CITY COUNCIL REGULAR MEETING - JULY 05, 2022 PAGE 1 OF 4
CITY COUNCIL REGULAR MEETING
Tuesday, July 05, 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, July 5, 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 GOVERNMENT CODE SECTION 52953(E) AND THE CITY OF SONORA CITY COUNCIL RESOLUTION NO. 06-21-2022-A.
THIS MEETING IS PHYSICALLY OPEN TO THE PUBLIC OR 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: (669) 900-6833
Meeting ID: 874 6055 5933
Passcode: 7dY809
MEMBERS OF THE PUBLIC 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 Deputy 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
1 CITY COUNCIL REGULAR MEETING - JULY 05, 2022 PAGE 2 OF 4 OPEN SESSION - 5:00 PM
ADJOURN INTO CLOSED SESSION
1. Conference With Labor Negotiators (Government Code § 54957.6): Agency Designated representatives: Melissa Eads, City Administrator; Chris Gorsky, Administrative Services Director; Doug White, City Attorney; Employee Organization: Sonora Employees' Association (SEA), Administrative Services Officer.
2. Conference with Legal Counsel - Existing Litigation (Government Code §54956.9) - Wertz Industrial Disability Retirement.
RECONVENE INTO OPEN SESSION [City Council Chambers]
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OUT OF CLOSED SESSION
CITY CLERK’S REPORT ON AGENDA POSTING
APPROVAL OF THE AGENDA
PRESENTATIONS
3. Receive an update from Tuolumne County District 1 Supervisor David Goldemberg.
4. Historian Recognitions for Patricia Perry and Sharon Marovich; Introduced by Mayor Hawkins and presentations by Colette Such and Ann Segerstrom.
5. Consider Adoption of Resolutions 07-05-2022-D and 07-05-2022-E, Recognizing Colette Such and James Garaventa for their contributions and service to the City of Sonora.
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 (*6 to unmute).
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.
6. Authorize the Mayor to sign the Collective Partnership Agreement Letter in support of the Community Economic Resilience Fund (CERF) Proposal submitted by the Sierra Business Council for the Eastern Sierra Region.
7. Consider Approval of the City/County Five-Year Permanent Local Housing Allocation Plan and authorize submission of the plan to the California Department of Housing and Community Development; Melissa Eads, City Administrator.
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8. Consider Adoption of Resolution No.07-05-2022-B Accepting the Finding of an Industrial Disability Retirement Pursuant to Government Code Section 21156; Chris Gorsky, Administrative Services Director.
9. Consider Adoption of Resolution 07-05-2022-F approving the Confidential Employees Association (CEA) Memorandum of Understanding (MOU); Melissa Eads, City Administrator.
10. Approval of disbursements in the amount of $152,371.56 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; Tracy Skelly, Administrative Analyst.
PUBLIC HEARINGS
11. Consider Ordinances regarding the Protection of Critical Infrastructure and Health and Hygiene of Camps; Melissa Eads, City Administrator, Doug White, City Attorney.
1. Motion to waive reading of Urgency Ordinance No. 844, reading by title only, waiving further reading, and adoption of an Urgency Ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.61, Protection of Critical Infrastructure and Fire Severity Zone, of Title 9, Public Peace, Morals and Welfare.
2. Motion to waive reading of Urgency Ordinance No. 845, reading by title only, waiving further reading, and adoption of an Urgency Ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.62, Health and Hygiene, of Title 9, Public Peace, Morals and Welfare.
3. Waive reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.61, Protection of Critical Infrastructure and Fire Severity Zone, of Title 9, Public Peace, Morals and Welfare.
4. Waive reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.62, Health and Hygiene, of Title 9, Public Peace, Morals and Welfare.
12. Consider Adoption of Resolution 07-05-2022-C establishing an Encampment Management Policy for the City of Sonora addressing public health and safety concerns and vulnerabilities to critical infrastructure caused by the growing homelessness crisis in Sonora; Melissa Eads, City Administrator, Doug White, City Attorney.
UNFINISHED BUSINESS
NEW BUSINESS
13. Consider Adoption of Resolution 07-05-2022-A certifying the results and declaring those elected for the June 7, 2022, General Municipal Election for City Officers; Tracy Skelly, Administrative Analyst.
14. Administration of the Oath of Office for Elected City Officials, the City Administrator and the City Clerk; Councilmember Such.
1. Suzanne Cruz, Councilmember
2. Andy Merrill, Councilmember
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3. Melissa Eads, City Administrator
4. Tracy Skelly, City Clerk
BREAK
15. Appointment of Mayor and Mayor Pro-Tem and Discussion of Commission/Committee Appointments.
MONTHLY REPORTS
COMMUNICATIONS
COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
ADJOURNMENT
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. 4 CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Melissa Eads, Interim City Administrator
SUBJECT: Supervisor David Goldemberg County Update
RECOMMENDATION
Receive an update from Tuolumne County District 1 Supervisor David Goldemberg.
DISCUSSION
District 1 Supervisor Goldemberg will present an update on County-wide issues to the City Council the first meeting of each month.
FISCAL IMPACT
No fiscal impact to the General Fund.
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RESOLUTION 07-05-2022-D
____ _________________________________________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
RECOGNIZING COUNCILMEMBER COLETTE SUCH
WHEREAS, In 2017, Mayor Connie Williams created a Homeless Task Force to study, understand and figure the best path forward for the homeless in Sonora and Tuolumne County and requested members of the public to apply; and
WHEREAS, without any real experience in the realm of government, Colette completed an application, and was chosen by Mayor Williams; and
WHEREAS, on this taskforce she met Jim Garaventa who seemed to share similar beliefs about humanitarian treatment of the poor, peppered with a sense of practical improvements in their lives; and WHEREAS, when an opening on the City Council came up, Colette reviewed her resume, took inventory of her life’s work and what brought joy to her and saw that she had been working towards this her entire life; and
WHEREAS, Councilmember Such has been a leader on multiple local and regional committees and commissions, including: TCTC/TCTA; Vision Sonora; Tuolumne County Commission on Homelessness (TCCOH); Tuolumne County House Committee (Ad hoc); Tuolumne County Outdoor Shelter Committee (Ad hoc); Amador Tuolumne Community Action Agency (ATCAA) Board of Directors; Central Sierra Consortium of Care (CSCOC); Amador Tuolumne Community Action Agency (ATCAA) Review, Rank and Fund Committee; Amador Tuolumne Community Action Agency (ATCAA) Personnel Committee; TC-Stanislaus Integrated Regional Water Management Authority (IRWMA); TC Firesafe Council; Social Equity Committee; Access Tuolumne; Tuolumne County Childcare Council; Resiliency Village Board of Directors; and
WHEREAS, accomplishments that she is most proud of are her work with the homeless, finding funding from the City, ATCAA, the Sonora Area Foundation, Love Tuolumne County and a few private donors to bring toilets to Camp Hope to solve a public health problem but also bring some dignity to the lives of the unsheltered living there; and Councilmember Such is also recognized for her role on the Resiliency Village Board of Directors; and
WHEREAS, Councilmember Such is most proud of is her work for Social Justice as the Chair of the City of Sonora Social Equity Committee.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONORA DOES HEREBY RESOLVE AS FOLLOWS:
The City of Sonora expresses its gratitude to Councilmember Colette Such for her leadership and dedication to providing a better community for the residents of the City of Sonora and Tuolumne County and wishes her well in the next chapter of her life for years to come.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on July 5, 2022, by the following votes:
AYES:
NOES:
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ABSENT:
Signed and dated:
_______________________________
Matt Hawkins
Mayor of the City of Sonora
ATTEST: _______________________________
Tracy L. Skelly
Deputy City Clerk
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RESOLUTION 07-05-2022-E
____ _________________________________________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
RECOGNIZING COUNCILMEMBER JAMES GARAVENTA
WHEREAS, James Garaventa was born and raised in Sonora and is a fourth generation county native, who graduated from Sonora High School and UC Davis; and WHEREAS, In 2014, Councilmember Garaventa was elected to the City Council; and WHEREAS, Councilmember Garaventa served on the Tuolumne County Planning Commission for six years, the Board of Supervisors Planning Committee and the Tuolumne General Board of Trustees; and
WHEREAS, Councilmember Garaventa was also a citizen representative on the Parking and Traffic Commission (2005-2014), The T.C. Transportation Council’s Citizen’s Advisory committee (2002-2014), the recent Vision Sonora advisory board, and co-chair of the successful Measure “I” campaign (2004) strengthening public safety in the City; and
WHEREAS, Councilmember Garaventa also served as the President of the Eureka Engine Company #1, one of Sonora’s historic fire companies and has served on the Tuolumne County Historical Society (President 2005) and Tuolumne County Museum Boards; and WHEREAS, Councilmember Garaventa has been a leader on multiple local and regional committees and commissions, including: Central Sierra Economic Development, Fire Safe Council, Local Agency Formation Commission (LAFCO), Solid Waste Committee, Tuolumne County Chamber – Transportation Committee, Tuolumne County Economic Development Authority (TCEDA), Tuolumne County Transportation Council (TCTC), Visitor’s Bureau, Parking and Traffic Commission, Public Safety Committee; and
WHEREAS, Councilmember Garaventa believes in open government, people working together to find quality solutions, and has the passion and desire to make government work efficiently and effectively.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONORA DOES HEREBY RESOLVE AS FOLLOWS:
The City of Sonora expresses its gratitude to Councilmember James Garaventa for his leadership and dedication to providing a better community for the residents of the City of Sonora and Tuolumne County and wishes him well in the next chapter of his life for years to come.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on July 5, 2022, by the following votes:
AYES:
NOES:
ABSENT:
Signed and dated:
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_______________________________
Matt Hawkins
Mayor of the City of Sonora
ATTEST: _______________________________
Tracy L. Skelly
Deputy City Clerk
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CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Melissa Eads, City Administrator
SUBJECT: Authorize the Mayor to sign the Collective Partnership Agreement Letter in Support of the Community Economic Resilience Fund (CERF) Proposal submitted by the Sierra Business Council for the Eastern Sierra Region
RECOMMENDATION
Staff recommends authorization of the Mayor to sign the Collective Partnership Agreement Letter in support of the Community Economic Resilience Fund (CERF) Proposal submitted by the Sierra Business Council for the Eastern Sierra Region.
BACKGROUND
The Vision of the Eastern Sierra Community Economic Resilience Fund HRTC is to engage in a datainformed, inclusive, and transparent planning process to develop a regional economic recovery plan and set of projects that will encourage the generation of high road jobs.
FISCAL IMPACT
No fiscal impact to the General Fund.
ATTACHMENTS
Collective Partnership Agreement Letter
Eastern Sierra Region Community Economic Resilience Fund (CERF) High Road Transition Collaborative (HRTC)
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City of Sonora
Administration
94 N. Washington Street
Sonora, CA 95370
(209) 532-4541
(209) 532-2738 fax
sonoraca.com
Melissa Eads, City Administrator
[email protected]
Collective Partnership Agreement Letter
Community Economic Resilience Fund: Eastern Sierra Region July 5, 2022
Dear HRTC Convener:
The City of Sonora is pleased to inform you that we are in agreement with the goals of the Community Economic Resilience Fund (CERF) proposal for the Eastern Sierra region developed by the Sierra Business Council, who would act as both the Fiscal Agent and the Regional Convener.
We have reviewed the initial governance model for the High Road Transition Collaborative (HRTC). We understand that this governance model may change as the process evolves.
We agree to participate in the CERF process and agree to participate in the development of the governance model, the outreach and engagement plan, and the development of a budget for the project. We are committed to working collaboratively with a wide range of regional stakeholders from a diverse set of interests to participate in the process to create a more inclusive, equitable, and competitive regional economy.
Our primary contact for this process will be:
Contact person: Melissa Eads, City Administrator
Email Address: [email protected]
Phone: (209) 532-4541
Thank you for your time and consideration.
_________________________________________
Mayor
City of Sonora
Date: July 5, 2022
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EASTERN SIERRA REGION
COMMUNITY ECONOMIC RESILIENCE FUND (CERF)
High Road Transition Collaborative (HRTC)
The Vision of the Eastern Sierra Community Economic Resilience Fund HRTC is to engage in a datainformed, inclusive, and transparent planning process to develop a regional economic recovery plan and set of projects that will encourage the generation of high road jobs.
VISION
The planning process will focus on inclusivity for all regional stakeholders, with special emphasis on historically less engaged stakeholders such as disinvested communities, tribal communities, and workers.
The planning process will utilize the skills and knowledge of local entities and organizations and ongoing regional processes, including those developed by local governments, workforce training organizations, economic development organizations, regional educational institutions, and community-based organizations.
The planning process will be guided by Sierra Business Council as regional fiscal agent and convener but will be governed by a diverse and representative HRTC council and a series of topical committees, where power is shared and all ideas are welcomed.
The planning process will include a vigorous, multi-channel, and bilingual public outreach plan specifically designed to reach traditionally disinvested workers and communities, and represent the geographic and cultural diversity of the region.
The planning process will result in a regional economic recovery and transition plan that will emphasize job quality and access, economic competitiveness and resiliency, regional equity, and the long-term sustainability of the region. The planning process will align with state policies across a broad range of objectives, including the need to advance a climate-resilient and carbon-neutral economy.
The final adopted plan will include a broad range of data including stakeholder and asset mapping, identification of opportunities for alignment with existing regional economic planning processes and documents, a regional labor market and economic cluster analysis, and identification of regional climate and public health trends. The final adopted plan will also include specific strategies for the growth of targeted industries, strategies for increasing economic diversification, and strategies for increasing economic equity.
The final adopted plan is likely to be one regional plan with two subcomponents addressing a specific set of east side and west side strategies and implementation opportunities. The plan will identify specific projects for inclusion in future CERF funding proposals.
GOALS
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EQUITY,
CLIMATE &
LABOR
COMMITTEE
BUSINESS &
WORKFORCE
COMMITTEE
LOCAL
GOVERNMENT
COMMITTEE
DATA,
PLANNING, &
DRAFTING
COMMITTEE
PROJECT
COMMITTEE
PROPOSED GOVERNANCE MODEL
Eastern Sierra CERF Region
This draft governance structure is intended to include representation from the large geography of our Eastern Sierra region and include representation on the High Road Transition Collaborative (HRTC) Council or HRTC Committees of all of the required and suggested stakeholders. A non-voting participant will chair the HRTC Council meetings.
The HRTC is intended to conduct all of its Council and Committee meetings in a public forum, in a transparent manner, in a hybrid-meeting format, with each stakeholder enjoying equal status and authority.
The composition of the HRTC Council and Committees may change over time as additional stakeholders are engaged. The governance model also allows for the addition of Committees as circumstances or direction changes based on data analysis and dialogue. The name of the HRTC may be changed after the grant is awarded.
HRTC COUNCIL
21 members + Non-voting Chair
3 from each county (or cities within
counties)
5 are chairs of the Committees
Represents the diversity of required
stakeholders
HRTC COUNCIL
7 voting members per Committee
Open ex officio membership
1 voting member from each County
Committee chair sits on HRTC board
Committee decisions matriculate to
board
COMMITTEE STRUCTURE
DECISION MAKING PROCESS
Decision making in committees and board based on modified consensus model (Support, Can Live With, Abstain, Oppose)
1. Straw Poll
2. Discussion
3. Poll-No consensus triggers vote.
Operational decisions require a majority vote of committee and board members.
Project decisions require a ⅔ vote of committee and board members. 13 Item 6.
EASTERN SIERRA REGION
COMMUNITY ECONOMIC RESILIENCE FUND (CERF)
High Road Transition Collaborative (HRTC)
The HRTC process is required to be highly public, participatory, and transparent in nature. The HRTC will welcome all community stakeholders, and fairly and equitably consider all ideas brought forward by stakeholders. The CERF program calls for an 18-24 month planning process but we will make our best effort at completing the public portion of the effort in 18 months.
