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, October 06, 2025
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on October 6, 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. Conference with Labor Negotiators (Gov. Code Section § 54957.6): Agency Designated Representatives:
Melissa Eads, City Administrator; Chris Gorsky, Administrative Services Director; Employee Organization: Sonora Police Officers' Association (SPOA).
B. Threat to Public Services or Facilities (Gov. Code, § 54957): Consultation with: Douglas L. White, City Attorney; Melissa Eads, City Administrator; and Turu VanderWiel, Chief of Police.
C. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to (Gov. Code, § 54956.9(d)(2)): One (1) Potential Matter: Doug White, City Attorney; Melissa Eads, City Administrator.
D. Conference with Legal Counsel - Anticipated Litigation - Significant Exposure to Litigation Pursuant to Paragrah (2) of Subdivision (d) of Section 54956.9: 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. 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
12. PRESENTATIONS
A. Receive an Update from Tuolumne County District 1 Supervisor Mike Holland; Melissa Eads, City Administrator.
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 Meeting Minutes from August 18, 2025, and September 2, 2025; Stacy Del Razo, Deputy City Clerk.
B. Consider Adoption of Resolution No. 10-06-2025-A Approving Side Letters to the Memorandum of Understanding (MOUs) with the Sonora Employees Association (SEA) and the Sonora Police Officers Association (SPOA) to Comply with California Code of Regulations (CCR) sections 571 and 571.1, and Resolution No. 10-06-2025-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/City Clerk.
C. Authorize Placement of a Proclamation Condemning Violence and Promoting Respectful Dialogue to the October 20, 2025, City Council Agenda; Stephen Opie, Councilmember.
14. PUBLIC HEARINGS
A. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 909 of the Sonora City Council Clarifying Ordinance No. 905; Repealing Chapter 8.30, Emergency Services; and Repealing and Replacing Chapter 2.28, Emergency Services (Reserved) of the Sonora Municipal Code; Doug White, City Attorney, Tracy Skelly, City Clerk.
B. Waive First Reading, Read by Title Only, and Introduce an Ordinance No. 910 of the Sonora City Council Repealing and Replacing Section 8.40.010, Fire Hazard Severity Zones, of Section 8.40, Fire Hazard Severity Zones, of Title 8, Health and Safety, of the Sonora Municipal Code to Align with Ordinance No. 906; Doug White, City Attorney, Tracy Skelly, City Clerk.
C. Consider Recommendation to Formally Dissolve Four (4) City Commissions/Committees; Josh Varinsky, City Attorney, Melissa Eads, City Administrator.
1. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 911 of the Sonora City Council Amending Chapter 12.20, Shade Trees and Shrubs, of Title 12, Streets and Sidewalks, of the Sonora Municipal Code to Dissolve the City Tree and Landscaping Board. 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
2. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 912 of the Sonora City Council Amending Sections 2.36.040, Management and Supervision, 2.36.060, Superintendent – Purchases; City Council Approval, and 2.36.130, Grave Markers – Requirements, of Chapter 2.36, Cemeteries, Of Title 2, Administration and Personnel, of the Sonora Municipal Code to Dissolve the Cemetery Committee.
3. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 913 of the Sonora City Council Repealing Chapter 10.24, Parking and Traffic Commission, of Title 10, Vehicles and Traffic, of the Sonora Municipal Code to Dissolve the Parking and Traffic Commission.
4. Adopt Resolution 10-06-2025-C Dissolving the Parks, Recreation, and Beautification Committee.
5. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 914 of the Sonora City Council Amending Sections 17.33.050 Administration, and 17.33.030, Land Use Plan, of Chapter 17.33, Commercial Specific Plan, of Title 17, Zoning, of the Sonora Municipal Code.
15. UNFINISHED BUSINESS
A. Consider Approval of the Solid Waste Franchise Agreement to California Waste Recovery Systems, LLC (Cal-Waste) for Subscription-Based Solid Waste, Recycling, and Green Waste Collection and Management Services; Carlye Buchholz, P.E., P.L.S., City Engineer
B. Receive a Presentation on the Gold Rush Path Phase 1 Project Progress Update; Mike Pugh, City Engineer.
16. NEW BUSINESS
A. Consider Approval of $55,528 for the Repair of the Known Storm Drain Between 191 Elk Drive and 207 Elk Drive Utilizing on On-Call Contractor Njirich and Sons, with the Ability to Authorize Additional Funds to Replace Unidentified Damage, as Necessary. Carlye Buchholz, City Engineer.
B. Receive a Presentation on Three (3) Potential Grant Opportunities for the City of Sonora: an Evacuation Route Improvement Plan, the Sonora Creek Restoration and Parking Lot Removal & Replacement Plan, and the Downtown Walkability Plan, with Direction to Support Grant Writing Efforts, Including a Budget Amendment and Task Order in the Amount of $75,000. Rebecca Neilon, Grant Writer and Funding Specialist.
17. COUNCIL MEMBER REPORTS
18. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall (209) 532-4541, [email protected]. Notification 48 hours prior to the 4 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
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.
5 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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Melissa Eads, City Administrator
SUBJECT: Receive an Update from Tuolumne County District 1 Supervisor Mike Holland.
RECOMMENDATION:
Receive an Update from Tuolumne County District 1 Supervisor Mike Holland.
DISCUSSION / ANALYSIS:
District 1 Supervisor Mike Holland will Present to the City Council an Update on County-wide Issues at the First Meeting of Each Month.
FISCAL IMPACT:
No Fiscal Impact to the General Fund.
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan, Homelessness Issues 6 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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Stacy Enos-Del Razo, Deputy City Clerk
SUBJECT: Meeting Minutes from August 18, 2025, and September 2, 2025.
RECOMMENDATION:
Consider Approval of the Meeting Minutes from August 18, 2025, and September 2, 2025.
DICUSSION / ANALYSIS:
Staff Recommends that the City Council Approve the Meeting Minutes from August 18, 2025, and September 2, 2025.
FISCAL IMPACT:
No Fiscal Impact to the General Fund.
ATTACHMENTS:
Meeting Minutes from August 18, 2025, and September 2, 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
7 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, August 18, 2025
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on August 18, 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
___________________________________________________________________________________________ 8 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 - 4:00 PM
CALL TO ORDER
Called to order at 4:01 PM.
ROLL CALL
PRESENT
Mayor Ann Segerstrom
Vice Mayor Andy Merrill
Councilmember Bess Levine
Councilmember Stephen Opie
Councilmember Mark Plummer
PUBLIC COMMENTS
No public comment.
ADJOURN INTO CLOSED SESSION
1. 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.
2. Public Employee Appointment (Government Code Section §54957(b)(1).) Title: Fire Chief. Doug White, City Attorney, Chris Gorsky, Assistant City Administrator, Melissa Eads, City Administrator.
3. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Gov.
Code, § 54956.9(d)(2): One (1) Potential Matter; Doug White, City Attorney, Melissa Eads, City Administrator.
4. Conference with Labor Negotiators (Gov. Code Section § 54957.6): Agency Designated Representatives:
Melissa Eads, City Administrator; Chris Gorsky, Assistant City Administrator; Employee Organization: Sonora Fire Fighters Association (SFFA); Sonora Employees Association (SEA).
RECONVENE INTO OPEN SESSION
OPEN SESSION - 5:00 PM
Called to order at 5:00 PM.
9 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
REPORT OUT OF CLOSED SESSION
Mayor Ann Segerstrom stated direction was given to staff.
PLEDGE OF ALLEGIANCE
Councilmember Stephen Opie led the Pledge of Allegiance.
ROLL CALL
PRESENT
Mayor Ann Segerstrom
Vice Mayor Andy Merrill
Councilmember Bess Levine
Councilmember Stephen Opie
Councilmember Mark Plummer
CITY CLERK’S REPORT ON AGENDA POSTING
The Agenda was posted on Friday, August 15, 2025, at 1:17 PM.
APPROVAL OF THE AGENDA
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Mark Plummer. Voting Yea: Mayor Ann Segerstrom, 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.
PRESENTATIONS
5. Consider Acceptance of a Donation of a Canine Ballistic Vest Valued at $1,220 from Friends of Sonora Police Department; Turu VanderWiel, Police Chief.
Turu VanderWiel Police Chief recognized Cathy and Mike for their donation; presented Ridge to the Council, wearing his Canine Ballistic Vest; and gave a brief explanation of the need for the Ballistic Vest.
Councilmembers made comments an thanked Friends of Sonora Police Department. 10 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
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.
6. Consider Acceptance of an Informational Report for July Accounts Payable Payment Register and Void Report; Chris Gorsky, Assistant City Administrator
7. Consider Approval of Disbursements in the Amount of $327,395.68, and $249,207.10 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/City Clerk.
8. Consider Approval of the Reclassification of One (1) Full-time Public Works Assistant Position to a Public Works Specialist Position, Effective July 1, 2025, With the Associated Fiscal Impact to be Absorbed Within the Approved FY25/26 Budget; Tracy Skelly, Administrative Services Officer/City Clerk.
