Sonora City Council
October 3, 2022

CITY COUNCIL REGULAR MEETING - OCTOBER 03, 2022 PAGE 1 OF 3

CITY COUNCIL REGULAR MEETING
Monday, October 03, 2022 at 5:00 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, October 3, 2022 at 5:00 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. 09-19-2022-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 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 - OCTOBER 03, 2022 PAGE 2 OF 3

ADJOURN INTO CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant exposure to litigation pursuant to Gov. Code § 54956.9(d)(2): One (1) Potential Case; Doug White, City Attorney RECONVENE INTO OPEN SESSION [City Council Chambers]
OPEN SESSION - 5:00 PM

REPORT OUT OF CLOSED SESSION

PLEDGE OF ALLEGIANCE

ROLL CALL
CITY CLERK’S REPORT ON AGENDA POSTING

APPROVAL OF THE AGENDA

PRESENTATIONS

2. Receive an update from Tuolumne County District 1 Supervisor David Goldemberg.

3. Receive a presentation from Trinity Abila with Habitat for Humanity on the Home Repair Program.

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.

4. Consider waiving the second reading and adopt Ordinance No. 897, Amending Chapter 17.55, Second Dwelling Units on Residential Parcels, of Title 17, Zoning, of the Sonora Municipal Code by repealing it in its entirety and replacing it with a new Chapter 17.55, Accessory Dwelling Units.; Rachelle Kellogg, Community Development Director.

5. Consider acceptance of the 2021 Assistance to Firefighter Grant (AFG) Award – EMW-2021-FG05567 in the amount of $23,785.56; and authorize the Fire Chief to approve and sign the contract to accept the award; Aimee New, Fire Chief.

6. Consider approval of disbursements in the amount of $194,130.63 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 Services Officer.
2 CITY COUNCIL REGULAR MEETING - OCTOBER 03, 2022 PAGE 3 OF 3

7. Consider adoption of Resolution No.10-03-2022-B accepting the Finding of an Industrial Disability Retirement Pursuant to Government Code Section 21156; Christopher Gorsky, Administrative Services Director.

8. Consider adoption of Resolution 10-03-22-C approving Amendment No.1 to the Sonora Police Officers’ Association (SPOA) Memorandum of Understanding (MOU) dated 06/30/2021 – 06/30/2025.

Consider adoption of Resolution 10-03-22-D approving the employee salary schedule for the Sonora Police Officers’ Association (SPOA) as per Amendment No.1 of the Memorandum of Understanding (MOU); Christopher Gorsky, Administrative Services Director.

9. Consider approval Resolution No. 10-03-2022-E, A Resolution of the City Council of the City of Sonora, confirming that no changes are necessary to the City of Sonora’s Conflict of Interest Code; Doug White, City Attorney.

NEW BUSINESS

10. Consider adoption of Resolution 10-03-2022-A accepting the 2022 Rural Fire Capacity Grant in the amount of $13,980.00 with a City funds match of $13,380.00; Aimee New, Fire Chief.

11. Discuss rescinding Resolution 09-19-2022-A authorizing remote teleconferencing meetings of the City Council and its committees and commissions for 30 days pursuant to Government Code Section 52953(e) Brown Act provisions; Doug White, City Attorney

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. 3 CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 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.
4 Item 2.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Melissa Eads, Interim City Administrator
SUBJECT: Presentation from Habitat for Humanity

RECOMMENDATION
Receive a presentation from Trinity Abila with Habitat for Humanity on the Home Repair Program.

DISCUSSION
The Habitat for Humanity Home Repair program is an outreach initiative that seeks to provide home repairs for low to moderate income homeowners, including veterans and the elderly, who are struggling to maintain their homes due to age, disability, or family circumstances.

FISCAL IMPACT
No fiscal impact to the General Fund.
5 Item 3.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Rachelle Kellogg, Community Development Director
SUBJECT: Ordinance No. 897

RECOMMENDATION
Waive the second reading and adopt Ordinance No. 897.

BACKGROUND
In 2019 and 2020, the State legislature signed into law several bills changing how local agencies regulate accessory dwelling units (ADU) and junior accessory dwelling units (JADU). These bills are currently effective and are codified in California Government Code (GC) Section 65852.2 and 65852.22. In 2021 and 2022 the State Department of Housing and Community Development prepared guidelines to assist local agencies with implementation of these new regulations. These changes build upon original State Law adopted in 2016 and 2017 and further reduces the restrictions on construction of ADU/JADUs to address the statewide shortage of housing. There is an increasing demand for construction of these types of residential units as they are an affordable means to providing additional housing on existing residential properties. These State Laws have been more directive towards agencies in respects to what an agency must accept regarding ADUs and JADUs.

Staff has prepared a comprehensive draft ordinance for the City Council’s consideration that addresses all specific requirements for compliance with current State ADU Law, specifically GC 65852.2 and 65852.22. The City’s existing Chapter 17.55, Second Dwelling Units on Residential Parcels, will be repealed in its entirety and replaced with the new ADU ordinance that complies with State Law and allows for specific variables to be considered for ADUs within the City limits.

The current Chapter 17.55, allows for the establishment of second units (attached or detached) on residential lots with an existing single-family or multi-family home in either a single-family or multi-family zone. Further, the existing ordinance requires the second units to be ministerially approved by staff provided that all the criteria is met, regulates the allowable density for the lot upon which it is located, and requires it to be a residential use which is consistent with the existing general plan and zoning designations for the lot.

With new State Laws relaxing the requirements for AUD and JADUS, staff is proposing an update to Chapter 17.55, to better align and comply with the State’s goals. The proposed update will relax the restrictions for ADU/JADU constructions per State Law and develops alternative standards for constructions in areas with potential health and safety concerns ((Gov. Code, § 65852.2, Subdivision. (e)). Below is a summary of the proposed changes:

Definitions
Current State Law further refine the definitions of an ADU and JADU. The proposed changes will update the definitions for the types of ADUs allowed and the parcels in which ADUs are allowed. 6 Item 4.

Exemptions
Per State Law, subdivision (e) requirements have been included in the text (Chapter 17.55.50 A-D).

Size and Location Standards
The proposed changes will further define the size, location, and standards. The changes will relax current standards to better align with State Law (Chapter 17.55.60).

Parking
The proposed changes will better define parking and driveway standards. The City of Sonora finds that due to Sonora’s high fire risk, and the necessity to provide adequate maneuverability to accommodate emergency response vehicles, all ADUs and JADUs shall require onsite parking. All required parking for new ADUs and JADUs and any required replacement parking for the main dwelling on parcels located within a State designated Very High or High Fire Severity Zone shall meet the criteria outlined in Chapter 17.55.60(C)(5).

Design Features, Illegal Dwelling units, Permit Requirements, and Code Enforcement The proposed changes will include description and guidance on these requirements per State Law and local provisions.

JADUs
Existing ordinance does not define or provide guidance on JADUs. The proposed ordinance will include definitions and guidance on the requirements for JADUs per State Law and local provisions.

The proposed ordinance has been drafted using existing local policies, provisions, and planning procedures with considerations relating to the new State Law. Additional measures have been included to mitigate potential health and safety concerns.

At their August 8, 2022 Planning Commission Meeting, Commissioners reviewed the Title 17 text amendment related to Accessory Dwelling Units and approved Resolution No. 08-9-2022-A recommending to the Sonora City Council approval of an ordinance as described within the attached Resolution and included within the draft Ordinance No. 897.