HRTC meetings will be hybrid meetings allowing for both in-person and virtual attendance, and will be held alternately (depending upon weather) on the east side and west side of the Sierra crest. In-person attendance at a majority of the meetings (depending upon pandemic) is expected.
Stipends will be available to voting members who are non-elected officials (and allowed to accept payment for meetings and committee obligations). Stipends are optional and intended to increase participation from stakeholders with lower resources or capacity to engage in the CERF process. Mileage and lodging costs will be reimbursed for all participating voting members if approved in advance.
The HRTC structure proposed by Sierra Business Council (SBC) requires 51 individual stakeholders to act as voting members, and one non-voting member to act as the HRTC Board Chair. The various roles are described in detail below.
ROLE DESCRIPTIONS & APPROXIMATE TIME COMMITMENTS
Council members will be expected to participate in one 1 ½ hour-long hybrid meeting per month for 18-24 months, to need approximately 3 hours per month for document review and comment, and to occasionally meet with community stakeholders.
Approximate Time Commitment: 6-8 hours per month or 70-90 hours per year Proposed Number of Council Members: 21
An SBC project manager will staff the Council.
HRTC COUNCIL, COMMITTEE, AND PUBLIC PARTICIPANTS
High Road Transition Collaborative Council Member
The Council chair will be a non-voting member. The Chair will be expected to attend each 1 ½ hour-long monthly Council meeting for 18-24 months, usually but not always, in person, to need approximately 3 hours per month for document review, and to communicate on a regular basis with Council members to ensure all issues are being forwarded to the Council.
Approximate time commitment: 10 hours per month or 120 hours per year An SBC project navigator will staff the Council chair.
High Road Transition Collaborative Board Chair
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EASTERN SIERRA REGION
COMMUNITY ECONOMIC RESILIENCE FUND (CERF)
High Road Transition Collaborative (HRTC)
Committee members are expected to participate in one 1 ½ hour-long hybrid meeting per month for 18-24 months, to need approximately 3 hours per month for document review and comment, and to meet occasionally with community stakeholders.
Approximate Time Commitment: 6-8 hours per month or 70-90 hours per year Proposed Number of Committee Members: 35 (7 voting members for each of the 5 committees) An SBC project navigator will staff the Committees.
High Road Transition Collaborative Committee Member
One member of each committee will also serve on the Council. This position will require participation in two 1½ hour per month meetings plus approximately 4 hours per month of document review.
Approximate Time Commitment: 8-12 hours per month or 96-144 hours per year Proposed Number of Committee Liaisons: 5
High Road Transition Collaborative Committee Liaison
Committee membership is open to all public participants, however there are only 7 voting members per committee. The public is encouraged to participate in as many meetings as they choose.
High Road Transition Collaborative Participant
Fiscal Agent: SBC will act as the Fiscal Agent. The Fiscal Agent is responsible for the project application, receives the funding, manages contracting, manages the overall finances of the project, makes disbursements to contractors, and acts as the intermediary in grant management, including grant reporting. The Fiscal Agent must have legal authority, history, and capacity to administer state funds.
Regional Convener: SBC will act as the Regional Convener. SBC is the lead organization tasked with organizing an inclusive group of regional stakeholders to form the HRTC and implement the planning grant in its region. SBC anticipates the program will be staffed with a project manager, two community project navigators (one on the west side and one on the east side), and will issue contracts to other community organizations for portions of the public outreach, engagement, and capacity building activities necessary.
Project Team
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CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Melissa Eads, City Administrator
SUBJECT: Permanent Local Housing Allocation Plan (PLHA)
RECOMMENDATION
Staff recommends the approval of the City/County Five-Year Permanent Local Housing Allocation Plan and authorize submission to the California Department of Housing and Community Development.
BACKGROUND
This staff report was prepared by Maureen Frank, Deputy County Administrator, Tuolumne County.
In 2017, the State of California Legislature passed the CA Building Homes and Job Act. Among other things this implemented a $75 real estate transaction fee that would be set aside for local jurisdictions to utilize for eligible housing-related projects and programs. The legislation directed the California Department of Housing and Community Development (HCD) to utilize 70% of these revenues collected to provide financial assistance to local governments under the newly established Permanent Local Housing Allocation (PLHA) grant program.
Pursuant to PLHA funding requirements, jurisdictions seeking funds must submit a PLHA plan outlining how the jurisdiction intends to use the funds on eligible activities over the course of five years, how the local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of AMI, and how the plan replates to the local jurisdictions Housing Element. The plan is meant to guide the City and County in developing collaborative projects to achieve our housing goals
This past February, a group of City and County staff along with Amador Tuolumne Community Action Agency began to meet to put together the draft PLHA Five Year Plan. After several meetings the PLHA Team came up with a holistic approach to address Homelessness, persons in jeopardy of being homeless and identifying and breaking down barriers to obtaining affordable housing.
DISCUSSION
Staff recommends Attached for your review and approval is the draft City/County PLHA Five-Year plan (See Attachment A). In creating this document, the PLHA Team wanted to look at each phase of housing needs (Emergency, Temporary and Permanent) and develop strategies, using Housing First Model as a guide, and goals that would assist in:
Getting people into safe housing situations
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Identify and assess barriers to housing
Provide case management services to develop pathways to permanent housing Create additional emergency, temporary, and permanent housing units.
The PLHA Team came up with the following priority projects for PLHA funding:
Outdoor Managed Emergency Shelter
Homeless Services Case Management/ Supportive Services Development of a County Navigation Center
Transitional Housing Development and Management
Workforce Housing Projects
Stanislaus Housing Authority
Sonora Emergency Homeless Shelter
Before bringing this draft plan to your Board, the PLHA Team presented this plan on June 9th to the Tuolumne County Commission on Homelessness and the Board of Supervisor's Housing Policy Committee. Overall participants of both groups felt that the draft PLHA Five-Year Plan was good and inclusive to various groups in the County. They appreciated the holistic approach to housing issues by addressing emergency, temporary and permanent housing. The two groups also expressed some concerns about the following:
PLHA Plan priorities too heavily weighted on case management services and not on the creation of beds
The PLHA plan did not address the homeless teen population That there was no process for follow-up with elected officials or community groups in the plan That the Navigation Center Project should include the creation of beds Would like us to put more funds into the creation of workforce housing units. The PLHA Team should look at housing supportive planning funds to update the General Plan, ordinances, or any other associated environmental reviews that might be needed.
The PLHA team reviewed the comments received and made the following changes to the plan:
Added additional details to the creation of the Navigation Center to include the development of beds.
Beds have been addressed in the following priority projects: Outdoor Managed Emergency Shelter, the Development of a Navigation Center, the Transitional Housing Development, and in the Sonora Emergency Shelter.
Added a section to the plan related to the PLHA process. In this section we talk about the next steps in the PLHA process and the involvement of community committees/commissions. Budget table was adjusted to make information easier to understand Many of the comments received related to specific tasks within the PLHA priority projects/services called out in the plan. Changes related to these comments were not made, as the PLHA Plan is meant to be a high-level document with general priorities. It will be during the grant application process in which we will have to get into very specific details on how we want to achieve the priorities 17 Item 7.
listed in our PLHA Plan. The PLHA team has noted these comments and will be considering them as we make annual grant applications.
Once the PLHA Five-Year plan is approved, it will be submitted along with a grant application to HCD for their review and approval. The next Notice of Funding Availability (NOFA) for PLHA funds should be out sometime this summer with grant due this coming December 2022.
FISCAL IMPACT
Both the City and County have not applied for PLHA 2019/2020 allocations. HCD has informed us that we will be able to apply for previously funded allocations in addition to the 2022 grant amounts. Allocation amounts are listed below.
2019
Allocation
2020
Allocation
Anticipated 2022
Allocation
Total
City of Sonora $91,427 $138,507 $138,507 $268,441
Tuolumne County $242,182 $368,367 $368,367 $1,014,916
Totals $333,620 $506,874 $506,874 $1,283,357
Utilizing the 2020 funding allocation as the base, it is anticipated that over the course of the five years the City and County will receive around $2,534,370 in PLHA funds. To administer PLHA, local jurisdictions can request 5% of the total requested allocation. The total Yearly Allocation:
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CITY COUNCIL AGENDA REPORT
MEETING DATE:
TO:
FROM:
SUBJECT:
July 5, 2022
City Council Members
Melissa Eads, City Administrator
Chris Gorsky, Administrative Services Administrator
Adopt Resolution 07-05-2022-B Accepting the Finding of an Industrial Disability Retirement Pursuant to Government Code Section 21156.
RECOMMENDATION
Consider Adoption of Resolution No.07-05-2022-B Accepting the Finding of an Industrial Disability Retirement Pursuant to Government Code Section 21156.
DISCUSSION
The City of Sonora is a contracting agency with the California Public Employees Retirement System (“CalPERS”). In the event CalPERS notifies a contracting agency that an application for industrial disability retirement has been filed, CalPERS requires that the contracting agency determine whether an employee of such agency is incapacitated or “disabled” from performing his/her job duties and, if so, whether his/her disability is an “industrial” disability. In making this determination, the contracting agency is required by CalPERS to make certain specified findings, determinations and statements. The contracting agency must then certify its determination to the CalPERS Board, which will approve or disapprove the application for disability retirement based on the contracting agency’s determination.
FISCAL IMPACT
The cost of an industrial disability retirement will be included in the annual employer contribution rates determined by the PERS Actuarial Division for each such application for disability. The fiscal impact, if any, cannot be ascertained until those contribution rates are determined.
ATTACHMENTS
Resolution 07-05-2022-B
516
Item 8.
RESOLUTION 07-05-2022-B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
APPROVING THE CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR POLICE
OFFICER TIM WERTZ
WHEREAS, the City of Sonora (the “City”) is a contracting agency of the California Public Employees’ Retirement System (“CalPERS”); and
WHEREAS, the California Public Employees’ Retirement Law (Government Code Section § 20000 et seq.) (“California law”) requires that the City determine whether an employee classified as a local safety member is disabled for purpose of the California law and whether such disability is “industrial” within the meaning of such law; and WHEREAS, Tim Wertz (“Employee”) filed an application with CalPERS, for an Industrial Disability Retirement due to an injury; and
WHEREAS, the Employee, is employed by the City in the position of Police Officer; and WHEREAS, the City Council of the City of Sonora has reviewed the medical and other evidence relevant to this industrial disability,
THEREFORE, BE IT RESOLVED, by the City Council of the City of Sonora, California:
1. That the above recitations are true.
2. The City Council does hereby find and determine that the employee is incapacitated within the meaning of the California Public Employees’ Retirement Law for performance of his duties in the position of Police Officer.
3. That the City Council certifies Resolution 07-05-22-B in accordance with Government Code Section § 21156, that this determination was made on the basis of competent medical opinion, and was not used as a substitute for the disciplinary process.
4. That the Employee had filed a Workers’ Compensation claim for his disabling condition. The City accepted the Employee’s Workers’ Compensation claim.
5. That neither Employee nor the City of Sonora has applied to the Workers’ Compensation appeals board for a determination pursuant to Government Code Section § 21166 whether such disability is industrial.
6. That the Employee’s retirement date was effective 10/31/2020 and his last day on paid status was 10/31/2020.
7. That there is not a possibility of third-party liability.
8. The primary disabling condition is a left shoulder injury and a left foot injury, and arose out of and in the course of employment.
9. That there is competent medical opinion certifying the disabling condition to be permanent.
10.That based on information and belief, and on the information provided by City staff, the City Council certifies under penalty of perjury that all statements in this Resolution are true and correct.
52 Item 8.
The foregoing Resolution of the City Council of the City of Sonora was PASSED AND ADOPTED by the City Council, State of California, at a public hearing held on this 5 th day
of July, 2022, by ___________________, who moved its adoption, which motion was duly seconded by ___________________, and the Resolution adopted by the following vote:
AYES:
NOES:
EXCUSED:
APPROVED:
_________________________
Matt Hawkins,
Mayor of the City of Sonora
ATTEST:
________________________
Deputy City Clerk
City of Sonora
53 Item 8.
CITY COUNCIL AGENDA REPORT
MEETING DATE:
TO:
FROM:
SUBJECT:
June 5, 2022
City Council Members
Melissa Eads, Interim City Administrator
Sonora Confidential Employees’ Association (CEA) MOU
RECOMMENDATION
Consider adoption of Resolution No. 07-05-2022-F approving the Memorandum of Understanding for the Sonora Confidential Employees’ Association (CEA) effective July 1, 2022 through June 30, 2025 and authorize the Mayor to sign agreement. The Administrative Services Officer position will assume the City Clerk duties as of July 5, 2022.
DISCUSSION
The City of Sonora and the Sonora Confidential Employees’ Association (CEA) have met and have come to agreement to the following negotiated terms effective July 1, 2022 through June 30, 2025.
It is the recommendation of staff that the City Council approve the FY 2022-2025 Sonora Confidential Employees’ Association (CEA) Memorandum of Understanding.
FISCAL IMPACT
The associated fiscal increases to this MOU are budgeted in the FY 2022-2023 Budget.
ATTACHMENTS
Resolution 07-05-2022-F
CEA MOU
54 Item 9.
RESOLUTION NO. 07-05-2022-F
A RESOLUTION OF THE CITY OF SONORA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE SONORA CONFIDENTIAL EMPLOYEES’
ASSOCIATION AND THE CITY OF SONORA
WHEREAS, Section 570.5 of the California Code of Regulations, Title 2 requires formal City Council approval and adoption of employee salary and compensation plans; and WHEREAS, representatives of the City of Sonora and the Sonora Confidential Employees’ Association (CEA) have met and conferred in good faith and have reached agreement on wage, hours and other terms and conditions of employment for all employees allocated to the CEA Unit.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby approve the FY 2022/23-2024/25 Memorandum of Understanding between the Sonora Confiential Employees’ Association and the City of Sonora attached hereto.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on July 5, 2022, by the following votes:
AYES:
NOES:
ABSTAIN:
ABSENT:
Signed and dated:
_______________________________
Matt Hawkins
Mayor of the City of Sonora
ATTEST: _______________________________
Deputy City Clerk, City of Sonora
55 Item 9.
{CW114615.1}
MEMORANDUM OF
UNDERSTANDING
FOR THE SONORA
CONFIDENTIAL
EMPLOYEES'
ASSOCIATION (CEA)
FY 2022-23 through FY 2024-25
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Table of Contents
PREAMBLE ........................................................................................................................................3 Section 1. RECOGNITION ................................................................................................................3 Section 2. SALARY PLAN................................................................................................................3 Section 2.1- SALARY PLAN ADMINISTRATION .........................................................................4 Section 2.2- SALARY PAYMENT.............................................................................................. 4 Section 2.3 - SALARY OF NEW EMPLOYEES...........................................................................4 Section 2.4 - INCREASE WITHIN RANGE..................................................................................4 Section 3. REDUCED WORK HOUR SCHEDULE .........................................................................6 Section 4. CONFIDENTIAL EMPLOYEE EDUCATION INCENTIVE............................................. 6 Section 5. INSURANCE COVERAGE............................................................................................. 7 Section 5.1 - MEDICAL INSURANCE ......................................................................................... 7 Section 5.2 - DENTAL INSURANCE ........................................................................................... 9 Section 5.3 - LIFE INSURANCE .................................................................................................. 9 Section 5.4 - VISION INSURANCE .............................................................................................. 9 Section 5.5 - LONG TERM DISABILITY.................................................................................... 10 Section 5.6 - ANNUAL PHYSICAL. ........................................................................................... 10 Section 6. DEFINED CONTRIBUTION MEDICAL BENEFIT ...................................................... 10 Section 7. POST RETIREMENT BENEFITS ................................................................................ 10 Section 8. SICK LEAVE.................................................................................................................. 12 Section 9. ADMINISTRATIVE LEAVE........................................................................................... 13 Section 10. BEREAVEMENT LEAVE............................................................................................ 14 Section 11. TEN PERCENT DIFFERENTIAL ............................................................................... 15 Section 12. HOLIDAYS.....................................................................................................................15 Section 13. VACATION .................................................................................................................. 16 Section 14. CALPERS .................................................................................................................... 17 Section 15. REVIEW OF JOB DESCRIPTION ............................................................................. 18 Section 16. WORKERS' COMPENSATION.................................................................................. 18 Section 17. AUTO ALLOWANCE .................................................................................................. 19 Section 18. CELL PHONES ........................................................................................................... 19 Section 19. BENEFITS ................................................................................................................... 20 Section 20. WORK FURLOUGH.................................................................................................... 20 Section 21. FLEXIBLE WORK WEEK........................................................................................... 21 57 Item 9.