9. Consider Appointment of a City Negotiation Team for Sonora Fire Fighters Association (SFFA) Negotiations; Melissa Eads, City Administrator.
10. Consider Approval of a Letter of Support Sent to the Department of Forestry and Fire Protection (CAL FIRE) Wildland Prevention Program; Andy Merrill, Vice Mayor.
Councilmember Mark Plummer requested to pull Item 10.
Councilmembers discussed and made comments.
Melissa Eads City Administrator made comments.
No public comment.
Motion made by Councilmember Mark Plummer for the Council to retroactively support the Letter of Support Sent to the Department of Forestry and Fire Protection (CAL FIRE) Wildland Prevention Program, Seconded by Vice Mayor Andy Merrill. Voting Yea: Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
11. Review and Discuss Adding to a Future Agenda a Proclamation Recognizing National Suicide Prevention Week and National Suicide Prevention Month in Observance of 988 Day; Andy Merrill, Vice Mayor.
Motion made by Councilmember Mark Plummer to Approve Items 6, 7, 8, 9 and 11, Seconded by Councilmember Stephen Opie. Voting Yea: Mayor Ann Segerstrom, Vice Mayor Any Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer 11 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
PUBLIC HEARINGS
12. Waive the First Reading, Read By Title Only, and Introduce for Consideration, Approval, and Adoption of the Updated Defensible Space Ordinance No. 907, Modifying and Updating Chapter 8.12.010-8.12.090 of the Sonora Municipal Code; Gary Carlson, Interim Fire Chief.
Gary Carlson Interim Fire Chief reviewed the Updated Defensible Space Ordinance.
Councilmembers made comments and discussed with the Interim Fire Chief.
Rocky Rozadilla owner Rocky's Tree Care addressed the Interim Fire Chief and Council.
Mayor Ann Segerstrom made additional comments.
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Mark Plummer. Voting Yea:
Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
NEW BUSINESS
13. Consider Approval of the Dewberry Engineers Inc. (Dewberry) Team to Provide Project Oversight Services in the Amount of $35,000 for the North-South Connector Project Initiation Document (PID) Project; Mike Pugh, Dewberry Engineers Inc./City Engineer.
Mike Pugh Dewberry Engineers Inc./City Engineer presented Task Order 25-3 to Provide Project Oversight for the North-South Connector Project Initiation Document Project.
No public comment.
Councilmembers discussed and made comments.
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Mark Plummer. Voting Yea:
Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
14. Consider Discussion and Direction to Dissolve Four (4) City Commissions/Committees; Melissa Eads, City Administrator, Josh Varinsky, City Attorney.
Josh Varinsky City Attorney explained the four Commissions/Committees to formally be dissolved.
Melissa Eads City Administrator made additional comments.
Councilmembers shared comments and concerns.
12 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
Sharon Maravich made comments and shared her concerns.
Council members made additional comments.
Melissa Eads City Administrator made additional comments.
Motion made by Councilmember Stephen Opie, Seconded by Vice Mayor Merrill.
Voting Yea: Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
15. Consider the Mayor’s Appointment of Curtis Wicks to Serve as a City of Sonora Planning Commissioner for a Four-Year Term Expiring on July 1, 2029; Tyler Summersett, Community Development Director.
Consider the Mayor’s Re-Appointment of Nathan Morales to Serve as a City of Sonora Planning Commissioner for a Four-Year Term Expiring on July 1, 2029; Tyler Summersett, Community Development Director.
Tyler Summersett Community Development Director presented the appointment of Curtis Wicks to the Planning Commission for a four-year term.
No public comment.
Councilmembers thanked Mr. Wicks.
Tyler Summersett Community Development Director presented the re-appointment of Nathan Morales to the Planning Commission for a four-year term.
Councilmembers are happy with the re-appointment.
Motion made by Councilmember Stephen Opie, Seconded by Councilmember Bess Levine. Voting Yea:
Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer.
16. Consider Approval of the (Low) Bid Award to Baldwin Construction for the Public Works Maintenance Yard Structure Project in the Amount of $210,000 and Authorize the City Administrator to Sign the Construction Agreement and all Related Project Documents; Tyler Summersett, Community Development Director.
Tyler Summersett Community Development Director presented the (Low) Bid Award too Baldwin Construction for the Public Works Maintenance Yard Structure Project.
No public comment.
Councilmembers made comments.
13 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
Motion made by Councilmember Mark Plummer, Seconded by Vice Mayor Andy Merrill. Voting Yea:
Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
COMMUNICATIONS
17. Receive Communications from the California Department of Transportation to the Tuolumne County Transportation Council (TCTC) Regarding Maintenance Updates, Traffic Operations Updates, and Project Program Updates.
COUNCIL MEMBER REPORTS
Councilmember Stephen Opie attended YES Council.
Councilmember Bess Levine had nothing to report.
Vice Mayor Andy Merrill informed those in attendance the Committee on Homelessness is looking for a District 1 representative, and ATCAA is looking for a representative from the private sector or lived experience; shared information on the Homelessness Committee; TCTC (Tuolumne County Transportation Council); and ATCAA (Amador Tuolumne Community Action Agency).
Councilmember Mark Plummer attended TCTC.
Mayor Ann Segerstrom attended National Night Out; the Sierra Business Council gathering and mixer; met the President of Columbia College Chad Redwing; and attended the League of California Cities.
ADJOURNMENT
Adjourned at 6:40 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 agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page.
14 Item 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
Tuesday, September 02, 2025
5:00 PM
NOTICE IS HEREBY GIVEN that the Sonora City Council will have their regular meeting on September 2, 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
OPEN SESSION - 5:00 PM
Called to order at 5:02 PM.
PLEDGE OF ALLEGIANCE
Councilmember Mark Plummer led the Pledge of Allegiance.
ROLL CALL
PRESENT
Mayor Ann Segerstrom
Vice Mayor Andy Merrill
Councilmember Bess Levine
Councilmember Stephen Opie
Councilmember Mark Plummer
CITY CLERK’S REPORT ON AGENDA POSTING
The Agenda was posted on Friday, August 29, 2025, at 12:30 PM.
APPROVAL OF THE AGENDA
Mayor Ann Segerstrom stated, due to the critical fire situation, it has been recommended to move all of the Items except the Consent Calendar and New Business to the next meeting on September 15th.
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Bess Levine. Voting Yea: Mayor Ann Segerstrom, 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.
No public comment.
PRESENTATIONS
1. Receive a Presentation from the Sierra Nevada Energy Watch (SNEW) Program Staff Outlining Benchmarking Completed for the City of Sonora; Tyler Summersett, Community Development Director. 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
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.
2. Consider Approval of the Meeting Minutes from August 4, 2025; Stacy Enos-Del Razo, Deputy City Clerk.
3. Waive Second Reading, Read by Title Only, and Adopt the Updated Defensible Space Ordinance No. 907, Modifying and Updating Chapter 8.12.010-8.12.090 of the Sonora Municipal Code; Gary Carlson, Interim Fire Chief.
4. Receive a Proclamation Recognizing National Suicide Prevention Week and National Suicide Prevention Month in Observance of 988 Day; Andy Merrill, Vice Mayor.
5. Consider Approval of Dewberry Engineers Inc. (Dewberry) Task Order No. 26-04 Mobile LiDAR Database and Pavement Condition Index (PCI) Reporting in the Amount of $62,892.88 for Engineering and Surveying Services to Generate a Mobile LiDAR Database of All City-Owned Streets within the City of Sonora and to Prepare a PCI Assessment for Each Street; Melissa Eads, City Administrator, Mike Pugh, City Engineer.
6. Consider Approval of Dewberry Engineers Inc. team (Dewberry) Task Order No. 26-05 Church Street Slope Stabilization Engineering Services in the Amount of $40,900 for Engineering, Geotechnical, and Surveying Services to Stabilize the Failing Slope Near 85 E. Church Street; Melissa Eads, City Administrator, Mike Pugh, City Engineer.
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Bess Levine. Voting Yea: Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
NEW BUSINESS
7. Consider Approval of a New Two-Year Memorandum of Agreement with Columbia College to use Dragoon Gulch as an Extension of the Campus Learning Environment for the Sierra Forestry Corp Program to Learn and Practice Forestry Management Skills; Tyler Summersett, Community Development Director.
Tyler Summersett Community Development Director presented the new Two-Year Memorandum Agreement with Columbia College to use Dragoon Gulch as an Extension of the Campus Learning Environment for the Sierra Forestry Corp Program to Learn and Practice Forestry Management Skills.
Councilmembers made comments.
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
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Stephen Opie. Voting Yea:
Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie, Councilmember Mark Plummer
8. Consider Approval of the Solid Waste Franchise Agreement to California Waste Recovery Systems, LLC (CalWaste) for Subscription-Based Solid Waste, Recycling, and Green Waste Collection and Management Services; Carlye Buchholz, P.E, P.L.S, City Engineer.
Carlye Buchholz, City Engineer reviewed with the Council the proposals that were received, the two that qualified, and the scoring; the residential rates; commercial rates garbage; commercial rates, recycling and recycling revenue sharing; proposed franchise fee to the City; value added services; quality of service; efficiency; exceptions to the RFP (Request For Proposals); and addressed concerns from the public.
