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Agenda packet

Sonora City Council
May 1, 2023

Document
Agenda packet
Meeting
May 1, 2023
Body
Sonora City Council
Pages
11
Original file
8.3 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

CITY COUNCIL REGULAR MEETING - MAY 01, 2023 PAGE 1 OF 3

CITY COUNCIL REGULAR MEETING
Monday, May 01, 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 Monday, May 1, 2023, at 5:00 PM in the City of Sonora Council Chambers located at 94 N. Washington Street Sonora, CA 95370.

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. Conference with Real Property Negotiations, Government Code Section § 54956.8 Property: 290 S. Stewart Street, Sonora, CA, Tuolumne County 95370 1 CITY COUNCIL REGULAR MEETING - MAY 01, 2023 PAGE 2 OF 3 Agency Negotiators: Doug White, City Attorney, Melissa Eads, City Administrator; Chris Gorsky, Administrative Services Director.

2. Conference with Legal Counsel – Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section § 54956.9: Two (2) Potential Cases; Doug White, City Attorney, Melissa Eads, City Administrator.

RECONVENE INTO OPEN SESSION
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).

PRESENTATIONS

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

4. Receive the Sonora Employees Association employee recognitions for 2022; Christopher Gorsky, Administrative Services Director.

5. Receive the Sonora Police Department employee recognitions for 2022 ; Turu VanderWiel, Police Chief.

6. Receive the Sonora Fire Department employee recognitions for 2022; Aimee New, Fire Chief.

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.

7. Consider approval of City Council Minutes for May 02, 2022 and May 16, 2022; Tracy Skelly, City Clerk

8. Consider approval of disbursements in the amount of $168,463.02 for payroll, including employee salaries, employer and employee taxes, retirement contributions, miscellaneous voluntary employee deductions, holiday pay, and other adjustments, including retro-pay; Tracy Skelly, Administrative Services Officer.
2 CITY COUNCIL REGULAR MEETING - MAY 01, 2023 PAGE 3 OF 3

9. Consider approval of thirteen (13) identified comparator agencies to benchmark against for the City’s compensation study; Christopher Gorsky, Administrative Services Director.

10. Consider approval of Resolution 05-01-2023-A authorizing the City Administrator to execute an agreement with the Bank of Stockton to provide the City with banking services; Christopher Gorsky, Administrative Services Director.

11. Consider authorization to accept an award from the Central Sierra Continuum of Care Homeless Housing Assistance and Prevention Program, not to exceed $135,220, and approve associated budget adjustments for the use of the funding; Turu VanderWiel, Police Chief.

PUBLIC HEARINGS

12. Introduce by title Ordinance No. 891, amending Section 17.04.010, Definitions, amending Section

17.32.065, Additional Activities Requiring Design Review, and adding Chapter 17.44, Cargo Containers, under Title 17, Zoning, of the Sonora Municipal Code, and waive the first reading; Rachelle Kellogg, Community Development Director.

NEW BUSINESS

13. Consider ratification of the City Administrator’s Emergency Contract Award to Dewberry Engineers Inc., for the main drain field inspection and condition assessment; Melissa Eads, City Administrator.

14. Consider ratification of the Mayor's submittal of a letter to Tuolumne County Administrator Tracie Riggs and the Tuolumne County Board of Supervisors regarding the City's perspective on homeless services and our experience as it relates to serving as the County seat; Melissa Eads, City Administrator.

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: May 1, 2023
TO: City Council Members
FROM: Melissa Eads, City Administrator
SUBJECT: Supervisor David Goldemberg County Update

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

DISCUSSION
District 1 Supervisor Goldemberg will present an update on County-wide issues to the City Council the first meeting of each month.

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

MEETING DATE:

TO:

FROM:

SUBJECT:

CITY COUNCIL AGENDA REPORT
May 1, 2023
City Council Members
Chris Gorsky, Administrative Services Director
Sonora Employee’s Association Employee of the Year for 2022

RECOMMENDATION
Receive the Sonora Employee’s Association (SEA) Employee of the Year for 2022.

DISCUSSION
Each year an employee is selected by their peers to be the City of Sonora Employee’s Association Employee of the Year. The following individual was selected for their outstanding and dedicated work for the City.

The Finance Assistant Darlene Gibson is the Sonora Employees’ Association Employee of the Year for 2022. She has been with the City for the past 3 years and some comments from her peers include:
“Darlene is always helpful and cheerful.”
“She always has a great attitude.”
“Darlene is always going out of her way to be helpful and is the face of City Hall.”

FISCAL IMPACT
No fiscal impact to the General Fund.
11 Item 7.
5 Item 4.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Turu VanderWiel, Chief of Police
SUBJECT: 2022 EMPLOYEE RECOGNITIONS.

RECOMMENDATION
Receive the Sonora Police Department's 2022 employee recognitions.

DISCUSSION
Each year the Police Department recognizes exceptional performance in the following categories:

Officer of the Year, Reserve / Part-Time Employee of the Year, Civilian Employee of the Year, the Marshall McMaster Community Service Volunteer of the Year, and the Ronald Billings II Police Explorer of the Year. These recognitions are peer-nominated, and leadership endorsed.

The following individuals were selected as the Sonora Police Department's employees of the year for 2022.

Ronald Billings II Explorer of the Year, Lisa Corpus – Lisa is now a part-time Police Dispatcher for us, but during 2022, she volunteered as a Police Explorer. The time she committed to volunteering with the Poice Department all while continuing to work on her education, was recognized by the leadership and the volunteer coordinators. Her motivation and enthusiasm for public service have no doubt culminated in her achievement of becoming a dispatcher. She works hard, takes her duties seriously, and doesn’t give up, all while keeping a smile on her face.

Marshall McMaster Community Service Volunteer (CSV) of the Year, Chaplain Randy Ehle – Randy is always there when we need him with enthusiasm and support. As a Police Chaplain, he is a volunteer, so it is expected that his day job would limit his ability to participate; however, his participation has been exceptional. He epitomizes what this recognition characterizes while representing the Police Department and the City of Sonora. Randy plays a major role in the success of our Sonora Police Department-rooted Regional Peer Support Team, which has helped bring healing to members of more than fifteen agencies. Randy has a passion for his work and is there for community events such as Coffee with a Cop, the Special Olympics Polar Plunge, and Badges and Hoops basketball games. He helps out with our firing range operation and brings a positive vibe wherever he goes. As a Police Chaplain, he responds to both City and County needs for support when members of the community need emotional support during traumatic situations. Our staff very much appreciate his check-ins and willingness to just listen when the challenges of the job start to feel extra heavy.

Reserve / Part-Time Employee of the Year, Charles Shadle – Charles came to us at the end of 2021 with an impressive resume being retired both from the Federal Government and the US Army as a Commissioned Officer. He said he just wanted to contribute and help out a little during his retirement.

The tasks he was assigned as a part-time Community Service Officer quickly multiplied as the 6 Item 5.
department navigated through staffing challenges. Charles wasn’t discouraged, even when handed the property and evidence room for reorganization. He works hard and has been creating and updating procedural manuals relating to the various aspects of the job position. Charles does all this with a smile on his face, a positive attitude, and always has a witty remark locked and loaded. Staff noted that he is great to work with, and his efforts allow officers to focus more on their assigned duties.