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Section 22. SAVING CLAUSE........................................................................................................21 Section 23. TERMINATION CLAUSE ............................................................................................21 Section 24. FULL AGREEMENT ....................................................................................................21 58 Item 9.
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PREAMBLE
1. The purpose of this Agreement is to promote the improvement of personnel management and employer/employee relations, provide an equitable and peaceful procedure for the resolution of differences and establish rates of pay and other terms and conditions of employment.
2. The City and Association agree that all employees of the City share in the important responsibility of providing superior service to the public and that every job and position is considered to be important.
3. This Memorandum of Understanding (MOU) is entered into pursuant to the MeyersMilias-Brown Act, as amended, and has been jointly prepared by the parties.
SECTION 1. RECOGNITION
1. Association is recognized as the exclusive representative, as provided in the City's EmployerEmployee Relations Resolution No. 3-21-83-D, for the bargaining unit consisting of all regular full-time confidential employees in classifications such as:
• Administrative Services Officer
Bargaining unit employees may also be referred to herein as “employee(s)” or “confidential employee(s).”
2. The terms of this Agreement shall apply to bargaining unit employees identified above. The Association does not represent temporary or part-time employees within these classifications, with the exception of a bargaining unit employee who has entered into an agreement with the City for a reduced work hour schedule, pursuant to Section 3 of this MOU.
SECTION 2. SALARY PLAN
1. Effective July 1st, 2022, salary ranges for all bargaining unit employees will increase as follows:
• Year 1
• Year 2
• Year 3
5% COLA increase effective July 1, 2022;
4% COLA increase effective July 1, 2023;
4% COLA increase effective July 1, 2024.
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SECTION 2.1 – SALARY PLAN ADMINISTRATION
1. Bargaining unit employees regularly assigned a position in a classification covered by this Agreement shall be paid a base salary within the range established for that position's classification as set forth on Attachment A –Salary Schedule.
SECTION 2.2- SALARY PAYMENT
1. Salaries shall be paid biweekly. Routine paychecks shall be for the purpose of compensating for base salary and other compensation owed employees.
SECTION 2.3 - SALARY OF NEW EMPLOYEES
1. The first step of the Salary Plan (Step A) is the minimum base salary for the positions listed and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel or if a person of unusual qualifications is to be appointed, the City Administrator may make the appointment at a base salary level up through Step D. The City Council has the authority to make the appointment at base salary level Step E.
SECTION 2.4 - INCREASE WITHIN RANGE
1. Every bargaining unit employee who is employed in a classification for which there is a base salary range shall have an anniversary date (the date of appointment to the employee’s current classification). All salary adjustments, except longevity pay,are made effective upon the anniversary date or any time thereafter. The date of eligibility for subsequent salary adjustments, excluding longevity pay, shall be one year after the current year anniversary date, subject to promotion. The anniversary date should not be confused with the employee's service date (the date an employee has completed the probationary period and occupies a regular position, used for calculation of vacation and longevity pay) nor with the employee's date of hire (the date upon which employee began working for the City-whether temporary, reserve, probationary, etc.).
2. The steps of each base salary range shall be interpreted as follows:
a. The second step (B) is merit advancement. Employees may be advanced to the second step after completion of one year's employment in position. The one-year period shall be a probation/orientation period.
b. The third step (C), fourth step (D), fifth step (E) and sixth step (F) are merit advancements. Employees shall be eligible for advancement to their next step on their subsequent anniversary date.
c. To Achieve the sixth step (F) the employee must have worked three (3) years with the City of Sonora and a minimum of five (5) years with another Government or Tribal agency, for a total of eight (8) years' experience.
d. No other conditions will be necessary for bargaining unit employees to achieve the sixth step (F).
Example 1 - Employee's anniversary date is August 1st. Employee went to Step "C" on August 1st, 2021, and would be eligible for Step Don August 1st, 2022. 60 Item 9.
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Example 2 - Employee's anniversary date is August 1st. Employee is at Step "C" and reviewed for Step "D" for August 1st, 2021, anniversary date. At the Supervisor's discretion, the Employee is not advanced to Step "D" on August 1st, 2021, but subsequently advanced to Step "D" on January 1st, 2022. The Employee's anniversary date would remain on August 1st, and the Employee would be eligible for review on August 1st, 2022, for Step E. Advancement to steps are made upon the recommendation of the Department Head to the City Administrator.
3. In any case, where, by reason of unusual circumstances, rigid adherence to the foregoing principles relating to salary adjustments would cause a manifest injustice, the City Council may make such order relating thereto as, in its discretion, is proper.
4. No advance in steps shall be automatic upon completion of the period of service outlined herein above, and all increases shall be made 1) on the basis of merit as established by the employee's work performance; 2) upon documentation by evaluation; and 3) upon review and approval of the City Administrator. An increase of pay shall be withheld in cases of inferior work, lack of application, indifferent attitude, and any other sufficient reason.
5. Each base salary adjustment shall become effective on the anniversary date of the employee, or at any time thereafter as explained in Sections 2.4 (a). and (b). Such salary adjustment shall be processed as of the beginning date of the pay period for which the adjustment becomes effective.
6. Employees shall receive a longevity benefit based on continuous service (no break in employment) with the City after the completion of ten (10) years of continuous service (from the service date), and each five (5) years of continuous service thereafter. Such benefit shall be for two and one-half percent (2.5%) of the current base salary for each five-year increment of continuous service. For example, after ten (10) years the employee shall receive 2.5% increase over base salary, and after fifteen (15) years the employee shall receive an additional
2.5% for a total of 5.0% increase over base salary. The longevity benefit is automatic and is not based on merit.
SECTION 3. REDUCED WORK HOUR SCHEDULE
1. In the event a bargaining unit employee desires a reduction in their work hour schedule, they must first make a written request to the City Administrator. If the City Administrator deems the request to have merit and be of mutual benefit to both the City and the employee, the request will be approved in writing. The employee's base salary, other compensation and all benefits (i.e., leave accruals, insurances, etc.) will be pro-rated to correspond to the hours worked.
SECTION 4. CONFIDENTIAL EMPLOYEE EDUCATION INCENTIVE
1. The City agrees to provide an increase to bargaining unit employees' base salary as an education incentive for those employees who have, or will, attain the following degrees:
• Associates Degree - 2.5%
• Bachelor's Degree - 5.0 %
• Master's Degree/Certified Public Accountant 7.5%
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• Doctorate - 10.0%
2. Employees shall only be compensated for the highest degree obtained from a public or private post-secondary institution that has received state approval toward the above degrees; the incentive shall not be cumulative. For example, if on the effective date of the Agreement, an employee has attained a Bachelor's Degree, the employee's base salary would increase by
5.0%. If the employee subsequently attains a Master's Degree, the employee's base salary would increase 2.5%, for a total of 7.5%. Multiple degrees at the same educational level will not be recognized. For example, an employee who has two Bachelor's Degrees will only receive compensation for one degree.
3. The education incentive shall be included in the employee's base salary and is considered reportable salary to PERS and taxable. Verification of the degree must be made to the City Administrator. The original degree or an original letter from the college granting said degree must be produced to receive the educational incentive benefit.
SECTION 5. INSURANCE COVERAGE
1. During the term hereof, the City agrees to provide medical, dental, vision, life, and long-term disability insurance coverage to each bargaining unit employee and dependents, if any, as indicated by category.
2. For new hires, medical, dental, vision, life, and long-term disability insurance coverages become effective the first calendar day of the month following the date of hire, unless the date of hire is the first calendar day of the month, in which case coverage is effective immediately.
3. All medical, dental, vision, life and disability insurance will end for terminating employees on their date of separation from the City, unless otherwise provided for by this Agreement.
4. For any barging unit employee on leave of absence for more than 10 consecutive working days, medical, dental, vision, life, long term disability insurance, and retirement benefits provided by the City shall not be provided upon expiration of sick leave, vacation accrual, and CTO, subject to provisions of State and Federal law. If the employee elects medical, dental, vision and life insurance, it shall be paid at the COBRA rate; payment shall be due monthly in advance.
Proration of payment shall be applied as appropriate.
SECTION 5.1 - MEDICAL INSURANCE
1. The City agrees to provide medical coverage as follows:
a. Medical Insurance will be provided under either a Modified Classic Preferred Provider plan (PPO) -or an Exclusive Provider Organization plan (EPO). b. Prescription Drug Card Plan will be provided by the City. There is no calendar year deductible. Prescription drug cost shares, such as co-payments, apply towards the medical out-of-pocket maximum amount and do not apply towards the medical plan deductible. Pharmacy copayments are per the plan documents. There are also mailorder rates. 62 Item 9.
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2. The Association agrees that each bargaining unit employee will contribute to the monthly premium costs of the medical plan that the employee chooses for the employee and the employee’s dependents, if any, as follows during the contract term:
• Year 1: 5%
• Year 2: 10%
• Year 3: 15%
3. Bargaining unit employees, whose dependents have coverage elsewhere and elect to discontinue dependent coverage or who currently have no dependent coverage, will receive $45.00 additional taxable compensation per pay period.
a. Employees who currently have dependent coverage may delete dependents only if they are able to show that their dependent(s) has medical coverage elsewhere or is no longer eligible for coverage (e.g., dependent child who has reached the maximum allowed age for coverage, divorce of spouse, death of dependent, etc.). b. If the dependent has other health care coverage, the employee must provide the City with the appropriate documentation, including a copy of the dependent's coverage card, showing proof of coverage.
c. During December of each year, employees who do not have dependent coverage will be required to submit the appropriate information indicating that they either have no dependents to cover, or their dependents have coverage elsewhere. d. Dependents, who are deleted from the City's coverage, and subsequently elect to come back under the City's plan, will be allowed to do so at the beginning of a calendar month. Any dependent who is re-enrolled will be subject to the same conditions as any newly enrolled participant in the plan, subject to State and Federal law. e. Employees who elect to add a new dependent(s) who have never been under the City's policy, may do so at the beginning of any calendar month. If the employee is currently receiving a dependent in-lieu pay, the in-lieu pay will end at the conclusion of the pay period preceding the addition of the dependent. For instance, if an employee adds a new dependent on March 1st, and the prior pay period ends on February 24th, the employee's last in- lieu pay would be for the pay period ended February 24th. f. There will be no proration of in-lieu benefits.
g. All new employees to the City will fall under these same provisions.
SECTION 5.2 - DENTAL INSURANCE
1. During the term of this Agreement, the City agrees to provide dental coverage as follows for the bargaining unit employee and the employee’s dependents, if any:
a. Up to $1,000 will be paid per person per calendar year. b. Preventative - No Deductible.
c. Routine oral examination.
d. Cleaning of teeth.
e. X-Rays where professionally indicated.
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f. Examination, consultation, and diagnosis.
g. Fluoride treatments for children to age 19.
2. After a $25 deductible each calendar year ($75 per family), coverage is as follows:
a. Routine - Paid at 80% of UCR.
b. Extractions and oral surgery.
c. Fillings.
d. Treatment of periodontal and other diseases of the gums and soft tissue of the mouth.
e. Root canal treatment.
f. Relines, rebases and repairs of existing dentures.
g. Drugs and/or anesthesia used for control of dental pain during any session of dental treatment.
3. Major - Paid at 50% of UCR
a. Bridgework, crowns, appliances, dentures, inlays, and gold fillings SECTION 5.3 - LIFE INSURANCE
1. The City shall provide, and pay premiums for, term life insurance for the bargaining unit employee while the employee is in City employment, with a payoff value equal to the employee's annual salary at time of death (or disability, if provided by policy), with a salary cap of $150,000.
2. The City shall also provide, and pay premiums for, the following dependent life insurance coverage:
a. Spouse $25,000
b. Dependent $10,000
SECTION 5.4 - VISION INSURANCE
1. The City shall provide employees covered by this Agreement and their dependents, with a vision care program at the City's expense.
SECTION 5.5 - LONG TERM DISABILITY
1. The City agrees to provide and pay for long term disability insurance. The City, at its option, may change the carrier, but cannot change coverage without going through the meet and confer process.
SECTION 5.6 - ANNUAL PHYSICAL
1. City agrees to provide bargaining unit employees an allowance of two hundred and fifty dollars ($250) per fiscal year (July 1st - June 30th) for an annual physical examination. An annual physical examination allowance of two hundred and fifty dollars ($250) shall be provided to an 64 Item 9.
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employee upon receipt of an "Employee Physical Verification" form signed by the employee's physician and/or physician's representative.
SECTION 6. DEFINED CONTRIBUTION MEDICAL BENEFIT
1. The City and Association agree to explore the possibility of developing a Retirement Trust Fund or Defined Contribution Medical Benefit Account.
2. If the development of a Retirement Trust Fund or Defined Contribution Medical Benefit Account is possible, and the City and Association agree to proceed, both parties will work on developing and implementing a Retirement Trust Fund or Defined Contribution Medical Benefit Account program for employees and their dependents.
3. Amount of contribution by employee/retiree and City will be negotiated.
4. Upon implementation, the Post-Retirement Benefits Section will not apply to any new member of the Association.
SECTION 7. POST RETIREMENT BENEFITS
1. Each bargaining unit employee retiring from City employment after a minimum of ten (10) years of continuous service as a full-time benefitted employee shall have available the medical, dental, and vision programs then currently provided for active bargaining unit employees.
a. The City agrees to pay fifty percent (50%) of the then monthly premium for such coverage for a retiring employee having attained the age of 55. b. The retiring employee shall be responsible for fifty percent (50%) of the monthly premium and the same deductible as other employees.
c. The retiring employee shall not be responsible for any City self-funded portion. d. The City agrees to pay seventy-five percent (75%) of the then monthly premium for such coverage upon the employee attaining the age of 60. e. The employee shall be responsible for twenty-five percent (25%) of the monthly premium and the same deductible as other employees of the Association. f. The employee shall not be responsible for any City self-funded portion. g. It is understood that employees who retire before age 60, and receive the benefit of the above paragraph, shall benefit from the paragraph upon attaining age 60.
2. In the future, should the Association agree to drop such coverage as outlined above for active bargaining unit employees, the City agrees to make any of the City's then current coverage available to retired employees in the same manner previously described. a. If the retired employee chooses not to participate in the City's plan upon retirement, they will not be allowed to be reinstated.
b. If they choose to participate in the City's plans upon retirement and subsequently withdraws from the plans, they will not be allowed to be reinstated. c. Spouse and dependents may be included in this coverage, at the employee's discretion, with the same provisions, as for the retired employee. 65 Item 9.
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d. Dependent coverage shall be limited to the same criteria as that of dependent coverage for active barging unit employees (currently coverage until the age of 26).
3. In the event of the death of the employee, their surviving spouse and any existing covered (enrolled) dependents will be allowed to continue coverage under the same conditions of this provision; however, they will not be allowed to add individuals to the City's plan.
4. Coverage for the retired employee shall terminate sixty (60) days after he/she becomes eligible for Medicare coverage. Coverage for the surviving spouse shall terminate sixty (60) days after he/she becomes eligible for Medicare coverage. All remaining dependents' coverage shall terminate sixty (60) days after the retired employee or surviving spouse becomes eligible for Medicare.
SECTION 8. SICK LEAVE
1. Sick leave shall be accumulated at the rate of 1.25 days per month/10.0 hours per month. (10.0 x 12 = 120.0 + 26 pay periods = 4.62 hours' accrual per pay period). An employee may accumulate sick leave without limitation.
