CITY COUNCIL REGULAR MEETING - JANUARY 03, 2022 PAGE 1 OF 3
CITY COUNCIL REGULAR MEETING
Monday, January 03, 2022 at 4:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541
AGENDA
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on Monday, January 3, 2022 at 4:00 pm in the City of Sonora Council Chambers located at 94 N. Washington Street Sonora, CA 95370.
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH AB 361.
THIS MEETING IS PHYSICALLY OPEN TO THE PUBLIC AND MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:
Zoom Meeting Link:
https://us06web.zoom.us/j/87460555933?pwd=UFBFZ0EyR3pjcXNXZWtXVlZLQTJoQT09 Dial: (253)215-8782
Meeting ID: 874 6055 5933
Passcode: 7dY809
AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
THIS MEETING WILL BE OPEN TO THE PUBLIC AND WILL BE AVAILABLE VIA ZOOM. IT WILL ALSO BE LIVE STREAMED ON THE CITY'S WEBSITE AT www.sonoraca.com.
Written comments can be submitted to be included as part of the administrative record, they will not be read during the meeting. All comments must be received by 3:00 pm on the day of the noticed meeting and can be submitted to the City Clerk at 94 N. Washington Street Sonora, CA 95370 or via email to [email protected].
CLOSED SESSION - 4:00 PM
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
ADJOURN INTO CLOSED SESSION
1 CITY COUNCIL REGULAR MEETING - JANUARY 03, 2022 PAGE 2 OF 3
1. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION:
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 case)
2. Public Employment (Government Code Section 54957)
Title: City Administrator
RECONVENE INTO OPEN SESSION
OPEN SESSION - 5:00 PM
PLEDGE OF ALLEGIANCE
ROLL CALL
CITY CLERK’S REPORT ON AGENDA POSTING
APPROVAL OF THE AGENDA
PRESENTATIONS
3. Receive a Tuolumne County update from District 1 Supervisor David Goldemberg
PUBLIC COMMENT (NON-AGENDA ITEMS)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to a three (3) minute presentation.
If participating via Zoom, please raise your hand using the raise your hand feature or dial *9.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.
4. Approve City Council Minutes for October 19, 2020; November 2, 2020; and May 3, 2021.
5. Approval of disbursements in the amount of $148,388.71 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, holiday pay and other adjustments, including retro-pay.
NEW BUSINESS
6. Consideration to approve an agreement for consultancy services between the City of Sonora and the Chicken Ranch Tribe of Me-Wuk Indians and authorize the Mayor to sign the agreement.
COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
ADJOURNMENT
2 CITY COUNCIL REGULAR MEETING - JANUARY 03, 2022 PAGE 3 OF 3 In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 3 CITY COUNCIL AGENDA REPORT
MEETING DATE: January 3, 2021
TO: City Council Members
FROM: Mary Rose Rutikanga, City Administrator
SUBJECT: Supervisor David Goldemberg County Update
RECOMMENDATION
Receive a Tuolumne County update from District 1 Supervisor David Goldemberg
DISCUSSION
District 1 Supervisor Goldemberg will present an update of County-wide issues to the City Council the first meeting of each month.
FISCAL IMPACT
None.
4 Item 3.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 3, 2022
TO: City Council Members
FROM: Jackie Smith, Deputy City Clerk
SUBJECT: Meeting Minutes for October 19, 2020; November 2, 2020; and May 3, 2021.
RECOMMENDATION
Approve City Council Minutes for October 19, 2020; November 2, 2020; and May 3, 2021.
DISCUSSION
Staff recommends that the City Council approve meeting minutes for October 19, 2020; November 2, 2020; and May 3, 2021.
FISCAL IMPACT
None
5 Item 4.
CITY COUNCIL REGULAR MEETING - OCTOBER 19, 2020 PAGE 1 OF 4
CITY COUNCIL REGULAR MEETING
Monday, October 19, 2020 at 5:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541
MINUTES
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH EXECUTIVE ORDER N-25-20, ISSUED BY CALIFORNIA GOVERNOR GAVIN NEWSOM ON MARCH 12, 2020, THE RALPH M.
BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:
Zoom Meeting Link: https://zoom.us/j/97232353756
Passcode: 060185
Dial: (669) 900-6833
Meeting ID: 919 0798 2238
AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
OPEN SESSION - 5:00 PM
Called to order at 5:12 pm.