Civilian Employee of the Year, Dispatcher Sara Westfall – Sara is recognized by many of her peers for taking on many extra shifts and being flexible on scheduling adjustments. She has become a Communications Training Officer, which involves a significant amount of responsibility and energy. She takes her job seriously and always works hard at improving her skill sets. She brings a unique style of humor to the workplace, and despite her failed attempts at appearing cynical, her smile and willingness to help others keep the atmosphere light around the office. Sara played an integral role in establishing and helping to expand our peer-support program, which is now regional. As with Randy, she shows a passion for the success of the Peer Support Team and gives up some of her free time to help provide this vital resource for others. As one employee noted in the nomination, “She is awesome.” Officer of the Year, Officer Antonio Shouse – Antonio has worked more than his fair share of overtime, and his coworkers appreciated his willingness to take on a modified shift assignment, which consists of a 55-hour week. Even with this unfavorable shift, he still signed up for additional coverage days; his reasoning, he explained, was to lighten the burden on his coworkers. He is a joy to work with and does not complain about the extra work. Antonio has also put a great deal of energy into helping to develop the K9 program and putting forth the extra time, cost, and effort associated with being a K9 handler.

Officer Shouse is described as a team player and always there to help and take part in community activities. He maintains a positive attitude and is a pleasure to work with. Shouse is also appreciated by his peers for helping to guide junior officers, volunteer staff, and support staff. He represents the department in a professional, courteous manner.

FISCAL IMPACT
There is no fiscal impact on the General Fund.
7 Item 5.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Aimee New, Fire Chief
SUBJECT: Fire Department Fire Fighter of the Year Award - 2022

RECOMMENDATION
Receive Fire Department Fire Fighter of the Year Award - 2022

DISCUSSION
Each year the City of Sonora recognizes outstanding employees across all Departments. This is the time when we are given the opportunity to recognize and thank those we believe deserving of special recognition. All employees in the following categories are eligible (Volunteer, Intern, Part-time, and Career) for nomination as Employee of the Year.

The Fire Fighter of the year award began in 1994, and is unique in the City, in that our recognition program is entirely peer driven. Recognition that comes from peers acknowledging each other for outstanding service is especially rewarding.

For the 2022 Fire Fighter of the Year, the Sonora Fire Department would like to recognize Brian Bock.

Brian was hired in March of 2020 as a Volunteer Firefighter. Brian has continued to go beyond by coming in at all hours of the day and night when requested for emergencies, callbacks and special events. Brian has a great attitude, work ethic and is a well of knowledge. He can always be counted on and works diligently to improve his skills.

Enhancing his career options in the fire service, Brian enrolled and completed his paramedic license in 2022. To prove his dedication and drive, Brian was hired on with the Alameda City Fire Department as a Firefighter Paramedic, while continuing to volunteer with the City of Sonora. Brian continues to be a contributing member of this department and we congratulate him on his achievements.

FISCAL IMPACT
N/A
8 Item 6.

CITY COUNCIL AGENDA REPORT
MEETING DATE:

TO:

FROM:

SUBJECT:

May 1, 2023
City Council Members
Tracy Skelly, City Clerk
Meeting Minutes for May 2, 2022 and May 16, 2022

RECOMMENDATION
Consider approval of City Council Minutes for May 2, 2022 and May 16, 2022.

DISCUSSION
Staff recommends that the City Council approve meeting minutes for May 2, 2022 and May 16, 2022.

FISCAL IMPACT
No fiscal impact to the General Fund.

ATTACHMENTS
 05-02-2022 Meeting Minutes
 05-16-2022 Meeting Minutes
5 Item 3.
9 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 02, 2022 PAGE 1 OF 5

CITY COUNCIL REGULAR MEETING
Monday, May 02, 2022 at 4:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541

MINUTES
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on Monday, May 2, 2022 at 4:00 PM in the City of Sonora Council Chambers located at 94 N. Washington Street Sonora, CA 95370.

NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52953(E) AND THE CITY OF SONORA CITY COUNCIL RESOLUTION NO. 04-18-2022-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/87460555933?pwd=UFBFZ0EyR3pjcXNXZWtXVlZLQTJoQT09 Dial: (669) 900-6833
Meeting ID: 874 6055 5933
Passcode: 7dY809
MEMBERS OF THE PUBLIC WILL BE GIVEN THE OPPORTUNITY TO PROVIDE 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 Deputy City Clerk at 94 N. Washington Street Sonora, CA 95370 or via email to [email protected].
10 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 02, 2022 PAGE 2 OF 5 CLOSED SESSION - 4:00 PM

CALL TO ORDER
Called to order at 4:03 PM.

ROLL CALL

PRESENT
Mayor Matt Hawkins
Mayor Pro Tem Mark Plummer
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa

PUBLIC COMMENTS
No public comments.

ADJOURN INTO CLOSED SESSION

1. CONFERENCE WITH LABOR NEGOTIATORS (Government Code 54957.6): Employee Organizations: Sonora Employees' Association (SEA); Sonora Management Employees' Association (SMEA)

RECONVENE INTO OPEN SESSION
OPEN SESSION - 5:00 PM
Called to order at 5:02 PM.

PLEDGE OF ALLEGIANCE
Mayor Pro Tem Plummer led the Pledge of Allegiance.

ROLL CALL

PRESENT
Mayor Matt Hawkins
Mayor Pro Tem Mark Plummer
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa
CITY CLERK’S REPORT ON AGENDA POSTING
The Agenda was posted on Thursday, April 28, 2022, at 2:00 PM.

APPROVAL OF THE AGENDA
The Agenda was approved without change.

REPORT OUT OF CLOSED SESSION
Staff was given direction.
11 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 02, 2022 PAGE 3 OF 5

PRESENTATIONS

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

District 1 Supervisor David Goldemberg updated the Council on COVID-19 statistics, the Fire Safety Advisory Committee, the Climate Action Plan, upcoming Board of Supervisors meetings, the California State Association of Counties Legislative Session, and ATCAA.

3. Swearing in ceremony and introduction of two (2) Police Community Service Officers:

1. Charles Shadle

2. Rylan Matyshock
Police Chief Turu VanderWiel presented this item to the Council and swore in Charles Shadle and Rylan Matyshock.

4. Introduction and Swearing in of Police Officer Michelle Hopper.

Police Chief Turu VanderWiel presented this item to the Council and swore in Michelle Hopper.

5. Receive the Sonora Fire Department’s Firefighter of the Year for 2021.

Fire Chief Aimee New presented this item to the Council and awarded Brittan Gregory as Firefighter of the Year for 2021.

6. Receive the Sonora Police Department's 2021 Employee Recognitions.

Police Chief Turu VanderWiel presented this item to the Council and awarded Officer Thomas Brickley as the Officer of the Year, Officer Danny Duffy as the Reserve Officer of the Year, Dispatcher Naomi Moran as the Civilian Employee of the Year, Chaplain Randy Ehle as the Marshall McMaster Community Service Volunteer (CSV) of the Year, and Lisa Corpus as the Ronald Billings II Explorer of the Year.

7. Receive the Sonora Employee’s Association (SEA) Employee of the Year for 2021.

Community Development Director Rachelle Kellogg presented this item to the Council and awarded Mike Lagomarsino as the Sonora Employee's Association Employee of the Year for 2021.

8. Receive a presentation from the Tuolumne County Alliance for Resources and Environment (TuCARE).

TuCARE Chairman, Randy Hanvelt, presented this item to the Council, updating the Council on fuel breaks, and related TuCARE projects.

TuCARE Board of Director Member, Jeff Sargo, played a video on the Washington and Paradise Fires for those in attendance.

