CITY COUNCIL REGULAR MEETING - NOVEMBER 20, 2023 PAGE 1 OF 3
CITY COUNCIL REGULAR MEETING
Monday, November 20, 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, November 20, 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 citizens who wish to provide public comment during the meeting will be invited to do so by the Mayor.
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].
Public Access Audio and Video Live Streaming
The Public will not have access to give public comments via public access audio and video live streaming; they are available for audio and visual only; and can be accessed via our website at www.sonoraca.com.
Remote viewing of the meeting via live streaming is provided to members of the public as a courtesy. If the livestreaming connection malfunctions for any reason and no Council Members are attending via teleconference, the City Council will continue the public meeting in Chambers without remote access.
CLOSED SESSION - 4:00 PM
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS
ADJOURN INTO CLOSED SESSION
1. Conference with Legal Counsel – Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section § 54956.9: One (1) Potential Case; Doug White, City Attorney, Melissa Eads, City Administrator.
2. Conference with Legal Counsel – Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section § 54956.9: One (1) Potential Case; Doug White, City Attorney, Melissa Eads, City Administrator.
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3. Conference with Legal Counsel – Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section § 54956.9: One (1) Potential Case; Doug White, City Attorney, Melissa Eads, City Administrator.
4. Conference with Real Property Negotiations, Government Code Section § 54956.8 Property: APN 002-151-012, Sonora, CA, Tuolumne County 95370 Agency Negotiators: 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).
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.
5. Consider approval of the Mayor's appointment of Kurt Bryant and Curtis Wicks to the Tuolumne County Transportation Council (TCTC) Citizen's Advisory Committee (CAC) as representatives of the City of Sonora with terms to expire on July 31, 2026, and May 31, 2025, respectively; Mark Plummer, Mayor.
6. Consider approval of disbursements in the amount of $168,128.93 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.
7. Consider approval of a two-year lease extension between the City of Sonora and the Center for a Non-Violent Community for the City-owned property at 542 W. Stockton; Chris Gorsky, Administrative Services Director.
UNFINISHED BUSINESS
2 CITY COUNCIL REGULAR MEETING - NOVEMBER 20, 2023 PAGE 3 OF 3
8. Consider adoption of a Resolution affirming or reversing the Police Chief’s Public Convenience or Necessity Determination regarding the 99 Cents Store's ABC License Application; Douglas White, City Attorney.
PRESENTATIONS
9. Receive a presentation from Citygate Associates, LLC. on the final report of the City of Sonora Organizational Review and Budget Stabilization Study; adopt the City Mission, Vision, and Values; and direct staff to bring back project priorities in a mid-year budget adjustment or subsequent annual budgets.
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 4
Item 5.
5 Item 5.
6 Item 5.
7 Item 5.
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Tracy Skelly, Administrative Services Officer
SUBJECT: Disbursements in the amount of $168,128.93 for payroll
RECOMMENDATION
Consider approval of disbursements in the amount of $168,128.93 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 (2nd) payroll of the month, which was an expected amount.
This payroll is the 10th payroll of 26 for FY23-24, we would have expected to expend 38.46% of the budgeted amount. In total, we have expended 31.34% of the Salaries and Wages for the FY 23-24 budget.
FISCAL IMPACT
Disbursements are part of the approved FY23-24 Budget.
8 Item 6.
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023
TO: City Council Members
FROM: Chris Gorsky, Administrative Services Director
SUBJECT: Lease extension between the City of Sonora and the Center for a Non-Violent Community (CNVC) for the City owned property at 542 W. Stockton Street.
RECOMMENDATION
Staff recommends approval of a two-year lease extension between the City of Sonora and the Center for a Non-Violent Community for the City owned property at 542 W. Stockton.