2. Upon retirement from the City, bargaining unit employees may obtain a payout of up to: (1) 480 hours of accrued Sick Leave at their current hourly rate of pay and (2) an additional 240 hours of accrued Sick Leave at fifty percent of their current hourly rate of pay. a. As an alternative, upon retirement from the City, bargaining unit employees y, may: (1) obtain a payout of up to 480 hours of accrued Sick Leave at their current hourly rate of pay; and (2) apply up to 480 hours of accrued Sick Leave toward the monthly medical, dental and/or vision premium costs which occur following the employee's effective service retirement date through and including the date when the employee becomes eligible for Medicare.
b. Any remaining sick leave hours that are not paid off may be reported to CALPERS to be incorporated into the Employee's Retirement Service Credit balance.
3. The rate of pay shall be based upon the employee's current rate of pay.
4. Sick leave must be taken in fifteen-minute increments (e.g., if any employee is gone for twenty minutes, thirty will be recorded).
5. Employees may be granted leave with pay, or a leave without pay, when the absence is required because of illness or injury of a member of the immediate family.
6. Each day utilized for this leave shall be subtracted from sick leave entitlement.
7. The employer may require a justification for the need for this leave before approving the leave.
8. Employees may use a maximum equal to the current year's accrual in any given year of sick leave accrual for the purpose of family sick leave.
9. In unusual instances the City Administrator may extend family sick leave provisions. a. For the purpose of this subsection "immediate family" shall be defined as that found within the adopted Personnel Rules and Regulations of the City of Sonora. 66 Item 9.
11 10. At the end of each fiscal year the employee shall have the option of accumulating unused sick leave or, in the alternative, may trade all unused sick leave from the previous fiscal year for additional vacation time.
a. In the event of a trade, not less than one hundred percent (100%) of the unused sick leave for the previous fiscal year can be traded.
b. If sick leave is traded for vacation time it shall be traded as two (2) days of sick leave for one (1) day of vacation or the equivalent.
c. The ceiling on vacation accrual shall remain valid in instances of a trade wherein said trade results in an excess of the ceiling.
Example: An employee with 96.0 hours of unused sick leave from the previous fiscal year can trade said 96.0 hours for 48.0 hours of vacation. If an employee elects to trade sick leave it must be for the entire amount unused in the previous fiscal year. For instance, an employee accrues 96.0 hours in a fiscal year, takes 16.0 hours' sick leave, they would have to trade the entire balance of
80.0 hours from the previous fiscal year. An employee cannot trade sick leave past the last previous fiscal year, i.e., if they have a balance from two years prior, it cannot be traded.
11. Employees with a minimum of five (5) years of continuous, full-time regular employment who terminate from the City, for other than service retirement, are eligible for a maximum payoff, at full salary, of 480.0 hours accumulated sick leave.
12. Employees who use 2 shifts (16.0 hours) or less of sick leave per fiscal year, shall be credited with 1 additional shift (8.0 hours) of Administrative Leave.
13. An employee may donate sick leave to another full-time benefitted employee on an hour-perhour basis. a. The employee requiring the sick leave donation must have exhausted all leave balances.
b. Employees donating sick leave must keep a minimum sick leave accrual balance of eighty (80.0) hours.
c. If an employee has less than 80.0 hours of sick leave accrual, that employee will not be eligible to donate sick leave.
d. All donors will remain confidential.
SECTION 9. ADMINISTRATIVE LEAVE
1. Bargaining unit employees shall receive 12 shifts (96.0 hours), annual administrative leave as of July 1st of each year during the term of this Agreement.
2. A new employee shall receive Administrative Leave on a pro-rated basis in a lump sum (26 pay periods+ 96.0 hours= 3.693 hours per pay period).
a. If an employee is in paid status for any portion of a pay period, s/he will be entitled to a full accrual.
b. For example, if an employee was hired during the 1oth pay period of the fiscal year, 67 Item 9.
12 they would be entitled to 62.781 hours of Administrative Leave (17 pay periods x 3.693 = 62.781).
3. In no event shall a bargaining unit employee accrue Administrative Leave beyond a ceiling of two (2) years' worth of accruals.
4. Bargaining unit employees may, each calendar year, sell back to the City up to a total of four weeks of accrued administrative leave or vacation leave on the condition that the employee maintains a balance of one-year accrual of administrative leave as defined in Section 7. a. Each employee may sell back no more than a total of four weeks (regardless of the combination of Administrative or Vacation Leave) during any calendar year. b. Employees who elect to sell back Administrative Leave must submit an irrevocable election form before December 31st in the preceding calendar year specifying the number of hours of Administrative Leave that he or she will irrevocably elect to cash out in the following calendar year.
c.The form will be automatically processed and paid by January 31st. of the following year. Employees who do not make an election, by submitting the irrevocable election form before December 31st of the current year, will not be able to sell back Administrative Leave benefits in the following calendar year. d. The City Administrator may approve an IRS qualifying exception for cases of extreme hardship. 1
SECTION 10. BEREAVEMI ENT LEAVE
1. In the event of a death of a bargaining unit employee's immediate family or other close relative (See City's Personnel Rules & Regulations for a list), an employee may be granted leave of absence with pay not to exceed five (5) working days. a. Time not worked because of such absence shall not adversely affect accrual of regularly assigned leave (e.g., vacation, sick leave, Administrative Leave, etc.) SECTION 11. TEN PERCENT DIFFERENTIAL
I
1. All bargaining unit employees, shall be placed at a base salary step which is at least at least 10% more than the base salary step of any employee they supervise.
SECTION 12. HOLIDAYS
1. Bargaining unit employees are entitled to the following paid holidays per year:
• January 1 - New Year's Day
• Third Monday in January - Martin Luther King Day
• Third Monday in February - President's Day
• Last Monday in May - Memorial Day
• June 19th - Juneteenth
I
68 Item 9.
13 • July 4 - Independence Day
• First Monday in September - Labor Day
• Second Monday in October - Columbus Day
• November 11 - Veterans' Day
• Thanksgiving Day & Friday following Thanksgiving Day
• Christmas Eve & Christmas Day
• Three (3) Floating Holidays to be taken at employee's option.
2. The City shall provide bargaining unit employees 128 hours annually in-lieu of Holiday or Float Pay.
3. The City's payment of these one hundred and twenty-eight (128) hours shall fully compensate employees for the above-referenced thirteen holidays and three floating holidays even if an employee is required to work on any of the above referenced holidays.
4. Any holiday not identified in this M.O.U. that is granted by the City Council to a 40.0 hour per week employee shall result in the City increasing the number of Holiday hours paid to bargaining unit employees by eight (8.0) hours for that fiscal year.
5. Additional days designated by the Congress of the United States or by the Governor of California as legal holidays which are observed by the City shall also result in additional Holiday hours provided to each employee for that fiscal year.
6. Any unused balance of the one hundred and twenty-eight (128) hours at the end of a fiscal year will be paid to the employee at the first full pay period in July of the following fiscal year.
7. Employees will accrue one hundred and twenty-eight (128) hours of Holiday Pay at 4.92 hours per pay period.
8. Use of the one hundred and twenty-eight (128) hours of Holiday Pay during a fiscal year will be deducted on an hour or hour basis.
SECTION 13. VACATION
1. Employees covered by this Agreement shall earn annual vacation equal to the highest negotiated MOU, which at the time of this agreement is as follows:
Vacation Accrual Schedule (Based on 8 Hours/Day)
Years of Service Days Accrued Accrual Rate
01 - 03 10 3.080
04- 10 15 4.620
11 - 15 20 6.150
16+ 25 7.690
• 15 days will be the accrual rate after the third full year of employment. • 20 days will be the accrual rate after the tenth full year of employment. 69 Item 9.
14 • 25 days will be the accrual rate after the fifteenth full year of employment.
Vacation accrual rate will be based on years of continuous service to the City or experience with another governmental agency when approved by the City Administrator.
2. In no event shall an employee accrue vacation beyond a ceiling of two (2) years of the employee’s then-current accrual rate, with the exception that under extenuating circumstances, the City Administrator can grant the employee written approval to remove the ceiling for a specific time period; said time period may be extended by the City Administrator.
3. An employee may each calendar year sell back to the City up to a total of four weeks of accrued vacation leaveor administrativeleave on the condition that the employee maintains a balance of one-year accrual of vacation leave as defined in Section 14. a. An employee may not sell back more than a total of four weeks (regardless of the combination of Administrative or Vacation Leave) during any calendar year.
4. Employees who elect to sell back vacation leave must submit an irrevocable election form before December 31st in the preceding calendar year specifying the number of hours of vacation leave that he/she will irrevocably elect to cash out in the following calendar year. a. The form will be automatically processed and paid by January 31st. Employees who do not make an election, by submitting the irrevocable election form before December 31st of the current year, will not be able to sell back vacation leave benefits in the following calendar year.
b. The City Administrator may approve an IRS qualifying exception for cases of extreme hardship.
SECTION 14. CALPERS
1. The City shall provide miscellaneous employee's pension benefits through the California Public Employees' Retirement System's ("CalPERS").
2. The employee's retirement benefit formula and required contributions under CalPERS will depend upon the employee's date of membership with CalPERS. a. Employees who became CalPERS members before January 1, 2013, and who are defined as "Classic Members" under the Public Employee Pension Reform Act ("PEPRA") will be enrolled in the following benefit formula: Two Point Seven Percent (2.7%) at FiftyFive (55) Plan for Miscellaneous Members. b. Employees who became members of CalPERS on or after January 1, 2013 and who are defined as "New Members" under PEPRA will be enrolled in the following benefit formula: Two Percent (2%) at Sixty-Two (62) for Miscellaneous Members.
3. PEPRA requires that all New Member employees pay a contribution rate of at least 50% of the total normal cost rate for their defined benefit plan. PEPRA also prohibits Employer Paid Member Contributions ("EPMC") for New Members. As such, all employees classified as New Members shall pay 100%of the employee share and the City shall pay 100% of the employer share of the pension contribution costs.
70 Item 9.
15 4. For employees classified as Classic Members, the employee shall likewise pay 100% of employee contribution costs.
5. All employees, whether Classic or New Members shall pay 100% of employee's contribution costs.
SECTION 15. REVIEW OF JOB DESCRIPTION
1. The City shall review the duties and responsibilities of the positions in classifications covered by this Agreement and re-write job descriptions as deemed appropriate by the City Administrator.
SECTION 16. WORKERS' COMPENSATION
1. Bargaining unit employees, with five (5) years' service, shall be allowed to borrow up to four (4) years of sick leave (96.0 hours x 4 years= 384.0 hours) to supplement Workers' Compensation payments. This would be after the employee has used his/her current sick leave balance.
2. Upon the employee returning to duty, repayment of sick leave will be paid back at an hour for hour exchange as the employee re-accrues sick leave.
a. If the employee terminates employment, including service retirement, said employee will be responsible for the repayment of the borrowed sick leave at his/her current rate of pay, at the time of separation from City service.
b. The amount of sick leave repayment still owed by the employee will be deducted from the final separation payroll check.
c. If there are no sufficient monies to cover the amount owed, the employee shall either immediately pay off any remaining unpaid amount or enter into an agreement with the City for such reimbursement.
d. In no event shall repayment exceed a period of six months.
3. If the employee is deemed permanently disabled, due to the work-related injury, any borrowed sick leave shall not be repaid.
4. If, after an employee returns from a workers' compensation leave, and has a credit in their sick leave balance, and then becomes ill, or requests family sick leave, and takes additional time off, such employee shall be allowed to take additional sick leave. a. However, in no event shall employee be allowed to exceed a 480.0-hour credit.
5. Once all leave balances have been expended, the City shall maintain the employee's current medical, dental, vision, life insurance, and long-term disability at no additional cost to the employee, beyond his/her regular contribution, during any Workers' Compensation leave.
SECTION 17. AUTO ALLOWANCE
1. It is declared to be the policy of the City that bargaining unit employees who are required to be subject to call-out, or call-back, or who are required to travel inside or outside the City 71 Item 9.
16 limits in performing their employment functions shall be furnished with the use of a City owned and maintained vehicle for such travel.
2. The Administrative Services Officer will receive a permanent parking pass for the first level of the Terzich Parking Structure.
SECTION 18. CELL PHONES
1. Bargaining unit employees will be paid a monthly stipend of One Hundred Dollars ($100.00) as a cellphone allowance, in lieu of being issued or using a City cellphone. Once this stipend is paid, it is the responsibility of the employee to maintain a cell phone available for business use.
SECTION 19. BENEFITS
1. It is agreed that bargaining unit employees shall be entitled to all benefits which are, or shall be, granted to employees under their jurisdiction, except where superseded by this Agreement.
2. If, during the term of this Agreement, the CITY grants employees in the SMEA bargaining unit an across-the- board increase or decrease to base salaries, COLAs, incentives, or other compensation or benefits; including but not limited to retirement or insurance benefit or contribution levels, or vacation/sick leave accruals as contained in the 2021-2025 SMEA MOU, employees covered by this Agreement shall receive a like-kind adjustment.
SECTION 20. WORK FURLOUGH
1. With a demonstration of a critical operating budget deficit, the City can implement a work furlough program, up to a 10% reduction in pay and a corresponding 10% reduction in time worked (hours).
2. With respect to pay, up to a 10% reduction shall be reflected bi-weekly, in each regular paycheck issued by the City.
3. Leave balances nor benefits will be affected by the reduction in hours.
4. Examples of a critical operating budget would include:
a. General Fund budget deficit reducing the General Fund Reserves to less than 20% of the General Fund budget for two or more years.
b. An economic slowdown that causes a five percent (5%) decrease in City General Fund revenues for two or more consecutive years, etc.
SECTION 21. FLEXIBLE WORK WEEK
1. Bargaining unit employees will have the option of working flexible work weeks as approved by the City Administrator.
SECTION 22. SAVING CLAUSE
1. If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained 72 Item 9.
17 by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) workday period.
SECTION 23. TERMINATION CLAUSE
1. Under the terms of this Agreement, bargaining unit employees to which this Memorandum of Understanding applies shall enjoy the same employment property rights afforded to City employees, who are afforded due process for termination and disciplinary actions.
SECTION 24. FULL AGREEMENT
1. This Agreement constitutes a full and complete agreement by the parties and contains all the matters upon which the parties’ reached agreement.
2. Any matter not contained in this MOU has not been agreed upon and, if raised in negotiations, was dropped by the party raising it as part of a good faith attempt to reach agreement.
3. All rights, powers, functions, responsibilities, and authority of the City of Sonora except those expressly abridged, deleted, delegated, granted, or modified by this Agreement shall remain vested with the City.
4. This Agreement constitutes the sole, entire and existing Agreement, and supersedes all prior MOU's and undertakings, oral and written, expressed or implied, or practices between parties, including any rights or privileges established through informal understandings, customs, or longestablished traditions.
5. Where this Agreement is silent, provisions of the adopted Personnel Rules and Regulations shall apply.
6. Except in cases of emergency, Association shall be given reasonable notice of any ordinance, resolution, rule or regulation - directly relating to matter within the scope of representation - proposed to be enacted by the City and shall be given the opportunity to meet with confidential bargaining unit representatives prior to enactment. [ Signature Page to Follow]
73 Item 9.
18 7. This Agreement shall be effective July 1st, 2022, through June 30 th
, 2025, as witnessed
hereto by the following parties:
SONORA CONFIDENTIAL EMPLOYEES’ ASSOCIATION
By: ________________________________ Date: _____________________ Tracy Skelly, SCEA President
CITY OF SONORA
By: _______________________________ Date: ______________________ Matt Hawkins, Mayor
By: _______________________________ Date: _______________________ Melissa Eads, City Administrator
ATTEST:
____________________________ Date:_________________________ City Clerk
74 Item 9.
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Tracy Skelly, Administrative Analyst
SUBJECT: Disbursements in the amount of $152,371.56 for payroll
RECOMMENDATION
Approval of disbursements in the amount of $152,371.56 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 1
st payroll of a month, which was an expected amount.
