CITY COUNCIL REGULAR MEETING - JANUARY 17, 2023 PAGE 1 OF 3
CITY COUNCIL REGULAR MEETING
Tuesday, January 17, 2023 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 Tuesday, January 17, 2023, 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. 12-19-2022-A.
THIS MEETING IS PHYSICALLY OPEN TO THE PUBLIC AND MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:
Zoom Meeting Link:
https://us06web.zoom.us/j/81193397821?pwd=UGdrRTcyaFFac3o0b2JQK2FmMTRyUT09 Dial: (669) 444-9171
Meeting ID: 811 9339 7821
Passcode: 906625
MEMBERS OF THE PUBLIC WILL BE GIVEN THE OPPORTUNITY TO PROVIDE COMMENT.
THIS MEETING WILL BE LIVE STREAMED ON THE CITY'S WEBSITE AT www.sonoraca.com.
Written comments can be submitted to be included as part of the administrative record; they will not be read during the meeting. All comments must be received by 3:00 pm on the day of the noticed meeting and can be submitted to the City Clerk at 94 N. Washington Street Sonora, CA 95370 or via email to [email protected].
CLOSED SESSION - 4:00 PM
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
ADJOURN INTO CLOSED SESSION
1 CITY COUNCIL REGULAR MEETING - JANUARY 17, 2023 PAGE 2 OF 3
1. Conference with Legal Counsel – Existing Litigation (Government Code section 54956.9 (d)(1)); Name of Case: Jaycee Alameda v. City of Sonora, et al., Tuolumne Superior Court Case No. CV 63114; Doug White, City Attorney.
2. Conference with Legal Counsel – Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section § 54956.9: 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
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.
3. Consider approval of disbursements in the amount of $151,396.32 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.
4. Consider Adoption of Resolution 01-17-2023-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; Tracy Skelly, Administrative Services Officer.
UNFINISHED BUSINESS
5. Discuss and consider adoption of Resolution No. 01-17-2023-B authorizing the termination and dissolution of the Tuolumne County Economic Development Authority (“TCEDA”); Melissa Eads, City Administrator.
NEW BUSINESS
2 CITY COUNCIL REGULAR MEETING - JANUARY 17, 2023 PAGE 3 OF 3
6. Consider approval of vendor selection for a citywide compensation study and authorize the City Administrator to sign the contract; Chris Gorsky, Administrative Services Director.
MONTHLY REPORTS
7. Receive the Sonora Administrative Services Department monthly report for November 2022; Chris Gorsky, Administrative Services Director.
8. Receive the Sonora Community Development Department Report for December 2022; Rachelle Kellogg, Community Development Director.
9. Receive the Sonora Fire Department monthly report for December 2022; Aimee New, Fire Chief.
10. Receive the Sonora Police Department monthly report for December 2022; Turu VanderWiel, Police Chief.
11. Receive the Sonora Public Works Department monthly report for December 2022; Rachelle Kellogg, Community Development Director, Michael Lagomarsino, Public Works Supervisor.
COMMUNICATIONS
12. Receive communications from the Tuolumne County Review Council.
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: January 17, 2023
TO: City Council Members
FROM: Tracy Skelly, Administrative Services Officer
SUBJECT: Disbursements in the amount of $151,396.32 for payroll
RECOMMENDATION
Consider approval of disbursements in the amount of $151,396.32 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 1st payroll of the month, which was an expected amount.
This payroll is the 14th payroll of 26 for FY22-23, we would have expected to expend 53.84% of the budgeted amount. In total, we have expended 47.58% of the Salaries and Wages for the FY 22/23 budget.
FISCAL IMPACT
Disbursements are part of the approved FY22-23 Budget.
4 Item 3.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Melissa Eads, City Administrator
Prepared by Tracy Skelly, Administrative Services Officer SUBJECT: Government Code Section 52953(e): Modified Brown Act Procedures During a Declared Emergency
RECOMMENDATION
Consider Adoption of Resolution 01-17-2023-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
Since the beginning of the COVID-19 Pandemic, Governor Newsom has issued several Executive Orders that have waived certain Brown Act requirements and allowed remote meetings without compliance with the standard teleconferencing procedures. The Governor’s Executive Orders waived requirements during the health emergency through September 30, 2021.
On September 16, 2021, the Governor signed AB 361 which created exceptions to remote meeting requirements found in the Brown Act. The law became effective on October 1, 2021 and allows any legislative body that wishes to meet remotely without complying with the standard teleconference procedures to make findings pursuant to AB 361 every 30 days. The decision to continue in person or make findings to move to remote meetings for City Committee and Commissions must be made by the legislative body, i.e., the City Council.
AB 361 suspends the standard requirements in Government Code Section 54593(b)(3). The modified teleconference requirements include:
• During a declared emergency by the Governor,
• Agendas do not need to be posted at all teleconference locations, • Agendas do not need to identify each teleconference location, • Agencies are not required to make each teleconference location accessible to the public, • There is no requirement that councilmembers participate from within the territorial boundaries of the jurisdiction,
• Each agenda must include notice to the public as to how members may access the meeting and offer public comment,
5 Item 4.
• The agenda shall identify and include an opportunity for all persons to attend via a call-in or internet-based service option,
• Members of the public are allowed to access the meeting remotely, • In the event of a disruption which prevents the agency from broadcasting the meeting to the public, or in the event of a disruption within the local agency's control which prevents the public from offering public comments, the body shall take no further action on items appearing on the meeting agenda until the public access is restored,
• Written/remote public comment must be accepted until the point at which the public comment period is closed,
• The public shall not be required to register with the local agency to provide comment, however if a 3 rd party provider such as Zoom requires registration such requirement is acceptable as long as the public agency does not control this 3rd party provider.
Legislative bodies wishing to hold remote meetings under AB361 must meet the following criteria:
1. the local agency is holding a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing; and
2. the local agency is holding a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and
3. the local agency is holding a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risk to the health or safety of attendees.
On July 6, 2021, the City Council approved by a 3-2 vote to allow for in-person meetings and to suspend teleconferencing at City Council meetings.
October 18, 2021, the City Council directed staff to bring forth a resolution making findings pursuant to AB 361. The Council also directed staff to continue with in person meetings for City Council meetings but make available the ability for City committees and commissions to meet remotely via teleconferencing.
The City Council originally adopted 11-01-2021-B on November 1, 2021, to comply with the requirements of AB 361.
The City Council then adopted 12-06-2021-B on December 6, 2021, in compliance with the requirements of AB 361.
The City Council then adopted 01-18-2022-A on January 18, 2022, in compliance with the requirements of AB 361.
The City Council then adopted 02-22-2022-B on February 22, 2022, in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 03-21-2022-A on March 21, 2022, in compliance with the requirements of Government Code Section 54593(b)(3).
6 Item 4.
The City Council then adopted 04-18-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 05-16-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 06-21-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 07-18-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 08-15-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 09-19-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 10-17-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 11-21-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
The City Council then adopted 12-19-2022-A in compliance with the requirements of Government Code Section 54593(b)(3).
Staff recommends the Council adopt Resolution 01-17-2023-A that authorizes remote teleconferencing meetings of the City Council and its committees and commissions for 30 days pursuant to Government Code Section 54593(b)(3).
FISCAL IMPACT
No fiscal impact to the General Fund.
ATTACHMENTS
Resolution No. 01-17-2023-A
7 Item 4.
RESOLUTION 01-17-2023-A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA PROCLAIMING AND
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL AND ITS COMMITTEES AND COMMISSIONS FOR 30 DAYS PURSUANT TO GOVERNMENT CODE SECTION 62953(E) BROWN ACT PROVISIONS
WHEREAS, the City of Sonora is committed to preserving and nurturing public access and participation in meetings of the City Council and its committees and commissions; and WHEREAS, all meetings of the City Council and its committees and commissions are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 -54963), so that any member of the public may attend, participate, and watch the City Council and its committees and commissions conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meeting by members of the legislative body, without compliance with the requirements of Government Code section 54953 (b)(3), subject to existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster of extreme peril to the safety of persons and property within the state cause by conditions as described in Government code 8558; and
WHEREAS, a proclamation is made when there is an actual incident, there of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries caused by natural, technological, or human-caused disasters; and WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, on March 4, 2020, the Governor proclaimed pursuant to his authority under the California Emergency Services Act, California Government Code section 8625, that a state of emergency exists with regard to a novel coronavirus (a disease now known as COVID-19); and WHEREAS, on June 4, 2021, the Governor clarified that reopening of California on June 15, 2021, did not include any change to the proclaimed state of emergency or the powers exercised thereunder; and WHEREAS, on June 11, 2021, Governor Newsom also issued Executive Order N-08-21, which set expiration dates for certain paragraphs of the State of Emergency Proclamation dated March 4, 2020, and other Executive Orders but did not rescind the proclaimed state of emergency; and WHEREAS, as of the date of this Resolution, neither the Governor nor the state Legislature have exercised their respective powers pursuant to Government Code section 8629 to lift the state of emergency either by proclamation or by concurrent resolution the state Legislature; and WHEREAS, the California Department of Industrial Relations has issued regulations related to COVID19 Prevention for employees and places of employment. Title 8 of the California Code of Regulations, Section 3205(5)(D) specifically recommends physical (social) distancing as one of the measures to 8 Item 4.
decrease the spread of COVID-19 based on the fact that particles containing the virus can travel more than six feet, especially indoors; and,
WHEREAS, the City Council finds that state or local officials have imposed or recommended measures to promote social distancing, based on the California Department of Industrial Relations' issuance of regulations related to COVID-19 Prevention through Title 8 of the California Code of Regulations, Section 3205(5)(D); and
WHEREAS, City Council meetings shall be conducted by a hybrid model of both in-person and teleconference and committee and commission meetings may participate by teleconferencing, and members of the public may also participate virtually in committee and commission meetings; and WHEREAS, on occasion a Councilmember may need to appear and participate in a City Council meeting remotely in order to comply with Public Health guidance, the City desires to allow such participation using the requirements of Government Code Section 52953(e);
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. The City Council acknowledges the Governor has declared a state of emergency related to the novel coronavirus and hereby proclaims that state officials have imposed or recommended measures to promote social (physical) distancing based on the California Department of Industrial Relations' issuance of regulations related to COVID-19 Prevention through Title 8 of the California Code of Regulations, Section 3205(5)(D).
Section 3. Remote Teleconference Meetings. The City Administrator is hereby authorized and directed to take all actions necessary to conduct the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of December 31, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
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 December 19, 2022, by the following votes:
AYES:
NOES:
ABSENT:
9 Item 4.
Signed and dated:
Mark Plummer
Mayor of the City of Sonora
ATTEST:
Tracy Skelly
City Clerk
10 Item 4.
{CW121154.3}
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Melissa Eads, City Administrator
SUBJECT: Adopt a Resolution authorizing the termination and dissolution of the Tuolumne County Economic Development Authority
RECOMMENDATION:
Discuss and adopt a resolution authorizing the termination and dissolution of the Tuolumne County Economic Development Authority (“TCEDA”).
DISCUSSION:
On September 15, 2008, the TCEDA was formed by the County of Tuolumne (“County”) and the City of Sonora (“City”) in accordance with the provisions of the Joint Exercise of Powers Act in the California Government Code. The purpose of the TCEDA was to effectively implement, coordinate and administer general economic development programs within the County, including the City.