DISCUSSION
The Center for a Non-Violent Community has leased this building for some time and is desirous of a renewal. Among the services they provide are:
Intervention and advocacy services to victims of domestic violence, sexual assault, sexual harassment, child abuse, community violence, and gender inequality. Education and prevention activities to the community that reduce the incidence of physical, sexual, emotional violence towards children, each other, and ourselves. Prevention activities which contribute to changing social norms regarding violence, gender inequality, or discrimination.
Information, education, training, and personal growth opportunities for community members in order to improve their quality of life.
Facilitate systems and policy changes in order to improve the economic, social and psychological quality of life for the community.
Coordinate and collaborate with other national, state and local institutions and organizations in achieving these goals.
FISCAL IMPACT
The rental payments have been budgeted in the FY23/24 Budget that was passed in June 2023 and will be deposited into the General Fund.
9 Item 7.
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1 LEASE AGREEMENT
This LEASE AGREEMENT (“Agreement”) is executed this _____ day of November 2023 (“Effective Date”), between the CITY OF SONORA, a California municipal corporation, hereinafter referred to as “Lessor,” and the CENTER FOR A NON-VIOLENT COMMUNITY, a California non-profit corporation, hereinafter referred to as the “Lessee.” Lessor and Lessee may be referred to in this Agreement collectively as the “Parties.”
RECITALS
A. Lessor owns that certain, plot, parcel, or tract improved with a structure, together with all rights and privileges arising in connection therewith, commonly known as 542 Stockton Street, APN 002-210-041, of the Steinmetz Subdivision, in the City of Sonora, County of Tuolumne, State of California (collectively, the “Property”).
B. Lessee desires to lease an approximate 1702 sq. ft. office building on 0.71 acres of Property for the purpose of providing services as the Center for a Non-Violent Community and other related activity. Lessor desires to grant Lessee the right to use a 1702 sq. ft. office building and 0.71 acres of Property in accordance with this Agreement.
THEREFORE, in consideration of the mutual promises herein contained, and other good and valuable consideration, the Parties agree as follows:
AGREEMENT
Section 1. Lease of Premise. Lessor hereby leases to Lessee an approximately 1702 sq. ft. office building and 0.71 acre Property (the “Premises”) and Lessee hereby leases the same from Lessee.
Section 2. Permitted Use. Lessee may use the Property for the sole purpose of providing services as the Center for a Non-Violent Community and other related activity (the “Permitted Use”).
Section 3. Term. The term of this Agreement shall be two (2) years, commencing on December 1, 2023, and terminating on November 30, 2025 (the “Term”). The Parties may agree to one (1) year extensions of the Term based on mutually agreeable conditions by the express written consent of both Parties. Either party can terminate this Agreement with ninety (90) days written notice, pursuant to the notice requirements set forth in this Agreement.
Section 4. Rent. Lessee shall pay Lessor rent in accordance with the Rent Schedule, attached hereto as Exhibit A (“Rent”). Rent shall be payable on the first day of each and every month.
Lessee shall commence with paying Rent on December 1, 2023, payable to the City of Sonora, 94 North Washington Street, Sonora, California, 95370, Attention: City Administrator.
Section 5. Penalty. All Rents are due on the first day of the month. If the first falls on a weekend or holiday, the Rent is due the following City business day. There is no grace period. 10 Item 7.
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2 There will be a ten percent (10%) penalty, based on the total rent amount, for any late payment. If a check is returned by the bank, the ten percent (10%) penalty will be assessed, as well as a $20.00 service charge. If a check is returned by the bank, all future Rent payments will require payment in cash, or by cashier’s check, certified check, or by money order until such policy is rescinded by the City Administrator.
Section 6. Fixtures. Lessee shall not make any alterations or additions to the Premises without prior written consent of Lessor. Lessee further agrees not to use or keep on the Premises any article which the Lessor’s Risk Management Authority may deem hazardous, which would increase the rate of Lessor’s insurance premium.
Section 7. Waste or Nuisance. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code or in Section 8.20 of the Sonora Municipal Code on said Premises and Lessee shall not use or permit the use of said Premises for any unlawful purpose.