This payroll is the 27
th payroll of 27 for FY21-22, we would have expected to expend 93.10% of the budgeted amount. In total, we have expended 92.07% of the Salaries and Wages for the FY 21/22 budget.
FISCAL IMPACT
Disbursements are part of the approved FY21-22 Budget.
75 Item 10.
{CW114229.6} 1
CITY COUNCIL OF THE CITY OF SONORA
STAFF REPORT
MEETING DATE: July 5, 2022
TO: SONORA CITY COUNCIL
FROM: DOUGLAS L. WHITE, CITY ATTORNEY
SUBJECT: Ordinances regarding the Protection of Critical Infrastructure and Health and Hygiene of Camps
RECOMMENDATION:
1. Motion to waive reading of Urgency Ordinance No. 844, reading by title only, waiving further reading, and adoption of an Urgency Ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.61, Protection of Critical Infrastructure and Fire Severity Zone, of Title 9, Public Peace, Morals and Welfare.
2. Motion to waive reading of Urgency Ordinance No. 845, reading by title only, waiving further reading, and adoption of an Urgency Ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.62, Health and Hygiene, of Title 9, Public Peace, Morals and Welfare.
3. Waive reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.61, Protection of Critical Infrastructure and Fire Severity Zone, of Title 9, Public Peace, Morals and Welfare.
4. Waive reading, read by title only, and introduce for first reading an ordinance of the City Council of the City of Sonora Adding Sonora Municipal Code Chapter 9.62, Health and Hygiene, of Title 9, Public Peace, Morals and Welfare.
DISCUSSION:
The Critical Infrastructure Protection Ordinance and Health and Hygiene Ordinance.
There is a shelter crisis in the City of Sonora (the “City”) due to a significant number of persons without the ability to obtain shelter. As a result, there has been an increase in homeless encampments within the City. Encampments pose an immediate threat to public health, safety and welfare. Encampments attract illegal dumping, rodents, fire hazards and contamination.
Encampments around critical infrastructure pose a threat to City law enforcement, fire prevention, transportation and utility services due to risk of fire, contamination, blocked access or other causes that damage critical infrastructure. To protect public health, safety and welfare, the City must manage encampments to ensure healthy and hygienic communities. The City must also prevent camping and the use of camping paraphernalia near critical infrastructure. 76 Item 11.
{CW114229.6} 2
The critical infrastructure protection ordinance will address the threat to public health, safety and welfare posed by encampments near critical infrastructure (the “Critical Infrastructure Protection Ordinance”). The Critical Infrastructure Protection Ordinance will declare it a public nuisance for any person to camp, occupy camp facilities, use camp paraphernalia, or store personal property within twenty-five (25) feet of critical infrastructure, within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure, in portions of right-of-way that are required by law to be free of obstructions to first responders, and in areas designated as fire severity zones.
The Critical Infrastructure Protection Ordinance does not apply to camping on private property if authorized by the private property’s owner. Violations of the Critical Infrastructure Protection Ordinance will be subject to abatement after seventy-two (72) hours’ written notice. If conditions and violations are so severe that immediate action is required to prevent serious threat of harm, the City can pursue summary abatement without prior notice. Further, violations of the Critical Infrastructure Protection Ordinance will be subject to criminal, civil, and administrative penalties, in addition to any legally available remedies.
The health and hygiene ordinance will address the threat to public health, safety and welfare posed by encampments (the “Health and Hygiene Ordinance”). The Health and Hygiene Ordinance authorizes the Public Works Department to carry out clean and clear operations of camp sites to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.
The clean and clear operations require seventy-two (72) hours’ notice to affected occupants. Any property left at the campsite during the clean and clear operations will be considered abandoned and subject to disposal. Unabandoned and temporarily unattended items will be collected for safe storage and retrieval by occupants unless the items are not safe for storage. Any items not safe for storage will immediately be discarded. Further, permanent closure of a campsite can occur if an existing or expected natural disaster or environmental harm poses a threat to the health and safety of the camp’s occupants.
Compliance with Martin v. City of Boise.
Due to the Martin v. City of Boise (“Martin”) decision, ordinances that prohibit camping in public places are unenforceable against homeless individuals when there is no practical alternative shelter available.
1 Given the City’s current lack of open shelter beds, the City is unlikely able to enforce an ordinance prohibiting camping in public places.
Ordinances prohibiting camping in public places at particular times or in particular locations, however, are still enforceable.2 Accordingly, the Critical Infrastructure Protection Ordinance will likely survive a legal challenge under Martin since the Critical Infrastructure Protection Ordinance only prohibits camping within twenty-five (25) feet of critical infrastructure, in portions of rightof-way that are required by law to be free of obstruction to first responders, and areas designated as fire severity zones. Further, the Health and Hygiene Ordinance only authorizes permanent closure of an encampment site when there is an existing or expected natural disaster or environmental harm posed by a threat to the health and safety of a camp’s occupants.
Ordinances requiring the temporary vacating of an encampment in a public space on a regular basis for public health and safety purposes are also enforceable. 3 Accordingly, the Health and
Hygiene Ordinance will likely survive a legal challenge under Martin. The Health and Hygiene Ordinance provides for “clean and clear” operations to protect public health and safety.
1 Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 618. 2 Id. at 616-17.
3 Shipp v. Schaaf (N.D. Cal. 2019) 379 F.Supp.3d 1033, 1037 (“Shipp”). 77 Item 11.
{CW114229.6} 3
Collecting Personal Property Located within Encampments.
When the City abates encampments by collecting personal property of the encampment’s occupants, the United States Constitution’s due process clause requires that the City take reasonable steps to give notice to the property owner.
4 Further, the City must provide owners of
taken property the opportunity to retrieve their property. 5 Both the Critical Infrastructure
Protection Ordinance and the Health and Hygiene Ordinance comply with the United States Constitution’s due process clause by providing encampment occupants seventy-two (72) hours’ written notice prior to abatement and clean and clear operations. 6 The Critical Infrastructure
Ordinance only authorizes summary abatement in the limited circumstance where conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.
Further, when the City abates pursuant to both the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance, the City will store taken unabandoned and temporarily unattended property for at least ninety (90) days for retrieval by property owners, unless such property is not safe for storage.
7 Adoption as an Urgency Ordinance
Due to immediate threat to public health, safety and welfare of camping and using camping paraphernalia near critical infrastructure, and encampments, the City Council may adopt both the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance as urgency ordinances.
8 As an urgency ordinance, both the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance will take effect immediately.9 To adopt the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance as urgency ordinances, the City Council must adopt each ordinance by a four-fifths (4/5) vote of the City Council. 10 It is recommended that the City Council also adopt both the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance through the regular process. Should a court determine that camping and using camping paraphernalia near critical infrastructure and encampments do not pose an immediate threat to public health, safety and welfare, the City will have the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance in place. At this meeting, the City Council will consider introduction of the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance for first reading.11 If introduction is approved, the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance will return for final adoption at a regular meeting of the City Council.12 Only a majority vote of the City Council is required to adopt the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance through the regular process. 13 The Critical Infrastructure Protection
Ordinance and the Health and Hygiene Ordinance will take effect thirty (30) days after adoption as non-urgency ordinances.
14 4 Lavan v. City of Los Angeles (9th Cir. 2012) 693 F.3d 1022, 1032. 5 Ibid.
6 See Shipp, supra, at 379 F.Supp.3d at p. 1038.
7 See ibid.
8 See Gov. Code, § 36937, subd. (b).
9 Ibid.
10 Ibid.
11 Gov. Code, § 36934.
12 Ibid.
13 Gov. Code, § 36936.
14 Gov. Code, § 36937.
78 Item 11.
{CW114229.6} 4
FISCAL IMPACT:
The City will bear the cost of enforcing the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance. The Critical Infrastructure Protection Ordinance authorizes the City to recover the cost of abating camping and use of camping paraphernalia near critical infrastructure. Practically, however, the recovery of abatement cost can be difficult.
ENVIRONMENTAL:
The Ordinance is not a “project” under the California Environmental Quality Control Act.15 OPTIONS:
1. Adopt the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance as an urgency ordinance; and introduce the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance for first reading;
2. Continue the item for later consideration of the City Council with direction to City staff for additional analysis; or
3. Reject the proposed the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance.
ATTACHMENTS
The Critical Infrastructure Protection Urgency Ordinance The Health and Hygiene Urgency Ordinance
The Critical Infrastructure Protection Ordinance (Non-Urgency) The Health and Hygiene Ordinance (Non-Urgency)
15 Pub. Resources Code, § 21065.
79 Item 11.
{CW113846.7}
ORDINANCE NO. 844
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA, ADDING SONORA MUNICIPAL CODE CHAPTER 9.61, PROTECTION OF CRITICAL INFRASTRUCTURE AND FIRE SEVERITY ZONE, OF TITLE 9, PUBLIC PEACE, MORALS, AND WELFARE.
WHEREAS, camping and use of camping paraphernalia near critical infrastructure poses an immediate threat to public health, safety and welfare due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal; and
WHEREAS, destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and WHEREAS, the perpetual accumulation of debris creates a health and fire risk; and WHEREAS, destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure; and
WHEREAS, the City of Sonora (the “City”), pursuant to the police powers delegated to it by the State Constitution, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and
WHEREAS, pursuant to California Government Code section 36937, the City may adopt an urgency ordinance if it is for the immediate preservation of the public peace, health or safety.
The City Council of the City of Sonora does ordain as follows:
SECTION 1. Amendment. Chapter 9.61, Protection of Critical Infrastructure and Fire Severity Zone shall be added to Title 9, Public Peace, Morals and Welfare of the Sonora Municipal Code as follows:
9.61.010 Findings and purpose.
The city council finds as follows: (1) an immediate threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities, including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, blocked access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
80 Item 11.
{CW113846.7}
9.61.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
A. " Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, mobile homes, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
B. " Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
C. " Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
D. "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Administrator designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; schools; wastewater facilities, structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas or propane pipes, telecommunication centers, or water sources.
E. "Facility" means a building, structure, equipment, system, or asset.
F. "Fire prevention official" means the Fire Chief, or designee.
G. " Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of, foodstuffs.
H. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
I. "Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
J. " Refuse” includes garbage and rubbish.
K. "Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites.
L. "Fire Severity Zone" California law requires CAL FIRE to identify areas based on the severity of the fire danger expected to prevail there. These zones or "zones" are based on factors such as 81 Item 11.
{CW113846.7}
fuel, slope, and fire weather. There are three zones according to the increased fire hazard: medium, high and very high.
9.61.030 Relation to Other Laws.
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Sonora Municipal Code or as otherwise permitted under law.
9.61.040 Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1 . Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:
1. Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to the period that the owner has given their consent. All overnight camping on private residential property within the City is subject to applicable building and fire codes under the Sonora Municipal Code and prohibitions on the use of trailers and mobile homes as set forth in Title 17 of the Sonora Municipal Code.
82 Item 11.
{CW113846.7}
D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by Title 17 or other laws, ordinances, and regulations.
9.61.050 Abatement.
A. Any violation of Section 9.60.040 may result in abatement of an occupant’s personal property after providing them with no less than seventy-two (72) hour written notice that the occupant’s camp, camp paraphernalia, or camp facility is located in or on a designated Critical Infrastructure or a Fire Severity Zone.
B. Summary abatement without prior notice is warranted when conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.
C. Abatement pursuant to subsections A or B may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the Sonora Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.
E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Section 1.08.090.
9.61.060 Interference.
In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
9.61.070 Violation—Penalty.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal, civil, and administrative penalties pursuant to Chapters 1.08 and
1.20. B. Violations of this chapter are hereby declared to be a public nuisance. 83 Item 11.
{CW113846.7}
C. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
Section 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.
Section 3. Urgency Finding. The City hereby finds, determines and declares that this ordinance is necessary to the immediate preservation of the public peace, health or safety, due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal. Therefore, the City further finds, determines and declares that this ordinance takes effect immediately upon adoption pursuant to the authority conferred upon the City Council by California Government Code section 36937.
The foregoing ordinance was introduced, adopted, approved and ordered published in full by a four-fifths vote at a meeting of the City Council of the City of Sonora held on the XX day of XX 2022, and said ordinance was thereupon adopted by the following roll call vote.
AYES:
NOES:
EXCUSED:
ABSTAIN:
ATTEST: APPROVED:
Tracy L. Skelly,
City Clerk
Matt Hawkins,
Mayor
84 Item 11.
{CW113845.7}
ORDINANCE NO. 845
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA, ADDING SONORA MUNICIPAL CODE CHAPTER 9.62, HEALTH AND HYGIENE, OF TITLE 9, PUBLIC PEACE, MORALS AND WELFARE.
WHEREAS, a shelter crisis exist due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and
WHEREAS, the perpetual accumulation of debris creates a health and fire risk; and WHEREAS, the shelter crisis is an immediate threat to the health, safety and welfare of the public, including encampment occupants; and
WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities; and
WHEREAS, the City of Sonora (the “City”), pursuant to the police powers delegated to it by the State Constitution, has the authority to enact laws that promote the public health, safety, and general welfare of its residents; and
WHEREAS, pursuant to California Government Code section 36937, the City may adopt an urgency ordinance if it is for the immediate preservation of the public peace, health or safety.
The City Council of the City of Sonora does ordain as follows:
SECTION 1. Amendment. Chapter 9.62, Health and Hygiene, shall be added to Title 9, Public Peace, Morals and Welfare of the Sonora Municipal Code as follows:
9.62.010 Findings and purpose.
The city council finds as follows: (1) a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; (2) homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; (3) the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; (4) until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.
The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing the Public Works Department, or City authorized agent, to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health and safety.
9.62.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
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A. “Abandoned” shall mean any property that based on words, act or other objective indications, it is reasonable to conclude that a person has relinquished ownership of the property.
B. “Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
E. “Clean and Clear” means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.
F. “Environmental” means relating to the natural or artificial conditions of the environment of the area of concern.
G. “Fire Hazard” has the same meaning as in Section 14.01.170.
H. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
I. “Illegal Dumping” has the same meaning as in Section 8.16.040.
J. “Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
K. “Natural Disaster” includes floods, earthquakes, wildfires, and other serious environmental events that create emergencies that endanger the safety of the city’s population.
L. "Refuse” includes garbage and rubbish.
M. “Routine” means occurring repeatedly on a weekly, monthly, or annual basis at any interval (bi-weekly, bi-monthly, etc.)
N. "Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial 86 Item 11.
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appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites.
9.62.030 Relation to Other Laws
Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Sonora Municipal Code or as otherwise permitted under law.
9.62.040 Abatement
A. The Public Works Department is authorized to carry out both one-time or routine Clean and Clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.
B. Clean and Clear operations require that affected occupants receive notice of the action at least seventy-two (72) hours prior to its scheduled time, in accordance with Sonora’s Encampment Management Policy.
C. Any property left at the campsite during the Clean and Clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that a safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety (90) days.
D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses and immediate threat to public health and safety may also be discarded.
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants. Permanent closure entails the same requirements of this Section, unless an emergency makes notice and logging personal property infeasible.
9.62.50 Interference.
In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. 87 Item 11.
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Section 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.
Section 3. Urgency Finding. The City hereby finds, determines and declares that this ordinance is necessary to the immediate preservation of the public peace, health or safety, due to the illegal dumping, rodents, fire hazards, and contamination caused the shelter crisis. Until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities. Therefore, the City further finds, determines and declares that this ordinance takes effect immediately upon adoption pursuant to the authority conferred upon the City Council by California Government Code section 36937.
The foregoing ordinance was introduced, adopted, approved and ordered published in full by a four-fifths vote at a meeting of the City Council of the City of Sonora held on the XX day of XX 2022, and said ordinance was thereupon adopted by the following roll call vote.
