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 Regular Meeting
Agenda
Monday, August 04, 2025
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on August 4, 2025, 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 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 Andy Merrill
Council Members Bess Levine, Stephen Opie, Mark Plummer 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
CLOSED SESSION - 4:00 PM
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC COMMENTS
4. ADJOURN INTO CLOSED SESSION
A. Public Employee Appointment (Government Code Section §54957): Public Works Specialist; Doug White, City Attorney, Melissa Eads, City Administrator.
B. Conference with Legal Counsel - Anticipated Litigation. Significant Exposure to Litigation Pursuant to Government Code Section §54956.9, Paragraph (2) of Subdivision (d): One (1) Potential Case; Rachel Rappaport, City Attorney, Tyler Summersett, Community Development Director.
5. RECONVENE INTO OPEN SESSION
OPEN SESSION - 5:00 PM
6. REPORT OUT OF CLOSED SESSION
7. PLEDGE OF ALLEGIANCE
8. ROLL CALL
9. CITY CLERK’S REPORT ON AGENDA POSTING
10. APPROVAL OF THE AGENDA
11. 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.
12. PRESENTATIONS
A. Receive an Update from the President of the Sonora Chamber of Commerce Katie Dunn; Melissa Eads, City Administrator.
2 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
13. 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.
A. Consider Approval of the City of Sonora Meeting Minutes from July 21, 2025; Stacy Enos-Del Razo, Deputy City Clerk.
B. Consider Acceptance of the Quarterly Investment Report for the Period Ended June 30, 2025; Chris Gorsky, Assistant City Administrator.
C. Consider Declaration of City Vehicles as Surplus Property Pursuant to Government Code Section 54221 and Council Authorization to Sell the Vehicles at Fair Market Value and/or at a Public Auction; Chris Gorsky, Assistant City Administrator.
D. Consider the Adoption of Resolution 08-02-2025-C and Approval of the Updated Records Retention Policy and Schedule; Tracy Skelly, Administrative Services Officer/City Clerk.
14. NEW BUSINESS
A. Consider Adoption of Resolution 08-04-2025-A, Approving the Vacation of Excess Right-of-Way Located Within APN 056-108-015; and Resolution 08-04-2025-B Approving and Authorizing Execution of a Roadway Vacation Agreement with the Applicant for the 956 Oregon Street Project; Tyler Summersett, Community Development Director, Josh Varinsky, City Attorney.
B. Receive a Presentation from Przybyla Advisors and Give Direction on Economic Development Strategies; Cole Przybyla, Przybyla Advisors.
15. COMMUNICATIONS
A. Receive Communications on the Reviewed Financial Statements for Visit Tuolumne County for the Year Ending June 20, 2023 and 2024.
B. Receive Communications Regarding Pioneer Community Energy Joint Powers Agreement Amendment Filing with the California Public Utilities Commission (CPUC).
16. COUNCIL MEMBER REPORTS
17. ADJOURNMENT
3 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
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.
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 DATE: August 4, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Melissa Eds, City Administrator
SUBJECT: Receive an Update from the President of the Sonora Chamber of Commerce Katie Dunn.
RECOMMENDATION:
Receive an Update from the President of the Sonora Chamber of Commerce Katie Dunn.
DISCUSSION / ANALYSIS:
President of the Sonora Chamber of Commerce Katie Dunn will Present and Update the City council on the Chambers Activities.
FISCAL IMPACT:
No Fiscal impact on the General Fund.
CORE COUNCIL PRIORITIES:
There are no Core Priorities.
5 Item A.
June, 2025
PROPOSAL FOR A BEAUTIFICATION PILOT PROJECT FOR DOWNTOWN SONORA “Art everywhere on Washington St.”
From Vacant to Vibrant: Art in Storefronts
This proposal expands upon the success of 2nd Saturday Art Walk, which is now a recognized institution, that brings arts and culture to our downtown every month of the year.
This is an opportunity to employ artists by using vacant buildings to showcase local art in public downtown windows. The City of Sonora, with a grant from the VTC, support and guidance from the Sonora Chamber, and Tuolumne County Arts, will work with local artists to complete a pilot project that showcases artworks in empty storefronts, attacking the problem of empty buildings through public art. The objective of this program is to activate main street corridors bringing beauty to blighted facades.
Problems to consider:
• Businesses in our downtown remain empty or poorly maintained, sometimes for years.
• Our downtown has little public art.
• Artwork can be expensive, particularly permanent installations. • Artwork can at times be a target for vandalism.
Solution:
A flexible and creative way to deal with this problem through a pilot project that will utilize already completed original artwork by local artists. Artist’s’ work will be digitized, enlarged and printed on inexpensive banner material, allowing for rotation in and out of storefronts and mobility of placement. This process has been done with great effect in many towns and cities.1 Initial Goals:
1) Activating main street areas to improve livability, promote commerce, and create more engagement from residents, businesses, and visitors. 2) Creating spaces to inspire community interaction and inspiration, support downtown as the center of community life.
https://www.phantomgalleriesla.com/ 1
6 Item A.
June, 2025
3) Employing local artists.
4) Encouraging community ‘identity’ or values around public art. 5) Contributing to the visual impact of Second Saturday with public art, that encourages walking/shopping (pedestrian connectivity).
6) Connections include the possibility for extending and sharing artwork through selfies as well as through a digital and analogue map and catalogue of local artists. (Each one will have a QR code for visitors to interact further with the artwork). 7). Artists will be paid for “use” of their images that will be printed on a banner that will be installed inside the window of the storefronts.
Secondary goal: to improve downtown vitality through policy The City of Sonora could adopt several strategies to make their arts and cultural development efforts a success and begin to develop an Arts and Culture strategic plan for 2026 for the city of Sonora
1. Commit to consistent funding.
2. Plan for long-term cultural development.
3. Use underutilized spaces creatively.
4. Nurture private sector involvement.
5. Invest in public spaces to strengthen our arts offerings and position the city to take advantage (strategically) to develop the downtown into cultural districts.
Storefront window installations include a “tidying up of windows” to remove webs and other debris from commercial facades. Printed banners of original artworks will increase interest in the downtown street corridor while creating greater public space activation, increasing foot traffic, and encouraging downtown development. Supporting the Sonora downtown community from the ground up, generative economic and community development will employ the arts and artists to envision a vibrant business core and welcoming public common-spaces.
This pilot project seeks to:
1. Mitigate blight caused by empty buildings and businesses in our downtown area through temporary, removable artwork created by local artists and designers.
2. Develop a vetting process, through the development of a policy for evaluating public art, that includes:
• Guidelines for production and display
7 Item A.
June, 2025
• Pay scale that is fair and meets or exceeds compensation that is commensurate with market rates for the artwork produced or used for the purpose of beautification.
• Establishment of a panel that consists of artists, interested citizens, business owners and trusted parties.
• Establishment of a process by which each proposed public project is understood to improve and enhance the downtown space and will be evaluated using fair criteria that is known ahead of submissions.
In the future, if our pilot is well received, “The call for artwork” could be thematic, or it could be seasonal.
Initial Research
Examples
Phantom Galleries L.A. (PGLA): revitalizes and energizes communities and pedestrian thoroughfares by converting vacant storefronts throughout Los Angeles County into temporary galleries and pedestrian viewing only galleries transforming districts into vibrant cultural hubs through the 24/7 public presentation of art.
Project for Public Spaces San Jose: Three vacant buildings lining the street on San Fernando and half a dozen more continuing around the corner on South First Street are now filled with artists' displays and installations. Phantom Galleries was created to both renew the magic in the daily journey downtown and increase the awareness of the importance of our local artists in the cultural/economic development of our city. 2 Arts in storefronts, San Francisco from 2010, funded by National Endowment for the Arts: 3 * note they have links to two documents as sample agreements between landlords and one for artists
Vacant to Vibrant: San Francisco arts commission evolved out of the 2010 Arts in storefronts mentioned above. 4
2 https://www.pps.org/places/phantom-galleries
https://www.sfartscommission.org/resources/art-in-storefronts-toolkit 3 https://www.vibrantsf.org/ 4
8 Item A.
June, 2025
We propose that this pilot project (or proof of concept), begin with one or two of the facades that we have already identified and measured. * See page 4 images as our working examples.
Installing the banners on the inside of the storefront would prevent damage from vandalism.
Each piece would be fitted to the orientation of the storefront window or windows in a way that will not cause harm to the window structure.
Example cost for window artwork at the vacant Superior Court, for 8 panels (3’ x 7’) is approximately $500.00 5
Initial artists for this pilot should represent different styles and topics:
Eleanor BonBon— Artist/Muralist and Policy Lead has provided an example of an expressive image so we can imagine the impact of color, emotion and visual interest.
As per our research:
• The original work by the artist would be $250.00 to use their image. Artists would need to fill out licensing agreement with TCA, the Sonora Chamber of Commerce, the City of Sonora and the Visitor’s bureau.
• ALL images must be the original work of the artist.
• All artists must provide an initial digital image in the format (orientation) H X W required. • If selected, the image must be 300ppi for printing purposes. • Building owners submission form, where they submit location and all information to aid, size photo of storefront.
• Initial pilot will provide a stipend for two facilitators who will work with the city and be responsible for organizing and implementing the installation.
Although this is for a mural project, some of the wording is pertinent:
https://www.stanislausarts.org/news/now-accepting-artist-proposals-jennys-placepublic-mural-project? 5 https://www.vistaprint.com/signs-posters/vinyl-banners 9 Item A.
June, 2025
Superior Court Example
Right Side Building, 4
panels, another 4 to the
left.
By far the worst! This has been like this forever!
10 Item A.
June, 2025
Original Artwork by Eleanor BonBon
11 Item A.
Money Out
2%
12%
6%
6%
6%
6%
6%
6% 6%
6%
6%
6%
6%
6%
12%
2 Facilitators
Local Artist #1
Local Artist #2
Local Artist #3
Local Artist #4
Local Artist #5
Local Artist #6
Local Artist #7
Local Artist #8
Local Artist #9
Local Artist #10
Local Artist #11
Local Artist #12
Superior Court (8 panels) 3’ X 7’ + grommets
Call to artists (flyers, posters social media)
Money In
Sonora Chamber/ Visit Tuolumne $7,500
Additional income $0
Total income $7,500
Money Out
2 Facilitators $500
Local Artist #1 $250
Local Artist #2 $250
Local Artist #3 $250
Local Artist #4 $250
Local Artist #5 $250
Local Artist #6 $250
Local Artist #7 $250
Local Artist #8 $250
Local Artist #9 $250
Local Artist #10 $250
Local Artist #11 $250
Local Artist #12 $250
Superior Court (8 panels) 3’ X 7’ + grommets $500
Call to artists (flyers, posters social media) $100
6’ x 8’ $110
Money Out
Pilot Project: Beautification of Downtown
12 Item A.
6’ x 8’ $110
6’ x 8’ $110
10’ x 5’ $120
10’ x 5’ $120
10’ x 5’ $120
5’ x 8’ $96
5’ x 8’ $96
5’ x 8’ $96
7’ x 5’ $90
7’ x 5’ $90
7’ x 5’ $90
4’ x 8’ $85
4’ x 8’ $85
4’ x 8’ $85
8’ x 8’ $145
8’ x 8’ $145
8’ x 8’ $145
10' x 8’ $189
10' x 8’ $189
10' x 8’ $189
Total expenses $6,605
Money Out
Money Left Over
Income minus expenses $895
Respectfully submitted by: Laurie Livingston
Executive Director, Tuolumne County Arts Alliance, Inc.
Eleanor Bonbon
Small Business Owner, Unicorn Tattoo
13 Item A.
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 DATE: August 4, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Stacy Enos-Del Razo, Deputy City Clerk
SUBJECT: Meeting Minutes from July 21, 2025.
RECOMMENDATION:
Consider Approval of the City of Sonora Meeting Minutes from July 21, 2025.
DISCUSSION / ANALYSIS:
Staff Recommends that the City Council Approve the Meeting Minutes from July 21, 2025.
FISCAL IMPACT:
No Fiscal Impact on the General Fund.
ATTACHMENTS:
Meeting Minutes from July 21, 2025
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan, Homelessness Issues, Staffing - Salary, Benefits, Training, and Retention
14 Item A.
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 Regular Meeting
Minutes
Monday, July 21, 2025
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on July 21, 2025 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 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 Andy Merrill
Council Members Bess Levine, Stephen Opie, Mark Plummer City Administrator Melissa Eads
City Attorney Douglas White
___________________________________________________________________________________________ 15 Item A.
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
CLOSED SESSION - 4:30 PM
CALL TO ORDER
Called to order at 4:31 PM.
ROLL CALL
PRESENT
Vice Mayor Andy Merrill
Councilmember Bess Levine
Councilmember Stephen Opie
Councilmember Mark Plummer
ABSENT
Mayor Ann Segerstrom
PUBLIC COMMENTS
No public comment.
ADJOURN INTO CLOSED SESSION
1. Conference with Labor Negotiators (Gov. Code Section § 54957.6): Agency Designated Representatives:
Melissa Eads, City Administrator; Chris Gorsky, Administrative Services Director; Employee Organization: Sonora Fire Fighters Association (SFFA).
RECONVENE INTO OPEN SESSION
OPEN SESSION - 5:00 PM
Called to order at 5:00 PM.
REPORT OUT OF CLOSED SESSION
Vice Mayor Andy Merrill stated direction was given to staff.
PLEDGE OF ALLEGIANCE
Councilmember Bess Levine led the Pledge of Allegiance. 16 Item A.
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
ROLL CALL
PRESENT
Vice Mayor Andy Merrill
Councilmember Bess Levine
Councilmember Stephen Opie
Councilmember Mark Plummer
ABSENT
Mayor Ann Segerstrom
CITY CLERK’S REPORT ON AGENDA POSTING
The Agenda was posted on Friday, July 18, 2025, at 8:46 AM.
APPROVAL OF THE AGENDA
Motion made by Councilmember Mark Plummer. Seconded by Councilmember Stephen Opie. Voting Yea:
Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer.
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.
Lisa Mayo President and CEO of Visit Tuolumne County thanked the Sonora Police Department.