Councilmembers discussed.

No public comments.
12 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 02, 2022 PAGE 4 OF 5

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).

A member of the public commented in disapproval of removing trees on Washington Street.

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.

Councilmembers discussed.

No public comments.

Motion made by Council member Garaventa, Seconded by Mayor Pro Tem Plummer.

Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.

9. Approval of City Council Minutes for January 11, 2022, January 18, 2022, February 7, 2022, and February 22, 2022.

10. Approve an agreement between the City of Sonora and the Sonora Union High School District to lease the city owned parking lot on the south side of School Street, for a term of five (5) years, for a total annual amount of ten thousand eight hundred ninety dollars ($10,890); and authorize the City Administrator to execute the agreement.

11. 1. Authorize the City Administrator to sign a Purchase Order with Pacific Displays in the amount of $50,000 for the replacement of City Christmas Decorations destroyed in the Washington fire, and authorize the subsequent budget adjustment and accompanied budget transfer; requires 4/5th vote.

2. Authorize the budget adjustment and accompanied budget transfer in the amount of $25,000 from unrestricted fund balance to fund a sewer line replacement located at the public works facility; requires 4/5th vote.

12. Approval of disbursements in the amount of $168,699.59 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, holiday pay, and other adjustments, including retro-pay.

NEW BUSINESS

13. Planning Commissioner Appointments:

1. Consideration of the Mayor’s recommendation to reappoint Bess Levine to serve as a City of Sonora Planning Commissioner for a four-year term, expiring on July 1, 2026. 13 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 02, 2022 PAGE 5 OF 5

2. Consideration of the Mayor’s recommendation to appoint Nathan Morales to serve as a City of Sonora Planning Commissioner for a three-year term, expiring on July 1, 2025.

Community Development Director Rachelle Kellogg presented this item to the Council.

Councilmembers discussed.

No public comments.

Nathan Morales introduced themself to the Council.

Bess Levine was appointed 5-0.

Motion made by Mayor Pro Tem Plummer, Seconded by Council member Garaventa.

Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.

Nathan Morales was appointed 5-0.

Motion made by Mayor Pro Tem Plummer, Seconded by Council member Such.

Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.

COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
Fire Chief Aimee New reminded the Council of National Firefighters Day.

Community Development Director Rachelle Kellogg updated the Council on the Red Church Project and addressed a previous public comment.

Councilmember Segerstrom attended a Love Tuolumne Volunteer Event, a meeting with the Chamber of Commerce, and the Home and Garden Show.

Councilmember Garaventa attended the Access Tuolumne Meeting.

Councilmember Such attended multiple Tuolumne County Commission on Homelessness Meetings and an ATCAA Meeting and updated the Council on the Project Opioid Training.

Mayor Hawkins updated the Council on an upcoming meeting with the Governor's Office.

ADJOURNMENT
Meeting adjourned at 6:32 PM.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 14 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 16, 2022 PAGE 1 OF 5

CITY COUNCIL REGULAR MEETING
Monday, May 16, 2022 at 4:00 PM
94 N. Washington Street, Sonora, CA 95370
(209) 532-4541

MINUTES
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on Monday, May 16, 2022 at 4:00 PM in the City of Sonora Council Chambers located at 94 N. Washington Street Sonora, CA 95370.

NOTICE: THIS MEETING WILL BE HELD IN ACCORDANCE WITH GOVERNMENT CODE SECTION 52953(E) AND THE CITY OF SONORA CITY COUNCIL RESOLUTION NO. 04-18-2022-A.

THIS MEETING IS PHYSICALLY OPEN TO THE PUBLIC OR MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THE MEETING VIA VIDEO CONFERENCING AT:

Zoom Meeting Link:
https://us06web.zoom.us/j/87460555933?pwd=UFBFZ0EyR3pjcXNXZWtXVlZLQTJoQT09 Dial: (669) 900-6833
Meeting ID: 874 6055 5933
Passcode: 7dY809

MEMBERS OF THE PUBLIC WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.

THIS MEETING WILL BE OPEN TO THE PUBLIC AND WILL BE AVAILABLE VIA ZOOM. IT WILL ALSO BE LIVE STREAMED ON THE CITY'S WEBSITE AT www.sonoraca.com.

Written comments can be submitted to be included as part of the administrative record; they will not be read during the meeting. All comments must be received by 3:00 pm on the day of the noticed meeting and can be submitted to the Deputy City Clerk at 94 N. Washington Street Sonora, CA 95370 or via email to [email protected].
15 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 16, 2022 PAGE 2 OF 5 CLOSED SESSION - 4:00 PM

CALL TO ORDER
Called to order at 4:07 PM.

ROLL CALL

PRESENT
Mayor Matt Hawkins
Mayor Pro Tem Mark Plummer
Council member Colette Such
Council member Jim Garaventa
ABSENT
Council member Ann Segerstrom

PUBLIC COMMENTS
No public comments.

ADJOURN INTO CLOSED SESSION
Adjourned into Closed Session at 4:08 PM.

1. Threat to Public Services or Facilities (Government Code 54957(a)): Consultation with Police Chief, Turu VanderWiel.

2. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): One Potential Case

RECONVENE INTO OPEN SESSION
OPEN SESSION - 5:00 PM
Called to order at 5:08 PM.

PLEDGE OF ALLEGIANCE
Councilmember Garaventa led the Pledge of Allegiance.

ROLL CALL

PRESENT
Mayor Matt Hawkins
Mayor Pro Tem Mark Plummer
Council member Ann Segerstrom
Council member Colette Such
Council member Jim Garaventa

REPORT OUT OF CLOSED SESSION
A report was received. The Council returned to Closed Session at the end of the meeting. 16 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 16, 2022 PAGE 3 OF 5 CITY CLERK’S REPORT ON AGENDA POSTING
The Agenda was posted on Thursday, May 12, 2022, at 1:00 PM.

APPROVAL OF THE AGENDA
The Agenda was approved without change.

PRESENTATIONS

3. Swearing in ceremony and introduction of Police Community Service Officer, Kayla Parker.

Police Chief Turu VanderWiel introduced and swore in Police Community Service Officer, Kayla Parker.

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).

A member of the public representing the League of Women's Voters informed those in attendance of their presence.

A member of the public commented in support of the Council's work and made multiple traffic requests.

A member of the public informed those in attendance of the Sonora Action Sports Park activities.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.

No public comments.

Motion made by Council member Garaventa, Seconded by Council member Such.

Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.

4. Approval of City Council Minutes for March 7, 2022, March 21, 2022, April 6, 2022, and April 18, 2022.

5. Adopt Resolution 05-16-2022-A authorizing remote teleconferencing meetings of the City Council and its committees and commissions for 30 days pursuant to Government Code Section 52953(e) Brown Act provisions.

6. Approval of a Letter of Support for the Historic Building Restoration Grant Program, authorizing the Mayor to sign the letter.
17 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 16, 2022 PAGE 4 OF 5

7. Approval of disbursements in the amount of $165,093.13 for payroll, inclusive of employee salaries, employer and employee taxes and retirement contributions, miscellaneous voluntary employee deductions, holiday pay, and other adjustments, including retro-pay.

NEW BUSINESS

8. Adopt Resolution 05-16-2022-B establishing an electronic signature use policy.

Deputy City Clerk Jackie Smith presented and detailed this item to the Council.

Councilmembers discussed.

No public comments.

Motion made by Council member Garaventa, Seconded by Council member Segerstrom.