On February 19, 2019, the Board of Supervisors for the County voted to withdraw from the TCEDA. On the same day, the Sonora City Council accepted the Board of Supervisors’ written notice of withdrawal and concurred with the County’s desire to dissolve the TCEDA. Since that time, the County and City have worked to finalize and wind up TCEDA matters and to separately determine how each agency will handle economic development services respectively. The City and County have no plans to use the TCEDA in the foreseeable future, and there are no remaining assets or liabilities.
OPTIONS:
Council’s options are to:
1. Adopt the resolution; or
2. Reject the resolution in its entirety.
11 Item 5.
{CW121154.3}
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution authorizing the termination and dissolution of the TCEDA 12 Item 5.
{CW121146.1} Page 1 of 2
RESOLUTION NO. 01-17-2023-B
RESOLUTION OF THE SONORA CITY COUNCIL TERMINATING THE JOINT
EXERCISE OF POWERS AGREEMENT WHICH ESTABLISHED THE TUOLUMNE
COUNTY ECONOMIC DEVELOPMENT AUTHORITY
WHEREAS, on September 15, 2008, the Joint Powers Authority entitled the Tuolumne County Economic Development Authority (“TCEDA”) was formed by the County of Tuolumne and the City of Sonora (the “Parties”) pursuant to California Government Code Sections 6500 et seq.; and
WHEREAS, on February 19, 2019, the Tuolumne County Board of Supervisors voted to withdraw from TCEDA and
WHEREAS, on February 19, 2019, the Sonora City Council accepted the Board of Supervisors’ written notice of withdrawal and concurred with the County’s desire to dissolve the TCEDA; and
WHEREAS, pursuant to the Joint Powers Authority agreement and bylaws, the parties have mutually agreed to dissolve the TCEDA, all debts and advances of the TCEDA have been paid, the property of the TCEDA was divided among and distributed to the Parties; and
WHEREAS, the TCEDA has no remaining assets or liabilities; and WHEREAS, the Parties have no plans to use the TCEDA in the foreseeable future; and
WHEREAS, California Government Code Section 6510 authorizes a joint powers agreement to be terminated by the terms of the agreement; and WHEREAS, Article VIII of the Amended Joint Powers Agreement of the TCEDA 2011 provides the process for termination, which have been complied with by the Parties.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SONORA AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated into this Resolution by this reference.
Section 2. The City of Sonora authorizes the termination and dissolution of the Tuolumne County Economic Development Authority.
13 Item 5.
{CW121146.1} Page 2 of 2
Section 3. The TCEDA’s operations and activities have ceased, the TCEDA has been inactive, and there are no further assets or liabilities.
Section 4. The Parties are hereby directed and authorized to do and perform all such acts necessary in order to fulfill the intent of this Resolution. All actions heretofore taken by officers, employees or agents of the TCEDA that are in conformity with the purposes and intent of this Resolution are hereby approved, confirmed and ratified.
PASSED, APPROVED, AND ADOPTED AS A RESOLUTION BY THE SONORA CITY COUNCIL AT A MEETING HELD BY THE CITY COUNCIL ON THE 17th DAY OF JANUARY 2023, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
________________________________ _______________________________ Tracy Skelly Mark Plummer
City Clerk Mayor
14 Item 5.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Vendor Selection for Citywide Compensation Study
RECOMMENDATION
Consider approval of vendor selection for a citywide compensation study and authorize the City Administrator to sign the contract.
BACKGROUND
In an effort to maintain our current staff and attract new employees, a citywide compensation study is recommended by staff. A well-designed and competitive compensation plan is a key part of delivering quality public services to the community. A classification study and update was conducted in 2017 by Koff and Associates.
DISCUSSION
Staff developed a Request for Proposals (RFP) and distributed it to vendors who specialize in completing human resource/organizational analysis and compensation and classification studies as well as posted the RFP on the City’s webpage and the Union Democrat. The RFP was issued on October 26, 2022, with a deadline for the submittal of proposals on November 30, 2022. Three proposals were received in response to the RFP; Regional Government Services (RGS), Ralph Anderson & Associates, and Clemans, Nelson & Associates, Inc.
The Request for Proposals (RFP) asked for qualified firms and individuals to submit proposals for professional consulting services to conduct a citywide compensation study.
During the review and evaluation of the proposals, Regional Government Services (RGS) was the preferred vendor. Therefore, it is the staff’s recommendation to enter into an agreement with Regional Government Services (RGS) to conduct the City’s Comprehensive Compensation Study.
Compensation Plan
The compensation plan requires the Consultant to complete a comprehensive total compensation study using comparable agencies, agreed upon by the City and City Associations, using not only job titles but duties and responsibilities based upon the classification specifications from the City. To accomplish this, the Consultant will complete an internal base salary relationship analysis and develop appropriate internal relationship guidelines. A written report of the findings and recommendations will be prepared to include a discussion of methods, techniques, and data used to develop the Compensation Plan. 15 Item 6.
Proposals submitted in response to the RFP were responsive to City’s request and included all elements of the City’s defined scope of work. The key differences in the proposal were cost and data collection and analysis.
FISCAL IMPACT
The contract’s total estimated cost is not to exceed $31,500.00 and was budgeted as part of the $100,00 budget for an organizational review and compensation study in the FY22/23 Budget.
ATTACHMENT
Sample Contract for Professional Services
16 Item 6.
SAMPLE AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the ________, day of________, 2023 by and between the CITY OF SONORA, a municipal corporation ("City"), and SAMPLE (“Consultant").
RECITALS:
A. Consultant is specially trained, experienced, and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
C. City desires to retain Consultant to render professional services as set forth in this Agreement.
AGREEMENT
1. Scope of Services. The Consultant shall furnish the following services in a professional manner:
“Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time.”
2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City.
3. Compensation. Compensation to be paid to Consultant shall be no more than $SAMPLE_. In no event shall Consultant's compensation exceed $SAMPLE without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.
5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City.
6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.
7. Ownership of Documents. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees and agents, and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon 17 Item 6.
payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents, and other writings to City upon written request by City. Consultant shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose.
8. Consultant's Books and Records.
a. Consultant and sub-consultants, shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant and sub-consultants, shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Auditor, or a designated representative of these officers.
Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of Consultant's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.
9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.
10. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.
Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and 18 Item 6.
b. possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)
11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement.
Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed under this Agreement shall be in accordance with applicable legal requirements and meet the standard of quality ordinarily expected of competent professionals in Consultant's field of expertise.
12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state, and local laws, codes, ordinances, and regulations.
13. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance, and approvals which are legally required of Consultant to practice its profession.
14. Indemnity, Consultant shall indemnify and hold harmless City, its elected and appointed officials, officers, employees, and volunteers (collectively, “City”) from losses, costs, liabilities, and expenses for any damage, injury or death (collectively, “Liability”) arising directly or indirectly from or connected with the services provided under this Agreement to the extent that such Liability is caused by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subcontractors, consultants, or any person under its direction or control and shall make good to and reimburse City for any expenditures, including reasonable attorneys’ fees, the City may incur by reason of such matters. Consultant’s obligations under this Section shall exist regardless of concurrent negligence or willful misconduct on the part of the City or any other person; provided, however, that Consultant shall not be required to indemnify City for the proportion of Liability a court determines is attributable to the negligence or willful misconduct of the City. The City acknowledges that this indemnity does not require the Consultant to provide an up-front legal defense to the City. This indemnification clause shall survive the termination or expiration of this Agreement.
Consultant further agrees to provide, at Consultant’s expense, reasonable assistance to the City in responding to third-party claims to the extent such claims implicate the quality of the Consultant’s performance under this Agreement, which assistance shall include selection, management, and compensation of expert witnesses as necessary to substantiate or defend the quality of the Consultant’s performance under this Agreement, as well as making Consultant’s employees and project work product available as reasonably necessary to assist in the defense of such claims. This shall not preclude the City from recovering its reasonable attorneys’ fees and defense costs in responding to third-party claims to the extent such claims are found to have been caused by the Consultant’s negligence or willful misconduct.
15. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and 19 Item 6.
Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for City.
ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired, and non-owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors, or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or sub-consultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims-made annual aggregate basis, or a combined single limit per occurrence basis.
b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A: VII and shall be endorsed with the following specific language:
i. The City, its elected or appointed officers, officials, employees, agents, and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance with respect to the City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees, or agents.
v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers.
20 Item 6.
vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before the commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement.
16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Sonora
94 N Washington Street
Sonora CA 95370
Attention: Melissa Eads, City Administrator
If to Consultant: SAMPLE
17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the Agency and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.
18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City special counsel.
19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant.
Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.
20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
22. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to 21 Item 6.
recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.
23. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.
24. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.
25. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.
26. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
27. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan, or other related programs or guidelines currently in effect or hereinafter enacted.
IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.
CITY OF SONORA: SAMPLE
By: By: ______________________________
Melissa Eads, SAMPLE
City Administrator SAMPLE
22 Item 6.
ATTEST:
Tracy Skelly
City Clerk
APPROVED AS TO FORM:
Douglas White, City Attorney
23 Item 6.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Administrative Services Department Report for November 2022
RECOMMENDATION
Receive the Administrative Services Department Report for November 2022
DISCUSSION
Monthly Report to the City Council
November 2022
Highlights of General Fund Revenues:
Current Period YTD FY22/23 Budget % of Budget
Property Tax $ 94,169 $ 111,111 $1,374,800 8.1%
Sales Tax $ 289,834 $ 1,369,284 $3,397,100 40.3%
Transient Occupancy Tax $ 39,378 $ 321,239 $ 490,000 65.6% Cannibis Public Benefit Fees $ 49,100 $ 240,470 $ 525,000 45.8% Building Permits $ 10,500 $ 44,682 $ 95,000 47.0%
Business Licenses $ 685 $ 107,510 $ 120,000 89.6%
Highlights of General Fund Expenditures:
Current Period YTD FY22/23 Budget % of Budget
Salaries and Benefits $ 464,542 $ 2,693,813 $6,986,250 38.6% Operating Expenditures $ 160,813 $ 905,021 $2,199,950 41.1% Transfers $ - $ 79,993 $ 112,000 71.4%
A/P YTD H/R YTD
Total Number of Checks/DD Processed: 99 607 129 635
Current Staff Recruitments: Community Development Sepecialist I/II Public Works Assitant
Deputy City Clerk - Exec Assistant
Community Service Officer
Business License Activity:
Current Month
Zone A
Current Month
Zone B
YTD
Zone A
YTD
Zone B
Licenses Issued 1 11 8 63
The Administrative Services Department provides a wide range of comprehensive support services which include: accounting, finance administration and reporting, budgeting, audit, compliance, treasury management, payroll, human resources, recruitments, accounts receivable, local tax collection, accounts payable, procurements, business license management, risk management, information technology for the City.
24 Item 7.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Rachelle Kellogg, Community Development Director
SUBJECT: Community Development Department Report for December 2022
RECOMMENDATION
Receive the Community Development Department Report for December 2022
DISCUSSION
In addition to the day-to-day operations of the Department, staff completed the following items:
CHRISTMAS ACTIVITIES – Staff wrapped up all of the City sponsored Christmas activities. Public Works has removed most of the Christmas decorations and should finish next week depending on storm activity.
STORMS – Staff’s time has been consumed by storm related calls from the public, inspections, reports and scheduling work. Some of this is related to City owned facilities and others on private property.