PLEDGE OF ALLEGIANCE
Councilmember Segerstrom led the pledge of allegiance.
ROLL CALL
PRESENT
Mayor Matt Hawkins
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa
ABSENT
Mayor Pro Tem Mark Plummer
6 Item 4.
CITY COUNCIL REGULAR MEETING - OCTOBER 19, 2020 PAGE 2 OF 4 CITY CLERK’S REPORT ON AGENDA POSTING
The agenda was posted on Friday, October 16, 2020, at 3:15 pm.
APPROVAL OF THE AGENDA
The agenda was approved without change.
PUBLIC COMMENT (NON-AGENDA ITEMS)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to a five (5) minute presentation.
A member of the public representing the Sonora Chamber of Commerce informed those in attendance that their Second Virtual Chamber Mixer would take place on the night of October 20, 2020.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.
No public comments.
Motion made by Council member Garaventa, Seconded by Council member Such.
Voting Yea: Mayor Hawkins, Council member Segerstrom, Council member Such, Council member Garaventa.
1. Approval of disbursements in the amount of $148,928.75 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, retrospective pay, holiday pay and equity adjustments.
2. Waive the second reading and adopt Ordinance No. 872.
NEW BUSINESS
3. Consideration to approve the City of Sonora to apply for Walmart Local Community Grants and approve the Letter verifying the City of Sonora is a certified agency as recognized by the State of California.
City Administrator Mary Rose Rutikanga presented this item to the Council.
Fire Chief Aimee New detailed the past success of this Grant's approval.
Councilmembers discussed.
7 Item 4.
CITY COUNCIL REGULAR MEETING - OCTOBER 19, 2020 PAGE 3 OF 4 No public comments.
Motion made by Council member Segerstrom, Seconded by Council member Such.
Voting Yea: Mayor Hawkins, Council member Segerstrom, Council member Such, Council member Garaventa.
4. Approve Resolution No. 10-19-2020-A approving the naming of the common driveway on the Royce Parcel Map as “Anillo de Cobre”.
Community Development Director Rachelle Kellogg introduced this item to the Council.
Motion made by Council member Segerstrom, Seconded by Council member Such.
Voting Yea: Mayor Hawkins, Council member Segerstrom, Council member Such, Council member Garaventa.
5. Consideration to approve and authorize the City Administrator to execute the Amendment to the Amended and Restated Franchise Agreement with Cal Sierra Disposal for a term of five (5) years.
City Administrator Mary Rose Rutikanga presented this item to the Council.
Councilmembers discussed.
No public comments.
Motion made by Council member Such, Seconded by Council member Segerstrom.
Voting Yea: Mayor Hawkins, Council member Segerstrom, Council member Such, Council member Garaventa.
6. Provide staff any further direction or input on the draft Tuolumne County Fire Joint Powers Authority Agreement.
City Administrator Mary Rose Rutikanga presented this item to the Council, stressing the importance of public transparency.
Councilmembers discussed.
No public comment.
Direction was given to staff.
MONTHLY REPORTS
7. Receive the Community Development Department Staff Report for September 2020 Community Development Director Rachelle Kellogg informed those in attendance that the following Saturday would be the last Farmer's Market of the year.
8. Receive the Fire Department Staff Report for September 2020. 8 Item 4.
CITY COUNCIL REGULAR MEETING - OCTOBER 19, 2020 PAGE 4 OF 4
9. Receive the Sonora Police Department monthly report for September 2020.
10. Receive the Public Works Department Report for September 2020.
COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
Councilmember Segerstrom attended the California League of Cities conference recently. They also reminded those in attendance that Prescription Take-Back Day would take place on the following Saturday. They then informed those in attendance that the Tuolumne County Superintendent of Schools posted the California Healthy Kids Survey.
Councilmember Such attended the California League of Cities conference and the Social Equity Committee meeting the previous week and planned to attend a meeting on Electric Vehicles in the near future.
Mayor Hawkins attended a meeting with our Congressman.
ADJOURNMENT
Meeting adjourned at 6:02 pm.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 9 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 1 OF 7
CITY COUNCIL REGULAR MEETING
Monday, May 03, 2021 at 4:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541
MINUTES
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH EXECUTIVE ORDER N-25-20, ISSUED BY CALIFORNIA GOVERNOR GAVIN NEWSOM ON MARCH 12, 2020, THE RALPH M.
BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.
THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:
Zoom Meeting Link: https://zoom.us/j/97038562835?pwd=VzdNaStHSmVBSElNYUdvTGt6NU5QQT09 Dial: (669) 900-9128
Meeting ID: 970 3856 2835
Passcode: 901969
AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
CLOSED SESSION - 4:00 PM
CALL TO ORDER
Called to order at 4:02 pm.
ROLL CALL
PRESENT
Mayor Pro Tem Mark Plummer
Council member Ann Segerstrom
Council member Colette Such
ABSENT
Mayor Matt Hawkins
Council member Jim Garaventa
10 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 2 OF 7
PUBLIC COMMENTS
No public comments.
Jim Garaventa arrived late.
ADJOURN INTO CLOSED SESSION
Adjourned into closed session at 4:04 pm.
1. Conference with Legal Counsel - Liability Claim (Government Code Section 54956.95): 1 Case; Claimant: Ross Edwin Hiett
This claim was rejected 4-0.
2. Conference with Real Property Negotiators (Gov. Code Section 54956.8) Property: 243 Washington Street Sonora, Tuolumne County, CA Agency Negotiator: Mary Rose Rutikanga, City Administrator; Rachelle Kellogg, Community Development Director; Chris Gorsky, Administrative Services Director Staff was given direction.
3. Conference with Labor Negotiators (Government Code Section 54957.6) – Agency Designated representatives: Mary Rose Rutikanga, City Administrator; Chris Gorsky, Administrative Services Director
Employee Organization: Sonora Employees Association; Unrepresented employees Staff was given direction.
RECONVENE INTO OPEN SESSION
Mayor Hawkins arrived late.
OPEN SESSION - 5:00 PM
Called to order at 5:02 pm.
PLEDGE OF ALLEGIANCE
City Attorney Douglas White led the Pledge of Allegiance.
ROLL CALL
PRESENT
Mayor Matt Hawkins
Mayor Pro Tem Mark Plummer
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa
11 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 3 OF 7 CITY CLERK’S REPORT ON AGENDA POSTING
The agenda was posted on Thursday, April 29, 2021, at 12:30 pm.
APPROVAL OF THE AGENDA
The agenda was approved without change.
PRESENTATIONS
4. Receive a Tuolumne County update from District 1 Supervisor David Goldemberg Supervisor David Goldemberg presented an update to the Council on COVID-19 county statistics, the Fire Safety Advisory Committee, the Emergency Operations Center, potential department location movement, libraries, the Small Business Administration, and his website.
5. Introduction and Swearing in of Police Officer Antonio Shouse.
Police Chief Turu VanderWiel introduced and swore in Antonio Shouse.
6. Introduction and Swearing in of Police Community Service Officer Joelyne Lemas.
Police Chief Turu VanderWiel introduced and swore in Joelyne Lemas.
PUBLIC COMMENT (NON-AGENDA ITEMS)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to a three (3) minute presentation.
A member of the public commented in support of diversity and equality as well as transparently appointing members to committees and commissions.
A member of the public commented in disapproval of a Councilmember's behavior.
A member of the public commented in support of institutionalizing training for the Oath of Office.
A member of the public commented in disapproval of the appointment process for the Planning Commission and suggested doing so with a more equitable, social, and transparent processes.
A member of the public commented with concern regarding the appointment process.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.
No public comment.
12 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 4 OF 7 Motion made by Council member Garaventa, Seconded by Mayor Pro Tem Plummer.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
7. Approve City Council Minutes for March 01, 2021
8. Approval of disbursements in the amount of $153,188.42 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, holiday pay and other adjustments.
9. Authorize the Sonora Fire Department to submit 2021 Rural Fire Capacity Grant (Formally known as the VFA-Volunteer Firefighter Assistance Grant), authorize the City Administrator and/or Fire Chief to execute all documents relating to the grant applications, and direct the Fire Chief to return to the City Council with the application results and to accept the awards.
PUBLIC HEARINGS
10. Motion to approve first reading and introduction of Ordinance No. 878, reading by title only, waiving further reading, an ordinance of the City Council of the City of Sonora approving the Development Agreement By and Between the City of Sonora and Hazy Bulldog Farms, LLC.
City Administrator Mary Rose Rutikanga detailed this item.