Section 8. Utilities. This Agreement does not include utilities or other services. Lessee shall, during the Term of this Agreement, subscribe and pay for all electricity, telephone, water, sewer, propane, garbage disposal, and any other utilities and services used on said Premises and in addition all janitorial costs for cleaning and maintaining the interior of the Premises.
Section 9. Alterations and Repairs (Condition of Premises). Lessee accepts the Premises, as well as the improvements thereon and the facilities appurtenant thereto, in its present condition.
Lessee represents to Lessor that it has inspected the Premises, that it has been assured by means independent of Lessor or any agent of Lessor of the truth of all facts material to this Agreement, and that the Premises is being leased by Lessee as a result of its inspection and investigation and not as a result of any representation made by Lessor or any agent of Lessor. Lessee promises to keep the Premises in a neat and sanitary condition and to immediately reimburse Lessor for any sums necessary to repair any item, fixture, or appurtenance that requires services due to misuse or negligence on the part of Lessee, its agents, or Lessee’s invitee(s).
Section 10. Maintenance or Repair. Lessor shall at all times, at its own cost and expense, maintain the roof and outside portion of the building, walks, driveway, and parking area as herein provided, except such repairs made necessary by the willful or negligent acts of Lessee or any other person using the Premises with the consent of Lessee, and in such case Lessee will make the necessary repairs at its own cost and expense. Lessee, shall at its own cost and expense maintain the interior of the building, including all plumbing, heating, cooling, and electrical features and equipment located therein. The Lessor will provide the maintenance for the heating and air conditioning unit as required. All cleaning, including maintenance of the garbage disposal, shall be the responsibility of and paid by Lessee. At the end of the Term, the Lessee shall return the Premises to the Lessor including all improvements in good condition, except for ordinary wear and tear.
The yard on the Premises is to be maintained by Lessee. Lessee shall water vegetation as required, regularly mow lawns, remove weeds, and prune any shrubs as may be required to maintain the yard’s appearance. The Lessee shall prevent any accumulation of leaves, dry grass, pine needles, 11 Item 7.
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3 or other flammable material within 30 feet of any improvements on the Property. Lessor shall be responsible for pruning any trees on said Property.
At all times, Lessee shall maintain a four (4) foot walkway and fire clearance along the north side of the Premises, between the building and retaining wall.
Section 11. Subletting or Assignment. Lessee shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement, or any right or interest in the Premises or any of the improvements that may now or hereafter be constructed or installed on the Premises without the express written consent of Lessor. Neither shall Lessee sublet the Premises or any part thereof or allow any other person, other than Lessee, its agents, servants, and employees, to occupy the Premises or any part thereof without the prior written consent of Lessor.
Consent by Lessor to one assignment, subletting, or occupation of the Premises by another person shall not be deemed a consent to any subsequent assignment, subletting, or occupation of the Premises by any person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it is voluntary or involuntary, by operation of law or otherwise, is void and may, at the option of Lessor, terminate this Agreement.
Section 12. Inspection by Lessor. Lessee shall permit Lessor or Lessor’s agents, representatives, or employees to enter said Premises at all reasonable times for the purpose of inspecting the Premises.
Section 13. Surrender of Premises. On expiration or sooner termination of this Agreement, or any extensions or renewals of this Agreement, Lessee shall promptly surrender and deliver said Premises to Lessor in as good a condition as it is now, at the date of this Agreement, reasonable wear and tear and repairs herein required to be made by Lessor excepted.
Section 14. Insurance Coverage. During the Term, the Lessee shall maintain in full force and effect policies of insurance set forth herein, which shall be placed with insurers with a current A M Best’s rating of no less than A VII and will provide Lessor with written proof of said insurance.