A member of the public made comments and shared statistics.
PRESENTATIONS
2. Receive a Presentation of the Proposed Scope of Work from Visit Tuolumne County for Tourism Marketing Services, Effective July 1, 2025 through June 30, 2026, in the Amount of $100,000, and Authorize Notice to Proceed; Jen Lopez, Visit Tuolumne Marketing Manager.
Lisa Mayo President and CEO Visit Tuolumne County reviewed the 2024 Visitation and Impacts; The Opportunity; introduced the proposed campaign "Step Into Sonora"; and Enhancing Visibility; Jen Lopez Marketing Manager Visit Tuolumne County introduced Special Projects; Advertising; Familiarization Trips; Marketing Costs; and the Tourism Summit Awards and Partner Showcase is Thursday October 16, 2025. 17 Item A.
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
3. Receive a Presentation Regarding Pioneer Community Energy’s Planned Expansion into the City of Sonora with a Service Launch in October 2027; Gina Stassi-Vanacore, Pioneer Community Energy Director of Communications.
Gina Stassi-Vanacore Director of Communications Pioneer Community Energy gave an overview of the Background; additional New Members; Communications and Outreach; Information Available on their Website; Multi-Phase Planning; and What to Expect.
Councilmember Mark Plummer asked about community outreach.
Gina Stassi-Vanacore explained the outreach campaign.
Public comment was called for both Presentations. There was no public comment for either Presentation.
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and will be voted on in one motion unless a Council member or member of the public has a question or wishes to discuss an item. In that case, the item will be removed from the Consent Calendar and considered separately.
4. Consider Approval of the Meeting Minutes from June 21, 2022, and July 7, 2025; Stacy Enos-Del Razo, Deputy City Clerk.
5. Consider Acceptance of an Informational Report for May and June Accounts Payable Payment Register and Void Report; Chris Gorsky, Assistant City Administrator
6. Consider Approval of Disbursements in the Amount of $203,385.36, $206,742.10, $203,131.19, $214,137.94, and $245,104.00 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 the Statement of Work No. 3 with Diamond Digital Marketing Co. for Expanded Social Media, Public Relations, and Communications Services, Effective July 1, 2025, Through June 30, 2026, in the Amount of $36,000, and Authorize the City Administrator to Execute the Agreement; Melissa Eads, City Administrator.
8. Consider Adoption of Resolution No. 07-21-2025-A Approving Side Letters to the Memorandum of Understanding (MOUs) with the Sonora Management Employees Association (SMEA) and the Sonora Confidential Employees Association (SCEA) to Comply with California Code of Regulations (CCR) sections 571 and 571.1, and Resolution No. 07-21-2025-B Approving Updated Salary Range Tables for Each Group Reflecting Accurate Reporting of Compensation to CalPERS; Chris Gorsky, Assistant City Administrator, Tracy Skelly, Administrative Services Officer.
18 Item A.
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
Councilmember Mark Plummer asked to remove Item 8.
William Creger White Brenner explained to those in attendance the Side Letters for the MOU's.
No public comment.
Motion made by Councilmember Bess Levine. Seconded by Councilmember Mark Plummer. Voting Yea:
Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
9. Waive the Second Reading and Approve Resolution 07-21-2025-C and Ordinance No. 905 Updating the 2025 City of Sonora Emergency Operations Plan and Revision of the City of Sonora Municipal Code Chapter 2.28 – Emergency Services; Paul Bockrath, Preparative Consulting, Melissa Eads, City Administrator.
A member of the public made a comment on the Minutes.
Tracy Skelly City Clerk addressed the comment.
Motion made by Mark Plummer for Items A, B, C, D and F. Seconded by Councilmember Bess Levine. Voting Yea: Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
NEW BUSINESS
10. Consider Approval of the Proposed Mutual Aid Agreement Between the City of Sonora and Chicken Ranch Tribal Fire Department and Authorize the Interim Fire Chief to Sign the Agreement and any Related Documents Necessary to Implement the Agreement; Gary Carlson, Fire Chief.
Gary Carlson Fire Chief explained to those in attendance the Proposed Mutual Aid Agreement.
Councilmember Mark Plummer and Gary Carlson discussed the County and other entities in the agreement.
Motion made by Councilmember Mark Plummer. Seconded by Councilmember Stephen Opie. Voting Yea: Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
11. Receive a Presentation from Westside Forestry Consulting on Recommended Treatments for Dragoon Gulch and Consider Giving Direction to Project Partners on the Preferred Fuel Treatment for Dragoon Gulch Trail Network; Tyler Summerstt, Community Development Director. 19 Item A.
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
Tyler Summersett Community Development Director explained to those in attendance the background of the Cal Fire Grant for Dragoon Gulch Fuel Reduction; Adam Frese a Forester for Westside Forestry Consulting presented the Fuel Treatment for the Dragoon Gulch Trail Network; Scope of Work; and Questions from the City of Sonora.
Councilmembers made comments, asked questions, and discussed with Adam Frese.
Melissa Eads City Administrator made comments.
Councilmembers and Tyler Summersett discussed community outreach.
Vice Mayor Andy Merrill summarized the Council's priorities.
A member of the public made comments.
COMMUNICATIONS
12. Receive Communications from Citygate Associates, LLC. Regarding the Organizational Review and Budget Stabilization Study Update.
COUNCIL MEMBER REPORTS
Councilmember Stephen Opie attended a field trip to the Stanislaus-Tuolumne Experimental Forest.
Councilmember Bess Levine attended Visit Tuolumne County Board meeting; and the Commission on Homelessness.
Councilmember Mark Plummer meetings were cancelled for the month.
Vice Mayor Andy Merrill did not have any meetings.
ADJOURNMENT
Adjourned at 6:10 PM.
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 20 Item A.
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
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.
21 Item A.
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 DATE: August 04, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Chris Gorsky, Assistant City Administrator
SUBJECT: Consider Acceptance of the Quarterly Investment Report for the Period Ended June 30, 2025
RECOMMENDATION:
Staff Recommend that the City Council Receive and File this Quarterly Investment Report for Informational Purposes. No Further Action is Required at this time, as the Portfolio Remains in Compliance with all Applicable Policies and Regulations. This Report Fulfills the Reporting Requirements Under California Government Code Section 53601 and City Policy.
BACKGROUND:
The City of Sonora maintains an investment portfolio to manage surplus funds generated from taxes, fees, grants, and other revenues. The portfolio is governed by the City's Investment Policy, last updated and adopted by the City Council on January 15, 2024, which emphasizes the principles of safety, liquidity, and return in that order of priority. Investments are limited to those authorized under California Government Code Section 53601.
This quarterly report is prepared to provide transparency on the status of the City's investments, as required by the City’s Investment Policy. The portfolio's performance is benchmarked against indicators such as the LAIF apportionment rate and short-term U.S. Treasury yields.
DISCUSSION / ANALYSIS:
The City's investment portfolio as of June 30, 2025, totaled $20,417,839 in market value. The portfolio is well diversified, with a heavy allocation to highly liquid assets like LAIF (34.6%) to ensure funds are readily available for operational and capital needs.
Key performance metrics include:
Quarterly Earnings: $208,193, primarily from LAIF, Money Markets, and CDs, reflecting stable short-term rates.
Year to Date Earnings: $742,531.
22 Item B.
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 Rate of Return: The weighted average yield to maturity was 4.2%. This annualized rate aligns closely with the LAIF benchmark of 4.4% and the 3-month U.S. Treasury Bill rate of 4.25%. No unrealized losses exceeded 1% of book value, indicating low volatility.
The following table details the holdings by investment type, and market values. Earnings are accrued and include interest income and any amortization or accretion. Market values are sourced from reliable providers such as the State Treasurer's Office or custodian reports.
FISCAL IMPACT:
The quarterly earnings of $208,193 contribute positively to the City's General Fund and other funds, providing additional revenue for operations without increasing taxes or fees. Fiscal Year 2024-25 earnings total approximately $742,531, which supports budgetary flexibility and helps offset inflationary pressures on expenditures. There are no negative fiscal impacts noted; the portfolio's conservative approach is to minimize risk.
Future rate changes could affect yields, but the current structure ensures stability.
ATTACHMENTS:
Quarterly Investment Report for the Quarter Ending June 30, 2025 CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan, Homelessness Issues, Staffing - Salary, Benefits, Training, and Retention
23 Item B.
Quarterly Investment Report
For the Quarter Ending: June 30, 2025
Investment Type Issuer/Institution
Purchas
Date
Maturity
Date Market Value
Interest
Rate
Days to
Maturity
Cash
Checking Account Bank of Stockton Various Liquid $577,692 0.50% - State Pooled Investments
LAIF Pooled Investment Fund CA State Treasurer Various Liquid $7,053,864 4.40% 248 Pension Trust
CalPERS 115 Trust Account CalPERS Various Restricted $948,945 4.80% Money Market Accounts
Money Market Bank of Stockton Various Liquid $6,813,691 3.87% -FDIC Insured Sweeps Bank of Stockton Various Liquid $1,826,382 4.20% - CD's
Fidelity Bank CD Bank of Stockton 04/02/25 04/03/28 $245,000 4.50% 1008Bradesco Bank CD Bank of Stockton 04/02/25 09/30/25 $245,000 4.40% 92Northpointe Bank CD Bank of Stockton 04/03/25 09/29/25 $245,000 4.52% 91 Government Bonds
Federal Farm Credit U.S. Gov. Agency Bond Bank of Stockton 05/07/25 07/23/29 $800,423 4.60% 1484 Corporate Bonds
United Health Bond Bank of Stockton 04/01/25 01/15/30 $101,543 4.80% 1660State Street Bank Bond Bank of Stockton 04/01/25 11/23/29 $102,094 4.78% 1607Pacific Corp Bond Bank of Stockton 04/01/25 06/15/29 $96,638 3.62% 1446Honeywell International Bond Bank of Stockton 04/01/25 07/30/27 $101,040 4.65% 760Hershey Company Bond Bank of Stockton 04/01/25 02/24/30 $101,970 4.75% 1700Federal Home Loans Bond Bank of Stockton 04/09/25 04/10/29 $300,029 4.69% 1380Walt Disney Bond Bank of Stockton 04/01/25 03/22/30 $98,454 3.80% 1726Conoco Phillips Bond Bank of Stockton 04/01/25 10/01/27 $98,986 3.75% 823Centerpointe Energy Bond Bank of Stockton 04/01/25 03/15/30 $101,725 4.80% 1719Archer Daniels Midland Bond Bank of Stockton 04/01/25 03/27/30 $95,412 3.76% 1731 Mutual Funds
Vanguard Short Term Federal Bank of Stockton Various - $463,950 3.51% - Total City Portfolio: $20,417,839Total Investment Income FY24-25 (All Funds): $742,531Compliance: All investments are in compliance with the City's Investment Policy and Government Code Section 53601 24 Item B.
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 DATE: August 4, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Chris Gorsky, Assistant City Administrator
SUBJECT: Declaration of City Vehicles as Surplus Property pursuant to Government Code Section 54221 and Council Authorization to sell them at fair market value and/or at a Public Auction.
RECOMMENDATION:
It is recommended that the City Council declare the identified City-owned property as surplus and authorize staff to dispose of the surplus property. For the surplus fire truck this will be accomplished via a private sale to the Chicken Ranch Tribal Fire Department at the fair market value and for the police cars through the City’s contracted Lease provider (Enterprise eFleets) which will auction vehicles on the behalf of the City.
BACKGROUND:
The City periodically reviews its real and personal property assets to determine if any items are no longer required for municipal operations. City staff have identified the following property as no longer necessary for public use:
Seven (7) Police Vehicles
One (1) Fire Engine
Pursuant to Government Code Section 54220 et seq., public agencies must declare property surplus prior to disposal. Declaring the property surplus confirms that it is not needed for City purposes and allows staff to initiate sale procedures.
DISCUSSION / ANALYSIS:
Once declared surplus, the property will be sold at fair market value or at a public auction in accordance with Government Code Sections 37350–37351 and the City’s purchasing and disposition policies. This will be Proceeds from the sale will be used to offset the costs of replacement of City Fleet. If the property fails to sell at auction, staff may re-list or explore other disposal methods consistent with state law.
25 Item C.
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 FISCAL IMPACT:
The sale of surplus property is anticipated to generate one-time revenue that will be used to offset costs to replace future city fleet needs. The sales will generate approximately $40,000.
ATTACHMENTS:
Disposition Unit #4
Disposition Unit #5
Disposition Unit #6
Disposition Unit #7
Disposition Unit #22
Disposition Unit #29
Disposition Unit #30
Disposition E755
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan, Homelessness Issues, Staffing - Salary, Benefits, Training, and Retention
26 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
2B3AA4CT9AH304165 1348538
POLICE 4
2010, Dodge Charger, 94,000 miles on engine, surpassed usable lifespan. 07-24-25
✔
27 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
6G3NS5U27EL944864 1421348
POLICE 5
2014 Chevrolet Caprice, 49,654 miles on engine - Totaled; major body and frame damage. 05-21-24
✔
28 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
1FAFP53U96A236964 1260634
POLICE 6
2006 Ford Taurus, 65,504 miles on engine - Body damage exceeds vehicle value (kbb.com $700 - $1,100). 05-21-24
✔
29 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
2FAFP73W41X171552 1107680
POLICE 7
2001 Crown Victoria Unmarked, 133,757 mileage on vehicle - No longer needed. 7/25/25
✔
30 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
1GNSKDEC8KR349815 1565836
POLICE 22
2023 Chevy Tahoe Pursuit; 31,326 miles on engine.- Major body and frame damage. 07/24/25
✔
31 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
2FAHP71W35X123851 1246499
POLICE 29
2005 Ford Crown Victoria Interceptor, 110, 026 miles on engine - High mileage vehicle - Unsupported parts and equipment.
05-21-24
✔
32 Item C.
CITY OF SONORA
DISPOSITION OF CITY VEHICLE
VIN # License Plate #
Assigned Department City Unit Number #
Reason for Disposition of Vehicle:
PLEASE CHECK THE METHOD OF DISPOSITION RECOMMENDED:
Sale
Transfer (no money to be received)
Parted Out/Junked
NO VEHICLE MAY BE DISPOSED OF BY THE CITY WITHOUT THE TITLE BEING
TRANSFERRED TO THE APPROPRIATE PERSON/ENTITY AND/OR NOTIFICATION TO THE DEPARTMENT OF MOTOR VEHICLES THAT THE VEHICLE HAS BEEN JUNKED.