A member of the public commented in disapproval of this Ordinance and elaborated on his interpretation of the negative impact it would have.
A member of the public commented in disapproval of this Ordinance and in support of educating the public on the effects of cannabis use.
Councilmembers discussed.
Motion made by Council member Garaventa, Seconded by Mayor Pro Tem Plummer.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Garaventa.
Voting Nay: Council member Such.
11. Motion to approve first reading and introduction of Ordinance No. 879, reading by title only, waiving further reading, an ordinance of the City Council of the City of Sonora approving the First Amendment to the Development Agreement By and Between the City of Sonora and Bract House, LLC.
City Administrator Mary Rose Rutikanga detailed this item.
Councilmembers discussed.
13 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 5 OF 7 A member of the public commented in disapproval of the Ordinance due to the Bract House, LLC's location.
City Attorney Douglas White further elaborated on the Ordinance from a legal standpoint.
Motion made by Council member Garaventa, Seconded by Mayor Pro Tem Plummer.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Garaventa.
Voting Nay: Council member Such.
NEW BUSINESS
12. Consideration to adopt Resolution No. 05-03-2021-A Greenley Road Extension as a Priority Regional Road Improvement for the City of Sonora and urge the Tuolumne County Transportation Council (TCTC) to prioritize funding for the project.
City Administrator Mary Rose Rutikanga introduced this item.
City Engineer Jerry Fuccillo expanded on the details of this item.
Councilmembers discussed.
A member of the public commented in support of increasing the research around the impact of bypasses in towns similar to Sonora's population.
A member of the public commented in disapproval of the bypass.
Motion made by Council member Garaventa, Seconded by Mayor Pro Tem Plummer.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
13. Provide staff direction regarding possible action of amending Chapter 17.64 “Transient Residential Use” (Short-Term Rentals).
City Administrator Mary Rose Rutikanga gave a presentation on this item.
Councilmembers discussed.
Community Development Director Rachelle Kellogg answered some questions surrounding the difference between governing Airbnbs and regular Bed and Breakfasts.
A member of the public commented in support of maintaining the original Ordinance and not limiting the number of guests in any way.
A member of the public asked a question regarding the difference between short-term and longterm housing.
A member of the public commented in support of maintaining the original Ordinance. 14 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 6 OF 7 A member of the public commented in support of increasing regulations for Airbnbs for the sake of increasing affordable long-term housing.
A member of the public commented in support of incorporating City short-term rental taxes and permits into the Airbnb website.
Multiple members of the public commented in disapproval of increasing governing for Airbnbs.
A member of the public suggested zoning issues as the cause for the lack of affordable housing.
City Attorney Douglas White provided legal counsel throughout the item's discussion.
Staff was given direction.
14. Consideration to appoint a member of the public to the Social Equity Committee.
City Administrator Mary Rose Rutikanga detailed this item to the Council.
Councilmember Such further elaborated on this item.
Councilmembers discussed.
Staff was given direction.
A member of the public commented in disapproval of a Councilmember and the Social Equity Committee being disbanded.
A member of the public commented in support of quickly appointing someone to the Social Equity Committee.
Multiple members of the public commented in disapproval of a Councilmember.
A member of the public asked a question regarding the residential requirements of the member applicants.
COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
Fire Chief Aimee New informed those in attendance that May 4, 2021 would be the International Firefighters Day and could be supported by using a red lightbulb in an outdoor space.
Community Development Director Rachelle Kellogg informed those in attendance that previous Mayor, Liz Bass, passed away on May 2, 2021. They also stated that the Farmers Market would begin on May 15, 2021 and that Magic of the Night would take place on August 6, 2021.
City Administrator Mary Rose Rutikanga informed those in attendance that the Sonora Vision application deadline would be on May 25, 2021. They also notified them that May 1, 2021 was Sonora's 170th year in corporation and gave a brief presentation on Sonora's accomplishments.
Councilmember Segerstrom attended the Sonora Chamber of Commerce Mixer, the Mayors and Councilmembers Roundtable with the League of Cities, the Love Tuolumne County Clean-Up, and the Energy Action Committee (where they changed their meeting time to the fourth Wednesday of the month at 2:00 pm).
Councilmember Such attended David Goldemberg's Firewise Community program. 15 Item 4.
CITY COUNCIL REGULAR MEETING - MAY 03, 2021 PAGE 7 OF 7 Mayor Hawkins informed those in attendance that fire season was approaching and to prepare for it.