AYES:
NOES:
EXCUSED:
ABSTAIN:
ATTEST: APPROVED:
Tracy L. Skelly,
City Clerk
Matt Hawkins,
Mayor
88 Item 11.
{CW114248.5}
ORDINANCE NO. ####
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA, ADDING SONORA MUNICIPAL CODE CHAPTER 9.61, PROTECTION OF CRITICAL INFRASTRUCTURE AND FIRE SEVERITY ZONE, OF TITLE TITLE 9, PUBLIC PEACE, MORALS, AND WELFARE.
WHEREAS, camping and use of camping paraphernalia near critical infrastructure poses an immediate threat to public health, safety and welfare due to potential destruction of, damage to, and interference with infrastructure critical to the provision of public services, such as law enforcement, fire prevention, transportation, and utilities, including communication, water and waste disposal; and
WHEREAS, destruction of, damage to, or interference with critical infrastructure is caused by fire, contamination, blocked access, or other causes; and WHEREAS, the perpetual accumulation of debris creates a health and fire risk; and WHEREAS, destruction of, damage to, or interference with critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The City Council of the City of Sonora does ordain as follows:
SECTION 1. Amendment. Chapter 9.61, Protection of Critical Infrastructure and Fire Severity Zones shall be added to Title 9, Public Peace, Morals and Welfare of the Sonora Municipal Code as follows:
9.61.010 Findings and purpose.
The city council finds as follows: (1) an immediate threat to the public health, safety, and welfare is the potential destruction of, damage to, or interference with, infrastructure that is critical to the provision of public services such as law enforcement, fire prevention, transportation, and utilities, including communication, water, and waste disposal; (2) destruction of, damage to, or interference with, critical infrastructure is caused by fire, contamination, blocked access, or other causes; and (3) destruction of, damage to, or interference with, critical infrastructure is often caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter is to mitigate the threat of fire and other potential causes of destruction and damage to and interference with critical infrastructure to protect the health, safety, and welfare of the public, by authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
9.61.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
A. " Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, 89 Item 11.
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house trailers, mobile homes, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
B. " Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
C. " Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
D. "Critical infrastructure" means real property or a facility, whether privately or publicly owned, that the City Administrator designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical infrastructure may include, but is not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; schools; wastewater facilities; structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas or propane pipes, telecommunication centers, or water sources.
E. "Facility" means a building, structure, equipment, system, or asset.
F. "Fire prevention official" means the Fire Chief, or designee.
G. " Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of, foodstuffs.
H. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
I. "Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
J. " Refuse” includes garbage and rubbish.
K. "Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites.
L. " Fire Severity Zones" California law requires CAL FIRE to identify areas based on the severity of the fire danger expected to prevail there. These zones or "zones" are based on factors such as fuel, slope, and fire weather. There are three zones according to the increased fire hazard:
medium, high and very high.
9.61.030 Relation to Other Laws.
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Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Sonora Municipal Code or as otherwise permitted under law.
9.61.040 Prohibited activities.
A. It is unlawful and a public nuisance for any person to camp, occupy camp facilities, or use camp paraphernalia at the following locations:
1 . Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
B. It is unlawful and a public nuisance for any person to store personal property, including camp facilities and camp paraphernalia, in the following locations without the written consent of the owner, except as otherwise provided by resolution of the city council:
1. Critical infrastructure;
2. Within twenty-five feet of critical infrastructure;
3. Within twenty-five feet of a vehicular or pedestrian entrance or exit of critical infrastructure;
4. On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies; or
5. Areas designated as a Fire Severity Zone.
C. It is not intended by this section to prohibit overnight camping on private residential property by friends or family of the property owner, so long as the owner consents and the overnight camping is limited to the period that the owner has given their consent. All overnight camping on private residential property within the City is subject to applicable building and fire codes under the Sonora Municipal Code and prohibitions on the use of trailers and mobile homes as set forth in Title 17 of the Sonora Municipal Code.
D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other 91 Item 11.
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lawful user if such activities are expressly authorized by Title 17 or other laws, ordinances, and regulations.
9.61.050 Abatement.
A. Any violation of Section 9.60.040 may result in abatement of an occupant’s personal property after providing them with no less than seventy-two (72) hour written notice that the occupant’s camp, camp paraphernalia, or camp facility is located in or on a designated Critical Infrastructure or a Fire Severity Zone.
B. Summary abatement without prior notice is warranted when conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.
C. Abatement pursuant to subsections A or B may include, but is not limited to, removal of camp facilities, camp paraphernalia, personal property, garbage, hazardous waste, infectious waste, junk, or refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
D. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the Sonora Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.
E. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Section 1.08.090.
9.61.060 Interference.
In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
9.61.070 Violation—Penalty.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal, civil, and administrative penalties pursuant to Chapters 1.08 and
1.20. B. Violations of this chapter are hereby declared to be a public nuisance.
C. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
Section 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent 92 Item 11.
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jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.
Section 3. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.
This Ordinance was introduced at a regular meeting of the City Council held on the ____ of ________, 2022, and passed and adopted as Ordinance No. ___ at a regular meeting of City Council held on the ___ of ____, 2022 by the following vote:
AYES:
NOES:
EXCUSED:
ABSTAIN:
ATTEST: APPROVED:
Tracy L. Skelly,
City Clerk
Matt Hawkins,
Mayor
93 Item 11.
{CW114255.5}
ORDINANCE NO. ####
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA, ADDING SONORA MUNICIPAL CODE CHAPTER 9.62, HEALTH AND HYGIENE, OF TITLE 9, PUBLIC PEACE, MORALS AND WELFARE.
WHEREAS, a shelter crisis exist due to a significant number of persons without the ability to obtain shelter; and
WHEREAS, homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; and
WHEREAS, the perpetual accumulation of debris creates a health and fire risk; and WHEREAS, the shelter crisis is an immediate threat to the health, safety and welfare of the public, including encampment occupants; and
WHEREAS, until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.
The City Council of the City of Sonora does ordain as follows:
SECTION 1. Amendment. Chapter 9.62, Health and Hygiene, shall be added to Title 9, Public Peace, Morals and Welfare of the Sonora Municipal Code as follows:
9.62.010 Findings and purpose.
The city council finds as follows: (1) a shelter crisis exists due to a significant number of persons without the ability to obtain shelter; (2) homeless encampments attract illegal dumping, rodents, fire hazards, and contamination of the surrounding area; (3) the shelter crisis is an immediate threat to the health, safety, and welfare of the public, including encampment occupants; (4) until more shelter becomes available, managing encampments is necessary to maintain healthy and hygienic communities.
The purpose of this chapter is to alleviate the hazardous conditions of encampments by authorizing the Public Works Department, or City authorized agent, to conduct temporary clean and clear operations and permanent encampment closures as necessary to protect the public welfare, health and safety.
9.62.020 Definitions.
When used in this chapter, the following words and phrases have the following meanings:
A. “Abandoned” shall mean any property that based on words, act or other objective indications, it is reasonable to conclude that a person has relinquished ownership of the property.
B. “Camp” and “camping” mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, 94 Item 11.
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ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
C. “Camp facilities” include, but are not limited to, tents, huts, or temporary shelters.
D. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
E. “Clean and Clear” means the temporary closure of an encampment to all occupants to remove hazardous materials, refuse, or other types of waste.
F. “Environmental” means relating to the natural or artificial conditions of the environment of the area of concern.
G. “Fire Hazard” has the same meaning as in Section 14.01.170.
H. "Hazardous waste" has the same meaning as in California Public Resources Code Section 40141.
I. “Illegal Dumping” has the same meaning as in Section 8.16.040.
J. “Infectious waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
K. “Natural Disaster” includes floods, earthquakes, wildfires, and other serious environmental events that create emergencies that endanger the safety of the city’s population.
L. "Refuse” includes garbage and rubbish.
M. “Routine” means occurring repeatedly on a weekly, monthly, or annual basis at any interval (bi-weekly, bi-monthly, etc.)
N. "Solid waste or wastes” includes all putrescible and non-putrescible solid and semisolid wastes, such as refuse, garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites.
9.62.030 Relation to Other Laws
95 Item 11.
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Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the Sonora Municipal Code or as otherwise permitted under law.
9.62.040 Abatement
A. The Public Works Department is authorized to carry out both one-time or routine Clean and Clear operations at camping locations to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste.
B. Clean and Clear operations require that affected occupants receive notice of the action at least seventy-two (72) hours prior to its scheduled time, in accordance with Sonora’s Encampment Management Policy.
C. Any property left at the campsite during the Clean and Clear operation shall be considered abandoned and subject to disposal. City officials will collect and log any unabandoned and temporarily unattended items that a safe for storage for retrieval by occupants after the operation ends. The city shall secure any collected belongings for no less than ninety (90) days.
D. Any items that are not safe for storage, including but not limited to food, food wrappers, soiled items, or items used for personal hygiene (not including medication), may be immediately discarded. Additionally, property that is hazardous or poses and immediate threat to public health and safety may also be discarded.
E. Permanent closure of a campsite is warranted where an existing or expected natural disaster or environmental harm poses a threat to the health and safety of a camp’s occupants. Permanent closure entails the same requirements of this Section, unless an emergency makes notice and logging personal property infeasible.
9.62.050 Interference.
In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
Section 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.
Section 3. Effective Date and Publication. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of 96 Item 11.
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general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.
This Ordinance was introduced at a regular meeting of the City Council held on the ____ of ________, 2022, and passed and adopted as Ordinance No. ___ at a regular meeting of City Council held on the ___ of ____, 2022 by the following vote:
AYES:
NOES:
EXCUSED:
ABSTAIN:
ATTEST: APPROVED:
Tracy L. Skelly,
City Clerk
Matt Hawkins,
Mayor
97 Item 11.
{CW114102.8} 1
CITY COUNCIL OF THE CITY OF SONORA
STAFF REPORT
MEETING DATE: JULY 5, 2022
TO: SONORA CITY COUNCIL
FROM: DOUGLAS L. WHITE, CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
ESTABLISHING AN ENCAMPMENT MANAGEMENT POLICY FOR
THE CITY OF SONORA ADDRESSING PUBLIC HEALTH AND
SAFETY CONCERNS AND VULNERABILITIES TO CRITICAL
INFRASTRUCTURE CAUSED BY THE GROWING HOMELESSNESS
CRISIS IN SONORA
______________________________________________________________________________ RECOMMENDATION:
Consider and adopt a resolution establishing an Encampment Management Policy for the City of Sonora addressing public health and safety concerns and vulnerabilities to critical infrastructure caused by the growing homelessness crisis in Sonora.
BACKGROUND:
The City of Sonora (the “City”) has adopted two (2) ordinances to address the public health and safety concerns and vulnerabilities to critical infrastructure caused by the City’s growing homelessness crisis. The City has adopted an ordinance that prohibits any person to camp, occupy camp facilities, use camp paraphernalia, or store personal property within twenty-five (25) feet of critical infrastructure; within twenty-five (25) feet of a vehicular or pedestrian entrance or exit of critical infrastructure; in portions of right of way that are required by law to be free of obstruction to first responders; and in areas designated as fire severity zones (the “Critical Infrastructure Ordinance”). Violations of the Critical Infrastructure Protection Ordinance will be subject to abatement after seventy-two (72) hours’ written notice. If conditions and violations are so severe that immediate action is required to prevent a serious threat of harm, the City can pursue summary abatement without prior notice.
The City has also adopted an ordinance that authorizes the Public Works Department to carry out clean and clear operations of camp sites to prevent the buildup of hazardous waste, illegal dumping, infectious waste, refuse, or solid waste (the “Health and Hygiene Ordinance”). The clean and clear operations require seventy-two (72) hours’ notice to affected occupants. Any property left at the campsite during the clean and clear operations will be considered abandoned and subject to disposal. Unabandoned and temporarily unattended items will be collected for safe storage and retrieval by occupants unless the items are not safe for storage. Any items not safe for storage will immediately be discarded. Further, permanent closure of a campsite can occur if an existing or expected natural disaster or environmental harm poses a threat to the health and safety of the camp’s occupants.
98 Item 12.
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DISCUSSION:
The resolution will adopt a notice and referral policy to enforce the Critical Infrastructure Ordinance and Health and Hygiene Ordinance (the “Resolution”). The notice and referral policy aims to prevent homelessness in the City by providing unsheltered individuals information regarding accessible services and the rights they process. As part of the notice and referral policy, the City will provide occupants of an encampment with at least 72 hours’ written notice before taking any non-emergency action. The City will also provide occupants with timely information as to local homeless services and shelters. Additionally, the City will provide occupants with ways to be heard before the City’s action proceeds as planned. The policy provides that the City will not prevent occupants from retrieving their belongings before vacating the encampment site nor will the City confiscate an occupant’s belongings if the occupant is present, absent a reasonable belief that the belongings are an immediate threat to public health and safety or are evidence of a crime or contraband. After taking action regarding the encampment, the City will itemize and collect any unabandoned and temporarily unattended belongings and post notices of items taken and information regarding how to retrieve the items taken. The notice will also provide information regarding how to request a post-abatement hearing if necessary for any occupant who believes that City action caused them undue hardship.
In an emergency where conditions are so severe that immediate action is required, the Critical Infrastructure Ordinance authorizes summary abatement without prior notice. The Resolution adopts a policy for situations where the City exercises its summary abatement powers. Under the policy, whenever the City exercises its summary abatement powers, it must provide the occupants with a post-abatement hearing to contest the validity of the summary abatement. The policy requires the City to collect all evidence necessary to prove that an emergency exists before summarily abating. The City will store all collected unabandoned and temporarily unattended personal property items for retrieval by its property owner. When an emergency exists, the City will provide some form of notice and referral if feasible.
The Resolution also adopts a policy for designation of critical infrastructure. Under the policy, the City Administrator will designate certain property as critical infrastructure based on whether certain infrastructure is so vital and integral to the operation or functioning of the City or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. The City will provide notice prior to designating certain infrastructure as critical infrastructure. In an emergency, the City Administrator may make a temporary designation without prior notice.
Last, the Resolution adopts a policy for designation of Fire Severity Zones. California law requires CAL FIRE to identify areas based on the severity of the fire danger expected to prevail there.
These zones or "zones" are based on factors such as fuel, slope, and fire weather. There are three zones according to the increased fire hazard: medium, high and very high. The City will provide notice of areas designated as a Fire Severity Zone by posting notice around the protected area.
FISCAL IMPACT:
The City will bear the cost of enforcing the Critical Infrastructure Protection Ordinance and the Health and Hygiene Ordinance. The Critical Infrastructure Protection Ordinance authorizes the 99 Item 12.
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City to recover the cost of abating camping and use of camping paraphernalia near critical infrastructure. Practically, however, the recovery of abatement costs can be difficult.
OPTIONS:
1. Adopt the Resolution.
2. The City Council may continue the item and request additional information and analysis from staff; or
3. Reject the Resolution.
ATTACHMENTS:
Resolution
Encampment Management Policy
100
Item 12.
{CW113842.7}
Encampment Management Policy
City of Sonora
I. Introduction
The City Council for the City of Sonora (the “City”) has adopted Ordinance No. _____ and No. _____ which, among other things, address public health and safety concerns and vulnerabilities to critical infrastructure caused by the growing homelessness crisis in Sonora. To enforce the new ordinances, the City Council is implementing a policy of notice and referral that aims to prevent homelessness in Sonora by providing unsheltered individuals more information as to accessible services and the rights they possess. Described in further detail below, this approach is intended to provide City staff with guidance and tools to carry out the encampment management policy in a manner consistent with the City’s Municipal Code.
The notice and referral policy involves two cooperative actions:
1. Notice: Provide the encampment with at least 72-hour notice before taking any non-emergency action that might interfere with their property.
2. Referral: Provide individuals with timely information as to local homeless services and shelters. Additionally, provide them with ways to be heard before the City’s action proceeds as planned.