Staff has also been proactively addressing/noting areas of potential failures and hazards in anticipation of future storms.
WASHINGTON-STOCKTON TRANSIT PROJECT – Contracts have been executed with the Construction Contractor Dirt Dynasty, Inc. and the Construction Engineer UNICO Engineering for the project and the Notice to Proceed has been issued. Staff is finalizing submittals to Caltrans and coordinating their involvement during construction. The Construction Engineer and staff have been review and approving project submittals. The Pre-Construction Meeting will be held on January 17th during which staff will address the required Caltrans items and those specific to the project. A start of construction date will also be set at the meeting.
SIGN ORDINANCE – The Sign Ordinance was adopted by the City Council, as presented by staff, at their November 21, 2022 meeting. It went into effect on December 21, 2023 and staff process the sign applications that were awaiting this date. Staff will begin inspecting the commercial areas of the City and working with businesses that need to modify their signs.
BUILDING PERMIT ACTIVITY – Building permit activity continues to be strong and staff has met with several individuals who are looking to do projects within the City. Most of which plan on getting their applications in over the next few months in anticipation of the Community Development Director’s pending retirement.
25 Item 8.
MONTH OF,
NOVEMBER 2022
COMMUNITY DEVELOPMENT
DEPARTMENT
ACTIVITY REPORT
CITY OF SONORA 94 N.
WASHINGTON ST.
SONORA, CA 95370
NAME LOCATION TYPE VALUATION FEES
NEW RESIDENTIAL TOTAL UNITS ______1__
1 456 MC GOWAN ST SINGLE FAM.
DWELLING
$277,000 $4,031.51
SUBTOTAL ___1____
CDBG REHABS TOTAL UNITS _________
SUBTOTAL _____0___
COMMERCIAL TOTAL UNITS __0_____
SUBTOTAL _____0__
ALTERATIONS & ADDITIONS TOTAL UNITS _12___
WLI LLC REMODEL AND
ADD 140 SQ. FEET
355 HOSPITAL
ROAD $28,000 $ 446.55
GHOMIZADEH
ANITA
GHOMIZADEH
MASSOUD
NEW FIRE ALARM -
EMERGENCY
REPAIR
1071 SANGUINETTI
RD $9,500
$ 1,054.51
CASHKOW LLC
REPLACED NEW
BURNED DOWN
RESIDENCE & ADU
456 MC GOWAN ST
$ 277,000.00 $ 3,983.50
CASHKOW LLC
14.43 KW SOLAR IN
REP HOME AND
NEW ADU
456 MC GOWAN ST
$ 44,000.00 $ 464.28
CASHKOW LLC
FIRE SPR. IN REP
HOME AND NEW
ADU
456 MC GOWAN ST
$ 25,300.00 $ 1,035.56
TENNYSON
MICHAEL JAMES &
SHELLEY JEAN
INSTALL A SEWER
LATERAL
349 KNOWLES HILL
DR $ 6,000.00
$ 266.66
26 Item 8.
ALTERATIONS & ADDITIONS TOTAL UNITS _12___
WBC
CONSTRUCTION
MANAGEMENT INC
INT DEMO CLEAN UP,
ELEC, HVAC, NEW
ADA BATHROOM 21 S WASHINGTON $ 185,000.00
$ 920.53
WBC
CONSTRUCTION
MANAGEMENT INC
RE BUILD EX REAR
OFFICE, INST. SIGN 21 S WASHINGTON $ 40,000.00
$ 684.06
SIPOLA AUTUMN &
NATHAN
INSTALL 16.65 KW
ROOF MOUNT SOLAR
PV SYSTEM AND MSP
UPGRADE
589 E BALD
MOUNTAIN RD
$ 50,000.00 $ 629.75
ROOS AMANDA &
STEPHEN
INSTALL 7.40 KW RES
ROOF OP SOLAR
191 UPPER SUNSET
DR $ 22,200.00 $ 521.68
975 MORNINGSTAR
LLC
INSTALL PED
CHARGING STATION
WITH EV CHARGERS
975 MORNING STAR $ 10,000.00
$ 446.46
BECKER
JOHNATHAN
CASTLE SARAH
RES. SOLAR, 6.4KW 230 E JACKSON ST $ 18,400.00
$ 379.35
DEMOLITIONS TOTAL UNITS __0_____
NAME LOCATION TYPE VALUATION FEE
SUBTOTAL ______
MISCELLANEOUS REPAIRS
NUMBER OF PERMITS VALUATION $ FEE
13 $326,773 $4,261.52
TOTAL NUMBER OF PERMITS ISSUED 25
TOTAL VALUATION
1,042,173
SUB TOTAL OF PERMIT FEES COLLECTED
$15,094.41
TOTAL FIRE DEPARTMENT FEES COLLECTED
$360
TOTAL TRAFFIC FEES COLLECTED
$4,271.00
TOTAL PUBLIC SAFETY FEES COLLECTED
0 TOTAL PARKS & RECREATION FEES COLLECTED
0 TOTAL FEES COLLECTED
$19,725.41
27 Item 8.
FISCAL YEAR TO DATE
TOTAL NUMBER OF PERMITS ISSUED 81
TOTAL VALUATION $3,558,215.00
TOTAL FIRE DEPARTMENT FEES COLLECTED $720.00
TOTAL PUBLIC SAFETY FEES COLLECTED 0
TOTAL PARKS & RECREATION FEES COLLECTED 0
TOTAL TRAFFIC MITIGATION FEES COLLECTED $8,522.00
TOTAL PERMIT FEES COLLECTED $58,795.70
28 Item 8.
MONTH OF,
DECEMBER 2022
COMMUNITY DEVELOPMENT
DEPARTMENT
ACTIVITY REPORT
CITY OF SONORA
94 N. WASHINGTON ST.
SONORA, CA 95370
NAME LOCATION TYPE VALUATION FEES
NEW RESIDENTIAL TOTAL UNITS ___0____
SUBTOTAL ___0____
CDBG REHABS TOTAL UNITS ____0___
SUBTOTAL ___0_____
COMMERCIAL TOTAL UNITS __0_____
SUBTOTAL ___0____
ALTERATIONS & ADDITIONS TOTAL UNITS 7
056-082-003 INSTALL NEW
GENERATOR
647 S STEWART
ST $ 10,000.00 $ 229.75
056-090-032 INSTALL NEW
GENERATOR 10 CALAVERAS $ 15,000.00 $ 299.75
001-060-027 SOLAR, RES, 13.32
KW 501 SONORA AVE $ 40,000.00 $ 538.80
056-160-006 BUILD ULTRA
BLOCK WALL 355 HOSPITAL RD $ 5,000.00 $ 281.56
002-210-040
OFFICE REMODEL,
SOLAR AND FIRE
SPRINKLER
SYSTEM
DEFERRED
SUBMITTALS
184 FAIRVIEW
LANE $150,000.00 $ 1,783.95
035-420-050 ROOF MOUNT
SOLAR. 6KW, 15PV 424 ARBONA CIR $ 48,220.00 $ 562.73
035-430-005
RES ROOF MOUNT
SOLAR. 8.8KW
SYSTEM
700 GOLDEN
GATE CT $ 48,220.00 $ 540.98
29 Item 8.
DEMOLITIONS TOTAL UNITS ___0____
NAME LOCATION TYPE VALUATION FEE
SUBTOTAL ________
MISCELLANEOUS REPAIRS
NUMBER OF PERMITS VALUATION $ FEE
12 $391,851.00 5,739.04
TOTAL NUMBER OF PERMITS ISSUED 19
TOTAL VALUATION $631,851
SUB TOTAL OF PERMIT FEES COLLECTED $9,435.58
TOTAL FIRE DEPARTMENT FEES COLLECTED -
TOTAL TRAFFIC FEES COLLECTED -
TOTAL PUBLIC SAFETY FEES COLLECTED -
TOTAL PARKS & RECREATION FEES COLLECTED -
TOTAL FEES COLLECTED
FISCAL YEAR TO DATE
TOTAL NUMBER OF PERMITS ISSUED 100
TOTAL VALUATION $ 4,190,066.00
TOTAL FIRE DEPARTMENT FEES COLLECTED $ 720.00
TOTAL PUBLIC SAFETY FEES COLLECTED 0
TOTAL PARKS & RECREATION FEES COLLECTED 0
TOTAL TRAFFIC MITIGATION FEES COLLECTED $ 8,522.00
TOTAL PERMIT FEES COLLECTED $ 68,231.28
30 Item 8.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Aimee New, Fire Chief
SUBJECT: Fire Department Monthly Report – December 2022
RECOMMENDATION
Receive Fire Department Report – December 2022
DISCUSSION
Fire Department Monthly Report – December 2022
FISCAL IMPACT
N/A
1. City of Sonora responded to 179 calls for service in December 2022.
2. Sonora City units responded to emergency calls as follows:
111 - Building fire 1
114 - Chimney or flue fire, confined to chimney or flue 2 130 - Mobile property (vehicle) fire, other 1
132 - Road freight or transport vehicle fire 1
311 - Medical assist, assist EMS crew 26
321 - EMS call, excluding vehicle accident with injury 75 322 - Motor vehicle accident with injuries 6
324 - Motor vehicle accident with no injuries. 5
440 - Electrical wiring/equipment problem, other 1
444 - Power line down 2
510 - Person in distress, other 1
511 - Lock-out 2
520 - Water problem, other 4
550 - Public service assistance, other 2
551 - Assist police or other governmental agency 1
553 - Public service 4
554 - Assist invalid 9
561 - Unauthorized burning 1
611 - Dispatched & cancelled en route 18
622 - No incident found on arrival at dispatch address 2 31 Item 9.
631 - Authorized controlled burning 2
651 - Smoke scare, odor of smoke 2
715 - Local alarm system, malicious false alarm 1
730 - System malfunction, other 4
735 - Alarm system sounded due to malfunction 3
743 - Smoke detector activation, no fire - unintentional 2 744 - Detector activation, no fire - unintentional 1
Total Incidents 179
3. Monthly dollar loss in the City, resulting from fire: 0
4. The average response time during the month: 5.73
5. Automatic or mutual aid given 55
32 Item 9.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2023
TO: City Council Members
FROM: Turu VanderWiel, Chief of Police
SUBJECT: MONTHLY REPORT – SONORA POLICE DEPARTMENT
RECOMMENDATION
Receive the Sonora Police Department monthly report for December 2022.
DISCUSSION
The attached summarizes activities for December 2022.
Dec 2022 Nov 2022 Dec 2021
Total Incidents 1,225 1,173 1,352
Calls for Service 708 696 653
Officer Initiated 517 477 699
Total Arrests 43 55 47
Felony Arrests 6 10 5
Misd. Arrests 37 45 42
Total Reports 106 133 110
Parking Citations 14 13 12
Moving Citations 22 22 18
Domestic Violence 2 1 2
Larceny Invest. 14 22 15
Collision Incidents 25 34 35
Collision Invest. 10 14 12
33 Item 10.
Dec 2022 Nov 2022 Dec 2021
Homeless Activity 62 77 103
Animal Calls 34 42 27
Public Intox. / UID 4 5 13
DUI Arrests 4 2 2
Total Phone Calls /
911 Calls
1,910/352 2,004/297 1,930/179
Average Per Day 62 67 62
Vehicle Releases 3 1 2
*Homeless Activity tracking requires additional manual inputs; the actual number of associated incidents will typically be higher than the reported number. *The Larceny Investigation category reflects only those incidents where an investigation is conducted and a case report is generated. The actual number of larcenies is considerably higher.