ADJOURNMENT
Meeting adjourned at 9:39 pm.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 16 Item 4.
CITY COUNCIL REGULAR MEETING - NOVEMBER 02, 2020 PAGE 1 OF 6
CITY COUNCIL REGULAR MEETING
Monday, November 02, 2020 at 4:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541
MINUTES
NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH EXECUTIVE ORDER N-25-20, ISSUED BY CALIFORNIA GOVERNOR GAVIN NEWSOM ON MARCH 12, 2020, THE RALPH M.
BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), AND THE FEDERAL AMERICANS WITH DISABILITIES ACT.THIS MEETING WILL NOT BE PHYSICALLY OPEN TO THE PUBLIC. ALL MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:Zoom Meeting Link:
https://zoom.us/j/99879966934
Passcode: 507867
Dial: (669) 900-6833
Meeting ID: 998 7996 6934
AND WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
CLOSED SESSION - 4:00 PM
CALL TO ORDER
Called to order at 4:00 pm.
ROLL CALL
PRESENT
Mayor Matt Hawkins
Mayor Pro Tem Mark Plummer
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa
17 Item 4.
CITY COUNCIL REGULAR MEETING - NOVEMBER 02, 2020 PAGE 2 OF 6
PUBLIC COMMENTS
No public comments.
ADJOURN INTO CLOSED SESSION
1. Conference Involving a Joint Powers Agency - Tuolumne County Transportation Council (TCTC) (Government Code Section 54956.96) - Discussion will concern: Anticipated Litigation (Government Code Section 54956.9(d)(2)) - One Case. Attending: City Attorney Douglas White, County Counsel Sarah Carrillo, Attorney Michael Youril and Debi Bautista, County Clerk/Auditor/Controller.
RECONVENE INTO OPEN SESSION [City Council Chambers]
Nothing to report out.
OPEN SESSION - 5:00 PM
Called to order at 5:00 pm.
PLEDGE OF ALLEGIANCE
Councilmember Garaventa led the Pledge of Allegiance.
ROLL CALL
PRESENT
Mayor Matt Hawkins
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa
ABSENT
Mayor Pro Tem Mark Plummer
CITY CLERK’S REPORT ON AGENDA POSTING
The agenda was posted on Thursday, October 29, 2020, at 2:00 pm.
APPROVAL OF THE AGENDA
The agenda was approved without change.
PRESENTATIONS
. 2. Introduction of Jodi Sledge, Executive Assistant/Deputy City Clerk City Administrator Mary Rose Rutikanga presented this item and introduced the new Executive Assistant/Deputy City Clerk, Jodi Sledge.
18 Item 4.
CITY COUNCIL REGULAR MEETING - NOVEMBER 02, 2020 PAGE 3 OF 6
PUBLIC COMMENT (NON-AGENDA ITEMS)
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to a five (5) minute presentation.
A member of the public informed those in attendance that the wall on Linoberg St. had been painted.
Mayor Pro Tem Plummer arrived late.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.
The Council pulled the minutes from the Consent Calendar.
3. Approval of disbursements in the amount of $142,362.93 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, retrospective pay, holiday pay and equity adjustments.
Motion made by Council member Garaventa, Seconded by Council member Segerstrom.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
4. Approve City Council Minutes for November 4, 2019; November 18, 2019 and December 2, 2019 This item was pulled from the Consent Calendar.
A motion was made to move the Consent Calendar to the following meeting.
Motion made by Council member Segerstrom, Seconded by Mayor Pro Tem Plummer.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Such, Council member Garaventa.
Voting Abstaining: Council member Segerstrom.
PUBLIC HEARINGS
5. Introduce and waive first reading to consider ordinance 873, amending the Sonora Municipal Code Chapter 8.36: Cannabis Business Regulation, and ordinance 874, amending the Sonora Municipal Code Chapter 17.60.040: Cannabis Businesses; and set a second reading and possible adoption of the ordinances for November 16, 2020 at 5 PM.
City Administrator Mary Rose Rutikanga presented the Recreational Cannabis Ordinance and detailed it further.
Police Chief Turu VanderWiel detailed crime statistics as they correlated to Cannabis. 19 Item 4.
CITY COUNCIL REGULAR MEETING - NOVEMBER 02, 2020 PAGE 4 OF 6 Councilmembers discussed.