The following procedures shall be followed in determining that a vehicle should be disposed of by the City:
1. Department shall determine that the vehicle is no longer needed.
2. Vehicle shall be offered to other City Departments.
3. City Equipment Mechanic shall recommend whether vehicle should be sold, parted out or junked.
4. The City Equipment Mechanic and Finance Director shall coordinate the transfer of title.
Department Head Signature Recommending Disposition Date As the City’s Equipment Mechanic, I have inspected the vehicle and based upon that inspection, I recommend:
Sale/Transfer
Part Out/Junk
Equipment Mechanic Signature (Recommending Type of Disposition) Date City Administrator Signature (Authorizing Disposition) Date Pink Slip Given To & Date Given
Date
Finance Director Signature (Accepting Disposition as Complete) Date
COMMENTS ON REVERSE SIDE
ZFAHP71W05X127176 1260600
POLICE 30
2005 Ford Crown Victoria Interceptor, 118,028 miles on engine - High mileage vehicle - Unsupported parts and equipment.
05-21-24
✔
33 Item C.
34 Item C.
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 DATE: August 4, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Tracy Skelly, Administrative Services Officer/City Clerk SUBJECT: Consider the Adoption of Resolution 08-02-2025-C and Approval of the Updated Records Retention Policy and Schedule
RECOMMENDATION:
Consider the Adoption of Resolution 08-02-2025-C and Approval of the Updated Records Retention Policy and Schedule.
BACKGROUND:
The existing policy (Resolution 06-05-2006-A) has not been substantially reviewed or updated in nearly two decades. The Secretary of State’s Local Government Records Program (LoCal) recommends periodic review and alignment with current guidelines and legal changes. New state laws (e.g. AB 1637) introduce additional requirements regarding electronic record access and usage by City agencies.
DISCUSSION / ANALYSIS:
Key changes include newly structured destruction procedures, including formal certification, legal review, and record-keeping of destruction. Defined Legal Hold provisions to suspend destruction of records under investigation or litigation. Clarified retention periods aligned with audits, federal/state requirements, and administrative business needs. Formal authority delegated to the City Clerk / Department Heads, and notification to the City Administrator to destroy records in compliance with the Council-adopted schedule and Government Code requirements. Policy includes a review cycle every five years or upon legislative updates.
Ensures compliance with Government Code §§ 34090, 34090.7, and § 12236. Reduces storage costs and administrative burden by removing obsolete records systematically. Protects the City in litigation by following formally adopted retention periods and documented destruction. Enhances public transparency and responsiveness through a clear policy structure.
FISCAL IMPACT:
No Fiscal Impact to the General Fund. Potential savings on storage and compliance risk. 35 Item D.
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 ATTACHMENTS:
Updated Records Retention Schedule
Resolution 08-04-2025-C
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering 36 Item D.
RESOLUTION NO. 08-04-2025-C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA ADOPTING AN UPDATED RECORDS
RETENTION POLICY AND SCHEDULE INCLUDING DIGITAL RECORDS MANAGEMENT WHEREAS, the City Council recognizes the importance of a records retention policy to ensure efficient government operations, legal compliance, public transparency, and proper management of historical records; and
WHEREAS, California Government Code § 34090 authorizes public entities to prescribe retention and destruction procedures for records that are no longer required, and § 34090.7 permits the destruction of duplicate records less than two years old; and
WHEREAS, California Government Code § 12236 mandates that local government agencies follow guidelines published by the Secretary of State’s Local Government Records Program; and WHEREAS, new state law (e.g. 2025 updates) reinforces electronic access requirements per AB 1637; WHEREAS, Government Code § 34090.5 permits the destruction of original records after they have been duly reproduced in a trustworthy electronic format, such as scanned images or PDF/A files, provided they are retained in accordance with best practices and are accessible for public inspection when required; and
WHEREAS, the City’s updated Records Retention Policy includes procedures for maintaining scanned and digitized records, including ensuring fidelity, access, and long-term storage integrity; and NOW, THEREFORE, BE IT RESOLVED as follows:
1. The City Council hereby adopts the Records Retention Policy and Schedule (Attachment A), which classifies all City records by category and establishes authorized retention and disposition periods.
2. The City Administrator, City Clerk, or designee is authorized to destroy records in accordance with the adopted Schedule, provided any duplicates less than two years old may be removed per GC §34090.7.
3. Records destruction must follow documented procedures, including review, certification by department heads, review by the City Attorney where required, and retention of a destruction log.
4. This Resolution supersedes Resolution No. 06-05-2006-A and remains in effect until revised or rescinded by the Council.
37 Item D.
5. Records that have been scanned or digitized in accordance with California Government Code § 34090.5 and the California Secretary of State's Local Government Records Management Guidelines may be retained in digital format, and the original paper records may thereafter be destroyed, provided the following conditions are met:
The digital version is accurate, complete, and readable. The digital format is non-proprietary and compliant with industry standards (e.g., PDF/A or TIFF).
The digital files are stored securely, backed up, and remain accessible throughout the retention period.
A certificate or log of scanning and destruction is maintained. Destruction of original paper copies must follow the same approval and documentation process as other destruction of records.
PASSED AND ADOPTED by the City Council at its regular meeting on August 4, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ann Segerstrom, Mayor, City of Sonora
ATTEST:
Tracy Skelly, City Clerk, City of Sonora
Resolution 08-04-2025-C
38 Item D.
City of Sonora
Records Retention Policy
(Attachment A)
POLICY
Scope: Covers all records in any format (paper, electronic, audio, etc.). Applies to original records; duplicates and non-records may be destroyed at any time. Purpose: A Records Retention Policy saves both physical and electronic storage space. Retaining and disposing of records according to the Retention Schedule creates a regular, controlled flow of records through the office. Records may move through multiple storage locations throughout their life, such as internal office storage, departmental storage, or external storage facilities. Administrative Value of Records: Records are created to document the functions the City performs day-to-day. Records have administrative value so long as they assist the City in conducting either current or future work. The primary administrative use for most records is exhausted when the transactions to which they relate have been completed. From that point on, the records begin to lose their administrative value.
o Some administrative records contain basic facts concerning the City’s origin, policies, functions, organization, and significant administrative decisions. These records should be preserved to provide documentation of the City’s operations in the past, present, and future.
Legal Value of Records: Records have legal value if they contain evidence of legally enforceable rights or obligations to the City, both those of the City and those of persons directly affected by the City’s activities. These records must be made available if they are requested for litigation or legal hold and may not be destroyed once requested while the hold is still in place, even if the records have come to the end of their scheduled retention period. o Determining the legal value often means consulting with the City’s attorney and reviewing statutes and regulations for rules specific about a program or function, and asking questions like:
Would these records be useful in case of litigation -- when would they stop being useful (i.e., is there a statute of limitations, etc.)? Are there any statutes, regulations, or memorandums of understanding that require the records to be kept for a minimum amount of time? Are some of the records different than others -- should the record series be split up into different descriptions with different retention periods? Fiscal Value of Records: Records of fiscal value are those which document financial authorizations, obligations, and transactions, and provide an audit trail; or those records that pertain to the financial transactions of the City. Some examples of fiscal records include budgets, ledgers, payrolls, and vouchers. After records have served their basic administrative functions, they may still have sufficient fiscal value to justify their retention in storage to protect the City from litigation, or to account for the expenditure of funds. Records with fiscal value may be subject to audit and may need to be retained for a period of time allowing for an audit to be 39 Item D.
initiated. Once audits have been resolved, fiscal records often lose their value. When considering fiscal value, which is about financial planning, budgets, and audits, consider questions like:
Do the records contain financial information that would be relevant or required in an audit?
Do the records help support the budget process now or in the future? What is the audit period for those programs/records?
Destruction Procedures:
o Annual review of inactive records by the Departments. o Preparation of a Records Destruction Certification listing records slated for destruction. o Approval by City Clerk, Department Head, City Attorney (if required), and notification to City Administrator.
o Secure destruction (shredding, electronic wiping) with documentation retained. o A Destruction Log is maintained by the records coordinator. Policy Review: At least every five years or as state law changes. Compliance: Failure to comply may result in disciplinary action.
DIGITIZED RECORDS / SCANNED COPIES
City departments may scan or digitize original paper records into a reliable electronic storage system.
Once verified for quality and completeness, the original physical records may be destroyed if:
The scanned copy is maintained in accordance with Government Code § 34090.5. The scanned copy is stored in a format compliant with long-term preservation standards (e.g., PDF/A).
The scanned files are indexed, searchable (where applicable), and protected from unauthorized alteration or deletion.
A Scanning Certification Log or digital asset record is created and retained, documenting:
o Record title/series
o Date scanned
o Person responsible
o Format used
o Confirmation that records were verified prior to destruction Records retention periods apply to the scanned version starting from the date of creation or receipt of the original document, not the scan date.
40 Item D.
CITY OF SONORA RECORDS RETENTION SCHEDULE
(“Current” = most recent fiscal or calendar year; “Closed” = finalized status)
TYPE OF RECORD YEARS REMARKS
Correspondence 3 Reports, General/Public
FINANCIAL Audit Date + 4/7 4-years City, 4-years State, 7-years Federal Expense Reports Audit Date + 4/7 Or until audited, whichever isfirst Budget and Related Items Audit Date + 4/7 Or until audited, whichever isfirst Billing/Invoices/Accounting Reports
& Records
Audit Date + 4/7 Or until audited, whichever isfirst
Audits/Taxes Audit Date + 4/7
Checks/Ledgers/Registers Business
Licenses
Audit Date + 4/7 Or until audited, whichever isfirst
Note: Checks are to be kept for 5 years
Fees/Receipts/Accounts
Payable/Receivables/Deposits
Audit Date + 4/7 Or until audited, whichever isfirst
Grants Active +5 Active until the end of the grant year, or refer to the grant application close-out procedures
HUMAN RESOURCES
PERS, Social Security, SSI Permanent EEOC/ADEA
Training Records:
Miscellaneous Safety
(Police/Fire)
Current Yr +7
Terminated +7
Employee training applications, volunteer
program training, class training materials,
internships, etc. For Safety: Paperwork
documenting internal and external training
Recruitment Closed +3 May include, but not limited to: Applications, resumes, alternate lists/logs, indices, ethnicity
disclosures examination, materials
examination, answer sheets, job bulletins,
eligibility, electronic database, interview
documents, etc.
Employee Rights:
Miscellaneous
Safety (Police/Fire)
Terminated + 2
Terminated + 5
May include, but not limited to: Arbitration,
grievances,sexual harassment, Civil Rights,
complaints, terminations,
disciplinary actions, etc.
41 Item D.
Personnel Files:
Miscellaneous Safety
(Police/Fire)
Terminated +3
Terminated +5
May include, but not limited to:
Release authorizations, certifications,
reassignments, outside employment,
commendations, disciplinary actions,
Terminations, oaths of office, evaluations, preemployment medicals, fingerprints, IDs, etc.
Medical Leave Includes Closed +30 Family Leave, certifications, etc.
Toxic Exposure Reports Active Until the employee leaves/terminates Negotiations Permanent Notes, notebooks, correspondence, contracts, and Memorandum of
Understandings
Associations Active Active while membership is current
Payroll 5 General
Employee Time Sheets Audit Date + 6
Attendance Active+1 Active untilthe employee terminates Payroll Register Permanent
Federal and State Tax Audit Date +4 W-4's and W-2's (also 1099's) Salary Records Terminated+ 3 Deduction authorization, beneficiary designations, unemployment claims,
garnishments, etc.
EQUIPMENT /SUPPLIES
Inventory Active Active until revised
Purchase Request/Order Audit Date + 4/7 Or until audited, whichever isfirst Vehicle File Records 2
Inspection Reports Active Active until revised/rescinded Vendor Information Active Active until revised/rescinded Building Leases Active Active untilthe lease terminates
POLICY/PROCEDURES/
ORGANIZATION
Polices/Procedures (All) Active Active until revised/rescinded Organization Charts Active Active until revised
Vision/Mission Statements Active Active until revised
42 Item D.
Agenda Reports Current + 2 Documentation received, created, and/or submitted to the council
Tapes, Audio/Video Current + 2 When used for minute preparation, and may have historical value
Requestfor Proposals Request for
Qualifications
3 Resolutions/Ordinances/
Minutes/Code Book/Council
Agendas
Permanent Original resolutions, ordinances, minutes, agendas, and special meeting notices, including certificates of
posting, original summaries, original
communications, and action agendas for councils,
boards, and commissions
Contracts Active 4/7 Active until contract terminates - + 4/7 if subject to audit
Public Hearings 5
Health/Safety Documents 3
Studies/Feasibility Studies 5
Monthly Activity Reports 2
Plans and Goals Active Active untilrevised/rescinded/superseded/ completed
RECORDS MANAGEMENT
Records Retention Schedule Active Active until revised
Records Transfer List Active Active until the disposal of records Legal Opinions Active +1 Active until issues are resolved Lawsuits/Small Claims Large
Lawsuits
Active +1
Permanent
Active until litigation is complete
FAIR POLITICAL PRACTICES
Administration/Campaign
Statements and Conflict of
Interest
Current +5 FPPC Opinions
Statement of Economic Interest
Oath of Office
Certificates of Election
Terminated +7
Terminated +6
Terminated +4
FPPC Opinions
43 Item D.
RISK MANAGEMENT
Accident/Incident Reports Closed +7 Reports and related records Insurance Certificates Permanent Liability, workers' compensation, property Workers Compensation Claim Closed,
Terminated +5
Claim files, reports, and incident working files
Claims, Damage Closed +5 Paid/Denied
Risk Management Reports Closed +5 Federal OSHA forms, loss analysisreports, safety reports, etc.