Representatives from Waste Management, a local business owner, and the Tuolumne County Solid Waste Director offered comments. Members of the public also addressed the Council.
Councilmembers discussed the proposals and requested clarifications from staff and Waste Management.
The City Attorney advised on protocol for public comment and provided legal guidance. The City Administrator and Mayor offered additional remarks.
Following further discussion and clarifications by the City Engineer, City Administrator, and Waste Management representatives, the Council deliberated on the franchise agreement.
Motion made by Vice Mayor Andy Merrill, Seconded by Councilmember Bess Levine. Voting Yea: Mayor Ann Segerstrom, Vice Mayor Andy Merrill, Councilmember Bess Levine, Councilmember Stephen Opie Voting Nay: Councilmember Mark Plummer
COUNCIL MEMBER REPORTS
9. Receive a Letter to All Councilmembers from Waste Management: Request for Proposals for Solid Waste, Recycling, and Green Waste Collection and Management Services.
COUNCIL MEMBER REPORTS
ADJOURNMENT
Adjourned at 6:35 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).
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
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in the City Administrator’s Office at 94 N. Washington Street, Sonora, CA 95370 during normal business hours (8:00 am - 4:00 pm, Monday through Friday, excluding holidays). The agenda and supporting public documents are also available on our City website www.sonoraca.com listed under the agenda/minutes link on the Government page.
19 Item 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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Tracy Skelly, Administrative Services Officer
Chris Gorsky, Assistant City Administrator
SUBJECT: Consider Adoption of Resolution No. 10-06-2025-A Approving Side Letters to the Memorandum of Understanding (MOUs) with the Sonora Employees Association (SEA) and the Sonora Confidential Employees Association (SCEA) to Comply with California Code of Regulations (CCR) sections 571 and 571.1, and Resolution No. 10-06-2025-B Approving Updated Salary Range Tables for Each Group Reflecting Accurate Reporting of Compensation to CalPERS.
RECOMMENDATION:
Consider Adoption of Resolution No. 10-06-2025-A Approving Side Letters to the Memorandum of Understanding (MOUs) with the Sonora Employees Association (SEA) and the Sonora Police Officers Association (SPOA) to Comply with California Code of Regulations (CCR) sections 571 and 571.1, and Resolution No. 10-06-2025-B Approving Updated Salary Range Tables for Each Group Reflecting Accurate Reporting of Compensation to CalPERS.
BACKGROUND:
The City of Sonora is a participating agency in the California Public Employees' Retirement System (CalPERS).
Under CalPERS regulations—specifically CCR §571 (applicable to classic members) and §571.1 (applicable to PEPRA members)—only compensation that is properly defined, agreed upon, and publicly posted may be reported for retirement purposes.
To ensure full compliance, the City conducted a review of its pay schedules and compensation reporting practices. As a result, staff has worked with both SEA and SPOA to develop side letters clarifying which pay elements are reportable to CalPERS. In conjunction, the City has updated the official salary range tables to reflect accurate base salary data for each classification, and required CalPERS-compliant formatting for transparency and audit readiness.
DISCUSSION / ANALYSIS:
The side letters ensure that all reportable compensation items are clearly defined and mutually agreed upon, in line with CalPERS standards. These agreements do not introduce any new compensation but instead formalize existing practices to improve transparency and avoid compliance risks. 20 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 The updated salary range tables have been reformatted to meet CalPERS' requirement for a “publicly available pay schedule,” including:
Clear job titles and classification listings
Monthly and hourly base salary figures
Consistent date of Council adoption
Both associations have reviewed and accepted the proposed side letters and revised pay schedules. These updates reflect administrative and compliance corrections only—there are no fiscal changes resulting from these actions.
FISCAL IMPACT:
There is no fiscal impact associated with this action. The updates are administrative in nature and intended to ensure continued compliance with CalPERS rules.
ATTACHMENTS:
1. Side Letters – Sonora Employees Association, FY2021-2025
2. Side Letters – Sonora Police Officers Association, FY2021-2025 and FY2024-2029
3. Updated Salary Range Table – Sonora Employees (Miscellaneous)
4. Updated Salary Range Table – Police Officers
5. Resolution 10-06-2025-A – Approving Side Letters
6. Resolution 10-06-2025-B – Approving Salary Tables
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
21 Item B.
22 Item B.
23 Item B.
24 Item B.
25 Item B.
26 Item B.
27 Item B.
Percentage to apply to all salaries 0.00%
Percentage between steps 5.00%
Percentage between grades 2.50%
Hours worked bi-weekly 80
Classification Step A
Finance Assistant $23.32
Community Development Specialist I $23.32
Community Development Specialist II $27.01
Administrative Analyst $33.72
City Planner I $28.34
City Planner II $32.80
Special Programs Coordinator $20.77
Range
% Adder Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Finance Assistant
Finance Assistant/Deputy City Clerk 2332 0.0% $4,042.1 $1,865.60 $ 23.32 $4,244.93 $1,959.20 $24.49 $4,456.40 $2,056.80 $25.71 $4,680.00 $2,160.00 $27.00 $4,914.00 $2,268.00 $28.35 $5,160.13 $2,381.60 $29.77 Community Development Specialist I 2332 0.0% $4,042.1 $1,865.60 $ 23.32 $4,244.93 $1,959.20 $24.49 $4,456.40 $2,056.80 $25.71 $4,680.00 $2,160.00 $27.00 $4,914.00 $2,268.00 $28.35 $5,160.13 $2,381.60 $29.77 Community Development Specialist II 2701 0.0% $4,681.7 $2,160.80 $ 27.01 $4,915.73 $2,268.80 $28.36 $5,161.87 $2,382.40 $29.78 $5,420.13 $2,501.60 $31.27 $5,690.53 $2,626.40 $32.83 $5,974.80 $2,757.60 $34.47 Administrative Analyst 3372 0.0% $5,844.8 $2,697.60 $ 33.72 $6,137.73 $2,832.80 $35.41 $6,444.53 $2,974.40 $37.18 $6,766.93 $3,123.20 $39.04 $7,104.93 $3,279.20 $40.99 $7,460.27 $3,443.20 $43.04 Special Programs Coordinator 2077 0.0% $3,600.1 $1,661.60 $ 20.77 $3,780.40 $1,744.80 $21.81 $3,969.33 $1,832.00 $22.90 $4,168.67 $1,924.00 $24.05 $4,376.67 $2,020.00 $25.25 $4,595.07 $2,120.80 $26.51 City Planner I 2834 0.0% $4,912.3 $2,267.20 $ 28.34 $5,158.40 $2,380.80 $29.76 $5,416.67 $2,500.00 $31.25 $5,687.07 $2,624.80 $32.81 $5,971.33 $2,756.00 $34.45 $6,269.47 $2,893.60 $36.17 City Planner II 3280 0.0% $5,685.3 $2,624.00 $ 32.80 $5,969.60 $2,755.20 $34.44 $6,267.73 $2,892.80 $36.16 $6,581.47 $3,037.60 $37.97 $6,910.80 $3,189.60 $39.87 $7,255.73 $3,348.80 $41.86
Revised: 7/1/2024
10%
Step D
15%
Notes: 4.0% - COLA
0%
Step A Step B
5%
Step C
SONORA EMPLOYEES' ASSOCIATION SALARY RANGE TABLE
EFFECTIVE JULY 1, 2024
2.5% Cert Pay (Up to a Maximum of 7.5% & Cannot Be MQ of Classification): Class B Commericial License; I.S.A. Arborist; State of CA Pest Control Advisors License; State of CA Pesticide Applicators; Caltrans Traffic Signal; Small Engine Mechanic, Fire Mechanic
2.5% Education Pay: AA, AS, BA, BS
2.5% Longevity Pay After Ten (10) Years of Service, Then Every Five (5) Years Thereafter 20%