Voting Yea: Mayor Hawkins, Mayor Pro Tem Plummer, Council member Segerstrom, Council member Such, Council member Garaventa.

MONTHLY REPORTS

9. Receive the Sonora Police Department Monthly Report for April 2022.

10. Receive the Sonora Fire Department Monthly Report for April 2022.

11. Receive the Sonora Public Works Department Report for April 2022

12. Receive the Sonora Community Development Department Report for April 2022.

COUNCIL MEMBER/DEPARTMENT HEAD REPORTS
Police Chief Turu VanderWiel informed those in attendance that it was National Peace Officer Memorial Week and shared some relevant statistics.

Administrative Services Director Chris Gorsky informed those in attendance that the fiscal proposed budget for the upcoming year would be discussed at the next City Council meeting.

Community Development Director Rachelle Kellogg updated those in attendance on the Bank of Stockton, the Sidewalk Project, the Bathroom Project, and the Farmer's Market.

Mayor Pro Tem Plummer attended a recent Local Area Formation Commission (LAFCO) Meeting and the Tuolumne Utilities District (TUD), Board of Supervisors (BOS), and City Council Joint Meeting.

Councilmember Segerstrom attended the TUD, BOS, and City Council Joint Meeting, the Tuolumne County Transportation Council (TCTC) & Vision Sonora Committee Walking Tour, a YES Partnership Meeting, and a Cal Cities speech from the Secretary of State.

Councilmember Garaventa attended a Solid Waste Committee Meeting and a Tuolumne County Transportation Council Meeting.

Councilmember Such attended a Amador Tuolumne Community Action Agency (ATCAA) Meeting, the TUD, BOS, and City Council Joint Meeting, and a Tuolumne County Commission on Homelessness Meeting.
18 Item 7.

CITY COUNCIL REGULAR MEETING - MAY 16, 2022 PAGE 5 OF 5 Mayor Hawkins attended the TUD, BOS, and City Council Joint Meeting and attended the opening of the Senior Center.

Adjourned into Closed Session at 5:50 PM.

Staff was given direction.

ADJOURNMENT
Meeting adjourned at 6:14 PM.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II).

Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page. 19 Item 7.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Tracy Skelly, Administrative Services Officer
SUBJECT: Disbursements in the amount of $168,463.02 for payroll

RECOMMENDATION
Consider approval of disbursements in the amount of $168,463.02 for payroll, including employee salaries, employer and employee taxes, retirement contributions, miscellaneous voluntary employee deductions, holiday pay, and other adjustments, including retro-pay.

DISCUSSION
This payroll was the second (2
nd) payroll of the month, which was an expected amount.

This payroll is the 21
st payroll of 26 for FY22-23, we would have expected to expend 80.77% of the budgeted amount. In total, we have expended 72.10% of the Salaries and Wages for the FY 22/23 budget.

FISCAL IMPACT
Disbursements are part of the approved FY22-23 Budget.
20 Item 8.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
Tracy Skelly, Administrative Services Officer
SUBJECT: Approval of Comparator Agencies for Compensation Study

RECOMMENDATION
Consider approval of thirteen (13) identified comparator agencies to benchmark against for the City’s compensation study.

BACKGROUND
In an effort to recruit and retain qualified employees, a citywide compensation study was approved by Council on January 17, 2023. A well-designed and competitive compensation plan is a key part of delivering quality public services to the community. Regional Government Services (RGS) was selected, through a competitive process and the City entered into an agreement with RGS to complete a Compensation study. As part of the process, RGS analyzed the listed agencies utilizing standard criteria and recommended them to the City and the City Associations.

DISCUSSION
RGS will 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 based on 13 comparator or benchmark agencies. It is important that all parties, the Associations, City Administrator, and City Council are in agreement that the selected comparators accurately reflect a similarity of work and positions that exist at the City of Sonora.

The associations provided RGS with some original suggestions of comparator agencies; however, RGS uses six objective criteria to develop a suggested list of agencies. The criteria used to determine comparators consist of the following factors:
 Geographic Proximity
 Population
 Full-Time Equivalents (FTE)
 Operational Budget
 Percentage above/below U.S. Cost of Living Average
 Comparable Services
21 Item 9.

After discussion and revisions, the City Administration, City Associations, and RGS agreed upon a final list of thirteen (13) comparator agencies that staff recommend for approval and agreement by the City Council. The recommended comparator agencies are as follows:

Comparator Agency Overall Criteria Comparison Score
Angels Camp 25
Jackson 25
Escalon 23
Willits 20
Livingston 19
Newman 19
Placerville 17
Paradise 16
Lodi 14
Modesto 10
Stockton 10
County of Tuolumne 13
Grass Valley 13
This distribution should provide the best overall review of agencies with similar structure, job classifications, and functions to analyze all classifications within the City.

FISCAL IMPACT
The contract’s total estimated cost is not to exceed $35,000.00 and was budgeted as part of the FY22/23 Budget approved in June 2022.
22 Item 9.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Approve Resolution 05-01-23-A Authorizing the City Administrator to execute an agreement with the Bank of Stockton to provide the City with banking services.

RECOMMENDATION
Approve Resolution 05-01-23-A authorizing the City Administrator to execute an agreement with the Bank of Stockton to provide the City with banking services.

DISCUSSION
For years the City of Sonora has had a satisfactory banking relationship with the Bank of America.

However, over the last few years the cost of the services and the lack of features offered to a small City has led to the decision to look for a new banking relationship. After reviewing the services it was determined that the Bank of Stockton is best suited to meet those needs.

Some of the benefits of the Bank of Stockton offerings are:
 Provides earning credit on account balances, that at the City’s current monthly average balance, will offset all costs of services provided.
 Provide interest bearing checking account and a higher earning sweeps account. This will help the City maximize investment earnings
 Provides a feature called “Positive Pay” which only allows transactions that have been expressly approved to clear the account.
 Allows the City to remote deposit checks received.

The transition to the new bank be completed by the end of the Fiscal Year.

FISCAL IMPACT
The fiscal impact for the General Fund includes annual savings in bank fees of more than $5,000 and will provide increased interest revenues.

ATTACHMENTS
 Resolution No. 05-01-23-A
23 Item 10.

RESOLUTION No. 05-01-2023-A

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA AUTHORIZING

THE CITY ADMINISTRATOR TO ENTER INTO AN AGREEMENT WITH THE BANK

OF STOCKTON TO PROVIDE BANKING SERVICES
WHEREAS, fiscal prudence and financial responsibility are crucial for maintaining a stable and sustainable public agency budget; and
WHEREAS, checking and savings accounts are mechanisms for depositing and expending funds to conduct the business of the City of Sonora; and WHEREAS, administrative staff have conducted a detailed review of existing banking services received by the City and determined they are deficient in several key areas and a new banking relationship is necessary; and
WHEREAS, staff have reviewed the banking needs of the City and determined that the Bank of Stockton is best suited to meet those needs.

NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Sonora does hereby approve Resolution No. 05-01-23-A Authorizing the City Administrator to execute an agreement with the Bank of Stockton to provide the City with banking services.

PASSED, APPROVED AND ADOPTED as a Resolution by the Sonora City Council at a meeting held by the City Council on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mark Plummer, Mayor
ATTEST:

Tracy Skelly, City Clerk, City of Sonora
24 Item 10.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Turu VanderWiel, Chief of Police
SUBJECT: Accept Homeless Housing Assistance and Prevention Program Grant Award

RECOMMENDATION
Authorize the City of Sonora to accept an award from the Central Sierra Continuum of Care Homeless Housing Assistance and Prevention Program, not to exceed $135,220, and approve associated budget adjustments for the use of the funding.