Bonds, Insurance Permanent Bonds and insurance policiesinsuring city property and other assets
DEVELOPMENT
Development Agreements,
Development Standards,
CEQA Documents, General
Plan Documents, Deeds &
Notes, Building Permits
Permanent
Logs Current +5 Records listing permits, certificates of occupancy, inspections, building activity, daily,
plan check
Maps/Plats/Permits/Surveys Permanent Plans, building,signs, grading, encroachment, blueprints, and specifications, etc.
Violations, Building, Property &
Zoning
Closed +2
Property
Acquisition/Disposition
Closed+10 Sale, purchase, exchange, lease, rental, etc.
Redevelopment Budgets Permanent
Assessment Districts Permanent
Annexations Permanent
Emergency Management Plan Permanent Unlessrevised
If not listed above, City of Sonora Records management guidelines will subscribe and defer to the Secretary of State’s Local Government Records Management Guidelines. 44 Item D.
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 DATE: August 4, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Tyler Summersett, Community Development Director, Josh Varinsky, City Attorney SUBJECT: Resolution 08-04-2025-A Approving the Vacation of Excess Right-of-Way Located Within APN 056-108-015; and Resolution 08-04-2025-B Approving and Authorizing Execution of a Roadway Vacation Agreement with the Applicant for the 956 Oregon Street Project.
RECOMMENDATION:
Consider Adoption of Resolution 08-04-2025-A Approving the Vacation of Excess Right-of-Way Located Within APN 056-108-015; and Resolution 08-04-2025-B Approving and Authorizing Execution of a Roadway Vacation Agreement with the Applicant for the 956 Oregon Street Project.
BACKGROUND:
This item follows previous actions taken by the Planning Commission and the City Council, which approved entitlements for a 12-unit residential and commercial mixed-use project at 956 Oregon Street.
On May 13, 2024, the Sonora Planning Commission approved the Design Review, Site Plan, and Use Permit to allow a 40-foot residential and commercial mixed-use project at 956 Oregon Street (APNs: 056-106-004 and 056-108- 015) (the “Project”). The Planning Commission also recommended a rezone for the Project from General Commercial (GC) to Commercial (C).
Following the Planning Commission’s approval, the Project approvals were appealed to the City Council. On June 17, 2024, the City Council denied the appeals and upheld the Planning Commission’s decision. The City Council also introduced and subsequently adopted the rezoning for the property.
As discussed in prior hearings for the Project, the City has a small strip of right-of-way which sits in between South Washington Street and the Project site (the “Right-of-Way Area”), shown below, and in Attachment 1. 45 Item A.
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 The Project applicant filed a Vacation Application with the City for the purpose of acquiring the right-of-way from the City, as the land is necessary for the Project to proceed as approved. The Right-of-Way Area is approximately 3,831 square feet (~0.088 acres). The City originally inherited this right-of-way from the State on February 6, 1995, when the State relinquished specific right-of-way segments to the City.
RESOLUTION TO FORMALLY VACATE THE RIGHT-OF-WAY AREA:
Roadway vacations are governed by the California Streets and Highways Code. The Project applicant filed all application materials with the City, including referral letters to utilities that may require public utility easements to be reserved in the Right-of-Way Area.
The Planning Commission reviewed the proposed vacation for consistency with the City’s circulation element of the General Plan, to determine if the right-of-way is excess not necessary for present of future public use. The Planning Commission made such findings by resolution 05-13-2024-A (Attachment A). 46 Item A.
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 The attached resolution 08-04-2025-A (Attachment B) for consideration by the Council deems the area as excess right-of-way not necessary for public use or future travel needs and formally abandons and vacates the City’s interest in the right-of-way area.
AGREEMENT WITH PROJECT APPLICANT:
The second resolution (Attachment C) approves and authorizes the execution of a Roadway Vacation Agreement with the Project applicant, as the area is proposed to be transferred to the Project applicant for future development of the 956 Oregon Street Project.
The attached Vacation Agreement includes the following terms and conditions between the City and the Project applicant:
The necessary public utility easements must be recorded for the Tuolumne Utilities District. The existing property is composed of multiple lot lines; therefore, the applicant will file a merger application with the City to formalize the new property boundary as one lot. The property owner will have the obligation of maintaining the area of Mariposa Street south of the property, which is to be developed as part of the Project. Frontage trees along South Washington Street and Oregon Street will be installed as part of the landscaping plan for the Project.
The Project applicant will install a new “Welcome to Sonora” sign at the intersection of South Washington Street and Mariposa Street, similar to the existing signage along State Route 49 at the northern entrance to the City.
The Project applicant will also reimburse the City Five Thousand Dollars ($5,000.00) for its costs incurred in processing all prior development applications.
The Vacation Agreement will run with the land because of the ongoing maintenance obligations of the property owner.
FISCAL IMPACT
No Fiscal impact to the General Fund.
47 Item A.
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 ATTACHMENTS:
1. Project Site Map (including Vacation Area)
A. Planning Commission Resolution No. 05-13-24-A (General Plan Conformance Findings) B. Resolution No. 08-04-2025-A
EXHIBIT A: Legal Description of Vacation Area
C. Resolution No. 08-04-2025-B
EXHIBIT A: Vacation Agreement
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Economic Development/Growth and General Plan
48 Item A.
49 Item A.
50 Item A.
51 Item A.
52 Item A.
53 Item A.
54 Item A.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Sonora
City Hall
94 N. Washington Street
Sonora, CA 95370
Attn: City Clerk
No recording fee per Gov. Code §§ 6103, 27383
RESOLUTION 08-04-2025-A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
APPROVING THE VACATION OF EXCESS RIGHT-OF-WAY
LOCATED WITHIN APN 056-108-015
WHEREAS, on February 6, 1995, the Sonora City Council accepted certain relinquished state highways as city streets from the California Transportation Commission (Resolution No. 2-6-95-B), including the real property identified as a portion of APN 056-108-015, as more particularly described and depicted in Exhibit A attached hereto (the “Right-of-Way Area”); and WHEREAS, the Right-of-Way Area is approximately 3,831 square feet (~0.088 acres); and WHEREAS, the City has received development applications to develop a multi-family and commercial project on a site adjacent to and including the Right-of-Way Area (the “Project”); and WHEREAS, the Project is located at 956 Oregon Street (APNs: 056-106-004 and 056-108-015) and involves the development of twelve (12) residential units and commercial spaces; and WHEREAS, on May 13, 2024, the Sonora Planning Commission approved the design review, site plan, and use permit for the Project, and recommended to the City Council approval of a rezoning for the Project; and
WHEREAS, the City received three (3) appeal filings for the Project approved by the Planning Commission, for consideration and determination by City Council; and WHEREAS, on June 17, 2024, the City Council voted to uphold the decision of the Planning Commission, and introduced an ordinance to rezone the property; and WHEREAS, the Project applicant filed a vacation application with the City to acquire the Right-of-Way Area from the City, for purposes of developing the Project; and WHEREAS, on August 19, 2024, the City Council adopted a resolution declaring the Right-of-Way Area as “exempt surplus land,” pursuant to the California Surplus Land Act (at Gov. Code, § 54220 et seq.), as acknowledged by the California Department of Housing and Community Development in correspondence delivered to the City (dated October 1, 2024); and 55 Item A.
WHEREAS, the Right-of-Way Area abuts South Washington Street, a two-lane major collector running north-south through the City and connecting to State Route 108; and WHEREAS, on December 9, 2024, the Sonora Planning Commission evaluated the proposed vacation for conformance with the City’s General Plan and forwarded its recommendation to the City Council; and
WHEREAS, notice of this public hearing has been provided in accordance with the California Streets & Highways Code; and
WHEREAS, City staff recommends that the City Council make the following findings for the proposed vacation:
1. The Right-of-Way Area is excess right-of-way and is not necessary for present or prospective public use or traffic needs in the area.
2. Vacation of the Right-of-Way Area conforms to the City’s General Plan, as described in Planning Commission Resolution No. 05-13-2024-A. The findings of Planning Commission Resolution No. 05-13-2024-A are hereby incorporated by reference.
WHEREAS, the proposed vacation is subject to the terms and conditions agreed to between the City and the Project applicant, approved by the City Council in conjunction with this Resolution; and WHEREAS, the roadway vacation is a component of the Project previously approved by the City Council, which has already been determined to be exempt from the California Environmental Quality Act (CEQA Guidelines, § 15378); and
WHEREAS, the purpose of this Resolution is to approve the vacation of the Right-of-Way Area described in Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SONORA AS FOLLOWS:
1. The City Council hereby finds that the above recitals are true and correct and are made part of this Resolution.
2. The Right-of-Way Area is hereby deemed excess and not required for current or future public use or traffic needs in the area.
3. The City Council hereby approves vacation of the Right-of-Way Area described in Exhibit A.
4. Prior to recordation of the vacation, public utility easements shall be reserved along the vacated Right-of-Way Area, with the location and width of the easements as approved by the City Engineer and affected utility companies.
56 Item A.
PASSED AND ADOPTED as a resolution by the Sonora City Council on this 4th day of August 2025, by the following vote:
Members of the City Council:
AYES: ______________________________
NOES: _________________________________________________________________________ ABSENT:
ABSTAIN: _____________________________________________________________________ Signed and dated: _________________, 2025
SIGNED:
Ann Segerstrom
Mayor, City of Sonora
ATTEST:
_______________________________
Tracy Skelly
City Clerk, City of Sonora
57 Item A.
EXHIBIT A + B:
Legal Description of Right-of-Way Area
58 Item A.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Sonora
City Hall
94 N. Washington Street
Sonora, CA 95370
Attn: City Clerk
No recording fee per Gov. Code §§ 6103, 27383
RESOLUTION 08-04-2025-B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA
APPROVING AND AUTHORIZING EXECUTION OF A ROADWAY VACATION AGREEMENT WITH THE APPLICANT FOR THE 956 OREGON STREET PROJECT
WHEREAS, the City has received development applications to develop a multi-family and commercial project (the “Project”); and
WHEREAS, the Project is located at 956 Oregon Street (APNs: 056-106-004 and 056-108-015) and involves the development of twelve (12) residential units and commercial spaces; and WHEREAS, on May 13, 2024, the Sonora Planning Commission approved the design review, site plan, and use permit for the Project, and recommended to the City Council approval of a rezoning for the Project; and
WHEREAS, the City received three (3) appeal filings for the Project approved by the Planning Commission, for consideration and determination by City Council; and WHEREAS, on June 17, 2024, the City Council voted to uphold the decision of the Planning Commission, and introduced an ordinance to rezone the property; and WHEREAS, the Project applicant filed a vacation application with the City to acquire a portion of City rightof-way approximately 3,831 square feet along South Washington Street (the “Right-of-Way Area”), for purposes of developing the Project; and
WHEREAS, on August 19, 2024, the City Council adopted a resolution declaring the Right-of-Way Area as “exempt surplus land,” pursuant to the California Surplus Land Act (at Gov. Code, § 54220 et seq.), as acknowledged by the California Department of Housing and Community Development in correspondence delivered to the City (dated October 1, 2024); and WHEREAS, the Project applicant and the City have agreed to terms and conditions for the transfer and acquisition of the Right-of-Way area, as contained in the Vacation Agreement, attached and incorporated hereto as Exhibit A; and
WHEREAS, the roadway vacation is a component of the Project previously approved by the City Council, which has already been determined to be exempt from the California Environmental Quality Act (CEQA Guidelines, § 15378); and
59 Item A.
WHEREAS, the purpose of this Resolution is to approve and authorize execution of the attached Vacation Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SONORA that the City Manager is hereby authorized to execute the Vacation Agreement attached hereto as Exhibit A, and take all acts necessary and incidental to carry out the terms of the Vacation Agreement.
PASSED AND ADOPTED as a resolution by the Sonora City Council on this 4th day of August 2025, by the following vote:
Members of the City Council:
AYES: ______________________________
NOES: _________________________________________________________________________ ABSENT:
ABSTAIN: _____________________________________________________________________ Signed and dated: _________________, 2025
SIGNED:
Ann Segerstrom
Mayor, City of Sonora
ATTEST:
____________________________________
Tracy Skelly
City Clerk, City of Sonora
60 Item A.
EXHIBIT A:
Vacation Agreement
Between the City of Sonora and the William Canning and Margaret Lee Trust 61 Item A.
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of Sonora
City Hall
94 N. Washington Street
Sonora, CA 95370
Attn: City Clerk
No recording fee per Gov. Code §§ 6103, 27383
APNs / ADDRESS: 056-106-004 (956 Oregon Street, Sonora, CA); Portion of APN 056-108-015
(collectively referred to as the “Property”, as further described in Exhibit A attached hereto)
PROJECT: 956 Oregon Street Project (as approved by City Council Resolution No. 06-17-2024-A on June 17, 2024) (the “Project”)
VACATION AGREEMENT FOR RIGHT-OF-WAY
CITY OF SONORA
The CITY OF SONORA, a California municipal corporation (“City”), and the WILLIAM CANNING AND MARGARET LEE TRUST (“Applicant”), for valuable consideration and in exchange of the mutual covenants set forth below, hereby agree that the following terms and conditions shall apply to the vacation of the right-of-way area (as described in the vacation application filed by Applicant with the City on May 16, 2024):
1. TUOLUMNE UTILITIES DISTRICT. The Tuolumne Utilities District (“TUD”) has notified City that it has utility facilities in the right-of-way area being vacated by City. The necessary easements for the benefit of TUD shall be recorded with the Tuolumne County Recorder’s Office. The TUD easements shall be recorded prior to formal vacation of the right-of-way area, or at a later time agreed to between City and Applicant.
2. LOT LINE MERGER. City has previously approved entitlements for Applicant’s project located at 956 Oregon Street, Sonora, CA (“Project”). The Project as approved is to be developed on multiple parcels of real property, as shown by the existing lot lines of the underlying parcels. Applicant shall file the necessary lot line merger application materials with City to update the lot lines to conform to the Project. City shall have no obligation to issue any certificate to occupancy for the 62 Item A.
Project until the merger application has been formally approved by City and recorded with the Tuolumne County Recorder’s Office.