DISCUSSION
Council introduced and waived the first reading on September 19, 2022. This is the second reading of Ordinance No. 897, an ordinance which amends the Sonora Municipal Code as follows:

Amending Chapter 17.55, Second Dwelling Units on Residential Parcels, of Title 17, Zoning, of the Sonora Municipal Code by repealing it in its entirety and replacing it with a new Chapter

17.55, Accessory Dwelling Units.

FISCAL IMPACT
None
7 Item 4.

Ordinance 897
Accessory Dwelling Units

ORDINANCE NO. 897

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA
AMENDING CHAPTER 17.55, SECOND DWELLING UNITS ON RESIDENTIAL PARCELS, OF TITLE 17, ZONING, OF THE SONORA MUNICIPAL CODE BY REPEALING IT IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 17.55, ACCESSORY DWELLING UNITS
WHEREAS, like many California cities and counties, the City of Sonora (the “City”) is experiencing general housing and housing affordability shortages; and WHEREAS, the general housing and housing affordability shortage is causing many working families and residents to seek housing outside the City; and WHEREAS, the State of California passed a series of laws in 2019 and 2020 changing how local agencies regulate accessory dwelling units (ADU) and junior accessory dwelling units (JADU); and
WHEREAS, on February 22, 2021, the City Council approved the 2021 Goals and Objectives which included exploring all opportunities to provide best practices and dignified solutions to the City’s growing population and low-income and affordable housing needs; and WHEREAS, the rising popularity of ADU and JADU provides for affordable opportunities to create additional housing to meet the needs of the community.

NOW, THEREFORE, THE CITY OF SONORA CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. AMENDMENT. Chapter 17.55, Second Dwelling Units on Residential Parcels, of Title 17, Zoning, of the Sonora Municipal Code shall be repealed in its entirety and replaced with a new chapter 17.55, which shall read as follows:

Chapter 17.55
Second Dwelling Units on Residential Parcels
Sections:

17.55.010 Purpose.

17.55.020 Applicability.

17.55.030 Definitions.

17.55.040 Provisions.

17.55.050 Application procedure.

17.55.060 Findings of fact.

17.55.010 Purpose
8 Item 4.

Ordinance 897
Accessory Dwelling Units

The purpose of this chapter shall be to provide for the creation of second dwelling units on lots zoned for single-family and multifamily dwellings, pursuant to the provisions of the California Government Code. [Ord. 757 § 2, (part), 2003.]

17.55.020 Applicability.

This chapter is applicable to all areas within the City of Sonora which are zoned for single-family use as well as areas zoned for multi-family use where there is insufficient lot size by normal density standards to permit a second dwelling.
[Ord. 757 § 2, (part), 2003.]

17.55.030 Definitions.

A "second dwelling unit" or "second unit" means a detached or attached dwelling unit which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. A second unit also includes an efficiency unit or a manufactured home as defined in the California Health and Safety Code. [Ord. 757 § 2, (part), 2003.]

17.55.040 Provisions.

Unless otherwise permitted by right, a second dwelling unit shall be ministerially issued by staff provided that all of the following criteria are met:

A. The unit is not intended for sale and may be rented.

B. The lot is zoned for single-family or multi-family use.

C. The lot contains an existing single-family residence.

D. The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.

E. The increased floor area of an attached second unit shall not exceed thirty percent of the existing living area.

F. The total area of floor space for a detached second unit shall not exceed one thousand two hundred square feet.

G. Any new construction shall conform to height, setback, lot coverage, parking, and other zoning requirements generally applicable to residential construction in the zone in which the property is located.

H. Parking requirements for second units shall not exceed one parking space per unit, or two spaces per unit if it has more than one bedroom. Additional parking maybe required provided that a finding of fact is made that the additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in yard setback areas, but tandem parking is not feasible because it is not permitted anywhere else within the City.

I. Architectural design review shall be conducted where required by zoning.

J. Local building code requirements which apply to detached dwellings, as appropriate.

K. Standards may be imposed that prevent adverse impacts on any real property that is listed in the California Register of Historic Places.
[Ord. 757 § 2, (part), 2003.]

17.55.050 Application procedure.

Application shall be made on a form provided by, and submitted to, the City Community Development Department, and shall be accompanied by a fee as adopted by resolution of the City Council.

Accompanying the application shall be the following documentation:
9 Item 4.

Ordinance 897
Accessory Dwelling Units

A. An accurately drawn site plan showing the location of the existing residence, second unit, size of second unit, setbacks, utility connections, and parking.

B. Letters from the respective water, sewer and power utilities indicating the availability and terms of such additional utility service.
[Ord. 757 § 2, (part), 2003.]

17.55.060 Findings of fact.

The City Community Development Department, after consideration of the application and consultation with advisory agencies, shall issue a permit to authorize construction of a second dwelling unit on a lot zoned for single-family or multi-family use under this chapter, if it finds that the application conforms to all of the criteria of this chapter. Pursuant to the California Government Code, second units shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot.
[Ord. 757 § 2, (part), 2003.]
Chapter 17.55
Accessory Dwelling Units
Sections:

17.55.010 Purpose

17.55.020 Applicability

17.55.030 Types of ADUs

17.55.040 Number of units allowed

17.55.050 State Exempt ADUs under Subdivision (e) Requirements

17.55.060 Size and location standards

17.55.070 ADU design features

17.55.080 Occupancy and rental requirements

17.55.090 Illegal accessory dwelling units

17.55.100 Junior Accessory Dwelling Units (JADUs)

17.55.110 Impact and connection fees

17.55.120 Permit Requirements – Accessory Dwelling Units

17.55.130 Code Enforcement

17.55.010
Purpose. The purpose of this chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units in compliance with Government Code Sections 65852.2 and 65852.22. This Section establishes standards for the development and operation of accessory dwelling units, previously known as secondary residential units and hereafter referred to as “ADUs.” All accessory dwelling units (ADU) and junior accessory dwelling units (JADU) approved by this Section are deemed to not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and accessory and junior accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designations for the lot.

17.55.020
10 Item 4.

Ordinance 897
Accessory Dwelling Units

Applicability. Accessory dwelling units (ADUs) are allowed in all zoning districts that allow single-family and multifamily dwelling residential subject to compliance with the development standards of the underlying zoning district for the primary dwelling and the requirements of this Section. If a conflict arises between the general development standards of the property’s zone district and the development standards applicable to ADUs, the development standards of this Section shall supersede any conflicting development standard.

17.55.030
Types of ADUs.

A. Attached ADU. An attached ADU is within or directly connected to an existing or proposed primary dwelling or its attached garage, having a wall and/or other conditioned space in common. This can include remodeling an existing permitted living space into an ADU, converting existing non-living space into an ADU, adding square footage or an additional floor to the primary dwelling or its attached garage to create an ADU.

B. Detached ADU. A detached ADU is physically separated from an existing or proposed primary dwelling and its attached garage, not sharing a common wall or other conditioned space. This includes converting an existing detached legally constructed structure into an ADU, adding square footage or an additional floor to an existing detached structure to create an ADU, or constructing a new detached structure to create an ADU.

C. Junior ADU (JADU). A JADUs is a smaller type of attached dwelling unit that is no more than 500 square feet in size. Standards for JADUs are described in Subsection

17.55.100 below.

17.55.040
Number of units allowed. An ADU that conforms to the development standards in this Section is deemed to be an accessory use and/or an accessory structure and will not be considered to exceed the allowable density for the lot upon which it is located.