Step F
25%
Step E
28 Item B.
Classification Step A
Public Works Assistant $20.77
Building Inspector/Public Works Supervisor/ Supervising $26.42 Public Works Specialist II $23.32
Public Works Specialist/Equipment Mechanic $23.32
Range
% Adder Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Public Works Assistant 2077 0.0% $3,600.13 $1,661.60 $20.77 $3,780.40 $1,744.80 $21.81 $3,969.33 $1,832.00 $22.90 $4,168.67 $1,924.00 $24.05 $4,376.67 $2,020.00 $25.25 $4,595.07 $2,120.80 $26.51 Building Inspector/Public Works Supervisor/
Supervising Mechanic 2642 0.0% $4,579.47 $2,113.60 $26.42 $4,808.27 $2,219.20 $27.74 $5,049.20 $2,330.40 $29.13 $5,302.27 $2,447.20 $30.59 $5,567.47 $2,569.60 $32.12 $5,846.53 $2,698.40 $33.73 Public Works Specialist II 2332 0.0% $4,042.13 $1,865.60 $23.32 $4,244.93 $1,959.20 $24.49 $4,456.40 $2,056.80 $25.71 $4,680.00 $2,160.00 $27.00 $4,914.00 $2,268.00 $28.35 $5,160.13 $2,381.60 $29.77 Public Works Specialist/Equipment Mechanic 2332 0.0% $4,042.13 $1,865.60 $23.32 $4,244.93 $1,959.20 $24.49 $4,456.40 $2,056.80 $25.71 $4,680.00 $2,160.00 $27.00 $4,914.00 $2,268.00 $28.35 $5,160.13 $2,381.60 $29.77
Revised: 7/1/2024
SONORA EMPLOYEES' ASSOCIATION SALARY RANGE TABLE
EFFECTIVE JULY 1, 2024
2.5% Longevity Pay After Ten (10) Years of Service, Then Every Five (5) Years Thereafter Pest Control Advisors License; State of CA Pesticide Applicators; Caltrans Traffic Signal; Small Engine Mechanic, Fire Mechanic
2.5% Education Pay: AA, AS, BA, BS
2.5% Cert Pay (Up to a Maximum of 7.5% & Cannot Be MQ of Classification): Class B Commericial License; I.S.A. Arborist; State of CA Notes: 4.0% COLA
Step A
0%
Step B
5%
Step C
10%
Step D
15%
Step E
20%
Step F
25%
29 Item B.
2.5% Longevity Pay After 10 Years Of City Service, And Every Five Years Thereafter
2.5% for Associates /2.5% for Bachelors/2.5% for Masters Percentage to apply to all salaries 0.00% 2.5% for Basic Cert (only if employment date is prior to July 1, 2013) Percentage between steps 5.00% 2.5% for Intermediate Cert Percentage between grades 2.50% 2.5% for Supervisory Cert (if in a supervisory position) Hours worked bi-weekly 80 5.0% for Adv Cert Assign: Investigator/Computer Network Manager/Field Training Officer/Dispatch Field Training Officer/Traffic Officer Classification Step A
Police Officer Recruit $24.00
Police Officer $36.72
Police Corporal $40.53
Police Sergeant $45.85
Range
% Adder Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Police Officer Recruit 1600 0.0% $4,160.00 $1,920.00 $24.00 Police Officer 3672 0.0% $6,364.80 $2,937.60 $36.72 $6,683.73 $3,084.80 $38.56 $7,018.27 $3,239.20 $40.49 $7,368.40 $3,400.80 $42.51 $7,737.60 $3,571.20 $44.64 $8,124.13 $3,749.60 $46.87 Police Corporal 4053 0.0% $7,025.20 $3,242.40 $40.53 $7,377.07 $3,404.80 $42.56 $7,746.27 $3,575.20 $44.69 $8,132.80 $3,753.60 $46.92 $8,540.13 $3,941.60 $49.27 $8,966.53 $4,138.40 $51.73 Police Sergeant 4585 0.0% $7,947.33 $3,668.00 $45.85 $8,344.27 $3,851.20 $48.14 $8,762.00 $4,044.00 $50.55 $9,200.53 $4,246.40 $53.08 $9,659.87 $4,458.40 $55.73 $10,143.47 $4,681.60 $58.52 Revised: 7/1/2024
Step D
15%
Step E
20%
SONORA POLICE OFFICERS’ ASSOCIATION SALARY RANGE TABLE
EFFECTIVE JULY 1, 2024
Notes: 2.5% COLA FOR ALL CLASSIFICATIONS
Step A
0%
Step B
5%
Step C
10%
Step F
25%
30 Item B.
2.5% Longevity Pay After 10 Years Of City Service, And Every Five Years Thereafter
2.5% for Associates /2.5% for Bachelors/2.5% for Masters Percentage to apply to all salaries 0.00% 2.5% for Basic Cert (only if employment date is prior to July 1, 2013) Percentage between steps 5.00% 2.5% for Intermediate Cert Percentage between grades 2.50% 2.5% for Supervisory Cert (if in a supervisory position) Hours worked bi-weekly 80 5.0% for Adv Cert Assign: Investigator/Computer Network Manager/Field Training Officer/Dispatch Field Training Officer/Traffic Officer Classification Step A
Dispatcher-Records Specialist Trainee $20.98
Dispatcher-Records Specialist I $22.07
Dispatcher-Records Specialist II $25.54
Police Records Technician $27.06
Range
% Adder Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Monthly Bi-Weekly Hourly Dispatcher-Records Specialist Trainee 2098 0.0% $3,636.53 $1,678.40 $ 20.98 $3,818.53 $1,762.40 $22.03 $4,009.20 $1,850.40 $23.13 $4,210.27 $1,943.20 $24.29 $4,420.00 $2,040.00 $25.50 $4,641.87 $2,142.40 $26.78 Dispatcher-Records Specialist I 2207 0.0% $3,825.47 $1,765.60 $ 22.07 $4,016.13 $1,853.60 $23.17 $4,217.20 $1,946.40 $24.33 $4,428.67 $2,044.00 $25.55 $4,650.53 $2,146.40 $26.83 $4,882.80 $2,253.60 $28.17 Dispatcher-Records Specialist II 2554 0.0% $4,426.93 $2,043.20 $25.54 $4,648.80 $2,145.60 $26.82 $4,881.07 $2,252.80 $28.16 $5,125.47 $2,365.60 $29.57 $5,382.00 $2,484.00 $31.05 $5,650.67 $2,608.00 $32.60 Police Records Technician 2706 0.0% $4,690.40 $2,164.80 $27.06 $4,924.40 $2,272.80 $28.41 $5,170.53 $2,386.40 $29.83 $5,428.80 $2,505.60 $31.32 $5,700.93 $2,631.20 $32.89 $5,985.20 $2,762.40 $34.53 Revised: 7/1/2024
Step D
SONORA POLICE OFFICERS’ ASSOCIATION SALARY RANGE TABLE
EFFECTIVE JULY 1, 2024
Notes: 2.5% COLA FOR ALL CLASSIFICATIONS
Step F
15% 25%
Step E
0% 20%
Step B
5%
Step C
10%
Step A
31 Item B.
RESOLUTION 10-06-2025-A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA APPROVING SIDE LETTER AGREEMENTS TO
THE MEMORANDA OF UNDERSTANDING WITH THE SONORA EMPLOYEES ASSOCIATION (SEA)
AND THE SONORA POLICE OFFICERS ASSOCIATION (SPOA) TO CLARIFY
REPORTABLE COMPENSATION FOR CALPERS' PURPOSES
WHEREAS, the City of Sonora (“City”) is committed to ensuring compliance with CalPERS regulations concerning compensation for its employees; and
WHEREAS, the City of Sonora is a contracting agency with the California Public Employees' Retirement System (CalPERS); and
WHEREAS, CalPERS initiated a service retirement review for the Fire Chief on April 9, 2025, which identified ambiguities in the Uniform Allowance, Longevity pay, Education pay, and Certification pay (“Special Compensation”) within the Memorandum of Understanding (“MOU”) with the Sonora Management Employees Association (“SMEA”); and
WHEREAS, the City initiated a review of all the Sonora Employees Associations and found that the FY 2021- 2025 MOU language for the Sonora Employees Association (“SEA”) and FY 2021-2025 and FY 2024-2029 MOU language for the Sonora Police Officers Association (“SPOA”) did not adequately describe the compounding nature of the special compensation, resulting in a reduction of final compensation calculations; and WHEREAS, the special compensation did not meet the California Code of Regulations requirements, leading to its exclusion from final compensation; and
WHEREAS, the City, in collaboration with CalPERS, SEA, and SPOA, has drafted a Letter of Agreement for each of the MOUs to clarify the provisions of the MOUs concerning special compensation pay; and WHEREAS, formal adoption of this updated language is required to request a new final compensation review for the employee, and future employees under the clarified provisions; and WHEREAS, these side letters do not introduce any new compensation or benefits, but memorialize existing practices in a manner consistent with CalPERS regulations (CCR §571 and §571.1); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonora as follows:
1. The Letter of Agreement with the Sonora Employees Association is hereby approved and adopted.
2. The Letter of Agreement with the Sonora Police Officers Association is hereby approved and adopted.
PASSED AND ADOPTED by the City Council of the City of Sonora on this 6 th day of October, 2025, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
32 Item B.
Ann Segerstrom, Mayor, City of Sonora
ATTEST:
Tracy Skelly, City Clerk, City of Sonora
Resolution 10-06-2025-A
33 Item B.
RESOLUTION 10-06-2025-B
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SONORA APPROVING UPDATED SALARY RANGE TABLES
FOR THE SONORA EMPLOYEES ASSOCIATION (SEA) AND THE SONORA POLICE OFFICERS ASSOCIATION (SPOA)
IN COMPLIANCE WITH CALPERS REGULATIONS
WHEREAS, Section 570.5 of California Code of Regulations, Title 2, requires formal Council approval and adoption of employee salaries and compensation schedules; and WHEREAS, the City of Sonora participates in the California Public Employees’ Retirement System (CalPERS); and WHEREAS, CalPERS regulations require that compensation subject to retirement reporting be listed on a publicly available pay schedule that meets the formatting, posting, and transparency requirements outlined in CCR §570.5, §571, and §571.1; and
WHEREAS, the City has updated its salary range tables for the Sonora Employees Association (SEA) and the Sonora Police Officers Association (SPOA) to ensure that base salary information is clearly presented, accurately described, and publicly available; and
WHEREAS, these updated pay schedules reflect no new compensation changes but serve to document existing authorized compensation levels in a CalPERS-compliant format, including the inclusion of all classifications, salary steps, and footnotes indicating special compensation where applicable; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonora as follows:
1. The updated Salary Range Table for the Sonora Employees Association is hereby approved.
2. The updated Salary Range Table for the Sonora Police Officers Association is hereby approved.
PASSED AND ADOPTED by the City Council of the City of Sonora on this 6th day of October, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ann Segerstrom, Mayor, City of Sonora
ATTEST:
Tracy Skelly, City Clerk, City of Sonora
34 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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Stephen Opie, Councilmember
SUBJECT: Authorize Placement of a Proclamation Condemning Violence and Promoting Respectful Dialogue to the October 20, 2025, City Council Agenda.