3. CONSIDERATION. In consideration for conveying the right-of-way area to Applicant, the parties agree to the following:
a. As contained in the conditions of approval for the Project, Applicant shall grade and improve the width of Mariposa Street to serve as an alley abutting the Project. The design and improvement of Mariposa Street shall be subject to City’s approval. Applicant hereby agrees to provide for the ongoing care and maintenance of Mariposa Street. At City’s written request, Applicant at its own expense shall make repairs requested by City within thirty (30) days. If Applicant fails to make the repairs requested within the allotted time period, Applicant shall be subject to a One Hundred Dollar ($100.00) penalty for each day that Applicant fails to make the requested repairs.
b. Applicant shall install trees along the frontage of South Washington Street and Oregon Street, within the boundaries of the Project to the extent practicable or the public right-of-way. The additional frontage trees shall be included in the Landscaping Plan approved by City. Applicant shall be obligated to provide for the ongoing maintenance and replacement of the frontage trees. In the event that Applicant fails to provide for the maintenance and replacement of the frontage trees, City may, after written notice, make the repairs or replacements and charge Applicant for its costs. c. Applicant shall install a “Welcome to Sonora” sign in the City right-of-way near the intersection of South Washington Street and Mariposa Street. The text, design, and dimensions of the sign may be similar to the existing welcome signage along State Route 49 at the northern entrance to the City, subject to the approval of the Community Development Director. Upon its construction and inspection by City, the sign shall be considered dedicated to City, and City shall assume ownership and control of the sign.
4. QUITCLAIM DEED. Concurrent with recordation of the vacation, City shall execute, acknowledge and deliver a Quitclaim Deed conveying the right-of-way area to Applicant, in a form agreed to by the parties.
5. PROCESSING FEE. Prior to issuance of a building permit for the Project, or at such other time agreed to by the parties, Applicant shall pay Five Thousand Dollars 63 Item A.
($5,000.00) to City for reimbursement of City’s processing costs related to the Project.
6. CLOSING COSTS. Applicant shall be responsible for all closing costs associated with this transaction (including but not limited to, escrow costs, recording fees, and transfer taxes, as may be applicable).
7. PERPETUAL AGREEMENT. Due to the ongoing maintenance obligations for Mariposa Street and the frontage trees described in Section 3, this Agreement is intended to be perpetual and binding on all successors acquiring any portion of the Property. In the event this Agreement is terminated, the Parties agree to effectuate and record an instrument with the Tuolumne County Recorder’s Office to remove this Agreement from the title to the Property.
8. COVENANT RUNNING WITH THE LAND. This Vacation Agreement is binding upon Applicant and its successors-in-interest. All terms, covenants, and conditions contained herein shall be binding on all parties having or acquiring any legal title or interest in the parcels described herein or any part thereof.
9. RECORDATION. City shall record this Agreement with the Tuolumne County Recorder’s Office.
10.AUTHORITY. Each person executing this Vacation Agreement certifies that they are authorized to sign this Vacation Agreement and bind the parties to the terms and conditions contained herein.
[ Signatures on following page ]
64 Item A.
By execution with the signatures below, the parties agree to be bound to the terms and conditions contained in this Vacation Agreement.
CITY OF SONORA:
By: __________________________________
Melissa Eads, City Administrator
Dated: __________________________________
APPLICANT:
WILLIAM CANNING AND MARGARET LEE TRUST
By: __________________________________
Print: __________________________________
Its: Trustee
Dated: __________________________________
65 Item A.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF ______________ )
On _____________ before me, _____________________________________, a notary public, personally appeared _______________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_________________________________(Seal)
66 Item A.
EXHIBIT A
Legal Description of Property
67 Item A.
July 22, 2025
Community Developer Director
Tyler Summersett
Subject: City of Sonora to give away part of South Washington Street While the portion of South Washington Street between the railroad tracks and the Bypass is currently only two lanes, the City owns the extra shoulder is that section that can be used for emergencies. In a wildfire situation, we want as many lanes as possible for evacuation simultaneous emergency responder access. The shoulder could even be developed into another paved traffic lane in the future, if it is not sold by the city first.
Selling this important right-of-way, which makes up ½ the usable width of South Washington street, seems very short-sighted. It would be a huge mistake, especially when you consider it is part of our main evacuation route for the city.
There is no reason to give away part of South Washington Street. In fact, there are multiple reasons to NOT give it away.
Let the property at 956 Oregon St. be developed without giving away part of South Washington St.
Don’t give away public property that is much more valuable to our community as a resource for improving traffic conditions and evacuation safety than it is as a parking lot.
Giving away an important corridor should not even be legal!! This is an issue that affects the entire county and visitors alike and will do so for years to come. Don’t be shortsighted in this decision.
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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 DATE: August 4, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Tyler Summersett, Community Development Director, Cole Przybyla, Przybyla Advisors SUBJECT: Receive a Presentation from Przybyla Advisors and Consider Giving Direction on Economic Development Strategies.
RECOMMENDATION:
Receive a Presentation from Przybyla Advisors and Give Direction on Economic Development Strategies.
BACKGROUND:
The City completed an Organization Review and Budget Stabilization Study in 2023. This plan included a Five-Year Strategic and Implementation Plan that outlined a number of priorities for the City across various sectors and responsibility areas. Identified tasks within the document were prioritized as well. Numerous strategies fell into the category of Economic Development. As a result, Community Development staff brought Economic Development goals from the Strategic Plan forward for implementation.
DISCUSSION / ANALYSIS:
Scope of Work items included a broad spectrum of possible activities over a one (1) to three (3) year timeline.
Included below are a menu of activities that can be prioritized or delayed based on reactions to data collected and recommendations within the presentation.
Year One Activities: (including but not limited to)
Three Year Strategic Plan for Economic Development
Vacant Properties index
Welcome to Sonora package
Locals First Ordinance
Identify Grant Funding Opportunities
Submittal of at least one grant (Dome Property—CDBG)
Parking Signage Plan implementation
City Beautification award program
72 Item B.
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 Year Two Activities:
Strategic Growth Plan-Annexation, incorporate into General Plan Cannabis Distribution ordinance
Business Attraction/expansion/retention activities
Submittal of at least one grant
Grant Management (if awarded)
Year Three Activities:
Economic Development Element—General Plan
Grant Management
Business Recruitment
FISCAL IMPACT:
This project is working from a previously approved budget of $50,000 to hire for outside services.
ATTACHMENTS:
Presentation of Economic Development accomplishments to date CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan, Homelessness Issues, Staffing - Salary, Benefits, Training, and Retention
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PICf)NEER
COMMUNITY ENERGY
July 18, 2025
Melissa Eads, CAO
City of Sonora
94 North Washington Street
Sonora CA 95370
** ELECTRONIC MAIL -and- US MAIL**
RE: JPA Amendment Filing- Pioneer Community Energy
Subsequent to the February 27, 2025, action taken by the Pioneer Community Energy Board of Directors to adopt Resolution 2025-8 Approving Amendment No. 7 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy Expanding Pioneer Community Energy's Joint Powers Authority Membership. Effective Date: Immediately upon certification of Addendum No. 3 to the Implementation Plan and Statement of Intent (Attachment 1 ), the following steps have been taken to complete that action.
■ On June 9, 2025, Pioneer Community Energy received the California Public Utilities Commission certification of Addendum No. 3 to the Implementation Plan and Statement of Intent, thus effectuating Amendment No. 7 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy's Joint Powers Authority Membership (Attachment 2).
■ Per the effective date, June 9, 2025, documents for Amendment No. 7 were filed with the Secretary of State and State Controller's Office; and, with the County Clerk-Recorder and County LAFCo for each member agency's jurisdiction.
The Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy per Amendment No. 7 is being provided to all Member Agencies (Attachment 3); and, is available on the Pioneer Community Energy website: https://pioneercommunityenergy.org/about-us/key-documents/ (+Formation Documents).
Enclosures pertaining to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy are attached for your reference and record . 2510 Warren Drive, Suit~ B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org 122 Item B.
PIE~NEER
COMMUNITY ENERGY July 18, 2025
page 2
If you have any further questions, please contact me at Don [email protected] or (916) 251.8575.
Sincerely,
Donald Eckert
Chief Executive Officer
Electronic Cc:
Ann Sergerstrom, Mayor
Tracy Skelly, City Clerk
Enclosures
1. Resolution 2025-8 JPA Amendment No. 7 (adopted 2-27-2025)
2. California Public Utilities Commission (CPUC) Expansion Certification Letter No. 3 (6-9-2025)
3. Amended and Restated JPA per Amendment No. 7 (effective 6-9-2025)
4. Secretary of State Notice of Amendment-JPA Amendment No. 7 (filed 7-7-2025) 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org 123 Item B.
Before the Governing Board of
Pioneer Community Energy
In the matter of: RESOLUTION APPROVING
AMENDMENT NO. 7 TO THE AMENDED AND
RESTATED JOINT EXERCISE OF POWERS
AGREEMENT FOR PIONEER COMMUNITY
ENERGY EXPANDING PIONEER COMMUNITY
ENERGY'S JOINT POWERS AUTHORITY
MEMBERSHIP
Resolution No.: 2025-8
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held February 27, 2025, by the following vote on roll call:
Ayes: Carter, DeMattei, Dowdin Calvillo, Ivy, Janda, Jones, Lomen, Pearl, Ring .
Noes: None.
Absent: Parlin, Petersen.
Signed and approved by me after its passage.
Chair of the Governing Board
Attest:
Secretary ~~
WHEREAS, the Sierra Valley Energy Authority was established on September 9, 2015, between the County of Placer and the City of Colfax; and WHEREAS, the Sierra Valley Energy Authority was originally created for the purpose of providing a financing conduit and program expansion platform for the mPOWER Program; and WHEREAS, counties and cities have the power under California law to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, by providing a Community Choice Aggregation Program, pursuant to Public Utilities Code Sections 331.1 and 366.2; and
WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement for the Sierra Valley Energy Authority (the "Amended and Restated JPA'') became effective on February 22, 2017; and
WHEREAS, the Amended and Restated JPA allowed for the establishment of a Community Choice Aggregation Program within the jurisdiction of the Voting Members and authorized the Cities of Auburn, Lincoln, Rocklin, and the Town of Loomis to become Voting Members; and 390162.1
124
Item B.
WHEREAS, on July 17, 2017, the Governing Board of the Sierra Valley Energy Authority took action to rename and brand Sierra Valley Energy Authority as Pioneer Community Energy ("Pioneer"); and
WHEREAS, the current members of Pioneer include the Cities of Auburn, Colfax, Grass Valley, Lincoln, Nevada City, Placerville, and Rocklin, the Town of Loomis, and unincorporated Placer and El Dorado Counties; and
WHEREAS, prior to providing service pursuant to an expansion, Public Utilities Code Section 366.2 requires that Pioneer prepare and adopt a Revised Implementation Plan to be filed with the California Public Utilities Commission; and
WHEREAS, the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne expressed a desire to join Pioneer for the purpose of participating in Pioneer's Community Choice Aggregation Program ("CCA Program") and
WHEREAS, the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne took appropriate steps toward offering CCA service within their respective communities, adopting requisite resolutions and ordinances at duly noticed meetings of the agencies' governing bodies; and
WHEREAS, an impact assessment study was performed to analyze the feasibility of expanding Pioneer's CCA Program service territory to include these prospective members, the results of which showed such an expansion to be beneficial to both existing Pioneer ratepayers, and potential ratepayers in the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne; and
WHEREAS, the City Councils of the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town Council of the Town of Paradise, and the Board of Supervisors of Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne, have adopted respective resolutions approved the Amended and Restated JPA; and WHEREAS, pursuant to section 8 of the Amended and Restated JPA, an amendment requires an affirmative vote of at least two-thirds of the Pioneer Board Members; and WHEREAS, Pioneer provided written notice to each Member 30 days prior to the date the Pioneer Board intended to vote on an amendment to the Amended and Restated JPA as required by section 19 of the Amended and Restated JPA; and WHEREAS, to these ends, the Pioneer Board desires to approved Amendment No. 7 to the Amended and Restated JPA to provide for the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne to become Voting Members under the Amended and Restated JPA for Pioneer Community Energy conditioned on an effective upon receipt of certification of Addendum No. 3 to the Implementation Plan and Statement of Intent from the California Public Utilities Commission; and
WHEREAS, representatives of the New Members will assume their seat as a Voting Member of the Pioneer Community Energy Board of Directors in compliance with Pioneer's JPA, Bylaws, and other applicable policies and rules.
2 390162.1
125
Item B.
BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
1. The above recitals are true and correct.
2. This Amendment No. 7 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy provides for admission of the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, and Yuba City, the Town of Paradise, and Unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne as Voting Members.
3. The Pioneer Community Energy Board of Directors hereby approves Amendment No. 7 to the Amended and Restated Joint Exercise of Powers Agreement for Pioneer Community Energy under the Joint Exercise of Powers Law, which amends Exhibit A to the Amended and Restated Joint Exercise of Powers Agreement in the form attached hereto as Exhibit A.
4. Pioneer Staff is hereby authorized to file Amendment No. 7 to the Amended and Restated Joint Powers Agreement for Pioneer Community Energy with the Secretary of State, LAFCos with jurisdiction over Pioneer's service territory, and to take all other necessary steps to implement Amendment No. 7.
5. This Resolution shall take effect immediately upon certification of Addendum No. 3 to the Implementation Plan and Statement of Intent.
Exhibit A: Exhibit A of the Amended and Restated JPA listing of Voting Members and Associate Members
3 390162.1
126
Item B.
AMENDMENT NO. 7 TO THE AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT FOR PIONEER COMMUNITY ENERGY
Exhibit A to the Agreement listing Voting and Associate Members of Pioneer Community Energy is hereby amended to reflect the current membership as follows:
Exhibit A
Voting Members and Associate Members
Section A.l Voting Members
City of Auburn
390170.1
City of Chico
City of Colfax
City of Grass Valley
City of Lincoln
City of Live Oak
City of Nevada City
City of Orland
City of Oroville
City of Placerville
City of Rocklin
City of Sonora
City of Willows
City of Yuba City
County of Butte
County of El Dorado
County of Glenn
County of Nevada
127
Item B.