FISCAL IMPACT
There is no fiscal impact on the General Fund
34 Item 10.
AREA 1
Violent Crimes:
Burglaries / Other Larceny:
11 Business Burglaries (Shoplifting).
-1 Stolen Vehicle (Recovered by SPD)
-1 Theft from Hotel Laundry Room
AREA 2
Violent Crimes:
-1 Felony Domestic Violence
-1 Misdemeanor Domestic Violence
-1 Felony Battery with Serious Bodily Injury
-1 Felony Assault with a Deadly Weapon, Not Firearm, with Felony Threats
Burglaries / Other Larceny:
-1 School Burglary
12/01/2022 - 12/31/2022
35 Item 10.
Area 2 Monthly Report
December 2022
Neighborhood Watch:
MYERS HILL:
Inactive.
N. STEWART:
Interest by residents is still pending.
HIGHLANDS VIEW:
Inactive.
Cases for discussion:
22-1605- On 12/03/2022 at about 6:00 pm, Officers were dispatched to the 200 block of Mono Way for a single-vehicle collision involving a vehicle found to have collided with a Sonora City message sign trailer parked off of the roadway edge. Responding Officers directed traffic due to the roadway wreckage hazard and contacted the driver, identified as 60-year-old Columbia resident Martha Christian. An officer smelled the odor of an alcoholic beverage, and a DUI investigation was conducted, resulting in Christian’s arrest for DUI, in excess of three times the legal limit. 22-1639- On 12/13/2022 at about 6:00 pm, Officers observed and stopped a vehicle for driving with an unsecured load in an opened trunk with an obstructed license plate. The driver was identified as 48-year-old Coulterville resident Jeffrey England, who frequents the Sonora area. Officers observed drug paraphernalia in plain view and asked England to exit the vehicle. England faked compliance while exiting and immediately tried to avoid arrest and physically resisted the two Officers on scene. England was subsequently subdued by the use of a Taser device and taken into custody for resisting arrest and possession of drugs and drug paraphernalia.
Recruitments:
1 Full-time Police Sergeant
3 Full-time Police Officers
1 Community Service Officer
Training:
None in December.
Range:
Quarterly range training is tentatively scheduled for February 2023.
Respectfully Submitted,
Sgt. Chris Johnson
36 Item 10.
The Sonora Police Department is an equal opportunity provider and employer Emergency 911
Business (209) 532-8143
Fax (209) 532-4845
Web-Site: www.sonorapd.com
Turu VanderWiel, Chief of Police
E-Mail: [email protected]
SONORA POLICE DEPARTMENT
100 South Green Street
Sonora, California 95370
"Maintaining a Safe Community since 1851"
MEMORANDUM
TO: Honorable Mayor and City Council Members
FROM: Turu VanderWiel, Chief of Police
DATE: January 17, 2022
RE: Area 1 Supervisor Report - No Monthly Report
Due to a staffing vacancy in the Sergeant's positions, no Area 1 Supervisor report will be submitted for December 2022.
37 Item 10.
CITY COUNCIL AGENDA REPORT
MEETING DATE: January 17, 2022
TO: City Council Members
FROM: Mike Lagomarsino, Public Works Supervisor
SUBJECT: Public Works Department Report for December 2022
RECOMMENDATION
Receive the Public Works Department Report for December 2022
DISCUSSION
For the month of December 2022, the City of Sonora Public Works Department performed the following activities:
Events
Placed banners above Washington Street for upcoming events. Provided signage and barricades for annual Pop Hudson Sing held in Courthouse Park.
Streets
Sanded numerous streets following storm.
Assisted Police and Fire Department with traffic control and cleanup following RV accident on Hope Lane and hauled off debris.
Repaired damaged street signs on Tidwall St. and Sanguinetti Rd. Removed parking spot and replaced it with no parking on Bradford Street as approved by the Parking and Traffic Commission.
Returned numerous shopping carts abandoned throughout the City. Spent several days potholing City streets.
Installed brackets for security cameras requested by the Police Department.
Facilities
Installed new exhaust fan in restroom at Sonora Police Department. Installed new lights in equipment room at Public Works. Made repairs to door lock to storage room at Opera Hall.
Parks/Landscapes/Parking Lots
Spent numerous days blowing and removing leaves in City landscapes, sidewalks and parks. Removed a hazardous Elm tree in the City lot on Green Street. Pruned trees in Grigsby Park.
Graffiti removal in Rotary Park restrooms.
Graffiti removal on the upper parking level at the Terzich parking structure. Replaced vandalized light fixture in the stairway in the Terzich parking structure. 38 Item 11.
Storm Drains
Spent SEVERAL days digging debris out of storm drains, as well as ditches, and culverts, following rain events.
Cemeteries
Prepared required monthly reports, installed headstones, checked messages daily, and returned phone calls.
Miscellaneous
Performed routine daily and monthly activities including regular checking of parks and landscape areas for maintenance needs and safety concerns, garbage collection at City facilities, cleaning and stocking City restrooms, opening of gate to Dragoon Gulch Trail parking lot, routine maintenance of City vehicles, participation on assigned committees, weekly mowing of lawns at Mt Shadow Cemetery and Rotary Park, and weekly sweeping of City Streets.
FISCAL IMPACT
None
39 Item 11.
discrimination discrimination
IN TUOLUMNE COUNTY
"Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly."
Dr. Martin Luther King, Jr
AMPLIFYING
THEVOICES OF THE
MARGINALIZED
2021-2022
TUOLUMNE COMMUNITY REVIEW COUNCIL
In conjunction with Stand Up, Speak Up, Speak Out, Inc. 40 Item 12.
This report would not be possible without the courage and bravery of those who shared their stories. The identities of our interviewees have been kept confidential because many feared the consequences from community members for sharing the ugly and painful truth hidden in Tuolumne County . Thank you to the Unheard Voices.
In addition, we would like to thank those members of the Social Equity Committee who dedicated their time and energy to stand against the odds by taking first steps toward dismantling White Supremacy Culture by creating a resolution committed to equity, fairness, and justice.
This is not a representative study. It is a qualitative report about experiences that people have in our community. All anecdotes and quotes are from members of the community who have been pushed to the margins.
For more information about this project, contact:
Tuolumne Community Review Council (TCRC)
[email protected]
Acknowledgments & Disclaimer
2021-2022 Discrimination in Tuolumne County 2
41 Item 12.
Members of our Community...
Experience Discrimination
We have an issue with discrimination in
the county and it is not being seriously
acknowledged or addressed, even by
people in positions of leadership who
have the power to make change.
Live in Daily Fear and Anxiety
The physical and mental health of
people pushed to the margins in
Tuolumne County are at high risk
because of living with daily fear and
anxiety.
Use Strategies to Ensure
Physical and Emotional Safety
Those that are marginalized must use
different strategies such as: passing as
straight, acting white and isolating at
home, to feel and stay safe in Tuolumne
County.
Perceive Our Community as
Exclusionary, Hierarchical and
Unjust
The hierarchy of human value that exists
in Tuolumne County is denied, which
significantly impacts the manner in
which people who are pushed to the
margins experience life in Tuolumne
County.
Believe Change is Possible
Tuolumne County is a community that has
many people who care for others and who
strive to make our County a place that feels
welcoming and inclusive. As a community we
need to strive to ensure that all people and
systems embrace a narrative of inclusion,
cultural humility and acceptance of all people
regardless of differences.
Access to opportunities and a sense of safety and
belonging are being denied to members of our
community because of unacknowledged and
unaddressed discrimination in all sectors of
Tuolumne County.
Critical Findings
2021-2022 Discrimination in Tuolumne County 3
42 Item 12.
In the words of Jewish poet and activist Emma Lazarus,
“Until we are all free, we are none of us free."
SECTION 1. Background Page 5
Who is TCRC?
Who is Tuolumne County?
What is The Interview Project?
SECTION 2. The Power of 35 Page 6
Who was Interviewed?
Statistics
SECTION 3. Key Questions Page 8
What is Discrimination?
What are the Long Term Effects of Discrimination?
What Does Unacknowledged and Unaddressed Mean?
Contents
Members of Our Community.....
2021-2022 Discrimination in Tuolumne County 4
Suggestions From The Power of 35
Community Conversations
Appendix
SECTION 5: Next Steps
43 Item 12.
TCRC believes that when we center the needs of the most vulnerable, the needs of all will be met.
WHO IS TCRC?
The Tuolumne Community Review Council was
founded in the summer of 2020 after George Floyd’s
murder. Four concerned community members met
with our local law enforcement: (LLE) Sheriff Pooley,
Chief VanderWeil, and California Highway Patrol.
The purpose of the meeting was to discuss how to
make sure that Black, Indigenous, and People of
Color (BIPOC) were never victims of police brutality,
excessive force, or loss of life at the hands of LLE in Tuolumne County. After this meeting TCRC was
formed and quickly decided to expand our focus from
the BIPOC population to all members of our
community that are pushed to the margins.
In addition to the relationship with LLE, TCRC also
became supporters of the Sonora City Council Social
Equity Committee. Our members attended the
meetings to share information and facts about
systemic discrimination in Tuolumne County, and
participated in the process of creating the resolution.
TCRC believes that when we center the needs of the
most vulnerable, the needs of all will be met. In order to center the needs of the most vulnerable, we needed
to listen and learn about their experiences living in
Tuolumne County. To that end, we began our
interview project. Our goal was to hear and amplify
the voices of marginalized people in Tuolumne
County.
We hope, that if our community
knows what is happening to
people pushed to the margins,
that our community will work
together and make a change to
ensure all people are welcome and
safe in Tuolumne County.
WHO IS TUOLUMNE COUNTY?
Tuolumne County is overwhelmingly populated by
White people (89.9%-census.gov) many of whom are
proud of this heritage and the county’s wild west gold
rush mining history dating back to the 1850’s. Largely
missing in the recollection of this history is the
devastating impact of the gold rush period on the
Indigenous People of the land, in which their
eradication was attempted. Also missing are the many
People of Color, such as the Chinese, Chilean,
Peruvian, Mexican, and others who were significant
in the development of this county. A recent effort by
Sonora City Council Social Equity Committee to
address and acknowledge the experiences of BIPOC
in Tuolumne County by drafting a resolution to
condemn racism was vehemently rejected by many
community members, businesses, elected officials and
other leaders.
THE INTERVIEW PROJECT
The Interview Project was born out of the necessity to
give voice to and document the legitimacy of the
experiences of BIPOC and others who have been
pushed to the margins in Tuolumne County on the
basis of age, behavioral and mental health, body size,
color, disability, ethnicity, gender (including gender
identity and gender expression), immigration status,
housing status, marital status, national origin, race,
religion, sexual orientation, socio-economic and/or
veteran status. TCRC modeled our project on a
similar project conducted by Dr. Lynn VerduzcoBaker, Dr. Jessica Kane, and the Albion National Association for the Advancement of Colored People
on community experiences of policing in Albion, MI.
After several months of discussion with Dr. Kane, our
survey was ready and we reached out to community
members to hear their stories. From the data collected
we have drafted this report and we are creating an
artistic presentation to more fully express the courage exhibited and pain experienced by members of our
community.
Section 1: Background
2021-2022 Discrimination in Tuolumne County 5
44 Item 12.
"It is our belief that even one act of
discrimination is unacceptable. "
TCRC
Section 2: The Power of 35
Who was Interviewed?