A member of the public commented in support of the Ordinance being passed and increasing the number of local Cannabis businesses.
Multiple members of the public commented in disapproval of the Ordinance and suggested only medical Cannabis remain legal.
Multiple members of the public commented in disapproval of the Ordinance.
A member of the public commented in disapproval of the Ordinance due to Cannabis use's correlation to suicide rates increasing.
A member of the public commented in support of the Ordinance as alcohol and cigarettes are legal.
A member of the public commented in support of the Ordinance to allow easier access to alternative medicine.
A member of the public commented in support of the Ordinance.
A member of the public asked the Council and a member of the public a question regarding the Bourbon Barrel which was later answered.
City Attorney Douglas White detailed the legal perspective of the Council's participation in the creation of the Ordinance along with specific Cannabis laws.
Language of intent to include education in the following Development Agreement was added to the Ordinance.
City Administrator Mary Rose Rutikanga detailed administration's perspective on the Ordinance and the consequences of it passing.
Motion made by Council member Garaventa, Seconded by Mayor Pro Tem Plummer.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
6. Adopt Resolution No. 11-02-2020-B that subject the City of Sonora to the California Uniform Public Construction Cost Accounting Act (UPCCAA); introduce by title and waive the first reading of Ordinance No. 875 amending chapter 3.60, sections 3.60.010 through 3.60.200 of the City of Sonora municipal code to adopt the provisions of the California Uniform Public Construction Cost Accounting Act Procedures; and set second reading and possible adoption for November 16, 2020 at 5PM.
Financial Director Chris Gorsky presented and detailed the benefits of adopting this resolution.
Motion made by Council member Garaventa, Seconded by Council member Segerstrom.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
20 Item 4.
CITY COUNCIL REGULAR MEETING - NOVEMBER 02, 2020 PAGE 5 OF 6
NEW BUSINESS
7. Consideration to approve the design of the street banners for Downtown Sonora as recommended by the Vision Sonora Committee.
City Administrator Mary Rose Rutikanga elaborated on the creation of the new banners and requested the Council approve the designs.
A member of the public representing the Sonora Chamber of Commerce detailed the financing surrounding the project.
Motion made by Council member Such, Seconded by Council member Segerstrom.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
8. Adopt Resolution No. 11-02-2020-A approving the release of the three-hour parking restrictions in downtown Sonora during the holiday season.
Community Development Director Rachelle Kellogg detailed this item and asked the Council to adopt this resolution.
Motion made by Council member Garaventa, Seconded by Council member Such.
Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.
COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
Community Development Director Rachelle Kellogg informed those in attendance that the last Farmer's Market of the year was last Saturday. They also informed them that the Sonora Street Striping Project would begin on November 5, 2020 and November 6, 2020.
City Administrator Mary Rose Rutikanga informed those in attendance that there would be a formal update on the Drive-Through Sonora Christmas Parade at the next meeting.
Councilmember Segerstrom attended the Energy Action Committee the previous Wednesday where an energy audit was requested. They also attended the recent Sonora Chamber Halloween Mixer. They informed the public that the Yes Partnership received the first five TC Grants for Resilient Families and Health and Development and that ATCCA would be having a Smart Money class for high school seniors on November 29, 2020 and December 17, 2020.
Councilmember Such attended her first Electrical Vehicle meeting.
Councilmember Garaventa attended the Visitor's Bureau Marketing meeting.
ADJOURNMENT
Meeting adjourned at 7:39 pm.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). 21 Item 4.
CITY COUNCIL REGULAR MEETING - NOVEMBER 02, 2020 PAGE 6 OF 6 Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 22 Item 4.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 3, 2022
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Disbursements in the amount of $148,388.71 for payroll
RECOMMENDATION
Approval of disbursements in the amount of $148,388.71 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, holiday pay and other adjustments, including retro-pay.
DISCUSSION
This payroll was the 3
rd payroll of a month, which was an expected amount.
This payroll is the 14
th payroll of 26 for FY21-22, we would have expected to expend 53.85% of the budgeted amount. In total, we have expended 51.26% of the Salaries and Wages for the FY 21/22 budget.
FISCAL IMPACT
Disbursements are part of the approved FY21-22 Budget.