County of Placer
County of Sutter
County of Tuolumne
Town of Loomis
Town of Paradise
Section A.2 Associate Members
City of Folsom
390170.1
County of Sacramento
Town of Truckee
128
Item B.
STATE OF CALIFORNIA Gavin Newsom, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
June 9, 2025
Donald Eckert Jr., Chief Executive Officer
Pioneer Community Energy
2510 Warren Dr., Suite B,
Rocklin, CA 95677
[email protected]
RE: Letter Certifying Pioneer Community Energy’s Addendum No. 3 to the Community Choice Aggregation Implementation Plan and Statement of Intent Addressing Pioneer Expansion to the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, And Yuba City; The Town of Paradise; The Counties of Butte, Glenn, Nevada, Sutter, And Tuolumne Dear Donald Eckert Jr.:
I am writing to certify receipt of Pioneer Community Energy’s Addendum No. 3 to the Community Choice Aggregation Implementation Plan to expand to include the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Yuba City, and Willows, the Town of Paradise and unincorporated Counties of Butte, Glenn, Nevada, Sutter, and Tuolumne. Addendum No. 3 to the Community Choice Aggregation Implementation Plan was submitted to the Energy Division on March 11, 2025, to begin service in these municipalities effective after October 1, 2027.
Pursuant to Public Utilities Code Section 366.2 (c)(7), within 90 days after the Community Choice Aggregator (CCA) establishing load aggregation files and submitting an Implementation Plan, the Commission is required to certify that it has received the Implementation Plan, including any additional information necessary to determine a cost-recovery mechanism.
Public Utilities Code Section 366.2 (c)(3) requires a CCA Implementation Plan to contain all of the following:
A) An organizational structure of the program, its operations, and its funding.
B) Ratesetting and other costs to participants.
C) Provisions for disclosure and due process in setting rates and allocating costs among participants.
D) The methods for entering and terminating agreements with other entities.
E) The rights and responsibilities of program participants, including, but not limited to, consumer protection procedures, credit issues, and shutoff procedures. 129
Item B.
F) Details regarding the termination of the program.
G) A description of the third parties that will be supplying electricity under the program, including, but not limited to, information about financial, technical, and operational capabilities.
H) The methods for ensuring procurement from small, local, and diverse business enterprises in all categories, including but not limited to, renewable energy, energy storage system, and smart grid projects.
Pursuant to Public Utilities Code Section 366.2 (c)(4), a CCA is also to prepare and provide for all of the following:
A) A statement of intent; and
B) Provision(s) that provide for:
1. Universal access;
2. Reliability;
3. Equitable treatment of all classes of customers; and
4. Compliance with any legal requirements concerning aggregated service.
On June 29, 2023, in Decision (D.) 23-06-029, the CPUC adopted new requirements based on resource adequacy program compliance for load serving entities that elect to expand service (collectively, “RA LSE Expansion Requirements”). Because Pioneer Community Energy submitted Amendment No.7 to Pioneer’s JPA - Expansion following the effective date of the RA LSE Expansion Requirements, it is therefore subject to this new rule. Id. at 41.
Having found that Amendment No.7 to Pioneer’s JPA - Expansion complies with other applicable expansion requirements, CPUC staff evaluated the expansion effective date based solely on Pioneer Community Energy’s compliance with the RA LSE Expansion Requirements. Pursuant to this guidance, the CPUC reviewed Pioneer Community Energy’s RA filings. Energy Division staff have determined that Pioneer Community Energy is in compliance with the RA LSE Expansion Requirements and confirms October 1, 2027 as the effective date.
Energy Division staff confirms that Pioneer Community Energy’s Amendment No.7 to Pioneer’s JPA – Expansion contains the information required by Public Utilities Code Section 366.2 (c).
Should there be any modification to the Implementation Plan, including but not limited to the start date, anticipated load, and phase-in schedule, Pioneer Community Energy shall submit an updated Implementation Plan to the Commission in the same manner it submitted the original plan.
Pursuant to P.U. Code Section 366.2 (c)(7), the Commission is required to provide Pioneer Community Energy with “its findings regarding any cost recovery that must be paid by customers of the community choice aggregator to prevent a shifting of costs as provided for in 130
Item B.
P.U. Code Section 366.2 subdivisions (d), (e) and (f).” The costs referenced in P.U. Code Section 366.2 subdivisions (d), (e) and (f) are recovered via separate charges for: (1) Power Charge Indifference Adjustment (per kWh); (2) DWR Bond Charge (per kWh); and (3) Competition Transition Charge (CTC) (per kWh). By this letter, the Commission informs Pioneer Community Energy that these costs are identified on each of PG&E’s customer-class-specific tariff sheets, in the Electric Rates Schedules section.1
Sincerely,
Leuwam Tesfai
Deputy Executive Director for Energy and Climate Policy/ Director, Energy Division
California Public Utilities Commission
cc:
Scott Blaising ([email protected])
Gina Stassi-Vanacore ([email protected]) Jen-Ann Lee ([email protected])
Molly Sterkel ([email protected])
Christine Hammond ([email protected])
Aaron Jacobs-Smith ([email protected])
Dina Mackin ([email protected])
Mary Taylor ([email protected])
CCA Notices ([email protected])
1 PG&E Tariffs under Electric Rate Schedules: Schedule CCA-CRS 131
Item B.
State of California
Secretary of State
FILE NO •• __ 3=--'---=3=---'---
~~
- "".:- --;b.'
FILED
AMENDMENT OF A JOINT POWERS AGREEMENT
Secretary of State
State otCalfornia-.,+
(Government Code section 6503.5)
Instructions:
1. Complete and mail to: Secretary of State, P.O. Box 942870, Sacramento, CA 94277-2870.
2. Include filing fee of $1.00.
3. Do not include attachments.
JUL 07 2025
(Office Use-Only)
4. A copy of the full text of the joint powers agreement and amendments, if any, must be submitted to the State Controller's office. For address information, contact the State Controller's office at www.sco.ca.gov.
Qate of filing initial notice with the Secretary of State:_O_c_t_o_be_r_l'""", _2_0_15 _______________ _ File number of initial notice: 2316
------------------------------ Name of the agency or entity created under the agreement and responsible for the administration of the agreement:
Pioneer Community Energy
Agency's or Entity's Mailing Address: 2510 Warren Drive, Suite B, Rocklin, CA 95677 Title of the agreement: Amended and Restated Joint Exercise of Powers Agreement Complete one or more boxes below. The agreement has been amended to:
✓ Change the parties to the agreement as follows: Add the Counties of Butte, Glenn, Sutter, Nevada, Tuolumne; add the Cities of Chico, Live Oak, Orland, Oroville, Sonora, Willows, Yuba City; and, add the Town of Paradise.
Change the name of the administering agency or entity as follows: ______________ _ Change the purpose of the agreem_e:_nt C>rth~ powers to be exercised as follows: .;..· _____ _;_ ___ _ Change the short title of the agreement as follows: ___________________ _ Make other changes to the agreement as follows: ___________________ _ RETURN ACKNOWLEDGMENT TO: (Type or Pririt}_ 07/07/2025
, Teresa Willock, Board Clerk
NAME I Pioneer Community Energy l
Date
ADDRESS 2510 Warren Drive, Suite B Signature
CITY/STATE/ZIP L Rocklin, CA 95677 J David J. Ruderman, General Counsel Typed Name and Title
SEC/STATE NPSF 404B Rev 04/2015 132
Item B.
383338.2
Pioneer Community Energy
Joint Exercise of Powers Agreement
Effective September 9, 2015
As amended and restated effective February 22, 2017
As amended by Amendment No.1 dated December 27, 2020
As further amended by Amendment No. 2 dated January 21, 2021 As further amended by Amendment No. 3 dated April 15, 2021 As further amended by Amendment No. 4 dated January 20, 2022 As further amended by Amendment No. 5 dated November 17, 2022 As further amended by Amendment No. 6 dated February 27, 2025 As further amended by Amendment No. 7 dated February 27, 2025 Among the Following Parties:
City of Auburn
City of Chico
City of Colfax
City of Grass Valley
City of Lincoln
City of Live Oak
City of Nevada City
City of Orland
City of Oroville
City of Placerville
City of Rocklin
City of Sonora
City of Willows
City of Yuba City
County of Butte
County of El Dorado
County of Glenn
County of Nevada
County of Placer
County of Sutter
County of Tuolumne
Town of Loomis
Town of Paradise
1 133
Item B.
AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT FOR PIONEER COMMUNITY
ENERGY
THIS Amended and Restated Joint Exercise of Powers Agreement (hereafter "Agreement") amends and restates the Joint Exercise of Powers Agreement for the SIERRA VALLEY ENERGY AUTHORITY, originally entered as of September 9, 2015, (the "Original Agreement") which was by and between the COUNTY OF PLACER, and the CITY OF COLFAX, both public entities of the State of California. By this amendment and restatement it becomes a Joint Exercise of Powers Agreement for PIONEER COMMUNITY ENERGY (hereafter "Pioneer") by and among Voting Members (including New Voting Members) and the Associate Members listed in Exhibit A to this Agreement, all public entities of the State of California who become signatories to this Agreement, and relates to the joint exercise of powers among all of the signatories hereto either as Voting Members or Associate Members (hereafter collectively referred to as the "Members").
RECITALS:
383338.2
A. Whereas, each of the Members has a vested interest in the economic wellbeing of its respective jurisdiction and the region as a whole as well as energy efficiency and clean energy growth and development; B. Whereas, the Members desire to enter into this Agreement to provide for local control of energy resources, the adoption of programs to foster economic development, energy efficiency, and resource conservation, and to further define and describe the scope of powers to be exercised by Pioneer; C. Whereas, the Members share various powers under California law, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with property owners to provide financing for the installation of public and private improvements authorized within their jurisdictions;
D. Whereas, the purposes for entering into this restated Agreement include, but are not limited to:
1)
2)
3)
Providing electric power and other forms of energy to customers at a competitive cost;
Promoting long-term electric rate stability and energy security and reliability for residents through local control of electric generation resources and the overall power supply portfolio.
Carrying out programs to reduce energy consumption;
2 134
Item B.
4) Stimulating and sustaining the local economy by developing local jobs in renewable energy; and
5) Reducing greenhouse gas emissions related to the use of electric power and other forms of energy in Placer County and neighboring regions;
E. Whereas, it is the intent of this Agreement to promote the development and use of a wide range of energy sources and energy efficiency programs, including but not limited to hydroelectric, biomass, landfill gas, conversion of waste-to-energy, solar, and wind energy production;
F. Whereas, Pacific Gas and Electric and Liberty Energy are the investor owned providers of retail electric service throughout the Voting Member jurisdictions and a Community Choice Aggregator is authorized to aggregate electrical load served by such investor owned providers within its members' jurisdiction. Each of the Voting Members must adopt an ordinance electing to implement through Pioneer a common Community Choice Aggregation pursuant to California Public Utilities Code Sections 331.1 (b) and 366.2(12)(A).
NOW THEREFORE, in consideration of the mutual promises, covenants and conditions herein, the Members hereto agree to establish a joint powers authority as follows:
Section 1. Authority for this Joint Exercise of Powers Agreement This Agreement is made pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California ( commencing with Section 6500) relating to the joint exercise of power common to the counties and public agencies and other powers specified therein (hereinafter the "Act"). Under Sections 6505 and 6507 of the Act, Pioneer is a public agency separate from its Members. As provided by Section 6508.1 of the Act, and Section 12 hereof the debts, liabilities or obligations of Pioneer shall not be the debts, liabilities or obligations of the individual Members, unless the governing body of a Member agrees in writing to assume any of those debts, liabilities or obligations.
The Members are each empowered by the laws of the State of California to exercise, in their respective jurisdictions, the powers set forth herein, including but not limited to the power to aggregate electric load, to purchase and supply electricity for themselves and customers within their jurisdictions, and the power to enter into voluntary contractual assessments with properties owners for authorized improvements within their jurisdictions.
Section 2. Purpose of Agreement
The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to the Members and other powers granted to Pioneer under the Act, to study, promote, develop, conduct, operate, and manage energy, energy efficiency and conservation, and other energy-related programs, to exercise all other powers necessary and incidental to accomplishing these purposes, and to provide a Community Choice 383338.2 3
135
Item B.
Aggregation (hereinafter "CCA") Program, pursuant to California Public Utilities Code Sections 331.1 and 366.2, and as further described in Section 10.
Without limiting the generality of the foregoing, the Members also intend for this Agreement to be used as a mechanism by which Voting Members and non-voting Associate Members may authorize Pioneer to provide Property Assessed Clean Energy ("PACE") Programs pursuant to Chapter 29 of the Improvement Bond Act of 1911, Division 7 of the California Streets and Highways Code ("Chapter 29"). Pioneer may provide PACE Programs pursuant to Chapter 29 within the boundaries of each Voting Member as set forth in Section 1 0(C) herein, and within the boundaries of each non-voting Associate Member as set forth in Sections 16 herein. The Members intend that other agreements with Associate Members shall define the terms and conditions associated with the implementation of the CCA Program, the PACE Program, and any other energy programs approved by Pioneer within the territorial jurisdiction of such Associate Members.
Section 3. Effective Date and Term
This Agreement shall be effective as an amendment and restatement of the Original Agreement, and Pioneer shall continue to exist as a separate public agency under the terms of this Agreement upon execution by the County of Placer and the City of Colfax. This Agreement shall be in full force and effect until terminated in the manner herein provided, subject to the rights of the Members to withdraw from Pioneer.
Section 4. Powers
Pioneer shall have all powers common to the Members, and such additional powers accorded to it by law, including the power to develop and implement comprehensive energy and resource development and conservation programs, as described herein. Unless state or federal law provides otherwise, any facilities, buildings or structures located, constructed, or caused to be constructed by Pioneer within the territory of Pioneer shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed and comply with the California Environmental Quality Act (CEQA). As required by Government Code Section 6509, the power of Pioneer is subject to the restrictions upon the manner of exercising power possessed by the City of Colfax.