DISCUSSION
In August of 2022, the Sonora Police Department, on behalf of the City of Sonora, responded to RFPs for a grant opportunity through the Central Sierra Continuum of Care (CSCOC), Homeless Housing Assistance and Prevention Program (HHAP). The grant provides local jurisdictions with funds to support regional coordination and expand or develop local capacity to address their immediate homelessness challenges.

Our project focuses on enhancing the Homeless Outreach Support Team's (HOST) capabilities and effectiveness and the City of Sonora's overall response to the homelessness crisis. These funds will be used specifically for Street Outreach efforts and Service Coordination by supporting a part-time Homeless Outreach Coordinator employee, overtime, and the tools and equipment needed for the project.

There is no required local match, and HHAP funds will be disbursed quarterly through Amador Tuolumne Community Action Agency (ATCAA) after submitting and receiving approval of projectrelated Funding Requests. Funds must be expended by June 30, 2026; however, no less than fifty percent is to be contractually obligated by May 2023.

FISCAL IMPACT
The overall budget appropriation for the Police Department would be increased by approximately $135,220.
25 Item 11.

Fund Amount Fund Account # Amount
CSCOC 001 503 $135,220.00
Total $0.00 Total $135,220.00
Authorization
City Administrator
(Date)
Entered By:

Department Head
Finance Director
(Date)
(Date)
Transaction Date
Document Number
Budget Adjustment for Award of the CSCOC HHAP Round 3 Grant Award REQUIRED: Please provide justification to support the need for the budget transfer.

Finance Use Only
Transfer From
Department Account #
Transfer To
Department
HHAP Round 3 Grant Program 5000
City of Sonora
Budget Transfer Request Form
Date FY 2022/23 - FY 2025/26
Budget Transfer #
Business Office
Fiscal Year
Department
5/1/2023
POLICE
4-26-23
26 Item 11.

CITY COUNCIL AGENDA REPORT
MEETING DATE: May 1, 2023
TO: City Council Members
FROM: Rachelle Kellogg, Community Development Director
SUBJECT: Ordinance 891 – Chapter 17.44, Cargo Containers

RECOMMENDATION
Introduce by title Ordinance No. 891, amending Section 17.04.010, Definitions, amending Section

17.32.065, Additional Activities Requiring Design Review, and adding Chapter 17.44, Cargo Containers, under Title 17, Zoning, of the Sonora Municipal Code, and waive the first reading.

DISCUSSION
There have been multiple complaints submitted to the Community Development Department regarding cargo containers being placed unpermitted, within parking areas, and in a way that would create a negative impact on the image of the neighborhood. The current code regulating cargo container placement is found in Section 17.32.065, Additional Activities Requiring Design Review, and is limited to the Design Review boundary. The section lacks specific requirements and standards for placement leaving staff to ambiguously interpret implementation of the code. Due to this lack of current standards, staff has struggled to address these concerns.

In response to this staff prepared Ordinance 891, Cargo Containers, for the City Council’s consideration which addresses the placement of cargo containers within City limits. The purpose of this ordinance is to allow cargo containers to be placed on private property in a manner that is safe and secure and will not create adverse impacts to either the property on which they are located or to the immediate neighborhood. With the rising popularity and use of cargo containers and similar structures, the goal is to allow the benefit to property owners while achieving standards that will prevent them from becoming a nuisance to the community and creating any unsafe conditions.

As stated above, the proposed ordinance takes into consideration design aesthetics, safety, and zoning regulations so as not to create an adverse effect on surrounding areas. The proposed ordinance establishes a procedure for staff to follow in reviewing cargo containers proposed in the City by requiring submittal of a Use Permit Application pursuant to Chapter 17.62. This would require applications for cargo containers to be conditionally approved at the discretion of the Planning Commission after demonstrating compliance with the ordinance.

The ordinance outlines the requirements in placement, design, and safety to ensure the container will not provide for any negative impacts to the area or unsafe conditions. It includes standards regarding design and aesthetics to reduce the visual impact to surrounding areas. Many of the cargo containers are worn, have branding from freight use, missing paint, and surface rust. Standards for screening, location, setbacks, height, and painting will alleviate much of these concerns. Further, a permanent cargo container must acquire a building permit and be secured on a permanent foundation to prevent hazards.

Also, door modifications to allow exiting cargo containers from the inside must be verified in the building 27 Item 12.
permit. Fire safety and right-of-way access must be maintained as well. The storage of hazardous materials and combustible or flammable liquids is also addressed under the proposed ordinance.

While not all cargo container proposals may follow within the specific standards and parameters of the proposed ordinance, with cargo containers requiring a use permit, unique situations can be analyzed individually. Through this, staff can present their recommendations for best implementation of standards in the ordinance to minimize impacts.

At their April 10, 2023 Planning Commission Meeting, Commissioners reviewed the Title 17 text amendment related to Cargo Containers and approved Resolution No. 04-10-2023-A recommending to the Sonora City Council approval of an ordinance as described within the attached Resolution and included within the draft Ordinance No. 891.

CEQA DETERMINATION:

The project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(3), Common Sense Exemption, of the CEQA Guidelines, which exempts an activity that has no potential for causing a significant effect on the environment.

FISCAL IMPACT
None

ATTACHMENTS

1. Public Hearing Notice

2. Planning Commission Resolution #04-10-2023

3. Draft Ordinance 887
28 Item 12.
29 Item 12.
30 Item 12.

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Sonora City will conduct a public hearing at 5:00 PM, or shortly thereafter, on the 1st day of May, 2023, in the Sonora City Council Chambers, 94 North Washington Street, Sonora, CA for the purpose of considering the following:

1. Code Amendment. Title 17 Text Amendment – Cargo Containers Text amendment to Title 17, Zoning, of the Sonora Municipal Code, amending Section

17.04.010, Definitions, amending Section 17.32.065, Additional Activities Requiring Design Review, and adding Chapter 17.44, Cargo Containers.

This meeting is physically open to the public or members of the public may participate in the meeting via video conferencing. The posted meeting agenda will include the phone number and passcode needed to participate in the teleconference. Pursuant to State law, challenges in court to actions on the above proposal may be limited to issues raised during public hearings or meetings conducted on the matter, or in correspondence submitted prior to the start of the meeting.

At its meeting of April 10, 2023, the City of Sonora Planning Commission held a public hearing on said project. Subsequent to the hearing the Commission voted to recommend approval by the City Council. The above text amendment is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15282(h) and Public Resource Code Section 21080.17 which exempts the adoption of an ordinance regarding second units.

The project staff report will be available for review at the City of Sonora Community Development Department, 94 North Washington Street, Sonora CA 95370, Monday through Friday, between the hours of 8:00 AM and 4:00PM or on the City’s website at www.sonoraca.com.. Questions regarding the project may be directed to Community Development Director Rachelle Kellogg at (209) 532-3508 ext. #2.

Upon request, the agenda and the documents in the meeting agenda packet can be made available to persons with a disability. In compliance with the Americans with Disabilities Act, the City encourages those with disabilities to participate fully in the meeting process. Any person requiring special assistance to participate in the meeting should call 209-532-4541 at least forty-eight (48) hours prior to the meeting.

Rachelle Kellogg
Community Development Director
-vPublication Date: April 21, 2023 The Union Democrat
Sonora, CA
31 Item 12.