A. Single-family parcels. One accessory dwelling unit (attached or detached) and one junior accessory dwelling unit (JADU) shall be permitted on a legal parcel developed with one single-family dwelling. An ADU and/or JADU may be developed concurrently with a new single-family dwelling; however, final occupancy of the ADU/JADU shall not be issued prior to final occupancy of the new main dwelling.

B. Multifamily parcels. JADUs are prohibited on multifamily lots. On a lot with existing multifamily dwellings, the property owner of the underlying parcel may choose one of the following methods to create ADUs:

1. Detached ADUs. Up to two detached ADUs shall be permitted with 16-foot height limits and 4-foot rear and side yard setbacks.

2. Converted ADUs. Converted ADUs within portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, attached garages) shall be permitted; the 11 Item 4.

Ordinance 897
Accessory Dwelling Units

number of converted ADUs permitted shall be one unit per existing multifamily development or up to 25 percent of the existing unit count in the building, whichever is greater.

17.55.050
State Exempt ADUs under Subdivision (e) Requirements. The following four categories of ADUs shall not be subject to lot coverage, setbacks, and structure height zoning and development standards. However, ADUs under this subdivision must meet the building code and health and safety requirements. The four categories of ADUs under subdivision (e) are:

A. Single-family parcels. One ADU and one JADU are permitted per lot within the existing or proposed space of a single-family dwelling, or an ADU within an existing legally constructed accessory structure, that meets specified requirements such as exterior access and setbacks for fire and safety, or
B. Single-family parcels. One detached new construction ADU that does not exceed four-foot side and rear yard setbacks. This ADU may be combined on the same lot with a JADU and have a maximum unit size requirement of 800 square feet and a height limitation of 16 feet.

C. Multifamily parcels. Multiple ADUs within the portions of multifamily structures that are not used as livable space. Local agencies must allow at least one of these types of ADUs, or up to 25 percent of the existing multifamily dwelling units within a structure, or
D. Multifamily parcels. Up to two detached ADUs on a lot that has existing multifamily dwellings that are subject to height limits of 16 feet and 4-foot rear and side yard setbacks.

The four categories above cannot be combined on one parcel.

E. Deviations for state exempt ADUs. A detached, new construction ADU that has both a maximum gross floor area of 800 square feet and a maximum height of 16 feet from natural grade shall be permitted with the deviations to general development standards below.

1. Setback reductions. This category of smaller ADU, including eaves, is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines. ADUs within the reduced side and/or rear yard setbacks shall comply with (b) and (c) below.

2. Roof design and materials. The pitch of any portion of the roof within the reduced setback shall not be directed toward the side or rear property line, or the structure shall have a non-shedding roof material and/or snow retention mechanism for the life of the structure. This shall apply to roofs within setback areas to address snow-related issues associated with life safety, structural integrity, and property damage prevention.

3. Deviations to development standards. This category of smaller ADU is 12 Item 4.

Ordinance 897
Accessory Dwelling Units

permitted to deviate from the site coverage and other development standards applicable to the property. Any deviation(s) shall be the minimum necessary to accommodate the floor area of the ADU living space, not to exceed an 800- square-foot ADU.

17.55.060
Size and location standards.

A. Development envelopes and easements. For ADUs constructed on lots where the recorded subdivision map established development/building envelopes and/or where there are recorded easements on the property, the building envelope and easement restrictions shall take precedence over any setback reductions provided within Subsection D.3 (Size limits, setbacks, and standards) below.

B. Proximity. A new construction, detached ADU shall be located within 100 feet of the main dwelling, unless a greater distance is determined to be necessary by the Director to avoid on-site septic systems, water supply systems, geographic constraints, and/or environmentally sensitive areas.

C. Size limits, setbacks, and standards. ADU size (i.e., floor area and height), setbacks, and development standards are directly correlated, therefore they are combined in this Subsection (Size limits, setbacks, and standards). Where side yard setback reductions are allowed in this Subsection, these reductions do not apply to street-side setbacks on corner lots. Additionally, on a corner lot, both lot lines facing streets are front lot lines and subject to setback requirements under Section 17.40.015.

1. Standard ADUs.
a. Standard maximum floor area.

Multifamily Parcels. the gross floor area of a standard attached or detached ADU shall not exceed 1,000 square feet.

Single-family parcels. the gross floor area for a new detached Standard ADU shall not exceed 1,200 square feet. The maximum square footage for attached accessory dwelling units shall be no larger than 50 percent of the floor area of the existing primary dwelling or a maximum of 1,000 square feet.
b. ADU garage size. If a garage for an ADU is proposed, it shall not exceed 500 square feet, shall comply with all general development standards applicable to garages, including site coverage.
c. Setbacks and height. All standard ADU structures shall comply with the side, rear, and front setbacks, and height limits applicable to the property’s zone district.
d. Other development standards. Standard ADUs shall comply with all other general development standards applicable to the main dwelling, including site coverage, unless an exception is provided elsewhere in this 13 Item 4.

Ordinance 897
Accessory Dwelling Units

Subsection C (Size limits, setbacks, and standards).

2. Conversion ADUs. An existing legally constructed portion of a single-family dwelling or residential accessory structure that is converted to or replaced with an ADU shall not be required to meet additionalsetbacks beyond those that were required at the time the original structure was built. For replacements, if the structure is partially or completely demolished and replaced with a structure for a new ADU, the replacement structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height, except as permitted below. The maximum gross floor area of the ADU portion of a converted or replaced structure shall not exceed the size limitations of Paragraph C.1.a (Standard maximum floor area) and the remainder may be used for other residential accessory uses. a. Roof modifications. If the converted or replaced structure is within the standard setbacks applicable to the main dwelling, and if substantial modifications are proposed to the existing roof design or surface/material as a part of the ADU creation, the modifications shall comply with Subparagraph C.2.b (Roof design and material).
b. Expansions of conversion ADUs. If a conversion ADU is less than the maximum allowable floor area for an ADU, an expansion/addition may be approved; however, any expansions shall be subject to the standard unit size, height limit, setbacks, site coverage, floor area ratio, open space, and other development standards that would be applicable to a new standard ADU.
c. Ingress/Egress for conversions. In addition to any expansion allowed under Subparagraph C.3.b (Expansions of conversion ADUs), a conversion ADU may include an expansion of the existing structure up to 150 square feet for the purpose of accommodating ingress and egress to/from the ADU. This is permitted only for space that is unconditioned and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space is allowed to deviate from site coverage, floor area ratio, and open space standards applicable to the property up to 150 square feet, and, if relevant, may be used in addition to the deviations permitted for smaller ADUs in Subparagraph C.2 (Deviations to development standards.
i. Setbacks for ingress/egress. A new ingress/egress feature for a conversion ADU shall meet applicable setbacks for fire safety and the property’s zone district and shall not extend further into standard front, rear, or side yard setbacks than the walls of the conversion ADU.

3. Minimum floor area. A minimum floor area of 150 square feet is required for all ADUs.

4. Solar panels. All newly (new construction) constructed detached ADU’s will 14 Item 4.

Ordinance 897
Accessory Dwelling Units

require solar panels.