Lessee shall maintain coverage as follows:
(a) General Liability. Lessee shall carry comprehensive general liability insurance in an amount of no less than One Million Dollars ($1,000,000.00) combined single limit for each occurrence, covering bodily injury or death, and Five Hundred Thousand Dollars ($500,000.00) for property damage. If comprehensive general liability insurance or another form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Premises or the general aggregate shall be no less than One Million Dollars ($1,000,000.00). (b) Worker’s Compensation Insurance. Lessee shall carry workers’ compensation insurance as required by the California Labor Code.
(c) Fire Insurance. Each party to this Agreement shall keep its interest in the leased Premises, the structures thereon, and the personal property therein, insured at its own expense against fire, extended coverage, and such other risks as it may choose. (d) Policy Obligations. Lessee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements.
12 Item 7.
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4 (e) Material Breach. If Lessee for any reason fails to maintain insurance coverage that is required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement. Lessor, at its sole option, may terminate this Agreement and obtain damages from Lessee resulting from said breach.
(f) Other Insurance Requirements. Lessor shall be listed as an additional insured on Lessee’s policy or policies of comprehensive general liability insurance, and Lessee shall provide Lessor with current certificates of insurance evidencing Lessee’s compliance with this section.
Section 15. Indemnity. Lessee agrees to indemnify, defend, and hold Lessor and Lessor’s elected and appointed council members, commissions, directors, officers, employees, agents, and representatives (collectively, “Lessor’s Agents”) harmless from and against any and all actions, claims, loss, damage, injury (including, without limitation, disability, injury, or death of an employee of Lessee or its subcontractors), costs or expenses (including reasonable attorneys’ fees and court costs) to the extent they are caused by the negligence or willful misconduct of Lessee or its employees, contractors, representatives, or agents, or anyone else that Lessee controls (collectively “Lessee’s Liabilities”). Such Lessee obligations to defend, hold harmless, and indemnify Lessor and Lessor’s Agents shall not apply to the extent caused by the negligence, active negligence, or willful misconduct of Lessor or Lessor’s Agents, or any of them, but shall apply to all other Lessee Liabilities. Lessee’s indemnification obligations are not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Lessee or Lessee’s Agents (as defined below) under workers’ compensation acts, disability benefits acts, or other employee benefit acts.
The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (1) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given.
Section 16. Fire. If said Premises shall be wholly destroyed or so damaged as to be wholly untenantable from any cause whatsoever, this Agreementshall immediately terminate, Lessee shall thereupon be relieved of all obligations imposed by this Agreement, and Lessor shall pay to Lessee the amount of any unearned rental, provided the terms and conditions hereof have been fully complied with by Agreement.
In the event the Premises shall be partially destroyed by fire or an act of God, Lessor shall forthwith repair same, if such repairs can be made under the laws and regulations of any governmental authority having jurisdiction over said Premises, within ninety (90) days after the date of partial destruction. If such repairs cannot be made within the above period, this Agreement may be terminated at the option of either party. Should Lessor undertake to repair said Premises, Lessee 13 Item 7.
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5 shall be liable for any portion of the rent that the portion of the Premises in condition to be used bears to the total area of the leased Premises, provided however, that not less than sixty-five percent (65%) of the total area is available for use.
Section 17. Default. Should Lessee default in the performance of any of the covenants, conditions, or agreements contained in this Agreement, or abandon the property leased herein, Lessee shall have breached the Agreement and Lessor may, in addition to any other remedies provided by law, reenter and regain possession of said Premises in the manner provided by the laws of unlawful detainer of the State of California in effect at that time.
Section 18. Attorney’s Fees. Should any litigation be commenced between the Parties to this Agreement concerning said Premises, this Agreement, or the rights and duties of either in relation thereto, the party, Lessor, or Lessee prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum for its attorney’s fees in such litigation, which shall be determined by the court in such litigation or in a separate action brought for that purpose.
Section 19. Notice. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either party hereto by the other party hereto, shall be in writing and shall be deemed duly served and given when personally delivered to the party to whom they are directed, or in lieu of such personal service, when deposited in the United States mail, first-class postage pre-paid.