Pioneer is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section SC and Section 8:
383338.2
A.
B.
C.
to make and enter into contracts;
to employ agents and employees, including but not limited to an Chief Executive Officer;
to acquire, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements;
4 136
Item B.
383338.2
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property; to lease any property;
to sue and be sued in its own name;
to incur debts, liabilities, obligations and to issue bonds, and to make and enter into agreements and other documents of any nature whatsoever as may be necessary or convenient in the exercise of the powers provided under the Marks- Roos Local Bond Pooling Act of 1985, as amended, and other provisions of California law that authorize public agencies to issue bonds and incur indebtedness, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et. seq.;
to form subsidiary or independent corporations or entities, if necessary to carry out energy supply and energy conservation programs and to take advantage of legislative or regulatory changes;
to deposit its money pursuant to Section 6505.5 of the Act and to invest its money which is not required for the immediate use of Pioneer, as Pioneer determines is advisable in the same manner and upon the same conditions as local agencies, pursuant to Section 53635 of the California Government Code;
to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency;
to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
to adopt rules, regulations, policies, bylaws and procedures governing the operation of Pioneer ("Operating Rules and Regulations"); to establish and operate a CCA program, and make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program, including the acquisition of electric power supply and the provision of retail and regulatory support services;
to establish and operate one or more PACE programs pursuant to Chapter 29, and to enter into one or more agreements, including without limitation, participation agreements, implementation agreements and joint powers agreements and amendments thereto to fulfill such programs both within and outside the jurisdictional boundaries of Pioneer;
5 137
Item B.
0. P.
Section 5.
A.
383338.2
to establish a non-voting "Associate Member" status that provides membership in Pioneer to jurisdictions that are outside jurisdictional boundaries of Pioneer's Voting Members, but within whose boundaries a PACE, CCA, or other energy program is established and implemented by Pioneer on behalf of the Associate Member. Said jurisdictions shall adopt one or more agreements (a "PACE Agreement", "CCA Agreement", or other energy program agreement, as applicable) on terms and conditions established by Pioneer. The rights of Associate Members shall be limited solely to those terms and conditions expressly set forth in the PACE Agreement, CCA Agreement or other energy program agreement for the purposes of implementing the PACE Program, CCA Program or other energy program, respectively, within the jurisdictional boundaries of the Associate Member. Except as expressly provided for by the PACE Agreement, CCA Agreement or other energy program agreement, Associate Members shall not have any rights otherwise granted to Pioneer Members by this Agreement, including but not limited to the right to vote, the right to amend this Agreement and the right to sit on committees or boards established under this Agreement;
to execute agreements for the purpose of authorizing Pioneer to implement, manage and administer area-wide and regional programs in the interest of providing energy supply, development of energy generation, energy efficiency, resource conservation, local public welfare and other economically related energy programs. The costs incurred by Pioneer in implementing a program, including indirect costs, shall be costs of Pioneer and shall not be assessed to the Members, unless approved by the Governing Body of the Member.
Governance and Internal Organization
Governing Board. The governing body of Pioneer shall consist of two (2) members of the Placer County Board of Supervisors, and one (1) member each for all other Voting Members, appointed respectively by each Voting Member that is or becomes a signatory to this Agreement ("Board Member"). The total number of Board Members shall equal the total number of Voting Members listed in Exhibit A plus one (1).
The Boards of Supervisors, City Councils and Town Councils of the Voting Members listed in Exhibit A shall respectively appoint such member(s) set out above and not less than one alternate member per Board Member. The term of office of each Board Member and respective alternate may be terminated at any time by the appointing Board of Supervisors, City Council or Town Council. The designated alternate shall have authority to attend, participate, and vote at any meeting of the Board whenever the regular member, for whom they are designated to act as an alternate, is absent from the meeting.
6 138
Item B.
B.
C.
D.
E.
F.
G.
H.
Section 6.
A.
383338.2
Quorum. The majority of the members of the Board shall constitute a quorum. No action may be taken by the Board unless a quorum is present, except that less than a quorum may adjourn a meeting from time to time.
Powers and Function of Board. The Board will exercise governance, policy guidance and oversight over the business and activities of Pioneer, consistent with this Agreement and applicable law. Unless otherwise specified in Section 8, action by Pioneer Board will be taken by majority vote of the Board Members present.
Chairperson. The Chairperson and Vice Chairperson of the Board shall be selected by the Board from its members. The term of office of the Chairperson and Vice Chairperson shall each be one calendar year.
Secretary. The Board shall appoint a Secretary to the Board who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of Pioneer.
Meetings. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, Division 2, Chapter 9 of the California Government Code (hereafter, the "Brown Act"). The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law.
Bylaws. The Board shall adopt bylaws for the conduct of business that shall not be inconsistent with the provisions of this Agreement, and the laws of the State of California.
Board Member Compensation. Board Members shall serve without compensation from Pioneer. However, Board Members may be compensated by their respective appointing authorities. The Board, however, may adopt by resolution a policy relating to the reimbursement by Pioneer of expenses incurred by Board Members.
Chief Executive Officer and Other Staff
Chief Executive Officer. The Board shall appoint a Chief Executive Officer for Pioneer, who shall be responsible for the day-to-clay operation and management of Pioneer. The Chief Executive Officer may exercise all powers of Pioneer, except the powers specifically set forth in Section 4, or those powers that by law must be exercised by the Board. The Chief 7 139
Item B.
B.
C.
D.
E.
Section 7.
Executive Officer shall hire and supervise any Pioneer employees or consultants.
Chief Executive Officer Reports to the Board. The Chief Executive Officer shall prepare, no later than the 20th day of each first month of each fiscal quarter, a report to the Board on the operations of Pioneer during the preceding fiscal quarter. The Bylaws shall specify the information to be included in the Chief Executive Officer's reports.
Services Providers. The Chief Executive Officer may appoint one or more services providers to serve as Pioneer's agent(s) for planning, implementing, operating and administering the PACE Program, the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between Pioneer and the appointed administrative services provider or providers (a "Services Agreement"). The appointed services provider may be one of the Voting Members. A Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the PACE Program, the CCA Program and other approved programs. The Services Agreement shall set forth the term of the Agreement and the circumstances under which the Services Agreement may be terminated by Pioneer. This section shall not in any way be construed to limit the discretion of Pioneer to hire its own employees to administer the PACE Program, the CCA Program or any other program.
Independent Monitor. The Board may appoint or contract for the services of an independent monitor to review programs operated by Pioneer and to report to the Board.
Advisory Commissions, Boards or Committees. The Board may establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement which shall comply with the requirements of the Brown Act. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees.
Treasurer and Auditor-Controller
The Governing Board shall appoint a Treasurer for Pioneer. The Treasurer shall be the depository of Pioneer and shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The duties and obligations of the Treasurer are further specified in Section 9. The Governing Body shall appoint an Auditor-Controller for Pioneer in compliance with the Act. The Auditor-Controller of Pioneer shall make or contract with a certified public accountant to cause an annual audit in compliance with Section 6506 of the Act. Pioneer of the Board to appoint a Treasurer and Auditor/Controller shall include 383338.2 8
140
Item B.
Pioneer to combine both offices to be held by one officer or employee pursuant to section 6505.6 of the Act.
Section 8.
A.
B.
C.
Section 9.
A.
B.
C.
383338.2
Special Voting Requirements and Voting Shares
Involuntary Termination or Amendment. Action of the Board on matters set forth in Section 15A (involuntary termination of a Member), or Section 19 ( amendment of this Agreement) shall require the affirmative vote of at least two-thirds of the Board Members; provided, however, that for votes to involuntarily terminate a Member under Section 15A, the Board Member(s) for the Member subject to involuntary termination may not vote, and the number of Board Members constituting two-thirds of all Board Members shall be recalculated as if the Voting Member subject to possible termination were not a Voting Member.
Eminent Domain. A decision to exercise the power of eminent domain on behalf of Pioneer to acquire any property interest other than an easement, right-of-way, or temporary construction easement shall require a vote of at least two-thirds of all Board Members.
Contributions by Members. The imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in the PACE Program, the CCA Program, or other energy programs shall require a vote of at least two-thirds of all Board Members and the approval of the governing boards of the Members and Associate Members who are being asked to make such contribution or pledge.
Financial Provisions
Fiscal Year. For the purposes of this Agreement, Pioneer shall have such fiscal year from July 1 to and including the following June 30.
Depository. All funds of Pioneer shall be held in separate accounts in the name of Pioneer and not commingled with funds of any Member or any other person or entity. All funds of Pioneer shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of Pioneer shall be open to inspection by the Members at all reasonable times. The Board shall contract with a certified public accountant to make an annual audit of the accounts and records of Pioneer, which shall be conducted in accordance with the requirements of Section 6505 of the Act.
Expenditures. All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means 9 141
Item B.
for claims or disbursements not within an applicable budget only upon the prior approval of the Board.
D. Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Pioneer Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of Pioneer shall be approved by the Board in accordance with the Operating Rules and Regulations.
E. Funding of Initial Costs. The County of Placer funded certain activities necessary to implement the CCA Program. These costs have been repaid in full.
F. CCA Program Costs. The Members desire that all costs incurred by Pioneer that are directly or indirectly attributable to the provision of electric, conservation, efficiency, incentives, financing, or other services provided under the CCA Program, including but limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through charges to CCA customers receiving such electric services, or from revenues from grants or other third-party sources.
Section 10. Implementation Action and Pioneer Documents A. Each Member shall adopt an ordinance in accordance with Public Utilities Code Section 366.2( c )(12) for the purpose of specifying that the Member intends to implement a CCA Program by and through its participation in Pioneer.
B. Each Member that wishes to participate in the CCA Program shall adopt a resolution expressing its desire to become a Member to this Agreement, and its intention to have the territory of the Member's jurisdiction included in the service territory of the CCA.
C. Each New Voting Member that wishes to participate in the PACE Program shall adopt a resolution authorizing it to become a Voting Member under this Agreement. Execution by such New Voting Member of this Agreement shall constitute consent to Pioneer undertaking contractual assessment proceedings under Chapter 29 for all of the properties in such New Voting Member's incorporated area and to the contractual assessment financing of certain improvements ( as enumerated from time to time in Chapter 29, "Improvements") by Pioneer, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to Pioneer's PACE Program, and to the assumption of jurisdiction thereover by Pioneer for the purposes thereof. Execution by such New Voting Member of this Agreement shall also serve to authorize Pioneer to take each step required for it to provide contractual assessment financing 383338.2 10
142
Item B.
383338.2
for the Improvements, including the levying, collecting and enforcement of contractual assessments to finance the Improvements and the issuance and enforcement of bonds and other financing instruments to represent and be secured by such contractual assessments. The New Voting Members shall not be required to adopt a PACE Agreement and shall not be subject to the rights and obligations set forth therein, but shall instead, upon becoming Voting Members hereunder, be subject to the rights and obligations expressly set forth herein.
Pioneer may additionally provide PACE Programs pursuant to Chapter 29 within the boundaries of non-voting Associate Members, as described further in Section 16 herein.
D. Implementation Plan and Statement of Intent. Pioneer shall cause to be prepared an Implementation Plan and Statement of Intent meeting the requirements of California Public Utilities Code Section 366.2 and any applicable California Public Utilities Commission regulations. The Implementation Plan and Statement of Intent shall specify the service territory of the CCA to be within the boundaries of the Member jurisdictions that have taken the actions specified in A and B above. The Implementation Plan and Statement of Intent shall not be filed with the California Public Utilities Commission until it is approved by the Board in the manner provided by Section 5.
E.
F.
If a City or County adopts an ordinance and resolution pursuant to A and B above, expressing its desire to become a Member to this Agreement subsequent to the filing of the then most recently filed Implementation Plan and Statement of Intent, the Board shall direct the preparation and filing of a new or amended Implementation Plan and Statement of Intent to include the territory of the County or City as soon as reasonably practicable. The Board may require the County or City to pay the cost of preparation and submission of the Implementation Plan and Statement of Intent. Upon California Public Utilities Commission certification of the new or amended Implementation Plan and Statement oflntent, the Board shall take action to approve membership of the County or City. The County or City shall then be entitled to all rights under this Agreement, including a seat on the Board and voting rights pursuant to Section 5.A and Section 8.
Termination of CCA and PACE Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of Pioneer to terminate the implementation or operation of the CCA or the PACE Program at any time in accordance with any applicable requirements of state law.
Pioneer Documents. The Members acknowledge and agree that the affairs of Pioneer will be implemented through various documents duly adopted by the Board through Board resolution. The Members agree to abide by and comply with the terms and conditions of all such documents that may be adopted by 11 143
Item B.
the Board, subject to the Members' right to withdraw from Pioneer as described in Section 14.
Section 11. Records and Reports
The Board shall establish reporting requirements and direct staff to maintain such reports, including, but not limited to, funds and accounts as may be required by good accounting practice or by law. All books and records of Pioneer shall be open to inspection at all reasonable times by any Member to this Agreement or its representatives. Annual audits of Pioneer's accounts and records shall be made by an independent CPA firm, and reports shall be filed in the manner provided in Section 6505 of the California Government Code.
Section 12. Debts, Liabilities and Obligations
Pioneer is a public agency separate from the Members. Pursuant to Sections 6508.l of the Act, the debts, liabilities or obligations of Pioneer shall not be debts, liabilities or obligations of the individual Members unless the governing board of a Member agrees in writing to assume any of the debts, liabilities or obligations of Pioneer. A Member who has not agreed to assume a Pioneer debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Members agree to assume the debt, liability or obligation of Pioneer. Should any debt, liability or obligation of Pioneer not be waived or allowed payable through assets of Pioneer, none of the County or City members shall be liable, except as provided by Government Code sections 895 through 895.8.
Section 13. Insurance and Indemnity
Pioneer shall acquire and maintain such insurance coverage as is necessary to protect the interests of Pioneer, the Members, and the public. The insurance shall also contain a written endorsement to such policy or policies, which names each of the Voting Members as additional insureds. Pioneer shall defend, indemnify, and hold harmless the Members, and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries, and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of Pioneer under this Agreement.