Ordinance 891 – Chapter 17.44 Cargo Containers

Page 1 ends

ORDINANCE NO. 891

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA
AMENDING SECTION 17.04.010, DEFINITIONS, AMENDING SECTION

17.32.065, ADDITIONAL ACTIVITIES REQUIRING DESIGN REVIEW, AND ADDING CHAPTER 17.44, CARGO CONTAINERS, TO THE
SONORA MUNICIPAL CODE.

WHEREAS, due to rising popularity of cargo containers used on private property, the City of Sonora should strategically implement into the municipal code standards and requirements regarding such; and
WHEREAS, the existing cargo container regulations in Section 17.32.065, Additional Activities Requiring Design Review, are lacking, ambiguous, and difficult to implement; and
WHEREAS, the purpose of the proposed ordinance amendments, including the addition of Chapter 17.44, Cargo Containers, is to establish procedures for regulating cargo containers including design, location, safety, and construction standards; and WHEREAS, the proposed new Chapter 17.44 clearly outlines the standards for cargo containers, making it easier for both property owners in the City and staff to interpret and process applications for cargo containers; and WHEREAS, the proposed new Chapter 17.44 provides standards to safeguard life, health, property, and public welfare in keeping with the character of the City and its historic area.

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

SECTION 1. AMENDMENTS TO TITLE 17, ZONING.

1. Section 17.04.010, Definitions, of Title 17, Zoning, of the Sonora Municipal Code shall be amended to include the following text in alphabetical order:
“Cargo container” means a pre-manufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The term “cargo container” shall not include a storage shed that is assembled at the site or a trailer with wheels used in the transport of freight. This term shall only apply to those containers that are accessory to the primary use of the property for the storage of directly related nonflammable, noncombustible, nonhazardous materials, and supplies. This definition means also terms 32 Item 12.

Ordinance 891 – Chapter 17.44 Cargo Containers

Page 2 ends

including “shipping container”, “c-train”, “conex box”, and similar verbiage for means of implementation.

2. Section 17.32.065(B), Additional Activities Requiring Design Review, of Title 17, Zoning, of the Sonora Municipal Code shall be amended as follows (a deletion of text is shown as a strike through):

B. The placement of nonresidential manufactured or modular buildings, storage or cargo containers.

3. Section 17.44, Cargo Containers, of Title 17, Zoning, of the Sonora Municipal Code shall be added to the Sonora Municipal Code as follows:

Chapter 17.44
Cargo Containers

17.44.010 Purpose
The purpose of this section is to allow cargo containers, as defined in this Title, to be placed on private property in a manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood, will achieve community architectural and design standards, and will not become a nuisance to the community.

17.44.020 Temporary Use
Temporary use of cargo containers shall be allowed as follows:

A. No cargo container permit shall be required when the cargo container is used during construction and a valid building permit is active for the property; provided, that use and placement is approved by the Building Official and Fire Department.

B. No cargo container permit shall be required to place a cargo container on private property for a period of ten (10) days or less; provided, that all applicable conditions of approval listed in section 17.44.080 of this chapter are met. For residential uses only, such temporary cargo containers are not required to be screened and may be placed in the front yard on a paved driveway so long as the cargo container does not encroach into the landscaped area, onto sidewalks, or into public rights-of-way, and there is sufficient room to open the garage door to allow access and egress in case of emergency.

C. A temporary use of land permit shall be obtained from the Community Development Department for a period of greater than ten (10) days but no more than three (3) months each year; provided, that all of the conditions of approval applicable in section 17.44.080 of this chapter are met, with the exception that cargo containers screened from public view from the public right-of-way or an adjacent property shall not be required to meet the design requirements of section 17.44.080(K) of this chapter. The complete application shall be provided with a fee in the amount of $100.
33 Item 12.

Ordinance 891 – Chapter 17.44 Cargo Containers

Page 3 ends

D. The cargo container must be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit.

17.44.030 Exceptions
City-owned property and City Uses. For city-owned property and city uses (regardless of the underlying zoning district), one or more cargo containers for storage use may be permitted with approval of the Community Development Director. The number of cargo containers allowed and the time period for which a cargo container may be used under this subsection shall be established by the Community Development Director.

17.44.040 Extended and Permanent Use of Cargo Containers A use permit shall be required prior to placing a cargo container on any private property for more than three (3) months. The approval shall be specific to a location and shall not be transferable to other locations or property. An application for a use permit shall be submitted for approval of a cargo container not less than sixty (60) days before the use is intended to begin. The application shall be on a form prescribed for that purpose by the Community Development Department and shall include the written consent of the owner of the property on which the use is to be located.

17.44.050 Public Right-of-Way Restriction
No cargo container may be placed in the public right-of-way unless an encroachment permit is approved and issued by the Community Development Department.

17.44.060 Cargo Container Use Permit Application Review and Approval All procedures for processing cargo container use permit applications shall be in accordance with those outlined in Sonora Municipal Code 17.62, Use Permit and Variance Procedure.

A. Once the use permit application has been accepted as complete, the Community Development Director or designee shall refer the use permit application to City Departments and any other agencies deemed appropriate by the Community Development Director for comment.

B. In considering application for a use permit pursuant to this section, the Planning Commission shall approve the permit only if the following findings are made and subject to the limitations and conditions of this section:

1. The proposal is consistent with the General Plan, the zoning ordinance, the design guidelines, and any other applicable plans or standards applicable to the property; and

2. The proposal meets all applicable design standards and provisions of this section; and

3. The proposal is in harmony with the existing or proposed development in the general area or neighborhood and will be compatible with adjacent structures and uses, including those on adjoining properties; and

4. That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, walls, fences, parking, loading, landscaping, and other features required by the Sonora Municipal Code or the Planning 34 Item 12.

Ordinance 891 – Chapter 17.44 Cargo Containers

Page 4 ends

Commission to make sure such use is compatible with the land and uses in the vicinity; and

5. Any structural element contained within the proposal is of high-quality design consistent with the intent of the Sonora General Plan and the exterior design, appearance, materials, and colors will not cause the nature of the neighborhood to materially depreciate; and

6. The proposal will not otherwise constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community.

17.44.070 Fee
A fee shall be paid by the applicant according to the fee schedule set by the City Council for use permit applications.

17.44.080 Conditions of Approval
In authorizing any use permit for a cargo container, the Community Development Director shall include as conditions of approval the following minimum provisions:

A. Accessory use. A cargo container may be erected on a property when the use thereof is clearly incidental and secondary to the primary use of the property: For purposes of this section, a cargo container shall not be issued for a property where there is no approved primary use. The primary use of the property shall dictate which development standards are applicable to placement of the cargo container.

B. Height. Cargo container(s) shall not be stacked and shall not be greater than ten (10') feet in height including the foundation system, as measured from the property grade.

C. Setbacks. Cargo container(s) shall meet all applicable side and rear setback requirements. Cargo container(s) shall not be permitted in any front yard setback or areas adjacent to front yard setbacks visible to the public.

D. Location. The proposed location shall not interfere with other uses, pedestrian/vehicular visibility, required parking, landscaping, or circulation on the property, or create any other safety problem. The cargo container(s) shall not be placed in a “fire lane” or other fire access lanes. The cargo container(s) must be accessible by a paved drive aisle. Cargo containers are not allowed to be placed permanently within the historic area as defined in Sonora Municipal Code Section 17.32.030(B).