Notices will be addressed to the Parties as follows:
If to Lessee: Center for a Non-Violent Community
Attn: Heather Carter
542 Stockton Street
Sonora, CA 95370
With a copy to: ___________________________
___________________________
___________________________
___________________________
If to Lessor: City of Sonora
94 North Washington Street
Sonora, CA 95370
Attention: Administrative Services Director
14 Item 7.
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6 And: Churchwell White LLP
1414 K Street, Third Floor
Sacramento, CA 95814
Attention: Douglas L. White, Esq.
Either party, may change its address for the purpose of this section by giving thirty (30) days prior written notice of such change to the other party in the manner provided in this section.
Section 20. General Provisions.
(a) Recitals. The Recitals to this Agreement are true and correct and are hereby incorporated into and made a part of this Agreement. In the event of any inconsistency between the Recitals and Sections 1 through 20 of this Agreement, Sections 1 through 20 shall prevail. (b) Governing Law and Venue. This Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California, applicable to instruments, persons, and transactions having legal context and relations solely within the State of California.
Venue for any action to enforce this Agreement shall be in the California Superior Court, in and for the County of Tuolumne.
(c) Headings. The descriptive headings of the sections and paragraphs contained in this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions.
(d) Compliance with Law. Lessee agrees to comply with all federal, state, and local laws, orders, rules, and regulations applicable to Lessee’s Permitted Use of the Property. Lessor agrees to comply with all laws relating to Lessor’s ownership and use of the Property and any improvements on the Property.
(e) Severability. If this Agreement, in its entirety, is determined by a court to be invalid or unenforceable, this Agreement shall automatically terminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any federal or state statute, which becomes effective after the Effective Date of this Agreement, the remaining provisions shall continue in full force and effect and shall be construed to give effect to the intent of this Agreement. (f) Waiver. Lessor’s failure to require compliance with the conditions of this Agreement, or to exercise any right provided herein, shall not be deemed a waiver by Lessor of such condition or right. Lessor’s acceptance of rent with knowledge of any default under Agreement by Lessee shall not be deemed a waiver of such default, nor shall it limit Lessor’s rights with respect to that or any subsequent rights. It is further agreed between the Parties that the payment of Rent at any time shall not be a waiver to any unlawful detainer action unless Lessor in writing specifically acknowledges that this constitutes a waiver to the unlawful detainer action. (g) Sole and Only Agreement. This instrument constitutes the sole and only agreement between the Lessor and Lessee with respect to the Premises, the leasing of said Premises to Lessee, 15 Item 7.
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7 or the Agreement Term herein specified, and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations regarding said Premises or its leasing by either party, which are not expressly set forth in this Agreement, are null and void. (h) Amendment/Waiver. This Agreement cannot be amended, modified, or revised unless done in writing and signed by Lessor and Lessee. No provision may be waived except in a writing signed by both Parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (i) Mandatory and Permissive. “Shall” and “will” and “agrees” are mandatory. “May” or “can” are permissive.
(j) Successors and Assigns. All representations, covenants, and warranties specifically set forth in this Agreement, by or on behalf of or for the benefit of any or all the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors, and assigns. (k) Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute an agreement that shall be binding upon the Parties. (l) Other Documents. The Parties agree that they shall cooperate in good faith to accomplish the objectives of this Agreement and, to that end, agree to execute and deliver such other instruments or documents as may be necessary and convenient to fulfill the purposes and intentions of this Agreement.
(m) Time is of Essence. Time is expressly declared to be the essence of this Agreement. (n) Authority. The Parties have full and complete authority to enter into this Agreement and to perform all acts and incur all obligations created under this Agreement without the consent or approval of any other person or entity. The Parties warrant that each is legally competent to execute this Agreement. When duly executed and delivered, this Agreement shall be valid and binding upon the Parties and shall be fully enforceable against the Parties in accordance with its terms.