Section 14. Withdrawal
A.
B.
383338.2
Right to Withdraw by Voting Member. A Voting Member may withdraw its participation in the CCA Program, effective as of the beginning of Pioneer's fiscal year, by giving no less than 12 months advance written notice of its election to do so, which notice shall be given to Pioneer and each Voting Member. Withdrawal of a Voting Member shall require an affirmative vote of its governing board.
Right to Withdraw By Voting Member After Amendment. Notwithstanding Section 14A, a Voting Member may withdraw its membership in Pioneer following an amendment to this Agreement adopted by the Board which the 12 144
Item B.
Board Member appointed as the representative of a Voting Member voted against provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Member shall require an affirmative vote of its governing board and shall not be subject to the twelve month advance notice provided in Section 14A. In the event of such withdrawal, the Member shall be subject to the provisions of Section 15B.
C. Continuing Liability; Further Assurances. A Voting Member that withdraws its participation in the CCA Program may be subject to certain continuing liabilities, as described in Section 15B. The withdrawing Voting Member and Pioneer shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Voting Member from participation in the CCA Program.
D. Withdrawal of Associate Member. The rights of an Associate Member to withdraw from Pioneer shall be governed by the applicable PACE Agreement or CCC Agreement.
Section 15. Termination
A. Involuntary Termination of a Member. Participation of a Member in the CCA program may be terminated for material non-compliance with provisions of this Agreement or any other agreement relating to the Member's participation in the CCA Program upon a vote of Board Members as provided in Section 8A. Prior to any vote to terminate participation with respect to a Member, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Member whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement that the Member has allegedly violated. The Member subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Member that has had its participation in the CCA Program terminated may be subject to certain continuing liabilities, as described in Section 15B.
B. Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Member, the Member shall remain responsible for any claims, demands, damages, or liabilities arising from the Member's membership or participation in the CCA Program through the date of its withdrawal or involuntary termination, it being agreed that the Member shall not be responsible for any liabilities arising after the date of the Member's withdrawal or involuntary termination. Claims, demands, damages, or liabilities for which a withdrawing or terminated Member may remain liable include, but are not limited to, losses from the resale of power contracted for by Pioneer to serve the Member's load. With respect to such liability, upon 383338.2 13
145
Item B.
383338.2
notice by an Member that it wishes to withdraw from the program, Pioneer shall notify the Member of the minimum waiting period under which the Member would have no costs for withdrawal if the Member agrees to stay in the CCA Program for such period. The waiting period will be set to the minimum duration such that there are no costs transferred to remaining ratepayers. If the Member elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining ratepayers, and may not include punitive charges that exceed actual costs. In addition, such Member also shall be responsible for any costs or obligations associated with the Member's participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Member. Pioneer may withhold funds otherwise owing to the Member or may require the Member to deposit sufficient funds with Pioneer, as reasonably determined by Pioneer and approved by a vote of the Board, to cover the Member's liability for the costs described above. Any amount of the Member's funds held on deposit with Pioneer above amounts not required to pay any liabilities or obligations shall be returned to the Member. The liability of any Member under this section 15B is subject and subordinate to the provisions of Section 12, and nothing in this section 15B shall reduce, impair, or eliminate any immunity from liability provided by Section 12.
C. Mutual Termination. This Agreement may be terminated by mutual agreement of all the Voting Members; provided, however, the foregoing D.
shall not be constrned as limiting the rights of a Voting Member to withdraw its participation in the CCA Program, as described in Section 14A.
Disposition of Property upon Termination of Pioneer. Upon termination of this Agreement, any surplus money or assets in possession of Pioneer for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Voting Members in proportion to the contributions made by each. If no such contributions have been made, then such surplus after payment of all liabilities, costs, expenses, and charges shall be distributed to each Voting Member based on Annual Energy Use Divided by Total Annual Energy, multiplied by 100. "Annual Energy Use" means the annual electricity usage, expressed in kilowatt hours ("kWh") within the Voting Member's respective jurisdiction, and "Total Annual Energy" means the sum of all the Members Annual Energy Use. All measures of kilowatt hours shall be set using the electric load forecast upon which the current annual budget was based. If a Member has more than one Board Member, the distribution will be made pursuant to the above calculation as it relates to the respective jurisdiction.
Negotiations with Associate Members. If the Voting Members wish to terminate this Agreement, or if the Voting Members elect to withdraw from 14 146
Item B.
the CCA Program following an amendment to this Agreement as provided in Section 14B, but two or more Associate Members wish to continue to participate in the CCA Program, the Voting Members will negotiate in good faith with such Associate Members to allow the Associate Members to become the Voting Members to this Agreement or to effect a transfer of CCA Program operations to another entity.
Section 16. Associate Members
A. With the approval of the Board, any qualified public agency (as defined by Section 6500 of the JP A law) may become a non-voting Associate Member of this Agreement for purposes of participating in the CCA Program. A public agency requesting such membership may apply by presenting to Pioneer a resolution of the public agency approving of this form of participation.
B. Any qualified public agency (as defined by Section 6500 of the JPA law) may become a non-voting Associate Member of this Agreement for purposes of participating in the PACE Program upon (i) such qualified public agency (a) adopting a resolution expressing its desire to become a non-voting Associate Member to this Agreement and authorizing the implementation of a PACE Program within the boundaries of its jurisdiction and (b) executing a PACE Agreement and (ii) the Board approving the qualified public agency as a non- voting Associate Member.
C. The date and terms upon which the applying public agency will become a non- voting Associate Member will be determined by the Board and set forth in a CCA Agreement or PACE Agreement, as applicable.
Section 17. Termination of Powers
Pioneer shall continue to exercise the powers herein conferred upon it until termination of this Agreement, and thereafter shall continue to exercise only such powers as to enable it to pay and discharge all costs, expenses, and charges legally incurred hereunder, and to dispose of, divide and distribute any property required as a result of the joint exercise of such powers.
Section 18. Disposition of Assets; Property and Money
Upon termination of this Agreement under Section 15, all costs, expenses, and charges legally incurred by Pioneer shall be paid and discharged; and Pioneer shall sell such property as may be necessary and shall distribute to the federal or State government such property and funds as are lawfully required; the balance of such property and any surplus money on hand shall be distributed or returned in proportion to contributions made by the affected Members except to the extent otherwise agreed upon by the affected Members. 383338.2 15
147
Item B.
Section 19. Amendments
This Agreement may only be amended by a written amendment approved by a vote of Board Members as provided in Section 8. Pioneer shall provide written notice to all Members of amendments to this Agreement at least 30 days prior to the date upon which the proposed amendment is being considered by the Board. If the proposed amendment is adopted by the Board, Pioneer shall provide prompt written notice to all Members of the effective date of such amendment along with a copy of the amendment.
Section 20. Severability
Should any part, term or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining p01iions of provisions shall not be affected thereby.
Section 21. Entire Agreement
This Agreement contains the entire agreement between the Members and supersedes all prior understanding between them with respect to the subject matter of this Agreement.
There are no promises, terms, conditions or obligations, oral or written, between or among the Members relating to the subject matter of this Agreement that are not fully expressed in this Agreement. This Agreement may not be modified, changed, supplemented or terminated, nor may any obligation under this Agreement be waived, except as provided in Section 19.
Section 22. Counterparts and Effective Date
This Agreement may be executed in counterparts and be as valid and binding as if each Member signed the same copy. A faxed copy of the executed signature page shall be sufficient to cause the terms of this Agreement to become fully operative. The effective date of the Agreement shall be the date the second member has executed the Agreement. 383338.2
WITNESS THE AGREEMENT HEREOF the date set opposite our respective entities:
[Signatures on following page J
16 148
Item B.
EXECUTED ON
/ \
\
CITY OF AUBURN, a Municipal Corporation
And approved as to form £hi~!'Gf'.
Gary B 11, City ½.ttorney
ATTEST:
SIGNATURES CONTINUED ON NEXT PAGE
149
Item B.
CITY OF CHICO, a Municipal Corporation
EXECUTED ON
Title:
Mark Sorensen
City Manager
City gfChi,g, CA
SIGNATURES CONTINUED ON NEXT PAGE
150
Item B.
EXECUTED ON
CITY OF COLFAX, a Municipal Corporation
And approved as to form ~ .
ATTEST:
By t ·h-----··
City Manager, Wes Heathcock µ,a tc-yUt,¢eg_,, . '-/3a~t.J, 0 (J
SIGNATURES CONTINUED ON NEXT PAGE ,
151
Item B.
EXECUTED ON
CITY OF GRASS VALLEY, a Municipal
Corporation
And approved as to form Jy.::1--~ /2--'-v.:><5Vt.-----
SIGNATURES CONTINUED ON NEXT PAGE
152
Item B.
CITY OF LINCOLN, a Municipal Corporation
EXECUTED ON
And approved as to fi
By
~ ATTEST:
ayor., tty Council ~ ~
SIGNATURES CONTINUED ON NEXT PAGE
153
Item B.
CITY OF LIVE OAK, a Municipal Corporation
EXECUTED ON
Date: __ ~__,_/4_::J -"- ' -/ =-!)..,;;;;; S ___ _
----r-::/~----- By: - ---t....L..__,,..___r _- ______ _ Title: - ~ ....... )-~'-+---'N)............., lA,V)......_l~~ ,-..;;. '-Of",._____
SIGNATURES CONTINUED ON NEXT PAGE
154
Item B.
EXECUTED ON
SIGNATURES CONTINUED ON NEXT PAGE
155
Item B.
CITY OF ORLAND, a Municipal Corporation
EXECUTED ON
Date: June 23, 2025
Title: Interim City Manager
SIGNATURES CONTINUED ON NEXT PAGE
156
Item B.
CITY OF OROVILLE, a Municipal Corporation
EXECUTED ON
By: /--).~~~__w;.--1,1.-""'~:......;_--
Title: _ _ _t//t~y-~ -~--
SIGNATURES CONTINUED ON NEXT PAGE
157
Item B.
CITY OF PLACERVILLE, a Municipal
EXECUTED ON Corporation
~ I\ OM ~IL=--:
And approved as to form --~ -\ ___ _
SIGNATURES CONTINUED ON NEXT PAGE
158
Item B.
CITY OF ROCKLIN, a Municipal~Corporation
EXECUTED ON
~~ Mayor, City Council
H.Nna-M-F\urburn, City Clerk
SIGNATURES CONTINUED ON NEXT PAGE
159
Item B.
CITY OF SONORA, a Municipal Corporation
EXECUTED ON:
:::·~
Melissa Eads
Title: City Administrator
And approved as to fonn f ( _ \. ;~
fo /2-~glas L. White, City Attorney
ATTEST: ~C<~
Tracy Sk~ City Clerk
SIGNATURES CONTINUED ON NEXT PAGE
160
Item B.
CITY OF WILLOWS, a Municipal Corporation
EXECUTED ON I I
Date: (.p_ (tJ 2,-S
By1f2~'~
Title: c~ rvk~Q~
SIGNATURES CONTINUED ON NEXT PAGE
161
Item B.
CITY OF YUBA CITY, a Municipal Corporation
EXECUTED ON
Date: - ----:=---'"'""'-1.---;;;;,.,_; .......... ------
SIGNATURES CONTINUED ON NEXT PAGE
162
Item B.
COUNTY OF BUTTE, a Political Subdivision
EXECUTED ON
Date: U2 \ 0 \-z._,~
SIGNATURES CONTINUED ON NEXT PAGE
400344.1 163
Item B.
COUNTY OF EL DORADO, a political
EXECUTED ON subdivision .
By & / k
Chairman, Board of Supervisors
lU/ 2(' 1c-r'7 And approved as to form ______ 1
_ ,1,L,,.-,
SIGNATURES CONTINUED ON NEXT PAGE
164
Item B.
COUNTY OF GLENN, a Political Subdivision
EXECUTED ON
Date: --~- --'_7_-_J.- _ S-___ _
Title: vr:c..e C JI,. A-Cu...
SIGNATURES CONTINUED ON NEXT PAGE
165
Item B.
COUNTY OF NEVADA, a Political Subdivision
EXECUTED ON
Date: G/ / J /Z:5
By: {f;Jk!vrn:wr
Title: {Jf_,R)
SIGNATURES CONTINUED ON NEXT PAGE
166
Item B.
EXECUTED ON
COUNTY OF PLACER. a political
subdivision
And approved as to form ______ _
SIGNATURES CONTINUED ON NEXT PAGE
167
Item B.
COUNTY OF SUTTER, a Political Subdivision
EXECUTED ON
Title: _ -.::.. ci.:::::;_""C: _;.a:. #0..::..:.:.. t ~ _.;;..___:. __ _ Approved as to Form
County Counsel
Sutter County, California
By kl" W ,,/y
SIGNATURES CONTINUED ON NEXT PAGE
168
Item B.
COUNTY OF TUOLUMNE, a Political Subdivision
EXECUTED ON
Date: ,, Q ,3} 2~
By:~~
Title: Aeh y\~ MO
SIGNATURES CONTINUED ON NEXT PAGE
169
Item B.
TOWN OF LOOMIS, a Municipal Corporation And
EXECUTED ON:
October 11, 2022 apr ed as to form /,J' r, -
~iZ:-P,/U
Town Manager
/
Deputy Town Clerk
170
Item B.
TOWN OF PARADISE, a Municipal Corporation
EXECUTED ON
Date: -----1--L-;;.J-,ji<X-J!=,.L---
Title:
171
Item B.
Exhibit A
Voting Members and Associate Members
Section A.1 Voting Members
City of Auburn
City of Chico
City of Colfax
City of Grass Valley
City of Lincoln
City of Live Oak
City of Nevada City
City of Orland
City of Oroville
City of Placerville
City of Rocklin
City of Sonora
City of Willows
City of Yuba City
County of Butte
County of El Dorado
County of Glenn
County of Nevada
County of Placer
County of Sutter
County of Tuolumne
Town of Loomis
Town of Paradise
Section A.2 Associate Members
City of Folsom
383338.2
County of Sacramento
Town of Truckee
172
Item B.