RECOMMENDATION:
Authorize Placement of a Proclamation Condemning Violence and Promoting Respectful Dialogue to the October 20, 2025, City Council Agenda.
BACKGROUND:
Pursuant to the Councilmember Handbook, requests for new agenda items must be submitted through the Consent Calendar at a prior meeting, with a brief description of the item and its relevance. If approved by the Council, the item will be placed on the agenda for a future meeting.
The City of Sonora is committed to fostering a safe, respectful, and inclusive community for all residents.
Violence—whether political, religious, racial, ethnic, or based on sexual orientation—undermines the values of liberty, dignity, and self-governance upon which our nation was founded.
The Constitution of the United States guarantees fundamental rights and freedoms to all individuals. Among these rights is the freedom to hold and express differing beliefs, so long as such beliefs do not incite or rely on violence. As a community, we also recognize that while freedom of speech allows for offensive or vulgar language, respectful communication remains essential to maintaining civility and mutual understanding.
By adopting this proclamation, the City Council will publicly affirm its stance against all forms of violence, encourage respectful dialogue, and emphasize the importance of protecting the rights of all individuals within our community.
DISCUSSION / ANALYSIS:
The proposed proclamation recognizes that:
The City of Sonora condemns violence in all forms, regardless of its motivation. The City is committed to upholding the constitutional rights of all individuals. A self-governed nation and community require mutual respect and the preservation of each individual’s liberty.
35 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 Civil dialogue, even when disagreements remain, strengthens community bonds and promotes unity.
This proclamation is not intended to limit free speech but to encourage a community standard of respectful engagement and discourage demonization based on differences.
FISCAL IMPACT:
No Fiscal Impact to the General Fund
ATTACHMENTS:
Draft Proclamation Condemning Violence and Promoting Respectful Dialogue 36 Item C.
A PROCLAMATION
OF THE CITY COUNCIL OF THE CITY OF SONORA
CONDEMNING VIOLENCE AND PROMOTING
RESPECTFUL DIALOGUE
WHEREAS, the City of Sonora recognizes that violence in any form—whether political, religious, racial, ethnic, or based on sexual orientation—has no place in our community; and WHEREAS, all individuals within the community of Sonora are protected by the Constitution of the United States of America, which guarantees the fundamental right to liberty; and WHEREAS, we are a nation of individuals who share the inalienable right of self-governance and are bound by common law to treat one another with dignity; and WHEREAS, our freedoms are exercised responsibly only when we refrain from taking away the liberties of others; and
WHEREAS, a nation of self-governance requires that we respect the right of individuals to hold different beliefs, provided those beliefs do not use violence as a means to an end; and WHEREAS, the City of Sonora acknowledges that while freedom of speech protects expressions, including vulgar or offensive language, we ask as a community that dialogue be conducted with mutual respect; and
WHEREAS, demonization and platitudes based on political differences serve only to divide, while open dialogue helps bridge differences and fosters understanding, even when agreement cannot be reached; and
WHEREAS, respect for one another’s right to life, liberty, and differing perspectives is essential to the path of a united nation;
NOW, THEREFORE, BE IT PROCLAIMED that the City of Sonora condemns all forms of violence, affirms its commitment to uphold the constitutional rights of all individuals, and calls upon all members of the community to engage in open, respectful dialogue as the cornerstone of a stronger, more united Sonora.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed this 20th day of October of the year two thousand and twenty-five.
Signed ___________ Attest ___
Ann Segerstrom, Mayor Tracy Skelly, City Clerk
37 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
RECOMMENDATION
Waive First Reading, Read by Title Only, and Introduce Ordinance No. 909 Clarifying Ordinance No. 905; Repealing Chapter 8.30, Emergency Services; and Repealing and Replacing Chapter 2.28, Emergency Services (Reserved) of the Sonora Municipal Code.
BACKGROUND
During the City of Sonora (“City”) Council meeting on July 21, 2025, the City Council adopted Resolution 07- 21-2025-C, which adopted the City’s updated 2025 Emergency Operations Plan. The Resolution’s recitals indicate that Chapter 2.28, Emergency Services, will replace Chapter 8.30, Emergency Services, of the Sonora Municipal Code.
During the same City Council meeting on July 21, 2025, the City Council adopted Ordinance No. 905. The recitals of Ordinance No. 905 state, “[T]he City Council wishes to adopt the updated Emergency Operations Plan by replacing 8.30 and adding Chapter 2.28 of the Sonora Municipal Code to reflect current standards, procedures, and organizational structures for emergency management.” The proposed text for Chapter 2.28 was included as Appendix 2 in the agenda packet for the City Council meeting on July 21, 2025.
DISCUSSION
The proposed Ordinance provides clarification about the changes that Ordinance No. 905 intended for the Sonora Municipal Code. First, the proposed Ordinance repeals Chapter 8.30, Emergency Services, of the Sonora Municipal Code. Second, the proposed Ordinance repeals the current Chapter 2.28, Emergency DATE: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Douglas L. White, City Attorney
SUBJECT: Waive First Reading, Read by Title Only, and Introduce Ordinance No. 909 of the Sonora City Council Clarifying Ordinance No. 905; Repealing Chapter 8.30, Emergency Services; and Repealing and Replacing Chapter 2.28, Emergency Services (Reserved) of the Sonora Municipal Code
38 Item A.
Services (Reserved), and replaces the current Chapter 2.28 with a new Chapter 2.28, Emergency Services. The proposed Ordinance also provides the language for the new Chapter 2.28, Emergency Services.
FISCAL IMPACT
There is no fiscal impact associated with the proposed Ordinance. Resolution 07-21-2025-C already adopted the City’s updated 2025 Emergency Operations Plan, and the proposed Ordinance updates the Sonora Municipal Code to align with the City’s updated 2025 Emergency Operations Plan.
ATTACHMENTS
1. Ordinance No. 909
2. Resolution 07-21-2025-C
3. Ordinance No. 905
CORE COUNCIL PRIORITIES
Public Safety and Disaster Preparedness.
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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
RECOMMENDATION
Waive First Reading, Read by Title Only, and Introduce Ordinance No. 910 Repealing and Replacing Section
8.40.010, Fire Hazard Severity Zones, of Section 8.40, Fire Hazard Severity Zones, of Title 8, Health and Safety, of the Sonora Municipal Code to Align with Ordinance No. 906.
BACKGROUND
During the City of Sonora (“City”) Council meeting on June 16, 2025, the City Council passed Ordinance No. 906, which adopted the 2025 Fire Hazard Severity Zone Map for the City recommended by the California State Fire Marshal. However, Ordinance No. 906 did not update the section of the Sonora Municipal Code that addresses fire hazard severity zones. As currently written, section 8.40.010, Fire Hazard Severity Zones, of the Sonora Municipal Code references a map dated September 2, 2008.
DISCUSSION
Section 8.40.010, Fire Hazard Severity Zones, of the Sonora Municipal Code designates a very high fire severity zone as designated on a map dated September 2, 2008. Ordinance No. 906 adopted a new fire hazard severity zone map for 2025, and section 8.40.010 should be updated to reflect the current map.
The proposed Ordinance amends section 8.40.010 of the Sonora Municipal Code to reflect the 2025 fire hazard severity zone map.
DATE: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Douglas L. White, City Attorney
SUBJECT: Waive First Reading, Read by Title Only, and Introduce Ordinance 910 of the Sonora City Council Repealing and Replacing Section 8.40.010, Fire Hazard Severity Zones, of Section
8.40, Fire Hazard Severity Zones, of Title 8, Health and Safety, of the Sonora Municipal Code to Align with Ordinance No. 906
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FISCAL IMPACT
There is no fiscal impact associated with the proposed Ordinance. The 2025 Fire Hazard Severity Zone Map was already adopted by Ordinance No. 906, and the proposed Ordinance aligns section 8.40.010 of the Sonora Municipal Code with the current map.
ATTACHMENTS
1. Ordinance No. 910
2. Ordinance No. 906
CORE COUNCIL PRIORITIES
Public Safety and Disaster Preparedness.