(o) Document Preparation. The language of this Agreement shall be construed as a whole according to its fair meaning, and not strictly for or against either of the Parties. (p) Advice of Legal Counsel. Each party acknowledges that it has reviewed this Agreement with its own legal counsel and, based upon the advice of that counsel, freely entered into this Agreement.
(q) No Joint Venture. Neither this Agreement nor any rent payments shall constitute or create any form of association, joint venture, partnership, or cooperative activity, of any nature whatsoever, for any purpose between Lessor and Lessee. Neither this Agreement nor the rent payments hereunder shall constitute or create a trust, express or implied, for the benefit of Lessor or any other persons.
[Signatures on following page]
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8 17
Item 7.
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9 IN WITNESS WHEREOF, this Agreement has been entered into by and between Lessor and Lessee this 20th day of Novemebr 2023, at Sonora, Tuolumne County, California.
LESSOR:
CITY OF SONORA
By:
Mark Plummer, Mayor
Date:
LESSEE:
CENTER FOR A NON-VIOLENT
COMMUNITY
By:
Its:
Date:
Attest:
By:
Tracy Skelly, City Clerk
Date:
Peniel Wilk-Whitmer, Operations Director
11/03/2023
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10 EXHIBIT A
Rent Schedule
Year 1
$1,786.00 per month
Year 2
$1,821.00 per month
The anniversary date of this Rent Schedule shall be Decemebr 1st of each year and shall effectuate the yearly rent change.
The City of Sonora shall pay the annual Possessory Property Tax Assessment directly to the Tuolumne County Tax Collector when billed. Lessee is not responsible for the annual Possessory Property Tax Assessment.
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CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023
TO: City Council Members
FROM: Douglas L. White, City Attorney
SUBJECT: Adopt a Resolution Affirming or Reversing Police Chief’s Public Convenience or Necessity Determination with Regard To 99 Cents Stores’s ABC License Application
RECOMMENDATION:
After hearing all of the testimony and evidence related to 99 Cents Only Stores’ appeal of the Police Chief’s decision, adopt a resolution either affirming Police Chief’s conclusion that there was no “public convenience or necessity” reason for 99 Cents Stores to be granted a Type 20 offsale beer and wine license or reversing the Police Chief’s conclusion, finding that the license would serve public convenience or necessity.
BACKGROUND:
The 99 Cents Only Stores location operating at 740 Mono Way in the City of Sonora wishes to sell beer and wine on its premises. In order to sell alcohol in California, a business must seek a license from the California Department of Alcoholic Beverage Control (“ABC”).1 There are multiple types of ABC licenses, depending on both what kind of alcohol is to be sold and in what manner the business wishes to sell it. The California Business and Professions Code (“BPC”) limits the concentration of each type of ABC license.2 However, an applicant may overcome some types of concentration limitations if the local governing body or its designated officer makes a determination that “public convenience or necessity” would be served by granting the license (“PCN Determination”).3 The ABC notifies an applicant if its license will require a PCN Determination upon receipt of the application.
Here, 99 Cents Only Stores sent an application to the ABC for a Type 20 license for off-sale beer and wine, as it was required to do in order to sell beer and wine for consumption off the premises.
The ABC found that due to the concentration of licenses in the area, the license could only be granted if the City of Sonora (“City”) made a PCN Determination in favor of the license. The City’s Police Chief, as the designated officer for the City, found that public convenience and necessity would not be served by the granting of the license, and declined to make a PCN Determination in favor of the license. The ABC subsequently denied 99 Cents Only Stores’s application. 99 Cents Only Stores wishes to appeal the Chief of Police’s determination. Upon receiving the request, City staff discovered that there is not a mechanism in place for the appeal of this decision in the City’s Municipal Code. However, as the governing body of the City, the City Council has
1 BPC § 23049 et seq.
2 See, e.g., BPC § 23817.5.
3 BPC § 23817.7.
20 Item 8.
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the authority to review administrative decisions of the City. Therefore, the City Council may pass a resolution either affirming or overturning the Chief of Police’s finding.
