WHEREAS, out of a desire to protect the health and safety of the residents of Rancho de Sonoma mobile
home park, the City Council is desirous of making an application for the CDPH grant; and
WHEREAS, an application by the City for CDPH grant funds would include a Water Service
Consolidation Agreement (“Water Consolidation Agreement”) between the City and the owners of the
Rancho de Sonoma mobile home park, a copy of which is attached hereto; and
WHEREAS, the scope of work described in the application for CDPH grant funds generally consists of
the design and construction of facilities to connect the Rancho de Sonoma mobile home park to the City
of Sonoma’s public water system, including approximately 1,700 lineal feet of 8-inch water main, 1- and
3-inch water meters, valve assemblies, backflow prevention assemblies, four fire hydrants, and related
work, as well as the payment of applicable connection fees and front-footage fees; and
WHEREAS, the bulk of said work will be performed on the park’s property; and
WHEREAS, the conditional commitment to apply for CDPH grant funds, construct the improvements
described above, and proceed with the connection of Rancho de Sonoma with the City of Sonoma’s
water system memorialized in the “Water Consolidation Agreement” constitutes a “project” as defined
by the California Environmental Quality Act (sometimes “CEQA”); and
WHEREAS, the City is requiring the park owners to reimburse the City all of the City’s costs incurred in
processing, designing, constructing, administering, and completing this project pursuant to a Cost
Recovery Agreement, a copy of which is attached hereto:
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Sonoma hereby finds and
declares as follows:
Section A
The water connection facilitated by the CDPH grant and the Water Consolidation Agreement represents a
minor alteration in the City’s existing water supply system that has no likelihood of causing any
significant environmental impact and therefore qualifies as categorically exempt from CEQA under
section 15303 of the California Environmental Quality Act’s Guidelines (Class 3 – New Construction or
Conversion of Small Structures), based on the following factors:
3. The improvements associated with the water connection will be constructed within an existing
street and on private property
4. There are no federally listed or candidate species, or suitable habitat, or Critical Habitat within
the construction area.
5. Once completed, the project will allow the residents to discontinue the consumption of well water
provided by the park that contains unacceptable levels of arsenic currently found in the park’s
well water supply.
Section B
Provided that the grant application meets with the City Manager’s and City Engineer’s approval and is
otherwise in conformance with the provisions of the Water Consolidation Agreement, the City Manager is
hereby authorized to submit a grant application to the California Department of Public Health to fund the
connection of the Rancho de Sonoma Mobile Home Park to the City of Sonoma Water system and to
execute the Water Consolidation Agreement associated with said grant application. The City Manager is
also authorized and directed to execute the Cost Recovery Agreement. The City Manager’s authority to
execute said agreements is conditioned upon the park owners executing said agreements.
Section C
The City Manager is hereby authorized to make non-material changes to the Water Consolidation and
Cost Recovery Agreements, provided said changes are approved by the City Attorney, prior to its
execution.
PASSED, APPROVED AND ADOPTED this ___th day of December 2010 by the following vote:
AYES:
NOES:
ABSENT:
_____________________________
Steve Barbose, Mayor
ATTEST:
_____________________________
Gay Johann, City Clerk
City of Sonoma Agenda Item: 13A
City Council Meeting Date: 12/01/2010
Agenda Item Summary
Attachments: None