5. Parking and driveways.
a. Parking standard. One on-site parking space shall be provided for each ADU, in addition to any parking required for the main dwelling unit, unless an exemption is provided below:
b. Parking location. The City of Sonora findsthat due to Sonora’s high fire risk, and the necessity to provide adequate maneuverability to accommodate emergency response vehicles, required parking for all new ADUs and JADUs and any required replacement parking for the main dwelling on parcels located within a State designated Very High or High Fire Severity Zone shall meet the following criteria:
i. All required parking shall be provided for on the parcel and not on a public right-of- way; and
ii. No required parking shall be located within five feet of any property line; and
iii. Unless otherwise restricted by the above requirements, tandem parking and/or parking within setback areas is permitted. c. Parking exemptions. The one on-site parking space for ADUs, located outside of a State designated Very High or High Fire Severity Zone, shall not be requiredif any of the following situations apply:
i. The ADU is located within a half mile walking distance of a public transit stop;
ii. The ADU is located within an architecturally and historically significant historic district;
iii. The ADU is part of an existing or proposed primary residence or an existing accessory structure; or
iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. A car share vehicle station is located within one block of the ADU. d. Replacement parking exemption. When a legally constructed garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, replacement parking for the main dwelling is not required if the parcel is located outside of a State designated Very High or High Severity Zone. This exemption does not apply to multifamily parcels.
15 Item 4.

Ordinance 897
Accessory Dwelling Units

e. On-street parking restriction. Nothing within Subsection E (Parking and driveways), including the exemptions, shall be deemed to permit onstreet parking during any time when such parking is prohibited. f. Shared driveway. An ADU shall be served by the same driveway encroachment as the main dwelling unit. A second driveway for an ADU will be permitted only if all of the following standards are met: 1) The ADU is located on a corner lot or through lot where the ADU will be accessed from a street other than the street providing accessto the primary residence, or the ADU is on a lot with road frontage exceeding 150 lineal feet; 2) the proposal shall demonstrate compliance with the maximum allowable site coverage applicable to the property; and 3) the proposal shall comply with all other applicable Development Code standards and Public Improvement and Engineering Standards for single-family driveways and required off-street parking locations, except as modified within Subsection E (Parking and driveways).

17.55.070
ADU design features.

A. ADU entrance. The ADU shall have an exterior entrance separate from the main entrance to the proposed or existing main dwelling; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the ADU may share with the main dwelling and/or JADU a single interior entryway (e.g., airlock, mudroom) not to exceed 80 square feet that provides direct, private access to each unit; however, in no case shall the primary entrance to the ADU be through the main dwelling living area, JADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and issubject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

B. Interior access. Interior access between the ADU and the main dwelling, attached or detached garage for the main dwelling, and/or other residential accessory structures shall be allowed, in compliance with all applicable California Building Standards Code requirements, as adopted by theCity of Sonora. If interior accessis proposed, the tenant of the ADU shall be able to lock the shared door from the interior of the ADU for privacy.

C. Kitchen or cooking facilities. An ADU shall include a permanent kitchen or cooking facility, consistent with the Development Code definition of a kitchen (Section

18.220.020.K, Kitchen or Cooking Facilities, Residential). At a minimum, an ADU kitchen shall include the following equipment:

1. Cooking facilities (i.e., a standalone cooking appliance with at least two burners that is connected to a gasstub or 220 electric volt outlet; does not include portable cooking accessories such as hot plates and other temporary heat sources);

2. A refrigerator (no minimum size); and

3. A sink for dishwashing and sanitation purposes.
16 Item 4.

Ordinance 897
Accessory Dwelling Units

D. ADU historic design standards. Exterior changes/additions to the building shall not affect the building’s historic integrity and shall be compatible with its historic design features.

E. Design Review. ADUs are not subject to design review as required under Sonora Municipal Code Chapter 17.32, however, a staff level design review will be conducted for compatibility with existing structures on the parcel.

17.55.080
Occupancy and rental requirements. Owner occupancy is not required for the creation of an ADU. Short term rentals of ADUs are subject to the requirements under Chapter 17.64 (Transient Use Permit).

A. Sale of unit prohibited. No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The sale or conveyance of an ADU independent and/or separate from the main dwelling shall be prohibited.

B. Building code requirements. Except as otherwise provided in this chapter, ADUs and JADUs shall comply with all uniform building codes adopted, and all other applicable laws, rules, and regulations. An accessory dwelling unit may consist of manufactured housing if such housing is permitted in the district in which it is proposed to be located and meets the standards for such housing. Each ADU and JADU shall obtain a building permit from the City of Sonora and shall be constructed in compliance with all applicable CaliforniaBuilding Standards Code requirements, as adopted by the City of Sonora.

C. Fire sprinklers. ADUs and JADUs are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.

D. Fire Safety Setbacks. The minimum distance between detached buildings on the same parcel is ten feet. However, when the minimum distance cannot be provided due to size, shape, or slope of the parcel, the building official may allow for a reduction of the minimum distance to one consistent with the provisions of the currently adopted edition of the California-Building Code. In no event shall the minimum distance be reduced to less than six feet without approval of a conditional use permit as provided in Section 17.40.080 or a variance.

E. Fire Safety Clearances. All properties must follow the City of Sonora Defensible Space Program. All dead or dying trees, branches, shrubs, or other plants must be cleared a minimum of fifty feet adjacent to, or overhanging, the structure.

F. Manufactured home, tiny homes, etc. A manufactured home (a.k.a. mobile home), modular home (a.k.a. factory-built or prefabricated home), tiny home, park model home, or similar unit may be used as an ADU if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora. A tiny home on a chassis or park model home on a chassis is not permitted for use as an ADU unless it is modified to meet the aforementioned standards.

G. Movable units. A recreational vehicle (e.g., motorhome, campervan, truck camper, 17 Item 4.

Ordinance 897
Accessory Dwelling Units

travel trailer, pop-up trailer,fifth wheel trailer, toy hauler), travel van, or other movable habitable space generally cannot be approved as an ADU; however, it may be approved if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the City of Sonora.

17.55.090
Illegal accessory dwelling units. This Section shall not validate any existing illegal ADU.

To convert an unpermitted ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed ADU, including the rental restrictions described in Subsection I (Occupancy and rental requirements) above.

A. ADU reversions. If an ADU or JADU is legally permitted and constructed with deviations to the development standards that would otherwise be applicable to the property, as permitted by the Subsections D (Size and location standards) and/or F (Parking and driveways) above, and the ADU is subsequently reverted or converted to another use other than an ADU/JADU, any deviations from development standards (e.g., setbacks, site coverage, floor area ratio, open space, parking) shall be brought into compliance with the standards in effect at the time a complete application for a reversion or conversion of the space is submitted to the Community Development Department.

17.55.100
Junior Accessory Dwelling Units (JADUs).

A. Applicability. JADUs are allowed in all zoning districts that allow single-family residential uses, subject to compliance with the requirements of this Section.

B. Number of units allowed. A maximum of one junior accessory dwelling unit (JADU), in addition to one attached or detached ADU, shall be allowed on a parcel with an existing or proposed single-family dwelling.

C. Location on site. A JADU may be created by converting existing space within the walls of an existing or proposed single-family residence, including attached garages.

If a JADU is created concurrent with a new residence, the JADU shall comply with all development standards applicable to the main dwelling, including setbacks, height limits,site coverage, floor area ratio, open space.

D. Floor area limitation. The gross floor area of the JADU shall not exceed 500 square feet and shall not be less than 150 square feet.

E. JADU separate entrance. A JADU shall have an exterior entrance separate from the main entrance to the existing or proposed single-family residence; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way.

Additionally, the JADU may share with the main dwelling and/or ADU a single interior entryway (e.g., airlock, mudroom) that provides direct, private access to each unit; however, in no case shall the primary entrance to the JADU be through the main dwelling living area, ADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.
18 Item 4.