E. Contents. Cargo containers permitted pursuant to this Chapter are for permitted for storage purposes only. Human occupancy is prohibited. No hazardous materials and combustible or flammable liquids may be stored in the container.

F. Screening. Cargo container(s) shall be screened from view from the public right-of-way and from view of adjacent residential uses or districts using methods such as, but not limited to, line of sight behind buildings or walls with landscaping and construction of walls with vines.
35 Item 12.

Ordinance 891 – Chapter 17.44 Cargo Containers

Page 5 ends

G. Number and size. The number shall be limited to one (1) container per property, no greater than forty (40’) in length. Lot coverage cannot exceed the allowed amount for the specific zone district.

H. Signs. No advertising or directional signs shall be mounted, painted, or displayed on the container except that temporary containers may display the rental or leasing company name and/or logo permanently affixed or painted on the container.

I. Building permit. A building permit shall be required for all permanent cargo containers.

Doors shall be modified to allow persons to freely exit the cargo container.

J. Foundation system. All permanent cargo containers must be structurally secured to a foundation system approved by the Building Official.

K. Design. All applicable development standards and design guidelines for the zoning district shall apply. Permanent cargo containers must be painted to match the primary building to achieve architectural compatibility.

17.44.090 Amortization
All cargo containers existing in the city as of the effective date of the ordinance codified in this section shall conform to the following:

A. Cargo containers for which prior approval was granted by the city or another agency with jurisdiction over the permit issuance shall be allowed to remain, subject to continued compliance with their original conditions of approval, if any.

B. Cargo containers that have been installed without prior approval of the city shall be removed within ninety (90) days of the effective date of this ordinance or shall be brought into conformance with the requirements of this chapter.

SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SECTION 3. PUBLICATION AND EFFECTIVE DATE. This ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.

SECTION 4. CERTIFICATION OF COUNCIL ADOPTION AND APPROVAL. This Ordinance was introduced at a regular meeting of the City Council held on the 1 st of May, 2023,
and passed and adopted as Ordinance No. 891 at a regular meeting of the City Council held on the 15th of May, 2023 by the following vote:

AYES:
36 Item 12.

Ordinance 891 – Chapter 17.44 Cargo Containers

Page 6 ends

NOES:

ABSENT OR ABSTAIN:
____________________________________
Mark Plummer, Mayor
ATTEST:

Tracy Skelly, Deputy City Clerk
Approved as to Form:
__________________________________
Douglas L. White, City Attorney
Publish: The Union Democrat, Sonora
____________________, 2023
37 Item 12.

CITY COUNCIL AGENDA REPORT
MEETING DATE: April 18, 2022
TO: City Council Members
FROM: Melissa Eads
SUBJECT: Ratification of the City Administrator’s Emergency Contract Award to Dewberry Engineers Inc., for the Main Drain Field Inspection and Condition Assessment

RECOMMENDATION
Ratify the City Administrator’s execution of a Professional Services Agreement between the City of Sonora and Dewberry Engineers Inc., in an amount not to exceed $49,750 for an emergency Field Inspection and Condition Assessment of the City’s Main Drain as a result of severe storms and flooding.

DISCUSSION
The City Administrator has executed the attached Professional Services Agreement with Dewberry Engineers Inc., in the amount of $49,750 for an emergency Field Inspection and Condition Assessment of the City Main Drain. Staff became increasingly concerned with the conditions of the facility as a result of the January storms. An effort was made to immediately secure an engineer with the capacity for inspection. Out of an abundance of concern for safety, time and consideration was made to secure a consultant team with needed engineering experience and oversight paired with the technology capacity for drone exploration as well as confined space rescue stand-by services.

BACKGROUND
The Sonora Main Drain (Main Drain) serves as the principal stormwater conveyance system for large areas within the City of Sonora (City), southeast of Stockton Road (SR-49) and on either side of Washington Street, Stewart Street, and Restano Way. The Main Drain consists of approximately 1,200 ft of stacked rock (stone) tunnel, 650 ft of 18-inch high-density polyethylene (HDPE) pipe, 3,100 ft of 24-36 inch corrugated metal pipe (CMP), 75 ft of 36-inch reinforced concrete pipe (RCP), and 100 ft of concrete culvert. The stone tunnel component of the Main Drain is over 150 years old and is now located below a state highway (SR-49), parking areas, buildings, and City streets. The limits of the Main Drain are illustrated in Figure 1.

Certain limited sections of the stone tunnel have experienced collapses based on photographs compiled from authorized and unauthorized individuals accessing the Main Drain. Collapses of the sidewalls of the stone tunnel have prompted concerns regarding the overall integrity of the Main Drain and the possibility of a catastrophic failure of the system, particularly below SR-49. These concerns have been shared with Caltrans staff, resulting in a subsequent action by the City to initiate a field inspection and condition assessment of the Main Drain. The City has requested assistance from Dewberry Engineers Inc. (Consultant) to conduct the field inspection and to prepare a condition 38 Item 13.
assessment report of the Main Drain which could then serve as a basis for possible repair, rehabilitation, or replacement options.

To complete the field inspection and condition assessment, the Consultant will utilize the services of the following:
 HRL LLC d/b/a Hovrtek – confined space drone inspection  Rescue Solutions – confined space rescue stand-by services  360 Pipeline Inspections – CCTV inspection of storm drain pipelines An anticipated list of tasks includes the following:
 Task 1 – Coordination of Field Inspection Services
 Task 2 – Field Inspections of Main Drain
 Task 3 – Condition Assessment
 Task 4 – Development of Repair/Rehabilitation/Replacement Options  Task 5 – Summary Report
 Task 6 – Meetings
Each task is detailed in the attached Contract Exhibit A Scope of Services.

FISCAL IMPACT
Funding for this project was allocated as an emergency set aside in the FY 2023/2024 and included in the January Emergency declaration.
39 Item 13.
40 Item 13.
41 Item 13.

City of Sonora - Main Drain Field Inspection and Condition Assessment Scope of Services
April 10, 2023

Page 1 ends

h:\2023\sonora main drain\20230410 scope and fee.docx
City of Sonora
94 N. Washington Street
Sonora, CA 95370
(209) 532-4541
sonoraca.com
Main Drain Field Inspection and Conditions Assessment
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 Dewberry, 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 $49,750. In no event shall Consultant's compensation exceed $49,750 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. 42 Item 13.

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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 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 to 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 subconsultants, 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 subconsultants, 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 43 Item 13.

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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 b. possesses no authority with respect to any City decision beyond 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 by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be 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 44 Item 13.

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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 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 as respects the City, its elected or appointed officers, officials, employees, agents, and volunteers. Any insurance 45 Item 13.

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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.
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 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 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: Dewberry Engineers Inc.
903 West Center Street, Suite 1
Manteca, CA 95337
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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 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 47 Item 13.

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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: DEWBERRY ENGINEERS INC.

By: By: ______________________________
Melissa Eads,
City Administrator
ATTEST:

Tracy Skelly
City Clerk
APPROVED AS TO FORM:

Douglas White, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Task 1 – Coordination of Field Inspection Services
Coordination of field inspection services by the Consultant will include the following:

1.1 Collection and review of available documentation to create a database related to the historic condition of the stone tunnel and storm drain pipelines.

1.2 Outreach to Caltrans staff to solicit available information derived from previous limited inspection efforts.

1.3 Preparation of a Field Inspection Plan (FIP) for review by City staff. The FIP will outline the approach and objectives for field inspection activities and preliminary criteria to be used in the subsequent condition assessment. Entry to confined spaces is not anticipated in preparation of the FIP.