23 Item 5.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 3, 2021
TO: City Council Members
FROM: Mary Rose Rutikanga, City Administrator
SUBJECT: Fire Consultancy Agreement for Chicken Ranch Tribe of Me-Wuk Indians
RECOMMENDATION
Consideration to approve an agreement for consultancy services between the City of Sonora and the Chicken Ranch Tribe of Me-Wuk Indians and authorize the Mayor to sign the agreement.
DISCUSSION
The Chicken Ranch Tribe of Me-Wuk Indians (Tribe) has approached the City of Sonora Fire Department regarding establishing a fee-for-service agreement to establish emergency services through Sonora Fire Department personnel for the Tribe’s future fire station.
City staff have met with the Tribe’s leadership to discuss what the needs of the Tribe will be and if the City of Sonora has the capacity to provide a fee-for-service contract for fire personnel. City staff believes a partnership with the Tribe will provide much need emergency response resources for the region.
On November 15, 2021 the City Council approved an agreement with the Chicken Ranch Tribe of MeWuk Indians to help strategize staffing needs for a new fire and emergency services facility currently being developed on tribal lands in the Jamestown area. The ultimate goal of the facility is to not only provide much-needed emergency response resources for the Tribal Community but also serve as a regional facility that will provide support to the surrounding areas.
Staff is recommending the City Council approve the Consultancy Agreement to allow for Sonora City Fire personnel to provide consultation in connection with the building of a new fire station, accusation of fire apparatus/equipment, and all other equipment and related project(s) that will provide fire and life safety services. The Tribe will reimburse the City for services provided at the rate of compensation paid to the Fire Chief by the City on an hourly basis.
FISCAL IMPACT
There will not a monetary impact to the General Fund as the Tribe will be fully reimbursing the cost of the Fire Chief’s weighted salary on a hourly basis.
ATTACHMENTS
Agreement for Consultancy Services
24 Item 6.
AGREEMENT FOR CONSULTANCY SERVICES
BETWEEN THE CITY OF SONORA
AND
THE CHICKEN RANCH TRIBE OF ME-WUK INDIANS
This consulting agreement “Agreement” is entered into by and between Chicken Ranch Tribe of Me-Wuk Indians (“Tribe”), and the City of Sonora (“City”) for consulting services rendered by Aimee New, City of Sonora Fire Chief (“Consultant”).
Recitals
WHEREAS, Consultant has extensive experience in the field of Fire and life safety; and WHEREAS, Consultant is willing to be engaged by Tribe upon the terms and conditions herein contained; and
WHEREAS, the Tribe has engaged Consultant to provide consultation in connection with the building of a new fire station, acquisition of fire apparatus/equipment, and all other equipment and related project(s) that will provide fire and life safety services, NOW, THEREFORE, in consideration Tribe, City and Consultant mutually agree as follows:
1. Consulting Services. Tribe hereby retains Consultant to render the following services:
Provide consultation in connection with the building of a new fire station, acquisition of fire apparatus/equipment, and all other equipment and related project(s) that will provide fire and life safety services,
2. Services NOT Performed by Consultant. Although Consultant may comment upon Tribe’s legal documents, financial statements or other documentation in the course of performing the services hereunder, Tribe acknowledges that Consultant is not an attorney, nor is Consultant providing auditing or accounting services or opining on representations made in any financial statements. Tribe further acknowledges that Tribe should consult with its own legal, auditing and accounting advisors regarding any matters requiring legal, auditing or accounting advice.
3. Relationship of Parties. This Agreement shall not constitute an employer-employee relationship, and it is the intent of each party that Consultant shall at all times be an employee of the City acting in consultation for the Tribe.
4. Term. The term of this Agreement shall commence on the date of execution and shall remain in effect for a period not to exceed twenty four (24) months – term may be extended or reduced by mutual agreement of all parties.
5. Compensation. For services provided hereunder, the City shall be paid by the Tribe, the rate of compensation paid by the City on an hourly basis. The City shall be entitled 25 Item 6.
to payment or reimbursement for Consultant travel expenses, food, lodging, any per diem allowance, equipment, supplies, or similar items if expressly authorized in advance by Tribe.
All payments must be made to City 30 days upon receipt of invoice.