Ordinance 897
Accessory Dwelling Units

F. Interior access. Interior access from the JADU to the main dwelling may be maintained; however, if the sanitation facilities are shared with the main dwelling, as allowed in Subsection H below (Sanitation Facilities), unrestricted interior access to the sanitation facilities is required at all times. If interior access is proposed, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.

G. Cooking facilities. The JADU shall include an efficiency kitchen, which shall include the following:

1. A cooking facility with appliances. (Note: Government Code Section 65852.22(a)(6) does not permit local jurisdictions to specify exactly what “a cooking facility with appliances” must include for JADUs. This standard can be met with basic plug-in kitchen appliances (e.g., microwave, hot plate, minifridge) or with a full, high-end kitchen (e.g., gas range, double oven, large sink with disposal, commercial refrigerator). Therefore, a JADU is not required to comply with the Development Code definition of a “Kitchen or Cooking Facility,” which specifies several types of appliances required in residential kitchens.)

2. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

H. Sanitation facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the primary residence.

I. Parking. No additional parking shall be required for a JADU for parcels located outside of a State designate Very High or High Fire Severity Zone.

J. Occupancy and rental requirements.

1. Short-term rental restriction. The short-term rental of a JADU for a term of less than 31 consecutive days is subject to the requirements under Chapter 17.64 (Transient Use Permit).

2. Owner occupancy. On a parcel with a primary dwelling unit and a JADU, only one of the units may be rented; the owner must reside in either the remaining portion of the main dwelling or in the JADU. Owner-occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

3. Illegal junior accessory dwelling units. This Section shall not validate any existing illegal JADUs. To convert an unpermitted JADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed JADU, including the rental restrictions described in Subsection 14 above (Occupancy and rental requirements)

17.55.110
Impact and connection fees. Fees will be charged for the construction of accessory dwelling units in accordance with the City of Sonora Municipal Code of Ordinances and state law. The City shall not impose any impact fee upon the development of an accessory 19 Item 4.

Ordinance 897
Accessory Dwelling Units

dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

A. Water supply and sewage disposal. All water supply and sewage disposal shall be provided by an established community system. An ADU shall not be allowed on a parcel that is served by an on-site septic system unless approval is obtained from the Tuolumne County Environmental Health Department and the City of Sonora.

B. Impact fees for JADU’s. The City will not impose impact fees if previous impact fees under the existing residential footprint were already applied. If impact fees are required, the City may apply those impact fees at the time of application approval or prior to occupancy.

17.55.120
Permit Requirements – Accessory Dwelling Units. The City of Sonora (City) shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or JADU, the correction of nonconforming zoning conditions unless those conditions are of health and safety concern to the occupants.

A. The City shall act on the application to create an ADU or JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the City does not act within 60 days, the application shall be deemed approved.

B. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the City acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing.

C. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.

D. The City shall not issue a certificate of occupancy for an ADU or JADU before the certificate of occupancy is issued for the primary residence.

E. No subdivision of this City Code of Ordinances shall be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if a ADU or JADU complies with applicable development standards.

F. Prior to the issuance of a building permit for a JADU, the owner of the lot or parcel on which it is to be constructed shall record a deed restriction in a form satisfactory to the City attorney that includes the following:
20 Item 4.

Ordinance 897
Accessory Dwelling Units

1. A prohibition of the sale of the JADU separately from the sale of the primary residence, including a statement that the deed restriction may be enforced against future purchasers; and

2. A restriction on the size and attributes of the junior accessory dwelling unit that conforms with Section 65852.2 of the Government Code that regulates accessory dwelling unit.

17.55.130
Code Enforcement. The code enforcement officer may conduct a review of ADUs and JADUs within the city. The code enforcement officer or designee may enforce all provisions of this code and provisions of state law pertaining to the development, occupation, and maintenance of residential properties and accessory dwelling units, pursuant to the following provisions. A code enforcement officer may issue to an owner of an ADU or JADU a notice to correct a violation of any provision of any building standard or any failure to comply with this section.

A. The code enforcement officer shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to the following findings:

1. The accessory dwelling unit was built before January 1, 2020.

2. The accessory dwelling unit was built on or after January 1, 2020; however, at the time the unit was built, the City had a noncompliant accessory dwelling unit ordinance, but the unit is compliant at the time the request is made.

B. The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in Section 17.36.070, may submit an application to the City requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to protect health and safety.

C. The City shall grant an application described in Section 17.36.070.C if it is determined that correcting the violation is not necessary to protect health and safety. In making this determination, the zoning administrator shall consult with the code enforcement officer, building official, and/or the City of Sonora Fire Chief or designee pursuant to Section 13146 of the Health and Safety Code.

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.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. 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. 21 Item 4.

Ordinance 897
Accessory Dwelling Units

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on the 19th of September, 2022, and passed and adopted as Ordinance No. 897 at a regular meeting of the City Council held on the 3
rd of October, 2022 by the following vote:

AYES:

NOES:

ABSENT OR ABSTAIN:
____________________________________
Mark Plummer, Mayor
ATTEST:

Tracy Skelly, Deputy City Clerk
Approved as to Form:
__________________________________
Douglas L. White, City Attorney
Publish: The Union Democrat, Sonora
____________________, 2022
22 Item 4.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Aimee R. New, Fire Chief
SUBJECT: Assistance to Firefighter Grant (AFG) Award – EMW-2021-FG-05567

RECOMMENDATION
Staff recommends acceptance of the Assistance to Firefighter Grant (AFG) Award – EMW-2021-FG05567; and authorize the Fire Chief to approve and sign the contract to accept the award.

BACKGROUND
The Fire Department applied and was awarded $23,785.56 towards the purchase of an Extractor and drying cabinet for PPE (Personal Protective Equipment) through the Assistance to Firefighter Grants Program (AFG).

DISCUSSION
The City of Sonora Fire Department requested funding for one (1) high funding priority project. Our request was for the purchase of a PPE Washer/Extractor/Dryer (Turnout). The purchase directly affects first responder safety and will strategically advance our mission of providing and ensuring a safe working environment for our fire personnel. The PPE Washer/Extractor/Dryer will also allow harmful carcinogens to be removed from our personnel’s personal protective equipment.

The AFG grant is broken down by funds from the Federal Government of $23,785.56 and the 5% match portion $1,189.28 coming from the Fire Department 730 account.

FISCAL IMPACT
The Fire Department has Fund 730 with approximately $124,000. The department uses this fund for grant matching requirements. No effect to the General Fund. 23 Item 5.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Tracy Skelly, Administrative Analyst
SUBJECT: Disbursements in the amount of $194,130.63 for payroll

RECOMMENDATION
Approval of disbursements in the amount of $194,130.63 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 the month and was higher due to a leave payout for the retirement of an employee.

This payroll is the 7th payroll of 26 for FY22-23, we would have expected to expend 26.92% of the budgeted amount. In total, we have expended 23.20% of the Salaries and Wages for the FY 22/23 budget.

FISCAL IMPACT
Disbursements are part of the approved FY22-23 Budget. Payouts are budgeted and are expended from the Compensated Absences Fund.
24 Item 6.

CITY COUNCIL AGENDA REPORT
MEETING DATE:

TO:

FROM:

SUBJECT:

October 3, 2022
City Council Members
Melissa Eads, City Administrator
Chris Gorsky, Administrative Services Administrator
Adopt Resolution 10-03-2022-B Accepting the Finding of an Industrial Disability Retirement Pursuant to Government Code Section 21156.