Affordable housing development strategies are not addressed in this particular policy; however, it is important to acknowledge that the strategies outlined in this policy fall within a broader framework to ultimately encourage unsheltered individuals and families to transition from homelessness to permanent housing.
II. Noticing
The notice and referral policy is continuous throughout the encampment management process.
The following section explains how the policy changes during the various stages of intervention.
A. Pre-Intervention
In non-emergency interventions under either Ordinance No. ______ or No. ______ the City should provide at minimum 72-hour notice that City officials plan to take action in the encampment at a specified time and location. The 72-hour notice will be provided in writing, posted around the site in multiple languages, and, as feasible, verbally to those encamped in the targeted area. The written notice shall include the purpose of the action taken, authority to do so, and information for appealing the decision to take the relevant action in the camp before it occurs.
On the day of the intervention but prior to its scheduled commencement, designated officers, as authorized by the City Administrator, shall notify the area occupants that the relevant department 101
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action is occurring at the scheduled time and provide information as to relevant community services that are accessible to the occupants. Unless the Sonora Police Department is the city department responsible for undertaking the action, law enforcement officials should provide support to the designated City official or officials during any pre-intervention interactions with individuals in encampments. Generally, the role of the Sonora Police Department is to accompany other city officials in the action to ensure that it is done safely and correctly according to this policy.
B. Post-Intervention
Notice of items taken during any scheduled intervention event and information on how to retrieve those items shall be posted in the same locations that the pre-intervention notices were placed.
The notice shall include relevant information for retrieving collected items, accessible community services, and also how to request a post-abatement hearing if necessary for any occupant who believes that the intervention caused them undue hardship. The post-intervention notice shall remain posted for no less than seven (7) days after the intervention.
The following sections explain in further detail the procedure for which the Sonora City Council has adopted for enforcing its new ordinances.
III. Designation of Encampment Sensitivity Areas
Ordinance No. _____ serves to protect the City of Sonora from the threats to public health and safety that are caused by fire hazards and interference with Sonora’s critical infrastructure. The following subsections outline the process for the designation of critical infrastructure consistent with Ordinance No. ______.
A. Critical Infrastructure
The City Administrator may designate, in consideration of their professional experience and expertise, real property or a facility, whether privately or publicly owned, as “Critical Infrastructure” according to the following criteria: being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Examples of Critical Infrastructure include, but are not limited to, government buildings, such as fire stations, police stations, jails, or courthouses; hospitals; schools; wastewater facilities; structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, or levees; or systems, such as computer networks, public utilities, electrical wires, natural gas or propane pipes, telecommunication centers, or water sources.
To designate Critical Infrastructure, the City Administrator shall provide public notice before the designation takes effect. Notice shall include a description of the area to be protected, the reason 102
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for the designation according to the criteria above in light of their experience and expertise, and the opportunity for the public to be heard before the designation takes effect. Designation may be precautionary and need not depend on the presence of unauthorized activities at the time of designation.
If presented with an imminent and severe threat to public health and safety by activity in or on Critical Infrastructure not yet designated as such, the City Administrator may make a temporary emergency designation that takes effect immediately without prior public notice. In the event of an emergency designation of Critical Infrastructure, notice shall still be posted including all of the information described above in addition to the length of time that the emergency designation shall be in effect.
B. Fire Severity Zones
The Board of Forestry designates Fire Severity Zones. The fire hazard severity zone map was developed using a scientifically and field-tested model that assigns hazard scores based on factors that influence fire likelihood and fire behavior. Many factors were considered, such as fire history, existing and potential fuel (natural vegetation), predicted flame length, embers, topography and typical fire weather in the area. There are three levels of hazard in the National Area of Responsibility: Moderate, High and Very High. The notice of an area’s designation as a Fire Severity Zone shall be posted contemporaneously with its designation and remain posted for the duration of its protection. The notice shall include a description of the protected area, and the types of activities made prohibited.
IV. Types of Interventions
The City will not cite or arrest any individual solely for camping, or otherwise for the state of being homeless, and will make reasonable efforts to allow and, where feasible, assist the encamped individual with gaining compliance with the encampment standards outlined in this policy.
A. Non-Emergency Interventions
Upon designation of Critical Infrastructure and Fire Severity Zones taking effect, encampment closure, in the absence of an emergency, under Ordinance No. _____ is considered a nonemergency intervention that requires abiding by the notice and referral protocol. Temporary and permanent closure under Ordinance No. ______ is also considered a non-emergency intervention that must abide by the same notice and referral protocol included below:
Notice to vacate that includes the area’s designation as Critical Infrastructure, a Fire Severity Zone, or an encampment requiring temporary or permanent closure for public 103
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health purposes shall be posted in multiple visible locations at the area at least 72 hours prior to its closure.
City personnel shall not prevent occupants from retrieving their belongings before vacating the encampment site. In the event of temporary closure under Ordinance No. _______ City personnel shall not prevent occupants from returning to the encampment site after the health & hygiene intervention concludes.
City personnel shall not confiscate or remove belongings from the site when the occupant is present, absent a reasonable belief that the belongings are an immediate threat to public health and safety or are evidence of a crime or contraband. Belongings that are considered to be clearly trash or are unsafe for storage, such as food or food wrappers, soiled items, or used personal hygiene items, not including medication, may be immediately discarded if left behind by an occupant.
City personnel shall itemize unabandoned and temporarily unattended belongings collected and include the location, date, and time of collection on an itemization form.
City personnel is not required to collect or itemize abandoned items. For purposes of this encampment management policy, unabandoned and temporarily unattended and belongings are those where City personnel may reasonably conclude that an individual desires to continue ownership of property. For example, is the property organized and packed in a manner that indicates ownership or the desire of an individual to collect the item. Additionally, are the items food, blankets, clothing, identification documents, or other items of value; how are the items placed or kept; were the items left in the care of another person; and how long the property has been left unattended.
City personnel may inquire individuals nearby whether they can identify the owner of the property or whether they have any knowledge about the property owner’s intentions concerning the property.
For purposes of this encampment management policy, abandoned items are generally those which staff reasonably believe to be abandoned based on the totality of the circumstances. Abandonment is primarily a question of objective intent, but there is no definitive set of criteria for determining whether property is abandoned or unattended.
Abandonment depends on whether “through words, act or other objective indications, a person has relinquished a reasonable expectation of privacy in the property at the time of the search or seizure.” For example, the longer items are left unattended the more likely they are abandoned.
A notice of collected property shall be posted where the original notice to vacate was previously posted and will contain the relevant city department’s contact information for retrieving items from storage. An appointment may be required for individuals to retrieve their belongings.
Items collected during non-emergency interventions will be stored safely for at least ninety (90) days.
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B. Emergency Intervention
Public safety emergencies requiring a fire, medical or police response should be immediately reported to 911, and those departments shall respond according to the ordinances, codes, statutes, or regulations under which they operate and are authorized to enforce. The status of being unsheltered does not alter the applicability of generally enforced state codes and local ordinances.
For example, Municipal Code Section 8.32 prohibits open burning in public and private areas.
Violation of the prohibition on unlawful open burning is not subject to the same notice and referral protocol described in this policy. Unsheltered individuals are not immune based on their status to criminal prosecution for conduct in violation of such ordinances.
Summary emergency abatement may be necessary in certain circumstances. For instance, among other possibilities, in the event of an emergency designation of Critical Infrastructure by the City Administrator, or serious violations that pose an imminent risk of harm, summary abatement can be utilized. A summary abatement situation exists when conditions are so severe that immediate action is required. Such a scenario could occur with a sewage leak, structural damage caused by a fire, a flood or other natural disaster, but it could also occur when conditions exist that pose a high risk of harm to persons, including curious children. Whenever a city exercises its summary abatement powers, it must provide the party responsible for the nuisance with a post-abatement hearing to contest the validity of the summary abatement. Consequently, as a practical matter, the City must collect all evidence that will be necessary to prove its case before summarily abating a nuisance. Following the requirement to collect all evidence and provide for a post-abatement hearing, the relevant City department shall also store all collected unabandoned and temporarily unattended personal property items for ninety (90) days.
In the event of a summary abatement, the City will still make efforts to provide some form of notice and referral, such as contacting community social services for outreach workers to accompany city officials to the site and share information verbally or in writing, if such notice is feasible. For certain public health or public safety interventions, like fires, the City may be unable to provide prior notice due to the nature of the emergency.
V. Referral to Services and City Officials
Included below is the contact information for some community services for unsheltered individuals. This information, in addition to contact information for every relevant department participating in the management of encampments should be included in the notices given to occupants.
Amador Tuolumne Community Action Agency (Sonora Office) 105
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o 427 N. highway 49, Suite 305, Sonora, CA 95370
o Sonora Office #: 209-533-1397
o Homeless Shelter #: 209-694-8698
Center for a Nonviolent Community
o 542 W. Stockton St., Sonora, CA 95370
o Main Office #: 209-588-9305
o Crisis Line #: 209-533-3401
Lambert Community Center
o 347 W. Jackson St., Sonora, CA 95370
o Main Office #: 209-533-4879
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{CW114100.4}
RESOLUTION 07-05-2022-C
____ _________________________________________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA ESTABLISHING AN
ENCAMPMENT MANAGEMENT POLICY FOR THE CITY OF SONORA ADDRESSING PUBLIC
HEALTH AND SAFETY CONCERNS AND VULNERABILITIES TO CRITICAL INFRASTRUCTURE
CAUSED BY THE GROWING HOMELESSNESS CRISIS IN SONORA
WHEREAS, The City Council for the City of Sonora (the “City”) has adopted Ordinance No. _____ and No. _____ which, among other things, address public health and safety concerns and vulnerabilities to critical infrastructure caused by the growing homelessness crisis in Sonora; and WHEREAS, to enforce the new ordinances, the City Council desires to enact a policy of notice and referral that aims to prevent homelessness in Sonora by providing unsheltered individuals more information as to accessible services and the rights they possess (“Policy”); and WHEREAS, this approach is intended to provide City staff with guidance and tools to carry out the Policy in a manner consistent with the City’s Municipal Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONORA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. CEQA. The City Council finds that this action is not a project subject to the California Environmental Act (“CEQA”) because it involves only general policy and procedure making and does not have the potential for resulting in either a direct or physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. (CEQA Guidelines, §§ 15002(d), 15378, 15061(b)(3).)
Section 3. Policy. The Encampment Management Policy, attached as Exhibit A of this Resolution, is hereby adopted. The City Administrator or their designee, in consultation with the City Attorney, may subsequently amend the Policy and adopt additional guidelines as necessary to implement the Policy’s stated purpose.
Section 4. Effective. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on July 5, 2022, by the following votes:
AYES:
NOES:
ABSENT:
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Signed and dated:
_______________________________
Matt Hawkins
Mayor of the City of Sonora
ATTEST: _______________________________
Tracy L. Skelly
City Clerk
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1 City of Sonora and Police Department
non-emergency phone number:
BUSINESS TOOLKIT FOR HOMELESS INTERACTIONS
It’s important to understand that homeless persons are members of our community and should be extended the same level of consideration as housed populations. Avoid applying stereotypes, stigmas, and myths. People experiencing homelessness should not be defined by their housing status, as homelessness can be caused by uncontrollable circumstances and a lack of housing opportunities.
WHEN A HOMELESS PERSON IS AT YOUR BUSINESS
PREP YOUR BUSINESS FOR UNWANTED ACTIVITY
• Make eye contact and treat everyone with respect.
• If a homeless person is in your establishment to make a purchase, you should treat them like any other customer.
• Establish an amicable relationship and ask their name. • If someone is being disruptive, homeless or not, try to deescalate the situation if you are comfortable doing so.
• Politely ask unwanted persons to leave, deflecting your request to a third party (e.g., the property owner).
• Let people know your boundaries and call the Police Department to report illegal activity.
• If anyone is interfering with your ability to do business and will not leave, call the nonemergency number of the Police Department to request assistance. • If someone is threatening harm to themselves or others, acting violent or reckless, or appearing to be experiencing a crisis, ask them to leave clearly and politely and call 911. • If you feel calling the police may agitate the person further, call 911 and pretend you are talking to a friend or coworker while trying to help the dispatcher understand the problem and your exact location.
• Install motion-sensitive security lights.
• Lock or turn off exterior power outlets.
• Install security cameras and signs indicating the area is under surveillance. Recommend security cameras with features that include 30-day storage and high resolution (1080p) with color night vision. Common format offloading requiring no proprietary software is the best for police department’s ability to use the video to investigate cases. • Keep trash bins, storage areas, and gates locked.
• Immediately report unwanted occupation of privately-owned areas under your control. • Keep the area in front of your business clean. Doing this will encourage others to respect the space.
• Report all suspicious activity to the Police Department as it is occurring, regardless of whether or not it directly impacts your business. 109
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2 City of Sonora and Police Department
non-emergency phone number:
BUSINESS TOOLKIT FOR HOMELESS INTERACTIONS
WHAT TO AVOID
• Offering food, goods, or money. It encourages repeat requests and panhandling and could potentially contribute to unhealthy lifestyles. There are local professional organizations that specialize in the charitable distribution of goods. • Allowing anyone to camp on your property for any amount of time. Agreeing to this activity could establish certain rights and make evicting unwanted guests problematic. • Allowing anyone to store personal belongings or shopping carts on your property. • Indicating you are alone in the business. Consider announcing that your associate will return momentarily.
LOCAL SERVICES
Find an organization that you want to support and help by directing people experiencing homelessness or mental health challenges to them. Below are some trusted organizations. • Amador Tuolumne Community Action Agency (ATCAA)
427 N. Highway 49, Suite 305, Sonora; Ph# 209-533-1397. • Lambert Community Center
347 W. Jackson Street, Sonora; Ph# 209-533-4879.
• Tuolumne County behavioral health Crisis Assessment Intervention Program (CAIP) 105 Hospital Road, Sonora; Ph# 800-630-1130, or 209-533-7000 for Holidays/After Hours. • Mother Lode Job Training
197 Mono Way Suite B, Sonora; Ph# 209-533-3396.
FAQ ABOUT LAWS AND HOMELESSNESS
Is it illegal to loiter?
The state statute defines loitering as lingering or prowling with the specific intent to commit a crime. Loitering in its common meaning is not unlawful.
Can I have someone arrested for trespassing?
Yes, but there is a process for advising a trespasser and ultimately enforcing the violation by arrest if the problem persists. In December 2019, the City of Sonora passed a trespass ordinance. It’s important to note that this was not a homelessness enforcement ordinance but a tool for local business owners to manage the environment of their locations. Most businesses are classified as privately owned land/properties open to the general public, and existing state laws are deficient in addressing the specific needs of business owners/ operators. Sonora’s ordinance provides a tool for business owners experiencing disruptive and meddlesome patrons. Again, we strongly recommend you focus on the conduct and behavior of the person rather than their status. The Police Department will not assist with trespass enforcement if the basis for the request is unlawful or unethical. More about Sonora’s Trespass on Private Property or Business Premises ordinance (Municipal Code
9.60) can be found online.
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3 City of Sonora and Police Department
non-emergency phone number:
BUSINESS TOOLKIT FOR HOMELESS INTERACTIONS
FAQ ABOUT LAWS AND HOMELESSNESS (CONTINUED)
Does it take an eviction process to make an unwanted camper leave my property? No. As long as there has been no verbal or written agreement for someone to stay for a specified amount of time. Under these circumstances, once someone refuses your request to leave, it becomes an illegal trespass. As a matter of process, however, if someone has established a hasty encampment, they will be given a reasonable amount of time to vacate before our officers cite or arrest. A reasonable amount of time can range from a few hours to a couple of days, depending on the persons’ ability and opportunity to relocate.
What happens to the items left behind once an encampment has been vacated? Property that has been clearly abandoned can be discarded. Items left in an area that has not been fully vacated should be considered personal property. An effort should be made to notify the owner of the personal property that it will be kept no longer than 18 days, after which it can be disposed of so long as the value is less than $300. Personal property that would be unsafe or hazardous to store may be discarded immediately.