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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
RECOMMENDATION
Consider Recommendation to Formally Dissolve Four (4) City Committees/Commissions:
1. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 911 of the Sonora City Council Amending Chapter 12.20, Shade Trees and Shrubs, of Title 12, Streets and Sidewalks, of the Sonora Municipal Code to Dissolve the City Tree and Landscaping Board.
2. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 912 of the Sonora City Council Amending Sections 2.36.040, Management and Supervision, 2.36.060, Superintendent – Purchases; City Council Approval, and 2.36.130, Grave Markers – Requirements, of Chapter 2.36, Cemeteries, Of Title 2, Administration and Personnel, of the Sonora Municipal Code to Dissolve the Cemetery Committee.
3. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 913 of the Sonora City Council Repealing Chapter 10.24, Parking and Traffic Commission, of Title 10, Vehicles and Traffic, of the Sonora Municipal Code to Dissolve the Parking and Traffic Commission.
4. Adopt Resolution 10-06-2025-C Dissolving the Parks, Recreation, and Beautification Committee.
5. Waive First Reading, Read by Title Only, and Introduce Ordinance No. 914 of the Sonora City Council Amending Sections 17.33.050 Administration, and 17.33.030, Land Use Plan, of Chapter
17.33, Commercial Specific Plan, of Title 17, Zoning, of the Sonora Municipal Code.
DATE: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Melissa Eads, City Administrator
Josh Varinsky, City Attorney’s Office
SUBJECT: Consider Recommendation to Formally Dissolve Four (4) City Commissions/Committees. 70 Item C.
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BACKGROUND
During the City Council meeting on August 18, 2025, the Council discussed the proposed dissolution of four City commissions and committees including (1) Tree and Landscaping Board, (2) Cemetery Committee, (3) Parking and Traffic Commission, and (4) The Parks, Recreation, and Beautification Committee. The Council directed staff to prepare the necessary ordinances to dissolve the commissions and committees, in the interest of streamlining City operations and reducing bureaucracy. The City Council retains the discretion to establish standing or ad-hoc committees in the future, as needed.
Formal ordinances are required to dissolve three of the four committees as they are codified in the Municipal Code. These three committees are the (1) Tree and Landscaping Board, (2) the Cemetery Committee, and (3) the Parking and Traffic Commission.
The remaining committee, the Parks, Recreation and Beautification Committee, may be dissolved by resolution because it was not established through codification in the Municipal Code. However, since the City’s Zoning Ordinance contains several references to this committee, an ordinance is required to remove those references from the Municipal Code.
The four ordinances and accompanying resolution will dissolve the four committees and commissions, remove all references of them from the Municipal Code, and reassign their responsibilities to City staff or, where applicable, the City Administrator or their designee.
DISCUSSION
(1) City Tree and Landscaping Board
Established under Sonora Municipal Code Section 12.20.030, this board is comprised of members of the Parks, Recreation, and Beautification subcommittee and public appointees selected by the Mayor. Its responsibilities include developing and administering plans for the care and management of public trees and shrubs. Upon dissolution, responsibilities of the Tree and Landscaping Board will be assumed by the City Administrator or their designee.
To dissolve the Tree and Landscaping Board, the proposed Ordinance would repeal and amend various sections of Chapter 12.20 of the Municipal Code (Shade Trees and Shrubs).
All references to the Tree and Landscaping Board in this chapter would be replaced with “the City Administrator or their designee.” The amendments would transfer all authority and functions of the Tree and Landscaping Board to the City Administrator or their designee.
Chapter 12.20 in the Municipal Code also references the Parks, Recreation, and Beautification Committee, which is being dissolved by resolution. For consistency, references to this committee in the Municipal Code will also be removed in the attached ordinance.
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(2) Cemetery Committee
Created under Sonora Municipal Code Section 2.36, this committee includes the cemetery superintendent (the City Administrator) and two (2) councilmembers. The committee is responsible for administration of City cemeteries. Upon dissolution, the responsibilities of the Cemetery Committee will be assumed by the cemetery superintendent (the City Administrator).
To dissolve the Cemetery Committee, the proposed ordinance will amend three sections of Chapter 2.36.
Management and supervision of cemeteries will be left to the cemetery superintendent. Other references to the Cemetery Committee were removed and, where applicable, replaced with the cemetery superintendent.
Additionally, the purchasing authority of the cemetery superintendent is modified to be the City Administrator’s purchasing authority. The previous purchasing authority of the cemetery superintendent was $25.00.
(3) Parking and Traffic Commission
Sonora Municipal Code Section 10.24.010 establishes the parking and traffic commission, comprised of eight (8) members. This Commission is responsible for orderly planning of the City’s parking and traffic.
Since the establishment of the Commission, it has been supported by Engineering Staff and Clerk Functions. By engaging a full-time engineering staff, the City is taking a proactive approach to the comprehensive planning, maintenance, and construction of its roadway infrastructure.
To dissolve the Parking and Traffic Commission, the proposed ordinance revokes and reserves the entirety of Chapter 10.24 as all provisions relate to the functions and administration of the Parking and Traffic Committee. The responsibilities of the Parking and Traffic Commission will be assumed by the City Administrator and engineering staff.
(4) Parks, Recreation, & Beautification Committee (not codified in Municipal Code) This committee was formed to meet on an as-needed basis to address issues related to parks, recreation, and beautification. Because this committee was not codified, the Council is able to dissolve it through resolution. The responsibilities of the Parks, Recreation and Beautification commission will be assumed by City Staff, specifically Community Development.
In addition, references to the Parks, Recreation, and Beautification Committee were found in Chapter
17.33, Commercial Specific Plan, of Title 17 Zoning, of the Sonora Municipal Code. The proposed ordinance would eliminate three references to the Parks, Recreation, and Beautification Committee within Chapter
17.33 and, where applicable, be replaced with the ‘Planning Commission.’ Under the proposed amendment, the Planning Commission would be responsible for approving the landscape and lighting plan for a commercial specific plan site.
FISCAL IMPACT
Preparation of the necessary ordinances and resolutions required City Attorney time. 72 Item C.
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ATTACHMENTS
1. Ordinance No. 911 of the Sonora City Council Amending Chapter 12.20, Shade Trees and Shrubs, of Title 12, Streets and Sidewalks, of the Sonora Municipal Code to Dissolve the City Tree and Landscaping Board.
2. Ordinance No. 912 of the Sonora City Council Amending Sections 2.36.040, Management and Supervision, 2.36.060, Superintendent – Purchases; City Council Approval, and 2.36.130, Grave Markers – Requirements, of Chapter 2.36, Cemeteries, Of Title 2, Administration and Personnel, of the Sonora Municipals Code to Dissolve the Cemetery Committee.
3. Ordinance No. 913 of the Sonora City Council Repealing Chapter 10.24, Parking and Traffic Commission, of Title 10, Vehicles and Traffic, of the Sonora Municipal Code to Dissolve the Parking and Traffic Commission.
4. Resolution 10-06-2025-C Dissolving the Parks, Recreation, and Beautification Committee.
5. Ordinance No. 914 of the Sonora City Council Amending Sections 17.33.050 Administration, and
17.33.030, Land Use Plan, of Chapter 17.33, Commercial Specific Plan, of Title 17, Zoning, of the Sonora Municipal Code.
CORE COUNCIL PRIORITIES
Fiscal Responsibility and Stability, Public Safety and Disaster Preparedness, Staffing - Salary, Benefits, Training, and Retention.
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ORDINANCE NO. 913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SONORA REPEALING CHAPTER 10.24, PARKING AND TRAFFIC COMMISSION, OF TITLE 10, VEHICLES AND TRAFFIC, OF THE SONORA MUNICIPAL CODE
TO DISSOLVE
THE PARKING AND TRAFFIC COMMISSION
WHEREAS, Chapter V of the Sonora City Council Rules and Procedures authorizes the Sonora City Council (“City Council”) to establish committees by ordinance or resolution; and WHEREAS, the Sonora City Council formed the Parking and Traffic Commission (“Commission”) by ordinance, codifying it in Chapter 10.24, Parking and Traffic Commission, of Title 10, Vehicles and Traffic, of the Sonora Municipal Code; and
WHEREAS, the Commission was formed to deliberate on matters related to roadways and public parking in the City of Sonora (“City”); and
WHEREAS, the Commission is comprised of eight positions with current positions held by Mayor Ann Segerstrom, Councilmember Stephen Opie, Alternate Vice Mayor Andy Merrill, Police Chief Turu VanderWiel, the Fire Chief, Public Works Supervisor Mike Lagomarsino, a Vacant Planning Commissioner Representative, a Vacant Business at Large Representative, and a Vacant Resident at Large Representative; and
WHEREAS, the last Commission meeting was held on April 16, 2024; and WHEREAS, on August 18, 2025, the City Council, during a duly noticed regular meeting agenda item, discussed the dissolution of the Commission; and
WHEREAS, during that discussion, the City Council provided direction to staff to draft the necessary documents to dissolve the Commission; and
WHEREAS, the dissolution of the Commission will streamline City operations and reduce unnecessary bureaucracy; and
WHEREAS, the City Council now intends to dissolve the Commission through the repeal of Chapter
10.24 Parking and Traffic Commission, of Title 10 Vehicles and Traffic, of the Sonora Municipal Code.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SONORA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 10.24, Parking and Traffic Commission, of Title 10 Vehicles and Traffic, of the Sonora Municipal Code shall be repealed in its entirety and reserved.