RECOMMENDATION
Consider Adoption of Resolution No.10-03-2022-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 10-03-2022-B
25 Item 7.

RESOLUTION 10-03-2022-B

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA

APPROVING THE CALPERS INDUSTRIAL DISABILITY RETIREMENT FOR POLICE

OFFICER JOHN BOWLY
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, John Bowly (“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 08-01-22-A 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 has last day on payroll was September 17, 2022.

7. That there is not a possibility of third-party liability.

8. The primary disabling condition is a back injury and a right wrist 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.
26 Item 7.

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 3 rd day
of October, 2022, by _____________________, who moved its adoption, which motion was duly seconded by ___________________, and the Resolution adopted by the following vote:

AYES: ___________________________________________
NOES: ___________________________________________
EXCUSED: ___________________________________________
APPROVED:
_________________________
Mark Plummer,
Mayor of the City of Sonora
ATTEST:
________________________
City Clerk
City of Sonora
27 Item 7.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 03, 2022
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Sonora Police Officers’ Association (SPOA) Amendment No.1 to the Memorandum of Understanding

RECOMMENDATION
 Adopt Resolution 10-03-22-C approving Amendment No.1 to the Sonora Police Officers’ Association (SPOA) Memorandum of Understanding (MOU) dated 06/30/2021 – 06/30/2025.  Adopt Resolution 10-03-22-D approving the employee salary schedule for the Sonora Police Officers’ Association (SPOA) as per Amendment No.1 of the Memorandum of Understanding (MOU).

DISCUSSION
Law enforcement agencies across the United States are struggling to recruit and hire police officers.

Multiple social, political, and economic forces are all simultaneously at play in shaping the current state of recruitment and retention. For the City to maintain an effective Police Department and overcome these impediments there is a need for the City to offer competitive salaries.

The Sonora Police Officers’ Association did not ask for these increases. This request comes from City Administration and concerned department heads. We are facing emergency staffing levels and are at a point where action is needed to ensure an effective police department for the community. In 1975 the City had thirteen (13) sworn officers, today there are six (6) and calls for law enforcement have increased 44%. Due to the non-competitive salaries the City currently offers, the department has only been able to hire officers directly from the Police Academy, who lack the benefits of learning from and being trained by officers with a wealth of experience. This increases the liability exposure for the city.

The SPOA MOU was approved by the City Council on November 15, 2021. Since that time the City of Sonora has seen turnover in several sworn officer positions, including officers leaving for higher wages to other local agencies. As the City began recruiting for these openings, it was faced with a diminishing pool of well qualified candidates and in some cases, no applicants. An advertisement for the Sergeant position had nearly 4,000 online views without a call, email or any interest. As staff researched the cause of the absence of interest in City positions it was soon realized that the City’s pay rates for almost every position is under market and well below other competing agencies. In fact. the Sonora Police Department compensation was between 18%-38% lower than other comparable agencies. 28 Item 8.

As an example of how the City’s lower than market pay can impact recruitment; A Police Officer coming from another local agency would need to take a reduction in pay to become a Police Sergeant with the City of Sonora.

FISCAL IMPACT
The City is operating with a structural deficit. To continue operating at the current service levels new funding is necessary. Exactly the reason the City Council placed Measure Y, a one-cent sales tax, on the November ballot for approval. Without additional revenues the City will be forced to reduce critical services.

This change will increase General Fund salaries and benefits in the Sonora Police Department budget for FY22/23 by $168,000. An annual budgetary increase is approximately $218,000.

ATTACHED
Amendment #1 to the SPOA MOU
Resolution 10-03-22-C
Resolution 10-03-22-D
SPOA PayScale
29 Item 8.

AMENDMENT No.1 TO THE

MEMORANDUM OF UNDERSTANDING
DATED 07/01/2021 – 06/30/2025

BETWEEN THE CITY OF SONORA (CITY)
AND
THE SONORA POLICE OFFICERS’ ASSOCIATION (SPOA)
An agreement regarding Competitive Pay rates for the Full Time Sonora Police Officer Positions and the Full Time Sergeant Positions as defined in the Sonora Police Officers Association Memorandum of Understanding.

Effective October 15, 2022, the City agrees to a one-time Pay rate increase to assure competitive, market wages for the following positions:

POSITION % INCREASE
Police Officer 16%
Police Corporal 16%
Police Sergeant 23%
For the SONORA POLICE OFFICERS’ ASSOCIATION (SPOA)
_____________________________________
Thomas Brickley, SPOA President
____________________________________
Lina Balciunas Cockrell, SPOA Representative
For the CITY OF SONORA
__________________________________
Mark Plummer, Mayor
_________________________________
Melissa Eads, City Administrator
ATTEST:
__________________________
Tracy Skelly, City Clerk
30 Item 8.

RESOLUTION No. 10-03-2022-C

A RESOLUTION OF THE SONORA CITY COUNCIL APPROVING ADMENDMENT No.1 TO THE MEMORANDUM OF UNDERSTANDING
DATED JULY 1, 2021 – JUNE 30, 2025
OF THE SONORA POLICE OFFICERS’ ASSOCIATION
EFFECTIVE OCTOBER 15, 2022
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 Police Officers’ Association (SPOA) have met and conferred in good faith and have reached agreement on wage, hours and other terms and conditions of employment for all employees in the SPOA; and
WHEREAS, the only change to the agreed Memorandum of Understanding is outlined in Amendment #1 and all other terms and conditions are unchanged; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonora does hereby approve Amendment #1 to the Memorandum of Understanding of the Sonora Police Officers’ Association:

PASSED, APPROVED AND ADOPTED as a Resolution by the Sonora City Council at a meeting held by the City Council on the 3
rd day of October 2022, by the
following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mark Plummer, Mayor
ATTEST:

Tracy Skelly, City Clerk, City of Sonora
31 Item 8.

RESOLUTION No. 10-03-2022-D

A RESOLUTION OF THE SONORA CITY COUNCIL APPROVING THE SALARY

SCHEDULE FOR THE SONORA POLICE OFFICERS ASSOCIATION
EFFECTIVE OCTOBER 15, 2022
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, the authority to establish Pay Ranges for each Classification in appropriate bargaining units by resolution is the purview of the City Council; and WHEREAS, the City Council had previously approved the 2021 Sonora Police Officers’ Associations Memorandum of Understanding; and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonora does hereby approve the salary schedule for the Sonora Police Officers’ Association effective October 15, 2022:

PASSED, APPROVED AND ADOPTED as a Resolution by the Sonora City Council at a meeting held by the City Council on the 3
rd day of October 2022, by the
following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mark Plummer, Mayor
ATTEST:

Tracy Skelly, City Clerk, City of Sonora
32 Item 8.