DISCUSSION / ANALYSIS:
99 Cents Only Stores had several options4to appeal the Police Chief’s decision related to the PCN Determination, including appeal of the decision through formal legal action. In this case, 99 Cents Only Stores has elected to request that the City reconsider the Police Chief’s decision before seeking any other remedies. To facilitate that request and avoid the time and expense of a lawsuit, City staff sought the City Council’s direction with regard to 99 Cents Only Stores’s appeal request at the November 6, 2023, City Council Meeting. The City Council directed City staff to bring the appeal before the City Council at this City Council meeting.
In bringing this item before the City Council, attached to this staff report are the 99 Cents Only Stores’s appeal request and Chief of Police Turu VanderWiel’s determination that was submitted to the ABC, providing factual background for the appeal. As part of the appeal, the Police Chief will have an opportunity to present his reasoning for his decision to the City Council at the City Council meeting. 99 Cents Only Stores will also have an opportunity to present evidence appealing Chief VanderWiel decision regarding the ABC license. The City Council will then consider the evidence presented and comments from the public to determine if the City Council wishes to grant 99 Cents Only Stores’s appeal request, or not.
City staff has prepared two alternate resolutions by which the City Council may either affirm Chief VanderWiel’s original decision or overturn it and find that public convenience or necessity indicate that 99 Cents Only Stores should be granted a Type 20 ABC license. Upon the City Council’s determination, the City Council should adopt one of the two resolutions to reflect its decision.
FISCAL IMPACT:
No immediate fiscal impact.
ENVIRONMENTAL:
None.
OPTIONS:
1. Adopt the attached resolution affirming the Police Chief’s PCN finding; or
2. Adopt the attached resolution reversing the Police Chief's PCN finding and finding that public convenience or necessity would be served by granting 99 Cents Only Stores a Type 20 ABC license; or
3. Delay making a determination and provide direction to staff related to the appeal request.
4 See, e.g., Branciforte Heights, LLC v. City of Santa Cruz (2006) 138 Cal.App.4th 914. 21 Item 8.
{CW134198.3}
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
OVERTURNING THE CHIEF OF POLICE’S DETERMINATION THAT PUBLIC CONVENIENCE OR NECESSITY WILL NOT BE SERVED BY GRANTING 99 CENTS ONLY STORES A TYPE 20 ABC LICENSE
WHEREAS, 99 Cents Only Stores LLC sought a Type 20 license for off-sale beer and wine at its premises at 740 Mono Way, Sonora, CA 95370, from the California Department of Alcoholic Beverage Control (“ABC”); and
WHEREAS, State law requires that the City Council of the City of Sonora (“City”) or its designated official find that public convenience or necessity would be served by the issuance of the license for it to issue, due to high concentration of licenses in the area; and
WHEREAS, Chief of Police Turu VanderWiel was the designated official to make the determination and found on August 16, 2023, that public convenience or necessity would not be served; and
WHEREAS, 99 Cents Only Stores LLC submitted a request to the City to appeal this finding; and
WHEREAS, the City Council received and considered Chief VanderWiel’s explanation and evidence supporting his determination, 99 Cents Only Stores LLC’s explanation and evidence that public convenience and necessity would be served by the granting of a Type 20 ABC license, and all public comment; and WHEREAS, the City Council desires to affirm Chief VanderWiel’s determination that public convenience or necessity would not be served by granting 99 Cents Only Stores LLC a Type 20 ABC license.
NOW, THEREFORE, BE IT RESOLVED that the City of Sonora City Council hereby affirms Chief of Police Turu VanderWiel’s finding that public convenience or necessity would not be served by granting 99 Cents Only Stores LLC a Type 20 license for off-sale beer and wine.