SECTION 2. SEVERABILITY. If any section, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. The City Council of the City of Sonora hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, phrase, and word 93 Item C.
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thereof, irrespective of the fact that any one or more section(s), subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
SECTION 3. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its final passage and adoption, provided it is published in a newspaper of general circulation at least within fifteen (15) days after its passage or a summary of the Ordinance is published in a newspaper of general circulation at least five (5) days prior to adoption and again at least within fifteen (15) days after its passage.
This Ordinance was introduced at a regular meeting of the City Council of the City of Sonora, held on the _____ day of _____________, 2025, and given its first reading at said meeting. Said Ordinance was given a second reading at a regular meeting of the City Council held on ___ day of ____, 2025, and after such reading, Councilmember ______, who moved its adoption, seconded by Councilmember ____, said Ordinance was thereupon adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
______________________ _________________________
Tracy Skelly Ann Segerstrom
City Clerk, City of Sonora Mayor
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RESOLUTION 10-06-2025-C
A RESOLUTION OF THE CITY OF SONORA CITY COUNCIL DISSOLVING THE PARKS,
RECREATION, AND BEAUTIFICATION COMMITTEE
WHEREAS, Chapter V of the Sonora City Council Rules and Procedures authorizes the City Council to establish committees by ordinance or resolution; and WHEREAS, the Sonora City Council formed the Parks, Recreation, and Beautification Committee (“Committee”) to meet on an as-needed basis to address issues related to parks, recreation, and beautification within the City of Sonora; and
WHEREAS, current members of the Committee include Vice Mayor Andy Merrill, Councilmember Bess Levine, Alternative Councilmember Mark Plummer, Community Development Director Tyler Summersett, and Public Works Supervisor Mike Lagomarsino; and WHEREAS, the last recorded meeting of the Parks, Recreation, and Beautification Committee was held on November 6, 2023; and
WHEREAS, on August 18, 2025, the City Council discussed the dissolution of the Committee and provided direction to staff to prepare the necessary documents to dissolve the Committee; and WHEREAS, dissolution of the committee will streamline City operations and reduce unnecessary bureaucracy as City staff are well equipped to carry out the parks, recreation, and beautification duties of the Committee; and
WHEREAS, because the Committee is not codified in the Sonora Municipal Code, the City Council can dissolve the Committee by resolution; and
WHEREAS, any reference to the Committee in the Sonora Municipal Code will be removed by a separate ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sonora that the City Council of the City of Sonora does hereby dissolve the Parks, Recreation, and Beautification Committee.
PASSED AND ADOPTED by the City Council of the City of Sonora on this ___ day of __________, 2025.
AYES:
NOES:
ABSTAIN:
ABSENT:
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Ann Segerstrom
Mayor of the City of Sonora
ATTEST:
Tracy Skelly
Sonora City Clerk
RESOLUTION 10-06-2025-C
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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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Carlye Buchholz, P.E., P.L.S., City Engineer
SUBJECT: Consider Approval of the Solid Waste Franchise Agreement to California Waste Recovery Systems, LLC (Cal-Waste) for Subscription-Based Solid Waste, Recycling, and Green Waste Collection and Management Services.
RECOMMENDATION:
Consider Approval of the Solid Waste Franchise Agreement to California Waste Recovery Systems, LLC (Cal-Waste) for Subscription-Based Solid Waste, Recycling, and Green Waste Collection and Management Services.
BACKGROUND:
Effective solid waste collection is essential for maintaining public health, preventing pollution, and ensuring a clean and attractive environment. The average household generates between 60-90 gallons of trash, 30-60 gallons of recyclables, and 30-90 gallons of green waste per week. A well-managed waste collection system reduces illegal dumping, minimizes fire hazards, and controls pests, all of which contribute to a safer community.
As the City of Sonora (City) approaches the expiration of its current contract with Cal Sierra Disposal, a Waste Management (WM) Company, for solid waste (i.e., garbage and recyclables) collection, City staff have been evaluating ways in which to maximize the City’s benefits associated with solid waste management.
On July 22, 2025, the City issued a Request for Proposals (RFP) to solicit competitive bids and proposals for solid waste, recycling, and green waste collection and management services in the City.
On September 2, 2025, the City Council issued approval to negotiate with the highest-ranked proposer, California Waste Recovery Systems, LLC (Cal-Waste), for subscription-based sold waste, recycling, and green waste collection and management services.
On September 15, 2025, the City Council reviewed the negotiated rates proposed by Cal-Waste and provided direction to: (1) begin public outreach regarding the new contract; (2) proceed with the transition to Cal-Waste as the City’s solid waste provider; (3) authorize the City Administrator to negotiate additional service options; (4) initiate the Proposition 218 process; and (5) establish a dedicated fund to account for franchise fee revenues generated under the new agreement. Staff recommend naming this fund the Solid Waste Franchise Fund to ensure transparency and facilitate tracking of revenues associated with the contract. 110
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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 new contract with Cal-Waste will increase the franchise fee rate from 2% to 6% of gross revenues for garbage, recycling, and green waste services. This adjustment is projected to raise the City’s annual franchise fee revenue from approximately $50,000 to $148,000. The additional revenue will be deposited into the General Fund and will be available to support general municipal operations.
ATTACHMENTS:
Cal-Waste Solid Waste Franchise Agreement
Sonora Rates Addendum
County Occupied Properties
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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Franchise Agreement for Solid Waste, Recycling and Green Waste Collection Between the City of Sonora and California Waste Recovery Systems, LLC
This Franchise Agreement for Solid Waste, Recycling and Green Waste Collection ("Agreement") is entered into as of _________ 2025, by and between the City of Sonora, a California municipal corporation ("City"), and California Waste Recovery Systems, LLC, a California Limited Liability Company ("Franchisee"). The City and Franchisee may hereafter be individually referred to as a "Party'' or collectively referred to as the "Parties." There are no other parties to this Agreement.
RECITALS
A. Authorization under State and Local Law. Pursuant to state law (Cal. Pub. Res.
Code § 40059) and the City's Solid Waste Management Ordinance (City Code, Title 7), the City may generally determine the means and terms, including levels of service, charges and fees, and the conditions by which solid waste handling services are provided, and the City may enter into this Agreement to provide an exclusive franchise for solid waste handling services to Franchisee.
B. Public Health. Public health, safety, and well-being demand the orderly and periodic collection and disposal of solid waste from properties within City. The Solid Waste Management Ordinance establishes ordinances and procedures to provide for the storage, collection, and removal of all recyclables, garbage, rubbish, and waste materials generated or accumulated within the City. In addition to this Agreement, Franchisee must comply with any and all state regulations and local requirements, including collection frequency and schedule, container specifications and maintenance, truck maintenance and markings, safe operations, and inspections by the Local Enforcement Agency (“LEA”). The City may revise Title 7 of the City Code from time to time as required to protect the public health, safety, and welfare of the City.
C. 50% Waste Diversion I Commercial Recycling & Organics Diversion.
1. AB 939 Diversion Mandate: The Integrated Waste Management Act of 1989 (AB 939) mandates, among other things, that the City divert 50% of its waste from landfill disposal and implement its Source Reduction and Recycling Plan ("SRRE"); and
2. Mandatory Commercial Recycling & Organics Diversion: Since the passage of AB 939 the California Legislature has enacted other measures including, without limitation,
a. AB 32: increases State of California's recycling goal to 75%, sets goals to reduce greenhouse gases;
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b. AB 1826 Mandatory Organic Recycling: implements AB 32, reduces greenhouse gases by diverting materials from landfills; c. AB 341: Mandatory Commercial Recycling: multi-family residences and commercial businesses must recycle by themselves or by subscribing to services from a hauler;
d. City Reporting: AB 341 and AB 1826 require local governments to develop programs for the recycling of commercial and organic waste and report information on participation and diversion to CalRecycle; and
e. SB 1383 Organic Waste Methane Emissions Reductions: requires diversion of 75% of organic waste by 2025; implementation of greenhouse gas reduction goals.
D. Diversion Mandates. The City and the Franchisee have determined that entering into this Agreement will help the City comply with state law and economically provide for collection and recycling services for City residents, businesses, and property owners, as well as the periodic capital expenditures incurred by the Franchisee in order to provide such services.
E. Request for Proposals. On July 21, 2025 the City issued a Request for Proposal for Solid Waste, Recycling, and Green Waste Collection and Management Services (“RFP”), and F. Representations.
1. The Franchisee warrants that the company has the resources and capabilities to provide all services specified herein in a professional and reliable manner;
2. Both Parties find that entering into this Agreement is in the mutual interest of both the Franchisee and the City.
3. The City finds it is within the public interest to enter into this Agreement to fulfill AB 939 and the above-referenced statutory mandates.