Percentage to apply to all salaries 0.00%
Percentage between steps 5.00%
Percentage between grades 2.50%
Hours worked bi-weekly 80
Classification Step A
Police Officer Recruit $24.00
Police Officer $32.64
Police Corporal $35.66
Police Sergeant $41.01
Range
% Adder Bi-Weekly Hourly Bi-Weekly Hourly Bi-Weekly Hourly Bi-Weekly Hourly Bi-Weekly Hourly Bi-Weekly Hourly Police Officer Recruit 1600 0.0% $ 1,920.00 $ 24.00
3264 0.0% $2,611.20 $ 32.64 $2,741.60 $34.27 $2,878.40 $35.98 $3,022.40 $37.78 $3,173.60 $39.67 $3,332.00 $41.65 3346 2.5% $2,676.80 $ 33.46 $2,810.40 $35.13 $2,951.20 $36.89 $3,098.40 $38.73 $3,253.60 $40.67 $3,416.00 $42.70 3430 5.0% $2,744.00 $ 34.30 $2,881.60 $36.02 $3,025.60 $37.82 $3,176.80 $39.71 $3,336.00 $41.70 $3,503.20 $43.79 3516 7.5% $2,812.80 $ 35.16 $2,953.60 $36.92 $3,101.60 $38.77 $3,256.80 $40.71 $3,420.00 $42.75 $3,591.20 $44.89 3604 10.0% $2,883.20 $ 36.04 $3,027.20 $37.84 $3,178.40 $39.73 $3,337.60 $41.72 $3,504.80 $43.81 $3,680.00 $46.00 3694 12.5% $2,955.20 $ 36.94 $3,103.20 $38.79 $3,258.40 $40.73 $3,421.60 $42.77 $3,592.80 $44.91 $3,772.80 $47.16 3786 15.0% $3,028.80 $ 37.86 $3,180.00 $39.75 $3,339.20 $41.74 $3,506.40 $43.83 $3,681.60 $46.02 $3,865.60 $48.32 3881 17.5% $3,104.80 $ 38.81 $3,260.00 $40.75 $3,423.20 $42.79 $3,594.40 $44.93 $3,774.40 $47.18 $3,963.20 $49.54 3978 20.0% $3,182.40 $ 39.78 $3,341.60 $41.77 $3,508.80 $43.86 $3,684.00 $46.05 $3,868.00 $48.35 $4,061.60 $50.77 3566 0.0% $2,852.80 $ 35.66 $2,995.20 $37.44 $3,144.80 $39.31 $3,302.40 $41.28 $3,467.20 $43.34 $3,640.80 $45.51 3655 2.5% $2,924.00 $ 36.55 $3,070.40 $38.38 $3,224.00 $40.30 $3,385.60 $42.32 $3,555.20 $44.44 $3,732.80 $46.66 3746 5.0% $2,996.80 $ 37.46 $3,146.40 $39.33 $3,304.00 $41.30 $3,469.60 $43.37 $3,643.20 $45.54 $3,825.60 $47.82 3840 7.5% $3,072.00 $ 38.40 $3,225.60 $40.32 $3,387.20 $42.34 $3,556.80 $44.46 $3,734.40 $46.68 $3,920.80 $49.01 3936 10.0% $3,148.80 $ 39.36 $3,306.40 $41.33 $3,472.00 $43.40 $3,645.60 $45.57 $3,828.00 $47.85 $4,019.20 $50.24 4034 12.5% $3,227.20 $ 40.34 $3,388.80 $42.36 $3,558.40 $44.48 $3,736.00 $46.70 $3,923.20 $49.04 $4,119.20 $51.49 4135 15.0% $3,308.00 $ 41.35 $3,473.60 $43.42 $3,647.20 $45.59 $3,829.60 $47.87 $4,020.80 $50.26 $4,221.60 $52.77 4238 17.5% $3,390.40 $ 42.38 $3,560.00 $44.50 $3,738.40 $46.73 $3,925.60 $49.07 $4,121.60 $51.52 $4,328.00 $54.10 4344 20.0% $3,475.20 $ 43.44 $3,648.80 $45.61 $3,831.20 $47.89 $4,022.40 $50.28 $4,223.20 $52.79 $4,434.40 $55.43 4101 0.0% $3,280.80 $41.01 $3,444.80 $43.06 $3,616.80 $45.21 $3,797.60 $47.47 $3,987.20 $49.84 $4,186.40 $52.33 4204 2.5% $3,363.20 $42.04 $3,531.20 $44.14 $3,708.00 $46.35 $3,893.60 $48.67 $4,088.00 $51.10 $4,292.80 $53.66 4309 5.0% $3,447.20 $43.09 $3,619.20 $45.24 $3,800.00 $47.50 $3,990.40 $49.88 $4,189.60 $52.37 $4,399.20 $54.99 4417 7.5% $3,533.60 $44.17 $3,710.40 $46.38 $3,896.00 $48.70 $4,091.20 $51.14 $4,296.00 $53.70 $4,511.20 $56.39 4527 10.0% $3,621.60 $45.27 $3,802.40 $47.53 $3,992.80 $49.91 $4,192.80 $52.41 $4,402.40 $55.03 $4,622.40 $57.78 4640 12.5% $3,712.00 $46.40 $3,897.60 $48.72 $4,092.80 $51.16 $4,297.60 $53.72 $4,512.80 $56.41 $4,738.40 $59.23 4756 15.0% $3,804.80 $47.56 $3,995.20 $49.94 $4,195.20 $52.44 $4,404.80 $55.06 $4,624.80 $57.81 $4,856.00 $60.70 4875 17.5% $3,900.00 $48.75 $4,095.20 $51.19 $4,300.00 $53.75 $4,515.20 $56.44 $4,740.80 $59.26 $4,977.60 $62.22 4997 20.0% $3,997.60 $49.97 $4,197.60 $52.47 $4,407.20 $55.09 $4,627.20 $57.84 $4,858.40 $60.73 $5,101.60 $63.77 Revised: 10/1/2022
25%
SONORA POLICE OFFICERS’ ASSOCIATION SALARY RANGE TABLE
EFFECTIVE 10/15/2022
Notes: Increase 3.0% COLA for Safety, Dispatch and Non-Sworn Step A Step B Step C Step D

2.5% Longevity Pay After 10 Years Of City Service, And Every Five Years Thereafter. Educational Degree Incentive: 2.5% for Associates /2.5% for Bachelors/2.5% for Masters (As Amended By Letter of Understanding from July 1, 2014 through June 30, 2015). Certificate Pay: 2.5% for Basic Cert (only if employment date is prior to July 1, 2013)/2.5% for Intermediate Cert/2.5% for Supervisory Cert (if in a supervisory position)/5.0% for Advanced Cert Assignments: 5.0% for Investigator/Computer Network Manager/Field Training Officer/Dispatch Field Training Officer/Traffic Officer Step E Step F
5% 10% 15% 20%
Police Corporal
0%
Police Officer
Police Sergeant
33 Item 8.
{CW116399.1}

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Melissa Eads, City Administrator
Douglas L. White, City Attorney
SUBJECT: Approve Resolution No. 10-03-2022-E, A Resolution of the City Council of the City of Sonora, confirming that no changes are necessary to the City of Sonora’s Conflict of Interest Code

RECOMMENDATION
Motion to approve Resolution No. 10-03-2022-E, A Resolution of the City Council of the City of Sonora, confirming that no changes are necessary to the City of Sonora’s Conflict of Interest Code.

DISCUSSION
The Political Reform Act of 1974 requires that cities and other local agencies adopt local conflict of interest codes. The City of Sonora’s (“City”) conflict of interest code (“Code”) requires disclosure of financial interests of certain employees, consultants, and members of Commissions if these persons are likely to be involved in decision-making that could affect their own financial interests. All public employees must comply with the State's general conflict of interest laws by abstaining from influencing or making decisions that would affect their own financial interests. Additionally, each employee who holds a position designated in the City's Code must disclose specified types of financial interests in a Statement of Economic Interest - Form 700, that is filed annually with the City Clerk.