1.4 Preparation of a Safety and Rescue Plan (SRP) by Rescue Solutions for review by the City Fire Chief.

1.5 Outreach to City Public Work staff to confirm assistance to be provided during field inspection activities.

1.6 Scheduling of Consultant team, City staff, and Caltrans personnel during field inspections.

Task 2 – Field Inspections of Main Drain
Although manned confined space inspections are not planned as part of the Main Drain inspection, some limited personnel entry at the access points may be required to facilitate the launching/ retrieval of an inspection drone and a CCTV camera. Consistent with the approved SRP, a standby confined space rescue team will be onsite during all inspection activities. The standby confined space rescue team furnished by Rescue Solutions will consist of two rescue technicians (fire department personnel) trained as CPR/EMS first responders and certified in confined space rescues. The confined space rescue team will be equipped with ropes and hardware for anchoring and rigging retrieval lines, multi-pod Sked/Stokes litter, SCBA/supplied air, hard line communication, radios, air monitoring equipment, and ventilation fan. Additional information regarding the capabilities and qualifications of Rescue Solutions is found in Attachment 1.

Visual inspection of the stone tunnel will be accomplished by a drone piloted by HRL. The drone will enter/exit the stone tunnel at multiple access points as illustrated in Figure 2.

Assistance by City forces is assumed in the removal of grates, storm drain manhole covers, inlet covers, and other obstructions that limit access to the stone tunnel. Any required right of entry to private property to access the stone tunnel will be obtained by the City. The drone camera will be monitored continuously by the drone pilot and a structures engineer 49 Item 13.

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from the Consultant. As the drone inspection work progresses, Dewberry’s structures engineer will direct the pilot to stop at locations of concern (structure sloughing, blockage, damage, etc.) to mark the location and take additional video of that particular location. The intent of the video feed monitoring is to form an opinion of the overall condition of the tunnel and note the locations and number of areas of concern within the tunnel to determine the overall magnitude of the existing problems. Dimensions of the areas of concern will be approximated but not physically measured. A video file of the stone tunnel inspection will be created including accompanying narration to highlight key observations and comparisons to historical information regarding the stone tunnel condition.

Field inspections of storm drain pipelines will be accomplished by 360 Pipeline Inspections using a closed-circuit television (CCTV) camera. The periphery of storm drain pipelines will be televised using a pan and tilt resolution camera with 10x optical/12x digital zoom with automatic iris,
530 lines of resolution, and one lux sensitivity to light. The camera will be attached to a sixwheel, steerable crawler with backeye camera for maneuvering past obstacles. Where sharp bends or diameters smaller than the transporter camera are encountered, a push/rod reel with high-resolution digitally zoom 3x self-leveling axial color camera with shadow-less adjustable illumination up to
12K lux with footage counter will be employed.

Flushing of storm drain pipelines by City forces is assumed prior to CCTV pipeline inspections. The CCTV inspection will be documented in an electronic, high-resolution MPEG-4 color video recording and will include image files and National Association of Sewer Service Companies (NASSCO) Pipeline Assessment Certification Program (PACP) defect coding database/report. In support of CCTV inspection activities, traffic control plans will be submitted to the City for approval with traffic control measures employed subsequently by 360 Pipeline Inspections.

The results of the field inspections will be summarized in a brief technical memorandum (TM) and submitted to City and Caltrans staff. Conclusions from the Consultant will then be shared in a post-field inspection meeting with City staff and the City Council as outlined under Task 6.2.

Task 3 – Condition Assessment
Upon completion of the field inspection work, the Consultant will prepare an overall assessment of the stone tunnel. The assessment includes a location and description of each observed area of concern on a plan view map of the existing tunnel and associated pictures.

For storm drain pipelines, the condition assessment will include documentation of inspection findings, health of selected storm drain pipe and manholes using a rating system based on NASSCO PACP and Manhole Assessment Certification Program (MACP) grading system. This system will compare the Structural Defects and Operation and Maintenance Defects of each 50 Item 13.

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pipe segment and then assign a rating grade. The category with the highest rating would indicate the likeliest Probability of Failure (PoF) for an asset. PoF ratings will range from Critical Condition (80%-100% PoF) to Excellent Condition (0-19% PoF).

Task 4 – Development of Repair/Rehabilitation/Replacement Options Following completion of the condition assessment, repair/rehabilitation/replacement options will be identified as follows:
 Areas of immediate repairs needed within the stone tunnel as noted during the field investigation.
 Methods to rehabilitate/reconstruct segments of the tunnel to extend service life and improve durability.
 Segments of stone tunnel that are readily replaced with a box culvert or reinforced concrete pipe.
 Storm drain pipeline improvements including:
o Cured-in-place pipe lining (CIPP)
o Slip lining
o Pipe bursting
o Spray lining
o Excavation and replacement
Order of magnitude projections of probable construction costs for preferred options will be developed along with suggested implementation steps. The results of Task 4 will be included in the Summary Report to be prepared under Task 5.

Task 5 – Summary Report
The results of the field inspections and condition assessment for the stone tunnel and storm drain pipelines for the Main Drain will be documented in a summary report along with an overview of alternative repair/rehabilitation/replacement options. Feedback from key stakeholders will be presented along with recommended next steps in implementing improvements to the Main Drain. A tentative outline of the Summary Report is as follows:
 Summary of Background Information
 Description of Main Drain Components
 Conclusions from Previous Inspection Efforts
 Description of Methodologies Used to Inspect Main Drain  Results of Confined Space Inspections of Main Drain
 Summary of Condition Assessment
 Discussion of Repair/Rehabilitation/Replacement Options  Recommended Implementation Plan
The draft Summary Report will be submitted to City staff for review and comment. A presentation to City Council highlighting the conclusions of the report is anticipated under 51 Item 13.

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Task 6.4. Comments received from City staff and key stakeholders will then be incorporated into the document and a final Summary Report will be submitted to the City.

Task 6 – Meetings
The following meetings are anticipated during completion of field inspection and condition assessment activities:

6.1 Pre-field inspection meeting: the FIP and SRP will be reviewed with City and Caltrans staff and questions answered during a virtual meeting prior to initiating the field inspection work.Based on input received during the meeting, the SIP and SRP will be revised and resubmitted to the City.

6.2 Post-field inspection meeting: the results of the field inspection will be shared with City and Caltrans staff along with initial conclusions regarding system condition. A briefing to City Council is anticipated in conjunction with the post-field inspection meeting.

6.3 Draft Summary Report review meeting: following submission of the draft summary report, a virtual meeting will be conducted with City staff to present conclusions and recommendations. Based on input received during the meeting, the draft Summary Report will be revised and resubmitted to the City.

6.4 Presentation of Summary Report to City Council: the Consultant will present the final summary report to City Council and respond to questions. Assistance to City staff in preparing the staff report is anticipated under this subtask.

The results of project meetings will be documented by the Consultant in meeting minutes to be submitted to City staff within one week following the meeting.

FEE ESTIMATE SUMMARY
The projected fee to complete the field inspections and condition assessment is $49,750 summarized as follows:

Task 1 – Coordination of Field Inspection Services $4,500 Task 2 – Field Inspections of Main Drain $26,500
Task 3 – Condition Assessment $6,000
Task 4 – Development of Repair/Rehabilitation/Replacement Options $3,000 Task 5 – Summary Report $2,500
Task 6 - Meetings $7,250
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