Is it unlawful to camp in public areas?
In 2014 the City of Sonora passed an ordinance prohibiting camping on public property, but court rulings have since held that to enforce no-camping ordinances, cities must be able to identify that there is an available place to sleep before issuing citations or taking other action such as arresting individuals on public property. It is problematic to have violators move off of public property when we can’t cite them.
Case law also requires cities and counties to give transients due process to remove their property. That includes posting notification requiring the removal of the property and giving them time to remove it. If the police have to remove the property, they are bound by found property laws, requiring officers to collect, inventory, and hold the property securely for the owner’s retrieval within 90 days.
However, when someone is camping on private property, the owner or agent needs to decide to have unwanted campers trespassed and removed. Property owners would be responsible for covering the costs of cleanup.
Is panhandling illegal?
Several court cases in California have determined that panhandling is a free speech right protected by the first amendment. As a result, ordinances against general panhandling in many cities have been struck down, and cities can be held financially liable for damages.
The Sonora City Council has passed an ordinance outlawing Aggressive Solicitation, which focuses on conduct rather than the person’s status and requires that we show a reasonable relationship between the prohibition and the behavior being regulated.
Passively displaying a sign is not unlawful. More about Sonora’s Aggressive Solicitation ordinance (Municipal Code 9.54) can be found online.
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4 City of Sonora and Police Department
non-emergency phone number:
BUSINESS TOOLKIT FOR HOMELESS INTERACTIONS
FAQ ABOUT LAWS AND HOMELESSNESS (CONTINUED)
What are the consequences for drug use or committing theft and vandalism? State legislation and federal court rulings, especially AB 109 (Public Safety Realignment Act of 2011) and Propositions 47 (Safe Neighborhoods and Schools Act/Criminal Sentencing) and Proposition 57 (Californians for Public Safety and Rehabilitation/ Non-Violent Felonies), have drastically changed the way those committing low-level crimes are dealt with in California. Although these legislative changes were promoted as public safety measures, often, people are being released into communities without rehabilitation, employment, or meaningful parole supervision. Because legislation also pushes the responsibility for incarceration down to the county facilities, our jails, which are already at capacity, have all but ceased accepting or holding individuals in custody for misdemeanor nuisance crimes such as theft, vandalism, and drug possession.
Do we need more Police Officers?
We can always benefit from more police officers, and there is no doubt issues surrounding homelessness have a significant impact on policing resources. However, we cannot arrest ourselves out of the situation, and it will take a community effort to identify sustainable solutions.
Why is there so much homelessness in our area?
There is a number of factors contributing to the homelessness epidemic as a whole; AB 109 and Prop 47 have exasperated the problem by removing consequences for “low level” crimes. The limited availability of mental health services, drug treatment programs, and affordable housing significantly contributes to homelessness. Additionally, the outreach and support services offered in Sonora and the surrounding community attract unsheltered individuals to the area.
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Item 12.
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Tracy Skelly, Deputy City Clerk
SUBJECT: Consideration to Adopt Resolution 07-05-2022-A - Certifying the Results and Declaring those Elected for the 2022 General Municipal Election
RECOMMENDATION
City Staff recommends the adoption of Resolution 07-05-2022-A certifying the results and declaring those elected for the June 7, 2022, General Municipal Election for City Officers.
DISCUSSION
The City General Municipal Election was held Tuesday, June 7, 2022, for the election of two members to the office of City Council. The Elections Code requires that the votes be canvassed and certified by the elections official. As a consolidated election, this task is performed for the City by the County Clerk & Auditor-Controller. Upon the receipt of the election results, the City elections official (City Clerk) shall certify the results to the governing body (City Council). Before installing the new officers, the governing body shall adopt a resolution declaring elected persons receiving the highest number of votes cast for each office.
The City has received the certification and the canvass of votes for the election from the County Clerk & Auditor-Controller (see attached). The City Clerk verifies these results at which time the City Council needs to adopt Resolution 07-05-2022-A enumerating the results of the June 7, 2022, General Municipal Election and declaring those elected.
FISCAL IMPACT
No fiscal impact to the General Fund.
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RESOLUTION 07-05-2022-A
____ _________________________________________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA CERTIFYING THE RESULTS AND DECLARING THOSE ELECTED IN THE JUNE 2022 GENERAL MUNICIPAL ELECTION WHEREAS, A General Municipal Election was held in the City of Sonora, June 7, 2022, for the purpose of electing two Council Members to the City; and
WHEREAS, said results of the canvass of said General Municipal Election were presented to the City Council of the City of Sonora as attached in Exhibit A; and WHEREAS, the Notice of Election was given in time, form and manner as provided by law; that candidates were nominated to fill the vacancies as provided by law; that voting precincts were properly established, and 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 State of California relating to general law cities.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SONORA DOES HEREBY RESOLVE AS FOLLOWS:
The City Council of the City of Sonora does hereby certify the results of said General Municipal Election and declares elected Suzanne Cruz and Andy Merrill to the office of City Council effective this date, where each Council member will serve a four-year term accordingly.
PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora, California, at a regular meeting of said City Council held on July 5, 2022, by the following votes:
AYES:
NOES:
ABSENT:
Signed and dated:
_______________________________
Matt Hawkins
Mayor of the City of Sonora
ATTEST: _______________________________
Tracy Skelly
Deputy City Clerk
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Item 13.
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Tracy Skelly, Deputy City Clerk
SUBJECT: Administration of the Oath of Office for Elected City Officials, the City Administrator and the City Clerk.
RECOMMENDATION
Administration of the Oath of Office for Elected City Officials, the City Administrator and the City Clerk.
DISCUSSION
City of Sonora Councilmember Colette Such will administer the Oath of Office to the following elected City Officials:
1. Suzanne Cruz, Councilmember – Four-Year Term
2. Andy Merrill, Councilmember – Four-Year Term
3. Melissa Eads, City Administrator
4. Tracy Skelly, City Clerk
Upon completion of the Oath of Office, the Council will break. Upon return, the newly and re-elected Council Members will assume their seats. The Council will need to appoint a Councilmember to serve as the Mayor for the next two (2) years. Once selected, the Mayor will need to appoint a Mayor ProTem, with confirmation from the Council Members.
FISCAL IMPACT
No fiscal impact to the General Fund.
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Item 14.
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 5, 2022
TO: City Council Members
FROM: Tracy Skelly, Deputy City Clerk
SUBJECT: Appointment of Mayor and Mayor Pro-Tem and Discussion of Commission/Committee Appointments.
RECOMMENDATION
Appointment of Mayor and Mayor Pro-Tem and Discussion of Commission/Committee Appointments.
FISCAL IMPACT
No fiscal impact to the General Fund.
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Item 15.
RANK COMMITTEE NAME COMMITTEE SCOPE/TASKS COUNCIL
MEMBER(S)
ALTERNAT
E(S)
STAFF PUBLIC DATES &
TIMES
COMMITTEE
MEETS
Amador-Tuolumne
County Community
Action Agency/Head
Start
To help individuals in Amador and
Tuolumne Counties toward self‒
sufficiency. To support local residents in
becoming involved and contributing
members of our community. To promote
family and other supportive environments
so that children, youth, and elders
can achieve their maximum potential, and
to form partnerships and coalitions within
the community to meet these needs.
Colette Such Ann
Segerstrom
Second Friday
Every Other
Month
10:30am12:30pm
Cable 8 -Access
Tuolumne
Tuolumne County Community Cable
Access (TCCCA), was created to facilitate
public access to the local cable television
service.
Mark Plummer Ann
Segerstrom
Fourth
Wednesday
3:00pm4:00pm
California League of
Cities
The League of California Cities is an
association of cities within the state of
California, founded in 1898. Most of the
state's 482 cities are represented in the
league. The League advocates for cities at
the state capitol, including proper
distribution of state taxes to the cities.
Colette Such Mark Plummer
Ann Segerstrom
Quarterly
Central Sierra
Economic
Development
CSEDD partners with MLJT and local
economic development offices to bring
workforce and economic development
assistance to businesses and residents
throughout the Mother Lode Region.
Ann Segerstrom Jim Garaventa Feb, May, Aug,
Nov Third
Thursday
9:30am11:00am
Fire Safe Council The Tuolumne Fire Safe Council is a
grassroots nonprofit organization that
works to reduce wildfire hazard and the
devastating effects of wildfires in the north
Tuolumne County community. The mission
of the Tuolumne Fire Safe Council is to
save lives and protect property through
wildfire preparedness, prevention, and
education.
Colette Such Jim Garaventa Fourth
Tuesday
11:30am1:00pm
CITY OF SONORA GOVERNMENTAL COMMITTEES
NAME:_________________________________________
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RANK COMMITTEE NAME COMMITTEE SCOPE/TASKS COUNCIL
MEMBER(S)
ALTERNAT
E(S)
STAFF PUBLIC DATES &
TIMES
COMMITTEE
MEETS
Integrated Regional
Water Management
(IRWM) JPA & Water
Advisory Committee
The purpose of the IRWMP is to
develop a water resources management
strategy for the region. The plan, when
completed, will include a priority list of
projects to improve water supply
reliability, water quality and the
environment in the Tuolumne and
Stanislaus region.
Collette Such Ann
Segerstrom
Third Wednesday
9:00am-12:00pm
Local Agency
Formation Commission
(LAFCO)
The purpose of LAFCO is to discourage
urban sprawl, preserve open space and
prime agricultural lands, promote the
efficient provision of government
services, and encourage the orderly
formation and development of local
agencies based upon local conditions
and circumstances.
Matt
Hawkins
Mark
Plummer
Jim Garaventa Second Monday
4:00pm
Sierra Conservation
Center – Citizens
Advisory Committee
Mark Plummer Matt Hawkins Melissa Eads
Solid Waste The Solid Waste Committee is to serve
the Board by reviewing, commenting on
and recommending new and/or
modifications to existing policy related to
the Solid Waste collection, management
and disposal systems within the County.
Jim Garaventa Mark Plummer Second
Wednesday
1:00pm3:00pm
Tuolumne County
Chamber –
Governmental Affairs
Our Chamber of Commerce manages
an aggressive government affairs
advocacy program combining research,
government relations and
communications. Through your Board of
Directors and Government Affairs
Council, our Chamber has forged key
relationships with elected officials and
leaders of government agencies on the
local, regional and state level.
Mark Plummer Matt Hawkins Melissa Eads First Monday
11am
Tuolumne County
Chamber –
Transportation
Committee
The primary duties of our Transportation
Committee is to look at state highway
by-pass proposals and local transporttation problems. The committee makes recommendations to the Board on
positions that it feels would be in the
best interest of our county and
business.
Mark Plummer Jim Garaventa
Tuolumne County
Economic
Development
Authority (TCEDA)
Matt
Hawkins
Jim
Garaventa
Mark Plummer
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RANK COMMITTEE NAME COMMITTEE SCOPE/TASKS COUNCIL
MEMBER(S)
ALTERNAT
E(S)
STAFF PUBLIC DATES &
TIMES
COMMITTEE
MEETS
Tuolumne County
Airport Land Use
Commission
The Tuolumne County Land Use
Commission (ALUC) was created in
1979 pursuant to Section 21670 of the
Public Utilities Code to protect public
health, safety, and welfare while
ensuring the orderly expansion of
airports through the adoption of land
use measures that minimize the public’s
exposure to excessive noise and safety
hazards within areas surrounding the
Columbia and Pine Mountain Lake
Airports.
Tuolumne County
Transportation Council
(TCTC)
TCTC regularly decides how to prioritize
and program monies for the State
Transportation Improvement Program
(STIP), and federal funding programs. In
addition, the TCTC serves both the
Board and the Sonora City Council by
reviewing, commenting on and
recommending or adopting new and/or
modifications to existing policy related to
the public transportation system, the
Regional Transportation Plan(RTP);
State legislative policy relative to Trans-
portation; Traffic Mitigation Fee
program; the State Highway Oper-ations
and Preservation Program (SHOPP);
and various Transpor-tation Planning
policies that affect the County and the
City of Sonora.
Colette
Such
Jim
Garaventa
Mark Plummer Second
Wednesday
3:00pm-
5:00pm
Tuolumne County
Water Policy Advisory
Committee
Ensure adequate water supplies to meet
the diverse needs of a healthy and
economically viable community. Such
water supply needs include but are not
limited to: domestic consum-ption; fire
protection; economic development;
base industries
Ann Segerstrom Matt Hawkins Fourth Tuesday
2:00pm
Visitor’s Bureau Promote and market Tuolumne County
as a tourist destination; Promote the
benefits of tourism as an industry;
Provide visitor services; Act as a liaison
between the tourism industry and
governmental agencies; Coordinate with
other agencies and organizations in the
promotion of travel related industries
throughout the county; and encourage
and assist in the preservation of
historical landmarks and preserve
tourist attractions.
Jim Garaventa Mark Plummer First
Wednesday
11:00am-
12:00pm
144
Item 15.
RANK COMMITTEE NAME COMMITTEE SCOPE/TASKS COUNCIL
MEMBER(S)
ALTERNAT
E(S)
STAFF PUBLIC DATES &
TIMES
COMMITTEE
MEETS
Yes Council The YES Partnership is a communitywide coalition dedicated to supporting Tuolumne County youth and families by
preventing suicide, substance, and child
abuse.
Ann Segerstrom Colette Such Second
Wednesday
3:00pm5:00pm
Community
Development
Housing, Technology, Opera Hall,
Planning, CDBG related matters
Mark Plummer
Matt Hawkins
Melissa Eads
Rachelle Kellogg
Chris Gorsky
As Needed
Energy Action On March 5th, 2018, the City of Sonora
accepted the Energy Action Plan (EAP)
as the City’s roadmap for expanding
energy-efficiency, renewable-energy,
and the cost-savings that accompany
these efforts.
Colette Such
Ann Segerstrom
Melissa Eads Fourth
Wednesday
3:00pm4:00pm
Finance All finance and budget related matters Matt Hawkins Colette Such
Melissa Eads
Chris Gorsky
As Needed
Parking & Traffic
Commission
The Parking and Traffic Commission's
duties are to investigate ways and
means of improving parking and traffic
conditions throughout the city.
Matt Hawkins
Mark Plummer
Jim Garaventa Aimee New
Turu VanderWiel
Mike Lagomarsino
As Needed
Parks, Recreation, &
Beautification
Parks, trees, recreation, and
beautification matters
Matt Hawkins
Ann Segerstrom
Melissa Eads
Rachelle Kellogg
Mike Lagomarsino
Tracy Russell
Sharon
Marovich
As Needed
Personnel All personnel and negotiation matters Matt Hawkins Mark Plummer
Melissa Eads
Chris Gorsky
As Needed
Planning Commission A commission delegated to the
purpose of plans for future activities
and developments
Kevin Anderson
Peter Ghiorso
Bess Levine
Nathan Morales
Stephen Opie
Second
Monday
5:30pm
Public Safety Law Enforcement, Fire, Parking,
Signage, and Traffic related matters
Jim Garaventa
Ann Segerstrom
Melissa Eads
Turu VanderWiel
Aimee new
As Needed
Public Works Streets, sidewalks, storm drainage,
cemeteries, city facilities, and capital
improvements
Ann Segerstrom
Colette Such
Melissa Eads
Rachelle Kellogg
Mike Lagomarsino
As Needed
Vision Sonora Vision Sonora Plan implementation,
funding, project, and design review
Colette Such
Ann Segerstrom
Melissa Eads
Rachelle Kellogg
Darin Grossi
Ryan Campbell
David Goldemberg
Charles
Segerstrom
Laurie Lehmann
Second
Tuesday
1:30pm3:30pm
Oversight Board of the
Successor Agency to
the Redevelopment
Agency (OBSARA)
Colette Such Rachelle Kellogg David Goldemberg
Tim Johnson
Ed Pattison
Elizabeth Rico
Trevor Stewart
As Needed
145
Item 15.
146
Item 15.