6. Disclosure of Information. Consultant agrees that at no time (either during or subsequent to the term of this Agreement) will Consultant disclose or use, except in pursuit of the business of Tribe or any of its subsidiaries or affiliates, any Proprietary and Confidential Information of Tribe. The term “Proprietary and Confidential Information” shall mean, but is not limited to, all information which is known or intended to be known only to Tribe, its subsidiaries and affiliates, and their employees, including any document, record, financial or other information of Tribe, or others in a confidential relationship with Tribe, and further relates to specific business matters such as the Tribe’s financial information, identity of Tribes and patients, policies and procedures, fee structures, trade secrets, proprietary know-how, account information, and other information relating to other business of Tribe, its subsidiaries and affiliates, and their employees. Consultant agrees not to remove from the premises of Tribe except as necessary for Consultant to perform services in accordance with the terms of this Agreement, any document, record, or other information of Tribe or its affiliates.
Consultant agrees to return or destroy, immediately upon termination of Consultant’s services hereunder, any and all documentation relating to Proprietary and Confidential Information of Tribe and of others that is in the possession of Consultant, in whatever format it may be maintained, whether provided to, or developed by, Consultant, and to provide a certificate of destruction if required by Tribe.
Notwithstanding the foregoing, the restrictions contained in this Section 6 shall not apply to any Proprietary and Confidential Information that (i) is a matter of public knowledge or prior personal knowledge (from a source other than a party to this Agreement or its affiliate), (ii) is independently developed by a person not a party to this Agreement without the use, directly or indirectly, of Proprietary and Confidential Information, or (iii) is required by law or the order of any court or governmental agency, or in any litigation or similar proceeding to be disclosed; provided that the disclosing party shall, prior to making any such required disclosure, notify the other party with sufficient notice to permit that party to seek an appropriate protective order.
7. Remedies. In addition to any other remedies, which Tribe may have by virtue of this Agreement, Consultant agrees that in the event that a breach of the confidentiality of this Agreement occurs or is threatened, Tribe shall be entitled to obtain an injunction against Consultant from a court of competent jurisdiction to restrain any breach of confidentiality.
8. Termination. Either party may terminate this Agreement, with or without cause, upon thirty (30) days’ advance written notice to the other, unless otherwise mutually agreed.
26 Item 6.
9. Limitation of Liability to Tribe. Notwithstanding any other provision of this Agreement, in no event shall Consultant be liable to Tribe for Tribe’s lost profits, or special, incidental, punitive or consequential damages (even if Consultant has been advised of the possibility of such damages). Furthermore, in no event shall Consultant’s liability to Tribe under any circumstances exceed the amount of compensation actually received by Consultant from Tribe under this Agreement as of a date certain. Further, Consultant will not be liable for delays or performance failures due to circumstances beyond Consultant’s control.
10. Indemnification of Consultant. Tribe shall indemnify, defend and hold Consultant harmless from and against any and all third party claims, liability, suits, losses, damages and judgments, joint or several, and shall pay all costs and expenses (including counsel's fees and expenses) as they are incurred in connection with the investigation of, preparation for or defense of any pending or threatened claim or any action or proceeding arising there from, that Consultant incurs as a result of having performed services on behalf of Tribe.
11. Tribe’s Representations. Tribe represents that it has the full right and authority to enter into and perform this Agreement. The consummation of the Agreement and the transactions contemplated herein do not violate any outstanding assignments, grants, licenses, encumbrances, obligations, agreements or understanding between Tribe and any other person or entity. Tribe represents and warrants to Consultant that Tribe is able to timely pay City all Consultant fees and expenses incurred in the performance of the services hereunder.
12. Amendments. This Agreement may be amended only in a writing signed by both parties.
13. Consultant. The parties agree that at all times during the term of this Agreement, Consultant shall continue to be an employee of City, and is only acting as a consultant for Tribe. Neither party has the authority to bind the other or to incur any liability on behalf of the other, nor to direct the employees of the other. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Tribe and Consultant or any employee or agent of Consultant. Consultant shall retain the right to perform services for others during the term of this Agreement.
14. Miscellaneous. This Agreement shall be governed by the laws of the State of California, between the Tribe and City.
27 Item 6.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the January 3, 2022.
TRIBE
Chicken Ranch Tribe of Me-Wuk Indians
___________________________________
Lloyd Mathiesen
Tribal Chairman
CITY
City of Sonora
___________________________________
Matt Hawkins
Mayor
CONSULTANT
City of Sonora Fire Department
___________________________________
Aimee New
Fire Chief
28 Item 6.