TCRC interviewed 35 community members who have been pushed to the margins in our community. The statistics below are based on these 35 people who were open to sharing their story. In addition to these 35 interviews, TCRC also collected information from people who were fearful of the consequences of officially participating in the interview process, so their statistics are not included in these numbers, but their stories are included in this report. TCRC also gathered information from public comments at public meetings.
There are many who will look to discredit this report due to the limited number of people interviewed but this is a qualitative not representative study. Imagine the exponential possibilities if Tuolumne County actually changed in a manner that these 35 people began to feel safe, supported and included in our community.
It is the belief of TCRC that these 35 people are simply the tip of an iceberg, and that there were many others who were too fearful to speak.
By honoring and acknowledging their stories, and striving to enact the necessary changes, our whole community will benefit.
2021-2022 Discrimination in Tuolumne County 6
45 Item 12.
AGE OF PARICIPANTS
18-29
30-39
40-49
50-69
70-79
EMPLOYMENT STATUS
• 57.2% Work Part or Full Time
• 11.4% Students
• 14.3% Retired
• 17.1% Did Not state
EDUCATIONAL ATTAINMENT
• 64.7% Associates Degree or Higher
• 29.4% Some College
• 5.9% High School Graduate/GED
9%
26%
26%
20%
20%
RACE/ETHNICITY
46%
54%
BIPOC (Black, Indigenous, People of Color)
White
GENDER
• 65.7% Female
• 34.3% Male
• 2.9% Non-Binary/Transgender
LGBTQ+
• 62.9% Do Not Identify as LGBTQ+
• 34.3% Identify as LGBTQ+
• 2.9% Prefer Not to Answer
HOUSING STATUS
MARGINALIZATION
Everyone Identified as Marginalized in
One or More of the Following:
• 65.7% Female
• 34.3% LGBTQ+
• 54% BIPOC
• 31.4% Low Income
• 29.4% Unhoused
• 14.3% Single Parent
• 20% Have a Disability
• 25.7% Mental Health
• 34.3% Non-Christian
• 8.6% Previously Incarcerated
• 5.7% First Language Not English
• 2.9% Senior Citizen
• 2.9% Domestic Violence Survivor
6%
6%
35%
53%
Rents
Living with Others
Own a Home
Unhoused
Section 2: The Power of 35 - Statistics
2021-2022 Discrimination in Tuolumne County 7
46 Item 12.
“We’ve got to get on the on the same page before we can turn it and move toward a new story together." Heather
McGhee, Author of The Sum of Us
What is Discrimination?
Discrimination is the unjust or prejudicial
treatment of different categories of people
who have been pushed to the margins on the
basis of age, behavioral and mental health,
body size, color, disability, ethnicity, gender
(including gender identity and gender
expression), immigration status, housing
status, marital status, national origin, race,
religion, sexual orientation, socio-economic
and/or veteran status. Some acts of
discrimination are illegal; all acts of
discrimination are unethical and immoral.
What does Unacknowledged and
Unaddressed Mean?
In order for this country to live up to its
highest ideals and achieve prosperity for
everyone, the United States must reckon with
the discrimination of the past and present. In
communities all across the United States,
discrimination must be acknowledged. Law
enforcement, public leaders, business owners,
educators, health care providers, and all
community members must listen to those
who have experienced discrimination and
acknowledge that it happened. Then
discrimination must be addressed at the
individual, interpersonal and institutional
levels through education, making amends,
and changing policy and institutional
structures. Only then can this be a country
where everyone thrives.
Section 3: Key Questions
What are the Long Term Effects
of Discrimination?
When intolerance prevents individuals from
exercising their talents, there tends to be
widespread, long lasting negative effects.
Discrimination affects people’s opportunities,
their well-being, and their sense of agency.
Persistent exposure to discrimination can lead
individuals, especially youth, to internalize the
prejudice or stigma that is directed toward
them, manifesting in shame, low self-esteem,
fear and stress, self-isolation, and poor health.
The economic effect of social exclusion results
in an astounding loss of revenue (“Cost of
Racism: U.S. Economy Lost $16 Trillion
Because of Discrimination, CitiBank Says.”
Adedayo Akala, NPR, September 23, 2020.). In
contrast, social inclusion harnesses our diversity
as a fuel for small business formation, creativity,
public interest, tourism and innovation.
2021-2022 Discrimination in Tuolumne County 8
47 Item 12.
Members of Our Community...
Experience Discrimination
Live with Daily Fear and Anxiety
Use Strategies to Ensure Physical and Emotional
Safety
Perceive Our Community as Exclusionary,
Hierarchical and Unjust
Believe Change is Possible
Section 4: Critical Findings Index
2021-2022 Discrimination in Tuolumne County 9
“Do your little bit of good where you are;
it's the little bits of good put together
that overwhelm the world.”
Desmond Tutu
48 Item 12.
“Someone put a notice on my apartment door with a
note that said, "do us a favor-leave" and then taped a
knife to the message.”
“I don't feel welcome, appreciated, or valued. I have
been the victim of death threats, harassment,
vendettas and jeers. I am afraid to walk outside.
Cars have deliberately tried to hit me. The landlord
is trying to force me out even though I pay my rent
and pass all inspections. The landlord ignores my
service requests and honors others. She refuses to
ensure that other tenants are not threatening me."
“When homeless people were exposed to Covid,
some of us homeless folks got a campground which
we paid for, to self -isolate. We got kicked out,
kicked out of every place where we thought we
could be safe. LLE would kick us out. Even if we
were on public land. If we were next to homes, and
the home owners didn't want us there, we would be
kicked out. There were no resources for homeless
people to quarantine ourselves”.
"I got a message on my
computer saying you had
better hope that you get
deported before I kill you."
FACTS
Too many members of our community do not
feel welcomed. They feel like outsiders and have
experienced a wide range of insults, threats and
acts of intimidation because of their age, behavioral
and mental health, body size, color, disability,
ethnicity, gender (including gender identity and
gender expression), immigration status, housing
status, marital status, national origin, race, religion, sexual orientation, socio-economic and/or veteran
status. They are experiencing discrimination from all
sectors of our community: community members,
schools, health care, law enforcement, businesses,
social services, community events and public and
private services.
Of those interviewed 94% reported having acts of
discrimination leveled against them in Tuolumne
County. Of the 94% who experienced discrimination,
57.9% said it was due to their race or the race of
someone they were with, 16.1 % said it was due to
their sexual orientation and/or gender identity, and
another 12.9% say it was due to someone they were
with, but they did not identify what it was about the
person they were with. 3.2% say it was due to their
disability and 3.2% say it was due to their body size.
25% of those surveyed described experiences in
which they received inadequate medical or behavioral
health care due to their marginalized identity.
EVIDENCE
Discrimination By General Public:
“People do not respect the laws designed to support
disabled people from joining in the community
by taking parking spaces, blocking sidewalks and
generally thinking of themselves.”
“At the river, a white man came up to me talking
about how they don’t like strangers and that he has a
gun in his truck that he is not afraid to use. I felt like my life was in danger and needed to leave to be safe."
Members of Our Community...Experience Discrimination
94%
of those interviewed
reported having acts of
discrimination leveled against them
in Tuolumne County
2021-2022 Discrimination in Tuolumne County 10
49 Item 12.
“While at [local elementary school] in 5th grade,
I was called 'Black Mamba' by a fellow student and hit
in the face with a ball. The school did not do anything about this. They discriminated against me because I
was from [neighboring town], which they called
“ghetto.” In high school kids would ask if they can
have the 'N Word Pass' because I’m part AfricanAmerican.” “The county is behind the times. I cannot hold hands
with my partner in this county. I had to be escorted
off campus in High School because I was being
threatened and harassed ‘Kill the faggot’. . I wasn't out yet, but when playing sports was called gay and
harassed. I tried to commit suicide in High School
three times due to harassment around being gay.”
“I have been discriminated against and sexualized by
peers, teachers, and coaches. Adults are worse than
kids when it comes to harassing me. “
Discrimination in the Health Care System:
“The mental health specialist to which I was referred
had no knowledge of LGBT issues and concerns
which was the reason for my appointment. She was
not only clueless, she was insulting.”
“I was also discriminated against at the hospital.
Because of former drug use, I don’t get the attention I feel I deserve. They don’t treat homeless people well
when they should be treated especially well.”
Discrimination By General Public Cont.
“When working as a chef, I had residents of
Tuolumne County refuse to be served by a person of
color on several occasions. When working as
a bartender, I've witnessed first hand the use of
the N word. The use of racial slurs is prominent in
establishments with a right wing crowd everywhere in
this county.”
“When I was shopping with daughter, we were
speaking Spanish and were told ‘Speak English: This
is America’.. I was with my son and someone in a car
shouted ‘Mexican get out’ at crosswalk and he was
almost run over.”
“I have been harassed for being ‘fat’ by people yelling out from their cars to insult me.”
“I was raised here as a child. There weren't many
black children around me growing up in Sonora, and
I was always made to feel lesser than. That was
normal. I knew I would never stay or raise children
here as an adult so I moved to the Bay Area when I
turned 18.”
Discrimination in the Educational System:
“In gymnastics as a child, I was called the ‘n' word.’
In high school, people wrote KKK on my locker
several times and I was spit upon.”
“At school, students would not let me sit with them. I
had to have lunch in the Principal's office because
students wouldn't accept me since I was the only
black person in my class.”
“In high school I had many [uncomfortable
experiences]. I was told to go home several times, and
called 'spic' several times, mostly in the hall and in
passing…Being told to go home stood out to me
because my family is Native American, so it was
confusing to hear. This was from other high school
students.”
Experience Discrimination Continued
“They (local health
clinic) did not address
my needs as an Asian,
non-Christian woman.”
2021-2022 Discrimination in Tuolumne County 11
50 Item 12.
“Pulled over many times for what seems like
harassment. There were never reasons to single me
out. Once I was given a ticket for driving 5 miles over the limit. Another time, friends had been drinking. I
was the driver and had not been drinking. They
questioned me relentlessly but ignored my friends
who had obviously been drinking. Another time I was
sitting in my car in a park playing a game. That was
'suspicious' as far as they were concerned. Just like the many times, when they would pull me over on my
motorcycle because I was wearing a suit and it was in
the middle of the night. I was going home from my
job. It seemed they enjoyed taunting me.”
“Recently I was in a situation where the police were
called because I was being harassed. Although the
police talked to both me and the person who was
harassing me, they dismissed him to go on about his
business and told me they were taking me home in
their police car. As soon as I got in the car with them, I panicked and started crying and shaking with fear. I
didn’t know what was going to happen to me. Were
they taking me to jail or were they taking me home?
Even though I had done nothing wrong, I felt like I
was in trouble and worried that everyone would label
me as 'aggressive or out of control for yelling.'"
Discrimination From Local Businesses:
“Toxicity impacts my decisions. Businesses are
not helpful and do not speak out when people are being
racist. As a veteran with training, I could defend myself in most scenarios, but there is a higher likelihood of
being arrested or detained in this community, and as
the sole caretaker of my aunt, I try to avoid possible jail time.”
“When I walked into [local big box store] for materials, and even walking around asking for help, people would
say 'this is not my department' and not help; it was like grabbing the ankles of employees to try to find an item or aisle. During quarantine I walked in with a mask, and three older gentlemen with a female expressed their
disapproval of the mask wearing mandate, which was
not being enforced. They said, 'even the monkeys are
wearing masks.' There were three employees behind the
counter who said nothing, one even laughed.”