PASSED, APPROVED, AND ADOPTED AS A RESOLUTION BY THE SONORA CITY
COUNCIL AT A MEETING HELD BY THE CITY COUNCIL ON THE TWENTIETH DAY OF NOVEMBER 2023, BY THE FOLLOWING VOTE:
22 Item 8.
{CW134198.3}
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Tracy Skelly, City Clerk
City of Sonora
Mark Plummer, Mayor
Resolution No.___________
23 Item 8.
{CW134197.3}
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
OVERTURNING THE CHIEF OF POLICE’S DETERMINATION, FINDING THAT PUBLIC CONVENIENCE OR NECESSITY WILL BE SERVED BY GRANTING 99 CENTS ONLY STORES A TYPE 20 ABC LICENSE AND AUTHORIZING THE CITY
MANAGER TO TAKE ALL NECESSARY AND PROPER ACTIONS TO IMPLEMENT THE CITY COUNCIL’S FINDINGS
WHEREAS, 99 Cents Only Stores LLC sought a Type 20 license for off-sale beer and wine at its premises at 740 Mono Way, Sonora, CA 95370, from the California Department of Alcoholic Beverage Control (“ABC”); and
WHEREAS, State law requires that the City Council of the City of Sonora (“City”) or its designated official find that public convenience or necessity would be served by the issuance of the license for it to issue, due to the high concentration of licenses in the area; and
WHEREAS, Chief of Police Turu VanderWiel was the designated official to make the determination and found on August 16, 2023, that public convenience or necessity would not be served; and
WHEREAS, 99 Cents Only Stores LLC sought an appeal of this finding to the City Council; and
WHEREAS, the City Council has received and considered Chief VanderWiel’s explanation and evidence supporting his determination, 99 Cents Only Stores LLC’s explanation and evidence that public convenience and necessity would be served by the granting of a Type 20 ABC license, and all public comment; and WHEREAS, the City Council desires to overturn Chief VanderWiel’s determination that public convenience or necessity would not be served by granting 99 Cents Only Stores LLC, a Type 20 ABC license and to find that public convenience and necessity would be served by the granting of the license.
NOW, THEREFORE, BE IT RESOLVED that the City of Sonora City Council as follows:
1. Chief of Police Turu VanderWiel’s finding that public convenience or necessity would not be served by granting 99 Cents Only Stores LLC a Type 20 license for off-sale beer and wine is hereby overturned.
2. The City Council finds that public convenience and necessity would be served by the granting of a Type 20 license for off-sale beer and wine to 99 Cents Only Stores LLC.
3. The City Administrator is authorized to take all necessary and proper action to implement the City Council’s findings related to the 99 Cents Only Stores LLC’s Type 20 license.
24 Item 8.
{CW134197.3}
PASSED, APPROVED, AND ADOPTED AS A RESOLUTION BY THE SONORA CITY
COUNCIL AT A MEETING HELD BY THE CITY COUNCIL ON THE TWENTIETH DAY OF NOVEMBER 2023, BY THE FOLLOWING VOTE:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
Tracy Skelly, City Clerk
City of Sonora
Mark Plummer, Mayor
Resolution No.___________
25 Item 8.
26 Item 8.
27 Item 8.
28 Item 8.
{CW132324.4}
CITY COUNCIL AGENDA REPORT
MEETING DATE: November 20, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Melissa Eads, City Administrator
SUBJECT: The City of Sonora Organizational Review and Budget Stabilization Study RECOMMENDATION:
Receive a presentation from Citygate Associates, LLC. on the final report of the City of Sonora Organizational Review and Budget Stabilization Study; adopt the City Mission, Vision, and Values; and direct staff to bring back project priorities in a mid-year budget adjustment or subsequent annual budgets.
The full report, appendixes, and presentation are available on our website at: www.sonoraca.com.
FISCAL IMPACT:
No fiscal impact to the general fund.
29 Item 9.