State law requires every local governmental agency to periodically review its Code to determine whether it is accurate and up to date. City staff has determined upon review of the City’s Code that there are no necessary changes with respect to designated positions based on the City’s current job classifications and duties.

FISCAL IMPACT
None

ATTACHMENTS
Resolution
Conflict of Interest Code
34 Item 9.
{CW116508.1}

EXHIBIT A

CONFLICT OF INTEREST CODE FOR THE

CITY OF SONORA
The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations, section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations, section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the CITY OF SONORA.

Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction (Government Code Section 81008).

Those city officials required to file Form 700 shall submit their statements to the City Administrator or their designee, who shall be and shall perform the duties of the filing officer for the City. Statements for all other designated employees will be retained by the agency. 35 Item 9.
{CW116508.1}

APPENDIX
(Designated Employees and Categories Listed by Number and Required to File a Form 700 with the City Clerk)

1. Consultants
Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in this Conflict of Interest Code, subject to the following limitation:

The City Administrator may determine in writing that a particular consultant, although a “designated position”, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements.

The City Administrator’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

2. Other Designated Positions and Disclosure Categories Community Development Director: #1 #2 #3
City Engineer: #1 #2 #3
Chief of Police: #1 #2 #3
Fire Chief: #1 #2 #3
Parking & Traffic Commission Members #1 #2 #3
Consultant(s) to the Community
Development Department: #1 #2 #3
City Clerk #1 #2 #3
36 Item 9.
{CW116508.1}

DISCLOSURE CATEGORIES
#1 Investments, business positions, and income from sources located in or doing business in the City.

Interests in real property located in the City, including property within a 2-mile radius of any property owned or used by the City.
#2 Investments, business positions, and sources of income of the type which: provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
#3 Investments, business positions, and sources of income of the type which: engage in land development, construction, or purchase or sales of real property; and interests in real property located in the City, including property located within a 2- mile radius of property owned or used by the City.

3. Public Officials
The positions below are subject to Government Code section 87200 and will file a Form 700 Statement of Economic Interests:

Administrative Services Director
City Council (Mayor and Council Members)
Planning Commission (Commissioners)
Successor Agency to the City of Sonora Redevelopment Agency (Board Members) City Administrator
City Attorney
City Treasurer
37 Item 9.
{CW116510.1}
RESOLUTION 10-03-2022-E

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA

CALIFORNIA, CONFIRMING THAT NO CHANGES ARE NECESSARY
TO THE CITY OF SONORA’S CONFLICT OF INTEREST CODE
WHEREAS, the state of California requires the City of Sonora (“City”) to adopt, promulgate, and amend a Conflict of Interest Code pursuant to the Political Reform Act, Government Code section 87300 et seq. (the “Act”); and
WHEREAS, the Act requires each local agency conduct a review of its Conflict of Interest Code every two (2) years; and
WHEREAS, the City has conducted its biennial review required by the Act and determined that no revisions to the City’s Conflict of Interest Code are necessary to remain in compliance with said Act.

NOW, THEREFORE, BE IT RESOLVED that the City confirms that no changes are necessary to its Conflict of Interest Code as set forth in Exhibit “A” attached hereto and incorporated herein by this reference.

PASSED AND ADOPTED as a Resolution of the City Council of the City of Sonora at a regular meeting held on the 3rd day of October 2022, by the following vote:

AYES: ________________________________________________________________ ________________________________________________________________ NOES: ________________________________________________________________ ABSTAIN: ________________________________________________________________ ABSENT: ________________________________________________________________ Signed and Dated:
__________________________________
Mark Plummer
Mayor of the City of Sonora
ATTEST:
_____________________________
Tracy Skelly
Sonora City Clerk
38 Item 9.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Aimee R. New, Fire Chief
SUBJECT: 2022 Rural Fire Capacity Grant

RECOMMENDATION
Staff recommends acceptance of the 2022 Rural Fire Capacity Grant Resolution 10-03-2022-A and designate the Fire Chief as the City’s representative to sign the agreements on behalf of the City of Sonora Fire Department.

BACKGROUND
Accepting the Rural Fire Capacity grant will allow the Fire Department to purchase Wildland Safety Equipment, Structural personal safety equipment, and radio equipment at a 50/50 match with the Department of Forestry and Fire Protection.

DISCUSSION
Request that the City Council by motion accept the 2022 Rural Fire Capacity Grant Resolution 10-03- 2022-A in the amount of $27,960.00 and that the City Council designate the Fire Chief as the City’s representative to sign the agreements on behalf of the City of Sonora Fire Department. Funding will be from the fund 710-6000-51140 for the City’s’ matching funds of $13,980.00.

FISCAL IMPACT
The Fire Department has Fund 730 with approximately $124,000. The department uses this fund for grant matching requirements. No effect to the General Fund. 39 Item 10.

RESOLUTION NO. 10-03-2022A

A RESOLUTION OF THE CITY OF SONORA APPROVING THE DEPARTMENT OF FORESTRY AND FIRE PROTECTION AGREEMENT #7GF22017 FOR SERVICES FROM THE DATE OF LAST SIGNATORY ON PAGE 1 OF THE AGREEMENT TO JUNE 30, 2023 UNDER THE VOLUNTEER FIRE CAPACITY GRANT PROGRAM OF THE COOPERATIVE FORESTRY ASSISTANCE ACT OF 1978.

BE IT RESOLVED by the City Council of the City of Sonora that said council does hereby approve the Agreement with the California Department of Forestry and Fire Protection dated as of the last signatory date on page 1 of the Agreement, and any amendments thereto. This Agreement provides for an award, during the term of this Agreement, under the Volunteer Fire Capacity Grant Program of the Cooperative Fire Assistance Act of 1978 during the State Fiscal Year 2022-23 up to and no more than the amount of $13,980.00.

BE IT FURTHER RESOLVED that the Fire Chief, Aimee New, of the City of Sonora Fire Department be and hereby is authorized to sign and execute said Agreement and any amendments of behalf of the City of Sonora.

The foregoing resolution was duly passed and adopted by the City Council of the City of Sonora, at a regular meeting thereof, held on the 3rd day of October 2022 by the following vote:

Ayes: _________________________
Signature, Sonora City Mayor
Nays:
_________________________
Printed Name and Title

Absent:

CERTIFICATION OF RESOLUTION
Attest:

I, Tracy Skelly, City Clerk of the City of Sonora, County of Tuolumne California do hereby certify that this is a true and correct copy of the original Resolution Number 10- 03-2022A.

Witness my hand and the seal of the City of Sonora on this 3rd day of October 2022. _____________________________ OFFICIAL SEAL
City Clerk
City of Sonora
40 Item 10.
41 Item 10.
42 Item 10.
43 Item 10.
44 Item 10.
45 Item 10.
46 Item 10.
47 Item 10.

CITY COUNCIL AGENDA REPORT
MEETING DATE: October 3, 2022
TO: City Council Members
FROM: Doug White, City Attorney
SUBJECT: Government Code Section 52953(e): Modified Brown Act Procedures During a Declared Emergency

RECOMMENDATION
Discuss rescinding Resolution 09-19-2022-A authorizing remote teleconferencing meetings of the City Council and its committees and commissions for 30 days pursuant to Government Code Section 52953(e) Brown Act provisions.

DISCUSSION
The City Council has requested more information from Counsel regarding rescinding the Resolution authorizing remote teleconferencing meetings of the City Council and its committees and commissions. 48 Item 11.