Discrimination in Health Care Cont.
“I have definitely been at the hospital before, like way back when I needed my gallbladder out, they told me
that my stomach hurt so badly because I was fat.
Turns out I had a tumor on my gallbladder that was
making it contract all the time. Not because I’m fat."
“They (local health clinic) tried to discharge me from
care because they didn't want to see Trans patients
anymore because they did not know enough about
them, and I had to go in and be like, you can't do that.
It's like saying you won't see Black people because you don't know enough about sickle cell-you have to go
fucking figure it out–it’s your job."
Discrimination in Local Law Enforcement:
“Forest Service LE harassed me for [allegedly] selling
drugs at Rainbow Pools because my car 'looked like a
Mexican weed grower's car' and demanded to search
my car. Tried to manipulate me into thinking that
they didn't need my permission to search my car. LE
said, 'I don't need your permission.'"
"I was pulled over in high school leaving a business.
It's all lit up in the parking lot, and when I pulled out I turned on my lights and was pulled over by 5 cop
cars, and had to get out and put my hands on the car.
This was in high school so probably 12 years ago or
so. But it was me and [male teenager] and [sister], so
all people who were brown and we had to all get out
and put our hands on the car. It was very traumatic at
the time. It didn't register as being racially motivated at that point, but I think in retrospect it probably
was."
“Interactions with them due to BLM protests. The
police assumed that the protests will be violent. They
have a prejudged opinion about the events. They do
not stop harassment of children at the BLM protests
let alone the adults. LLE was supportive of the State of Jefferson BLM protest meeting but not the BLM
protest. This shows bias towards the conservative side
of Tuolumne. When I called to let them know I was
organizing the BLM protests the first question was,
'will they be violent.'"
Experience Discrimination Continued
2021-2022 Discrimination in Tuolumne County 12
51 Item 12.
“Child Protective Services
(CPS) was called on me
because I am gay, so
therefore, I must be a child
molester. It was deemed to be
unfounded.”
Discrimination From Local Businesses Cont.
“On the day of the incident, I was riding on the bus..
While I was on the phone, a strange man approached
me, accusing me of being someone else. Although I told
him several times, I was not that person, he kept
insisting. This harassment continued on until I could
take no more and told the bus driver that this gentleman was harassing me and the driver did nothing! The man
continued and I finally reached my breaking point and
told him to 'shut the fuck up and leave me alone.' It was only at that point that the bus driver pulled over and
called the police. The driver gave my description over
the radio along with the man bothering me. I was in
utter shock and disbelief! Meanwhile the other
passengers said or did nothing. So I was kicked off the bus and the guy who was harassing me stayed on the
bus. I reported what happened to me to the
transportation company and asked for their assurances
that my safety be protected while riding the bus. They
have not responded to my request. Because I no longer
feel safe riding the bus, now I walk to wherever I need to go.”
“I went to visit my family in Sonora with my wife.
Afterwards, we were looking for a place to eat and where we could watch an MMA fight on TV. The signage on a
bar downtown looked like it was going to be showing
the fight. Right from the moment we walked in, it felt
like people’s attention shifted from what they had been talking about to looking at us, and people were very
aware of our presence. We sat down at the bar top. I
raised my hand to get the waitress’ attention, but she
kept walking past me each and every time. Sitting next
to us was an older white gentleman. The gentleman next
to us made weird comments critiquing my inability to
get the waitress’ attention, basically teasing me about her not serving me. I initially ignored him, but then he started asking why we were here, what we were doing
here. I started to get the feeling that we were not
welcome in this place. I looked around and realized I
was the only person of color in the room. I realized this was not a good place, this guy was not letting up, and
my wife was feeling nervous in this situation as well, so we decided to leave the bar.”
“I saw that in a restaurant that they were paying
Latinos less than non Latinos and spoke up about it. I
ended up leaving the job rather than deal with it.”
“A former classmate posted something like
'Someone just brought to my attention that we get
fresh fruits and vegetables due to immigrants, and I
don't support illegal aliens, but I guess they can stay' which sparked 250 person comment thread, in which
I received death threats. A former classmate said,
'You better hope that you get deported before I kill
you.' A former teacher at the high school and local
business owner screen shotted pictures of me from
my private profile and posted them on the thread.
People said I was in [another town], and they said
they would go down there.”
Discrimination in Community Services:
“I was stereotyped as the single poor Black woman.
When they found out I was in college their attitude
shifted. Just because we are receiving services, they
should not assume we are incompetent. I was
required to come to the office every week to check in
and take time off from work. A white friend only had
to check in monthly."
“[At a community agency] multiple (4) homeowners
went to the general manager and demanded I be fired
because 'the child molesting lesbian should be fired
and not be in the pool touching their small children.'" Experience Discrimination Continued
2021-2022 Discrimination in Tuolumne County 13
52 Item 12.
FACTS
Marginalized people in Tuolumne County have
normalized living with daily fear and anxiety. This
normalized fear and anxiety ultimately leads
to physical and emotional health issues. When
members of our community feel daily fear and anxiety
it impacts how they participate in our community and
has long term effects on them and their families.
Members of our community should feel safe and
included in all aspects of our County.
The words most used by those who were interviewed
were versions of the word “harass,” mentioned 39
times, “race or racist” 27 times, and
“threats” 22 times. Interviewees used the word
“diversity”, mentioned 33 times, to suggest how to
create a sense of safety for people pushed to the
margins.
EVIDENCE
“I have lived all over the country and this is the most overt racist place I have ever experienced. I feel
paranoid that I could be accosted, accused or
threatened in places ranging from the Post Office, to
the streets of Sonora.”
Members of Our Community Live w/ Daily Fear & Anxiety
“I don't trust people when I'm in crisis anymore
and it's all of these different experiences that have
compounded one on top of another that has left me
saying ‘It's just safer for me to risk killing myself than to reach out, most of the time. I'm afraid if I call a
Crisis Hot-line, they'll call the police and I'll have
cops at my door holding me at gunpoint again. Or
they'll force me to go to a hospital where they'll
assault me and if I try to defend myself, I'll get new
charges. It is just this area it is not just this county.
For me to get any safe treatment I would need to go
down to the Bay Area or I need to go to Sacramento
because this area is not safe for me. I've stopped
reporting it because when someone wrote
‘tranny’ on my door and they just painted over it.
Nothing was ever done about it. No one was
questioned, no statement was released saying that this
sort of behavior is unacceptable. I've had multiple
transphobic things happen here, and I've stopped
reporting them, because nothing gets done about it.
And this is a federally funded apartment complex, so
I should be protected, and I am not. Then the note on
my car came after and I did not report that. What
came after that, was I overheard neighbors calling me
an ‘it' at one point, like making fun of me as I went to my car– didn't report that. I’ve had pride stickers
ripped off my car before, and I've been followed in a
parking lot and been called a ‘tranny.’ I have been
kicked out of bathrooms in this county, multiple
times."
“We were planning the BLM protest, and we were
getting death threats. On Facebook Messenger a
person sent me a photo of a tractor, and said that if
anything happened at the BLM protest, if any person
did anything out of line, that is the vehicle that he
would be driving through Courthouse Park. And he
said, 'I have one, I bought one, I will take it to the
park and mow you guys over'....When another person
and I started setting up in the park, two trucks started circling and they were swinging baseball bats outside
of their truck while we were setting up-- just
swinging, you know, not saying anything to us, just
showing them.”
“I don't feel like I belong here, I
don't feel safe and I feel like that
most of the time. I would say
about eight out of ten people are
going to immediately just
not want to know me or they're
going to want to hurt me.”
2021-2022 Discrimination in Tuolumne County 14
53 Item 12.
“I have not had one single experience with [LLE]
where I haven't left shaking. There was one
experience was Sonora PD where I was pulled over,
with [another person] in the car. It was around
midnight. They pulled us over, they said because they
couldn't see our license plate because the light above
it was out, but when I looked later it was not out so
they just pulled us over to pull us over. And the whole time I'm in the passenger seat, and there's a cop on
either side of the car interrogating us about where
we're going. And this cop keeps clicking the door
handle like he's gonna pull it open, and I was afraid
that if he pulled it open, he was going to pull me out
and hit me or something. Their body language and
the fact that he kept fucking with the door handle
made me think that something bad was about to
happen.”
“In high school I was very unhappy, very ready to
leave. I had a lot of uncomfortable experiences,
particularly in high school, but didn't necessarily
register them as microaggressions as I would now. In
college, I sought a school with a large Latinx
population. I would not live in Tuolumne County.”
“Confederate flags and Blue Lives Matter flags
intimidate me. I will not attend the county fair
because of discrimination. I avoid crowds.”
“I was told by police to get a restraining order
but when I went to do that, I was told I had to do
mediation with the person threatening to kill me.”
“I go shopping when there aren’t a lot of people. I feel uncomfortable when other people are around.”
“A functioning society rests on a web of mutuality, a
willingness among all involved to share enough with one another to accomplish what no one person can do alone.” Heather McGhee, Author of The Sum of Us
Live w/ Daily Fear & Anxiety Continued
“I have called 911 five or six times due to being
threatened and they have not taken me seriously. I
have been told by police to stop calling to report
harassment.”
“I no longer feel safe and am now paying
attention to what owners support and don’t
support. I have stopped going to places based on
their Covid practices and attitudes,
political and religious views.”
“I’d like to hear police being more supportive, I
was actually afraid to go to the Gay Pride
event because there was so much backlash about
it. I would have liked to hear law
enforcement say, 'It’s going to be okay, we are
going to be there to protect you.' There was no
reassurance that we could have that gathering,
that they would offer some kind of protection.”
“No one is reaching out to
me and I don’t feel safe
going places by myself.”
2021-2022 Discrimination in Tuolumne County 15
54 Item 12.
FACTS
Virtually all of the individuals who spoke about
their experiences said they had been discriminated
against in a variety of ways, and as a result must
utilize strategies to ensure their safety.In the interviews, the word they used most frequently was “safe or
safety”—referring to either the lack of or pursuit
of safety. A form of the word safe (safe, safety, safely, safer, unsafe) was mentioned 102 times in our
interviews and is the interviewees’ number one
consideration for determining the risks associated
with what to do, where to go, or what to say. The next
most frequently used word was a form of “harass”,
which was mentioned 39 times. The third most used
word, used 24 times, was a form of “avoid” which
suggests interviewees’ primary strategy for dealing
with these risks, harassment, threats, fear and anxiety is avoidance. Based on real, perceived and anticipated
actions from individuals and groups aiming to
belittle, harm or bully marginalized individuals, the
strategies used by those who feel vulnerable are: to
anticipate it and avoid the situation that would place
them in “harm’s way,” to stay home, to hide, to isolate, or seek out safe friends, circumstances and settings. If possible, “passing”, blending in”, or “acting white”
may be an option, but then there is always the fear of
being “found out”or exposed.
EVIDENCE
“When I passed, I thought this was a really great place to live. I made friends a lot easier. I didn’t get the
looks that I get now. I just don’t feel safe.”
“I stay away from the police because I do not feel safe.
My driver’s license does not have a gender identity
marking so I pass as a female and this keeps me safe
from police, possibly. I let the police make
assumptions about me. I fear harassment so I stay
hidden to protect myself. I change routes so I am not
seen consistently on the same route.”
