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Agenda packet, special meeting

Sonora City Council
January 6, 2025

Document
Agenda packet, special meeting
Meeting
January 6, 2025
Body
Sonora City Council
Original file
1.6 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.

Mission Statement: To foster a safe, vibrant, and prosperous community that enhances the quality of life for all
Vision Statement: With leadership and integrity, the City of Sonora commits to excellent service through collaboration and innovation

CITY OF SONORA
City Council Special Meeting Agenda
Monday, January 06, 2025
6:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have a special meeting on January 6, 2025, at 6:00 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 8:00 am 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 live streaming 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.

CITY COUNCIL appreciates your interest and encourages participation. Regularly scheduled meetings are held on the 1st and 3rd Monday of each month.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at their discretion, will refer to Staff.
___________________________________________________________________________________________ Mayor Ann Segerstrom
Vice Mayor - Vacant
Council Members Bess Levine, Andy Merrill, Stephen Opie City Administrator Melissa Eads
City Attorney Douglas White
___________________________________________________________________________________________ 1 Mission Statement: To foster a safe, vibrant, and prosperous community that enhances the quality of life for all
Vision Statement: With leadership and integrity, the City of Sonora commits to excellent service through collaboration and innovation
CALL TO ORDER - 6:00 PM

PLEDGE OF ALLEGIANCE

ROLL CALL

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.

NEW BUSINESS

1. Discussion and Action to Select a Method to Fill a City Council Vacancy Due to the Resignation of Councilmember Suzanne Cruz, and Potential Action on an Immediate Appointment to Fill the Vacancy; Douglas White, City Attorney.

2. Discussion and Appointment of Vice Mayor; Douglas White, City Attorney.

ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk 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.
2 4911-7302-6571, v. 4

CITY COUNCIL AGENDA REPORT

C I T Y

H A L L
CITY OF SONORA 94 N. WASHINGTON STREET, SONORA, CA 95370 P: (209) 532-4541

SERVICE, INNOVATION, INTEGRITY, COLLABORATION, RESPECT, LEADERSHIP

RECOMMENDATION
Discuss and establish a procedure to appoint a City Councilmember to fill the vacancy created by the resignation of Councilmember Suzanne Cruz. If the Council elects to fill the vacancy via appointment, the Council may establish a selection process or make an immediate appointment of an eligible individual.

DISCUSSION
Councilmember Suzanne Cruz has informed City staff of her intent to resign from the City Council, effective immediately following the January 6, 2025, regular meeting. Following her resignation, her position on the City Council will become immediately vacant.

ANALYSIS
Pursuant to California law, when a City Council seat becomes vacant, the City Council must either appoint an individual to serve on the City Council or call a special election, within sixty (60) days of the vacancy.1 For Councilmember Cruz’s resignation date of January 6, 2025, the deadline to fill the vacancy by appointment or a call for a special election is March 7, 2025.

Whether the City Council chooses to fill the vacancy by appointment or through a special election, the new Councilmember will serve until November 2026, the remainder of Councilmember Cruz’s term.2 The City Council adopted Ordinance 899 earlier this year changing the date of the City’s general municipal election date to coincide with the November statewide general election in even numbered years. In doing

1 Gov. Code, § 36512.
2 Id.

DATE: January 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Douglas L. White, City Attorney
SUBJECT: Discussion and Action to Select a Method to Fill a City Council Vacancy Due to the Resignation of Councilmember Suzanne Cruz, and Potential Action on an Immediate Appointment to Fill the Vacancy.
3 Item 1.
4911-7302-6571, v. 4
so, the City Council, as authorized under the Government Code, extended the terms of office for Councilmembers elected in March of 2022 until the certification of the November 2026 election. Since Councilmember Cruz was elected in March of 2022, her term of office expires following the November 2026 election.

If the City Council desires to fill the vacancy by appointment, the City Council should establish a selection process. The City Council can establish an application process and solicit applications from interested individuals, or alternatively can make a selection and appointment of any eligible individual without a formal application process. To be eligible to serve as a Councilmember, all interested parties must be at least eighteen (18) years old and a registered voter in the City of Sonora. 3 If the City Council calls for a special election to fill the vacancy, the election must be held on the next established election date pursuant to Election Code section 1000, not less than one hundred fourteen (114) days after the calling of the special election.4 Accordingly, the earliest date that the City Council can hold the special election is November 2025. The City must bear the cost of the special election, which will be set by the County Elections department which conducts elections on behalf of the City. If the City Council chooses to call a special election City staff will prepare a resolution and any other materials needed to call the special election.

To avoid the cost of conducting a special election, and fill the vacancy as soon as possible, City staff recommends the City Council fill the vacancy by appointment. The Council may make an immediate appointment or alternatively establish an application process. Included with this staff report is a resolution for an immediate appointment for the Council’s consideration. If otherwise directed, City staff will prepare an application and bring back a proposed selection timeline for City Council consideration and approval.

FISCAL IMPACT
If the City Council calls a special election to fill the vacancy, the City must bear the cost of the special election. The costs associated with the appointment will be staff time and costs of publication of the notice of the vacancy.

ATTACHMENT
Resolution 01-06-2025-A

3 Gov. Code, § 36502
4 Id.
4 Item 1.
4926-6899-6108, v. 1
RESOLUTION 01-06-2025-A

A RESOLUTION OF THE CITY OF SONORA CITY COUNCIL APPROVING THE APPOINTMENT OF [___________________] TO THE CITY COUNCIL TO FILL THE VACANCY CREATED BY COUNCILMEMBER SUZANNE CRUZ’S RESIGNATION, WITH THE TERM EXPIRING IN 2026.

WHEREAS, in 2022, the City of Sonora voters elected Councilmember Suzanne Cruz to a four (4) year term as Councilmember; and
WHEREAS, former Councilmember Cruz resigned from the City Council, effective immediately following the January 6, 2025, City Council meeting, creating a vacancy on the City Council as of that date; and WHEREAS, Government Code section 36512, provides that the City Council, within sixty (60) days from the commencement of the vacancy, may fill the vacancy by appointment or call for a special election; and WHEREAS, under Government Code section 36512, an individual appointed to fill the vacancy will hold the City Council office until the next general municipal election that is scheduled one hundred thirty (130) or more days after the date the City Council was notified of the vacancy; and WHEREAS, the City Council desires to fill the vacancy by appointment for the remainder of Councilmember Cruz’s term pursuant to Government Code section 36512.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonora as follows:

The City Council of the City of Sonora does hereby appoint ___________________ to the City of Sonora City Council for the remainder of former Councilmember Suzanne Cruz’s term, which will end in 2026.

PASSED AND ADOPTED by the City Council of the City of Sonora on this ___ day of __________, 2025.

AYES: ________________________________________________________________ NOES: ________________________________________________________________ ABSTAIN: ________________________________________________________________ ABSENT: ________________________________________________________________ Ann Segerstrom
Mayor of the City of Sonora
ATTEST:

Tracy Skelly
Sonora City Clerk
5 Item 1.

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