“I am paying attention to what owners support and
don't support. I stopped going to the local business
because of rigid, Christian, conservative values. I no
longer feel safe.”
“If I am out with friends, we are likely to be made to
feel that we need to leave before trouble starts.”
“If a place is blatantly unwelcoming towards my
partner when we are out together, I tend not to go
back.”
“Recently, to be inconspicuous, I have changed
my appearance to conform more with traditional
expectations, e.g. short haircut, preppy clothes,
status car, etc.”
“I grew up here and know how to
function as a POC in a white
community. I talk white, I don't ask
questions, I don't get angry or loud, I
am polite. I avoid being seen as the
angry Black woman. I was raised in
white privilege and understand it.”
"As a brown woman, now I would not wear any
identifying clothing (even though I am an outspoken
political activist). I would not even wear a Biden/
Harris shirt in Sonora because I would worry about
being harassed. I was even worried about wearing a
mask in Sonora, going back the past couple months.”
“I don't feel safe walking in crowds or public spaces,
so I choose to simply stay home.”
“I avoid crowds, events and situations where people
might mentally or physically harm me. As a result, I
am in the house with the doors locked by sunset. If I
do go out, it is during the day and places like hiking, lakes and rivers.”
“What impacts my decisions of where to go is that I
need to feel safe and know that management would
control circumstances where patrons could get
unruly towards me.”
Members of Our Community Use Strategies to Ensure
Physical and Emotional Safety
2021-2022 Discrimination in Tuolumne County 16
55 Item 12.
FACTS
Whether visiting from out of town or having lived in
the area for decades, people pushed to the margins
perceive Tuolumne County as exclusionary,
hierarchical and unjust. This perception includes a
wide range of spaces, from retail to education to
health care, and more. This perception has been
reinforced by the deliberations and decisions by city
and county governments in public meetings, and
further underscored by public comments that have
become more transparent through Zoom.
Interviewees shared the perception that people who
are considered “different” are being excluded from all
sectors of the community, and especially from sectors
that hold power. There is a hierarchy of human value
in which some identities are valued more highly than
other identities. Racism, homophobia, discrimination
and segregation exist here, but there is widespread
denial of these acts. The denial of discrimination
reinforces the perception that the county is exclusive
and hierarchical, because it favors those who hold
privileged identities. Privileged identities include, but are not limited to, white, Christian, heterosexual, and cisgender male. Again and again, the interviews
revealed a striking absence of justice for marginalized people in Tuolumne County.
It is the responsibility of the greater community and
its leaders to create an environment that feels safe,
welcoming and fair to everyone.
EVIDENCE
In the General Public:
“The culture of silence is reinforced. The belief that if we don't talk about discrimination, then it won't be a
problem, is wrong. People don't want to see the
problem.”
“Making change is hard, because it feels like it's
unattainable in the area; it’s hard for young people to get into professions, have to get at the root of the
problem, which is white people ignore you and tell
you are wrong and talk behind your back about it.”
Members of Our Community Perceive Our Community
as Exclusionary, Hierarchical and Unjust
"For being a small California town, it is unfortunate
that there is such deeply rooted hatred and
misunderstanding here of people of color and the
LGBTQ community”
“I was raised here as a child. There weren't many
black children around me growing up in Sonora, and
I was always made to feel “lesser than”. That was
normal. I knew I would never stay or raise children
here as an adult so I moved to the bay area when I
turned 18.”
“Regardless of the beauty that surrounds Sonora, the
large number of conservative and less progressive
people make it difficult to live here."
“For people who were raised in Sonora and have
moved away, it is a well-known fact that Sonora has a
large population of racist people and there is a ton of racism that occurs, but people who live in Sonora
tend to be in denial about the culture. It's okay to
admit there is a problem and want to fix it. It's not
okay to just deny the truth.”
“How little there is to do, how conservative it is; a
white dominated area, not seeing a lot of people of
color until recently; also this being a retirement area for older people, more expensive, pushing younger
people out, a lot of judgment for people who are
lower income; it’s unfortunate, because it is such a
pretty area- ugly people sometimes.”
“Having a low income and
struggling to find housing
makes feeling invested in the
community hard. Low income
prevents involvement.”
2021-2022 Discrimination in Tuolumne County 17
56 Item 12.
Perceive Our Community as Exclusionary, Hierarchical
and Unjust Continued
Local Businesses:
“It feels like most are sending me a message that ‘I
don't belong here.”
“As a county worker part of the culture is to not have
progressive views. Conservative views are allowed but
not progressive views. I was reprimanded for sharing
an opinion.”
“I am somebody who has experienced racism and
harassment in Tuolumne County. I married my wife,
a Sonora hometown person. We went to a bar to
enjoy an evening together and were isolated, harassed
and completely ignored by staff and berated by
patrons for about 30-45 minutes. At that point we
decided to leave because we could not get served. As
a result I made a choice not to see my two little nieces in Sonora, who I love dearly, because I don’t want to
have my wife seeing my being discriminated against
and any confrontations that might result."
“A lot of the businesses downtown, I avoid. I want to
support small businesses but the few times I have,
bad things have happened. Like, I went to a place …
and I was getting so many looks, the people at the
table was just staring at me and I don’t know why. I
am assuming it’s because I didn’t pass; that’s all I
could come up with. I didn’t feel safe.”
“I don't go to businesses - I go to my parents home
for dinner when I'm in town, and stay at one hotel
that is owned by Middle Eastern owners because they
are accepting of me; I don't go many places here
because I don't want my daughter to feel how I did as
a child."
Public Officials:
"One issue is related to a welcoming attitude toward
new people. Let me say I have not felt welcome. And
I have made that known. I feel as if I’m on guard.
And that affects my financial decisions. The attitude
of this committee (Social Equity Committee) speaks
volumes to me as a person who has family here who
I love by virtue of marrying my wife. But I do not
feel loved here.
If this is a challenge for the City Council, why is it
that discrimination, which has long existed in your
community, has not been dealt with? You need to
help citizens make a home, spend their resources
and spend time there. That is what helps create
community and commitment. It is possible to deal
with both potholes and discrimination by walking
and chewing gum at the same time as demonstrated
by many other communities across the country.
Then we can work together as a nation to realize the
dreams of our forefathers.”
“Never doubt, that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”
Margaret Mead
2021-2022 Discrimination in Tuolumne County 18
"The perception is that people
who are “different” are being
excluded from all sectors of
the community, especially
from sectors that hold power."
57 Item 12.
Health Care System:
“Some doctors need to be removed from the local
hospital or at least need more accountability; The
doctors need to learn more about gastric bypass
stuff; older people need to be more open to
changing views; because of the judgment, it is
difficult to discuss sexual orientation, gender
identity, mental health; extremely disheartening. So
much so that avoiding getting medical services”
“….the fact that we have such a bigoted hospital
means that if something like an emergency were to
happen, I am at risk for dying because I can’t go
here…..They need mental health training, they need
training on trans issues, they need trauma related
training, they have none of these things, right, they
are unsafe on multiple levels. And that’s not even
bringing in being a fat person…”
“The problem with Behavioral Health is that they
do not require staff to be trained on LGBTQ
concerns. They have only one person who knows
these issues. And now she basically works in another
department so LGBTQ people are getting sent to
staff who have no training and who do not intend to
get trained since it is not required. It’s so exhausting to have to educate someone on something they
should know.”
"I would go out of my way, even as a teenager, to
avoid experiences with LLE. I always felt nervous,
even though I, most of the time, didn't have
anything to be nervous about. I would definitely
avoid local law enforcement."
Perceive Our Community as Exclusionary, Hierarchical
and Unjust Continued
Local Law Enforcement:
“Many marginalized people distrust the police
and fear for their safety. We believe that the
police will harm us rather than help, so we don’t
involve them”.
“Sonora is very segregated and it is clear where
POC and progressive people are welcome and
where they are not. Police show up in a more
aggressive fashion at progressive events and less
at conservative events. LLE needs to advertise
their stance against hate, discrimination etc.”
“I feel that if I was in danger or being harassed,
the LLE would do nothing or think I deserved it
because of my lifestyle.”
“I am not safe as a gay man. I
am always at risk. I do not feel
supported by the police.”
“They (LLE) are clearly aligned with local
business, property and searching out single
instances of misbehavior like sleeping in a
stairwell. They need to focus on the bigger
issues of accountability for all Tuolumne
residents. Their inclination seems to favor the
one who filed the complaint when the
defendant may be the one for whom injustice
has been served.”
“Faith is taking the first step even when
you do not see the whole staircase.”
Dr. Martin Luther King, Jr
2021-2022 Discrimination in Tuolumne County 19
58 Item 12.
FACTS:
Positive experiences within communities allow
individuals to feel more connected to their
environment and the people in it. A positive
community is one where neighbors take pride in their
living environment, respecting and supporting one
another regardless of age, behavioral and mental
health, body size, color, disability, ethnicity, gender (including gender identity and gender expression),
immigration status, housing status, marital status,
national origin, race, religion, sexual orientation,
socio-economic and/or veteran status.
A positive community is a cohesive, safe, confident,
prosperous and happy place. It values and promotes
open, participative development processes
underpinned by a continuous culture of transgenerational learning. It is somewhere that people wish to stay and see their children and grandchildren
grow up. It attracts, welcomes and respects outsiders,
challenging ignorance and prejudice wherever it
arises.
Tuolumne County is a community that has many
people who care for others and who strive to make
our County a place that feels welcoming and
inclusive. As a community we need to strive to
ensure that all people and systems embrace inclusion,
cultural humility and acceptance of all people
regardless of differences.
EVIDENCE
“I love the MiWuk Health Center because it provides
comprehensive services-medical, mental, behavioral
health, dental services and anything else I need. When
needed, they also arrange referrals, take care of billing and take all of my needs seriously. They are
responsive, attentive, and competent. They treat me
like someone they care about.”
“It is very hopeful to see that so many people are
passionate about police reform and social justice.
Positive movement and positive energy-- really
hopeful and nice to see."
“This county was an awesome place to grow up. I
went to the Waldorf School which was the greatest
blessing in the world. I wouldn’t have wanted to
grow up anywhere else. Once I left Waldorf, and was
getting older and in high school, I started having
racialized experiences. That’s when I started not
wanting to be in Tuolumne County.”
“My Service Worker (Social Services) case worker is
awesome, helpful, accommodating. The Family Child
Enrichment center staff are kind, understanding and
cooperative . They have all been pretty great.”
“I haven’t had very many bad experiences with the
police. I only remember the time they were called to
campus and the policeman and principal sat down
with me and were willing to listen.”
“The Pride Event made me realize we can make
change. Those who have been ostracized can
find one another. The older generation must make
room for the younger generation.”
Members of Our Community Believe Change is Possible
2021-2022 Discrimination in Tuolumne County 20
“A few years back there
were some new young
officers who would come in
very direct and too strong
and trigger trauma
responses. Now the officers
seem more trained and
calmer. There seems to be a
focus on understanding
mentally ill people.”
59 Item 12.
Support for Change from Sheriff Pooley and Chief VanderWeil Over the last two years TCRC has met with Chief VanderWeil and Sheriff Pooley. We have had very positive and productive meetings, and specifically discussed the racism and discrimination that exists in Tuolumne County. Sheriff Pooley and Chief VanderWeil have a strong commitment to ensuring that all people, even those who have been pushed to the margins, are equally protected and treated with the utmost respect and care. They have committed to the following to help ensure that the deputies and officers they hire will also hold true to this commitment.
1) Internal examination of all applicants
2) Extensive external background investigation for all applicants 3) External Psychological Examinations for all applicants, which includes looking at bias and discriminatory/extremist beliefs.
4) Body camera use on all officers and deputies
5) Ongoing, direct and close supervision of all deputies and officers 6) A clearly described and accessible complaint process for members of the community that will ensure all complaints are taken seriously
7) Regular and consistent training of all officers and deputies that includes working with marginalized populations
8) Ongoing efforts to reach out and connect with members of marginalized communities to build open and healthy relationships
9) An open door policy to any member of the community that wants to share perspectives about any aspect of law enforcement.
Believe Change is Possible Continued
2021-2022 Discrimination in Tuolumne County 21
TCRC met with Sheriff Pooley & Chief VanderWeil in July 2022 and shared a draft copy of this report. They were noticeably disturbed and stated, "If we don't know, we can't help." A relationship of confidence and trust between members of the police department and the community they serve is essential to lawful, effective, and fair law enforcement. Every claim is treated seriously. If you feel that you have been wrongfully treated, MAKE YOUR VOICE HEARD. In your complaint state "I am contacting you, as recommended in the TCRC report on Discrimination." Contact Info/Link to Complaint Form:
For Sonora Police Department (209) 532-8143
https://www.sonorapd.com/wp-content/uploads/2020/04/CITIZEN-COMPLAINT.pdfFor Tuolumne County Sheriff Department (209) 533-5855
https://www.tuolumnecounty.ca.gov/DocumentCenter/View/1826/Citizen-Complaint-Form?bidId= TCRC has been encouraged by the openness and commitment of our law enforcement leaders. We have formed a relationship that allows us to have an open and direct conversation with both of them in regards to concerns we have. They have listened to our perspectives on different issues and even if our perspectives differ, they have maintained an atmosphere of respect and genuine interest in our experiences. It is our hope that TCRC’s work with LLE will continue and that we will be able to support the process of bridge building between LLE and the people who are being marginalized in Tuolumne County.
UPDATE
60 Item 12.
"Signs signaling acceptance in business windows
helps me feel more comfortable. Support from the
community has helped.”
"I would like to be able to bring all friends, Mexican, Black, all races and LGTBQ friends to come out and
be themselves. Elect different officials."
"I would like to see public transportation with more
stops and more buses running on a line so the wait
wouldn't be so long. More early morning buses and
later buses so people can get to and from work."
“I think we need more programs for low-income
people. The money given to people with disabilities is
inadequate to rent an apartment here.”
"There are not enough options or activities and
entertainment for young adults, e.g., places to
socialize that are not bars--such as coffee houses,
places to play board games, music events with a wide
variety of musical styles, movies and libraries."
"Need more handicapped parking and enforcement."
"I would like to see the County celebrate more
cultural events and diversity with more opportunities
for diverse interaction which promote acceptance.”
“More protection against hate crimes”
“I want Police to be held accountable for treating
everyone equally and demonstrate empathy and
compassion toward everyone, especially those that
have previously been treated harshly. Also, all
individuals need to be protected and that individuals
committing crimes need to be brought to justice.”
"I would like LLE to do more outreach, more training,
beneficial not to just see them as authority figure.
There is so much stigma and fear around law
enforcement. It would be beneficial to go to schools
and talk about their role and how they respond in
certain situations, what are their protocols? Talk
about if there is a shooting, how they can be a safe
presence instead of an anxiety inducing experience.”
There are many people who are unaware of the
existence and experiences of those pushed to the
margins in Tuolumne County. The stories and
themes that emerged from our study spotlight the
reality of what it means to be isolated and in fear for your life.
Many people are also unaware of how they might be
contributing to the culture of fear by their attitudes, actions, policies and priorities, preferring to stay
within their familiar comfort zones and accepting
things as they are.
Once we acknowledge that some do not feel safe
living in Tuolumne County, we can begin working
together to ensure that everyone who visits and/or
lives in Tuolumne County, can do so without fear
and discrimination.
To create a sense of belonging and safety for
marginalized people we must ensure polices and
practices encourage diversity, such as in housing
assistance, hiring practices, transportation
accessibility, educational curriculum, and mental and
behavioral health services. In addition, we need to
increase opportunities that bridge the social divisions such as leadership, arts and cultural events,
recreation activities, and places to gather that
provide opportunities to learn more about each
other.
Suggestions From The Power of 35:
“I think that we should intentionally encourage a
culture of civility, respect and appreciation for
diversity by creating a variety or opportunities and
exposure in ways that bridge differences.”
“It would be nice to see more people of color, more
diversity, inclusivity and tolerance from people who
are on the other side of things.”
“Better stuff for kids, recreation stuff. The recreation department needs boosting. I don’t think there are
enough services. Keep the libraries open.”
“The county leaders and LLE need to back away
from connection with militia groups."
“I want people who work anywhere in public service
to be compassionate and trained to be supportive."
Section 5: Next Steps
2021-2022 Discrimination in Tuolumne County 22
61 Item 12.
TCRC is excited to move forward by supporting and acknowledging the findings in this report as well as those of the newly adopted resolution from the Social Equity Committee to the Sonora City Council which is included in the appendix.
Now that we know the stories about those who are “pushed to the margins”, what are we going to do about it? As Martin Luther King Jr. said, “at some point silence becomes complicity”.
As a first step, “Community Conversations” are being scheduled to discuss the information in this report. Community Conversations will be held in various group settings in person and by Zoom. If you would like to be invited to a Community Conversation please contact TCRC at [email protected].
No one should feel like they have to avoid coming here or have to leave because they are not welcome. Instead, let’s become known as the county that truly has open doors and open arms to all people. Let’s make it loud and clear that we condemn any form of discrimination and that we honor and value diversity.
Tuolumne County can become a community where everyone can say, "I feel welcome here!"
Section 5: Next Steps Continued
"When you see something that is not right, not fair, not just, you have to speak up, you have to say something."
John Lewis, Civil Rights Activist and Congressman
2021-2022 Discrimination in Tuolumne County 23
62 Item 12.
any marginalized groups, including but not limited
to, Black, Indigenous, People of Color (BIPOC), those
living in poverty, and those unhoused, those with
mental or physical disabilities, and members of the
LGBTQIA+ community; and
WHEREAS, the City of Sonora proclaims that it is
committed to diversity, equity, and an atmosphere of
inclusiveness and it respects the dignity of every
person without regard to race, sex, religion, ancestry, national origin, immigration status, marital status,
age, disability, sexual orientation, gender identity, or political affiliation. The City denounces all hate and
discrimination in any form; and
WHEREAS, the City of Sonora recognizes that the
City’s diversity will continue to change, the City
of Sonora acknowledges its responsibility to be
culturally aware and racially and socially equitable;
and
WHEREAS, the City of Sonora understands that we
cannot reconcile the divide of the present without
building a culture of inquiry and learning and must
commit to listening and considering different points
of view, especially towards those with whom we
disagree; and
WHEREAS, the City of Sonora recognizes this as a
historic moment to be seized upon and believes it
cannot answer this time with silence.
NOW, THEREFORE, BE IT RESOLVED, the City of
Sonora and its community welcomes and embraces
cultural awareness and inclusivity and pledges to be a
refuge, ally, and provide a safe zone to people of all
racial, ethnic, and multicultural backgrounds for
conversations, reflection, and understanding.
NOW, THEREFORE, BE IT RESOLVED, the City of
Sonora, to fulfill its obligation to protect the public’s safety and promote human rights and racial justice,
proclaims that it is committed to acknowledging and
celebrating diversity and equity and contributing to
an atmosphere of inclusion that respects the dignity
of every person without regard to race, sex, religion,
2021-2022 Discrimination in Tuolumne County 24
Appendix
City of Sonora Social Equity
Resolution
No. 04-18-2022-C
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SONORA AFFIRMING THE CITY OF
SONORA’S COMMITMENT TO EQUITY,
FAIRNESS, & JUSTICE
“Injustice anywhere is a threat to justice
everywhere. We are caught in an inescapable
network of mutuality, tied in a single garment of
destiny. Whatever affects one directly, affects all
indirectly. Never again can we afford to live with
the narrow, provincial ‘outside agitator’ idea.
Anyone who lives inside the United States can
never be considered an outsider anywhere within
its bounds.”
Letter from a Birmingham Jail. Martin Luther King, Jr.
WHEREAS, the City of Sonora acknowledges
the Tuolumne Band of Me-Wuk Indians and the
Chicken Ranch Tribe of Me-Wuk Indians as the
original inhabitants and stewards of this land, who
continue to be strong, beloved leaders, and impactful
members of this community; and
WHEREAS, the City of Sonora affirms its wish to be
known, not only for the beauty of its place in the
Sierra Nevada foothills and its vibrant Gold Country
history, but to be known for being a champion of
racial equity, justice, and acceptance; and
WHEREAS, the City of Sonora is proud of its Gold
Rush history, which created opportunities for many
people, but recognizes that this was also a period of
violence, exclusion, and unjust laws against
Indigenous, Chinese, Mexican, Chilean, and others;
and
WHEREAS, the City of Sonora is committed to
seeking a thoughtful and inclusive way to heal
the wounds and inequities, reconcile the divide, and
take steps to make sure that acts of violence,
aggression, and exclusion will not happen against
63 Item 12.
ancestry, national origin, immigration status, marital
status, age, physical or emotional disability, sexual
orientation, gender identity, economic status, or
political affiliation. The City of Sonora denounces all hate and discrimination in any form.
NOW, THEREFORE, BE IT RESOLVED, the City of
Sonora calls to residents to treat their neighbors with kindness, empathy, trust, and respect so that we may
live and thrive together in a community of
acceptance and peace.
NOW, THEREFORE, BE IT RESOLVED, the City of
Sonora will promote an atmosphere of inclusion,
listening, and addressing disparities that may arise in its future, focusing on our community’s needs and
values.
NOW, THEREFORE, BE IT RESOLVED, the City
of Sonora pledges to engage individuals more
impacted by social inequities, fostering a community
where all ethnicities, cultural backgrounds, sexual
orientations, and religions feel safe, represented, and included within our community.
NOW, THEREFORE, BE IT RESOLVED, the City of
Sonora, in concert with City Staff, the City Council, the Social Equity Committee, and community partners, will
work to identify existing disparities and systemic barriers and develop a plan to achieve intended Diversity, Equity, & Inclusion (DEI) outcomes and report measurable
progress as a part of the Council’s goal-setting exercise, while also recognizing and celebrating progress already made in the community.
NOW, THEREFORE, BE IT RESOLVED, the City
of Sonora understands that this cannot be the work of the City alone and that we must join as a community, with
groups and individuals interested in and committed to
creating a racially and socially equitable community.
NOW, THEREFORE, BE IT RESOLVED, the City
of Sonora will join in community, to keep this
conversation alive, with a commitment to heal the wounds of past and present racial injustices as well as the current divide, preventing future harm from happening with
ongoing honest and civil discourse to discourage all forms of discriminatory practices that are damaging, not only to individuals, but to the economic prosperity and wellbeing of our community.
“Courage is the inner
resolution to go forward
despite obstacles.”
Dr. Martin Luther King, Jr
2021-2022 Discrimination in Tuolumne County 25
64 Item 12.
65 Item 12.