4. This Agreement is predicated on the Franchisee using its best efforts for which the Franchisee is reasonably compensated hereunder to assist the City in meeting all statutory waste requirements for landfill diversion of solid waste and green waste.
NOW, THEREFORE, in consideration of the promises herein contained and other good and valuable consideration, the Parties agree as follows:
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AGREEMENT
ARTICLE 1 GENERAL PROVISIONS
1.01 DEFINITIONS
For purposes of this Agreement and any notice required hereunder, the following terms shall be construed as follows:
A. "AB 32”, “AB 939”, “AB 1826”, “SB 1383”, and "AB 341" shall mean those statutes enacted by the State of California which are commonly referred to by such titles and include significant mandates or goals affecting Solid Waste management in the state.
B. “Best efforts" shall mean serious and sizeable efforts that a reasonable person would take in the same (or similar) circumstances to meet its obligations. It will be presumed that the person intends to meet its obligations in honesty and good faith.
C. "Change in Control" of the Franchisee shall mean a change in the ownership or control of more than fifty percent (50%) of the voting stock of Franchisee (excluding transfers to revocable trusts).
D. “City” shall mean the City of Sonora, a California municipal corporation.
E. "Council" shall mean City's Council.
F. "Breach" is defined in Section 1.15.
G. “CC” or "Code" shall mean City Code of the City of Sonora.
H. "Days" shall mean calendar days.
I. "Effective Date" shall mean the date in which this Agreement shall commence, which is hereby deemed to be November 1, 2025.
J. "Franchisee" shall mean California Waste Recovery Systems, LLC.
K. “Green Waste” means any compostable materials including grass cuttings, weeds, leaves, prunings, branches, dead plants, brush, tree trimmings (under 3 feet in length and 6 inches in diameter).
L. "Including" shall mean "including, without limitation".
M. “Primary Recyclables" shall mean marketable glass containers, aluminum containers; plastic and tin containers, cardboard, newspapers, mixed paper, telephone books, and magazines. This definition may be modified by the parties in the manner described in the definition of Recyclable Materials herein.
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N. "Reasonable Business Efforts" means effective efforts that a prudent business person would make under the same (or similar circumstances) using its business judgment. It will be presumed that the person intends to meet its obligations in honesty and good faith.
O. "Recycle" shall mean the disposition of the materials in such a manner that will qualify as diversion of Solid Waste within the meaning of Public Resources Code Section 41780, et seq.
P. "Recyclable Materials" or "Recyclables" are those materials which may be collected, processed, and reused including, but not limited to, newspaper, mixed paper (including, but not limited to, white and colored paper, magazines, telephone books, chipboard, junk mail, and high grade paper), glass bottles and jars, metal cans (ferrous, non-ferrous, and bi-metal containers, including empty aerosol containers), aluminum foil and trays, all narrow neck rigid plastic containers, non-bottle rigid plastics, corrugated cardboard, and other materials that may be collected and processed for reuse by the Franchisee.
The City and the Franchisee may adjust this definition from time to time temporarily, or for such longer period as the Parties may decide, to include additional materials or remove materials on this list and the parties shall adjust the definition in the event of a change in the ability (other than a change which is expected to be temporary) of the Franchisee to sell or otherwise transfer the material to a third party for beneficial reuse.
Q. "Solid Waste" shall mean all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, construction and demolition wastes, discarded home and industrial appliances, manure, vegetable or animal solid and semi-Solid Wastes, and other organic waste, including organic waste not defined as Green Waste, food waste and other discarded solid and semi-solid wastes as defined in California Public Resources Code Section 40191, as that section may be amended from time to time, but does not include source-separated Recyclable Materials, abandoned vehicles and parts thereof, and materials that cannot be disposed of in Class II landfills.
R. "Uncontrollable circumstances" is defined in Section 1.15.
1.02 INTERPRETATIONS AND EFFECTIVENESS OF AGREEMENT
A. Headings. The headings set forth in this Agreement are for ease of reference only and shall not be construed to modify, limit, or restrict the provisions contained in one, or all, of the sections of this Agreement.
B. Entire Agreement. This Agreement, together with any attachments, constitutes the entire agreement between the City and the Franchisee and supersedes all prior negotiations, representations, or agreements, whether written or oral.
C. Procedure for Amendment, Modification, Extension, or Renewal. If, during the term of this Agreement, as defined discussed in Section 1.03, there are statutory, regulatory, or other changes that significantly affect the services provided by the Franchisee pursuant to this Agreement or the cost thereof, the terms of this Agreement shall be subject to the rate adjustment protocols provided herein, upon initiation by either Party in accordance with the extraordinary 115
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review provisions of Section 3.03. Any change, amendment, modification, extension, or renewal shall be in writing and shall be executed by duly-authorized representatives of both the City and the Franchisee.
D. Implementation Schedule. All services provided by this Agreement shall be implemented by the Franchisee on the Effective Date. Unless otherwise specified herein, any new requirements agreed to by the Parties in writing after the Effective Date shall be fully implemented within six (6) months from the written agreement providing therefor. 116
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1.03 TERM
A. Commencement. All rights, privileges, obligations and duties granted and mandated under this Agreement shall commence on the Effective Date.
B. Expiration. This Agreement shall expire on November 1, 2033 unless it is terminated earlier pursuant to Section 1.17 below; or extended pursuant to Subsection 1.03.C below.
C. Extension:
1. Long-term. Within two (2) years of the expiration of the Agreement, the Franchisee may request an eight-year extension of the Agreement, twice, for a total of sixteen (16) years. Such request must be submitted more than six months prior to the expiration of the Agreement. The City shall approve such request if the City reasonably determines that the Franchisee is not in default or breach hereunder and the City finds, in its reasonable discretion, that the Franchisee has provided satisfactory services to the City.
2. Short-term: Provided the City is not in default or breach hereunder, the City may extend this Agreement at its sole discretion for up to six (6) months, in any increment of time or times, upon giving Franchisee one (1) months' notice before any such extension is to take effect.
For example, the City could extend this Agreement for one six (6) month extension; or for two three-month extensions, or for only one two-month extension.
1.04 INDEPENDENT CONTRACTOR
In its performance under this Agreement, the Franchisee is and shall be considered an independent contractor and not an agent or employee of the City. The Franchisee, not the City, will make arrangements with customers for services, and the City will not direct or supervise the Franchisee's performance of services. The Franchisee, its officers, officials, staff, employees, and agents shall not be entitled to salary, pension, health, or retirement benefits provided by the City.
1.05 REPRESENTATIVE AND NOTICE
Each Party shall designate an officer, employee, or other authorized representative to act on that Party's behalf with respect to this Agreement. This representative shall be available between 8a.m. and 5p.m., Monday through Friday, excluding City holidays, and as often as may be required to render decisions and to furnish information in a timely manner. Each Party has the right to change its representative at any time provided that a Party wishing to change its designated representative shall endeavor to notify the other Party in writing not less than ten (10) days before making any such change. Any notices of breach, default, or termination (''Notices") must be made in writing to the addresses listed below.
At the time this Agreement is executed, the Parties' designated representatives shall be as follows:
Franchisee:
City:
Casey Vaccarezza, California Waste Recovery Systems, LLC Melissa Eads, City Administrator
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All Notices shall be deemed to have been given when made in writing and delivered or mailed to the respective representatives of either the City or the Franchisee at their respective addresses as follows:
To Franchisee: California Waste Recovery Systems, LLC
175 Enterprise Ct STE A,
Galt CA 95632
Attn: Casey Vaccarezza
Copy To: Jasun Molinelli, Esq.
Jackson Legal
1630 N. Main St. #83
Walnut Creek, CA 94596
To City: City of Sonora
94 N. Washington St.
Sonora, CA 95370
Attn: Melissa Eads, City Administrator
Copy To: White Brenner LLP
1608 T Street
Sacramento, CA 95811
Attn: Douglas L. White, City Attorney
Either Party may change the address to which such communications are to be given by providing the other Party written notice of such change at least ten (10) days prior to the date of the change.
All Notices shall be effective upon receipt. Notices shall be deemed received upon delivery if served in person or, if sent by first class mail, on the fifth day following deposit in the mail.
1.06 PARTIAL INVALIDITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, all remaining and severable portions of this Agreement shall continue in full force without being impaired or invalidated in any way.
1.07 WAIVER
The waiver by the City or any of its officers, agents, or employees or the failure of the City or its officers, agents, or employees to take action with respect to any right conferred by, or any breach of any obligation or responsibility of this Agreement shall not be deemed to be a waiver of such obligation or responsibility, or subsequent breach of same, or of any terms, covenants, or conditions of this Agreement.
1.08 PUBLIC LIABILITY AND PROPERTY DAMAGE, INSURANCE
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maintain Comprehensive General Liability Insurance, Workers' Compensation and Employers' Liability insurance as required by the State of California, and Automobile Liability Insurance. The City may review and require certain coverage amounts and other policy requirements and the Franchisee shall thereafter modify the insurance coverages and policies in accordance with the City's requirement if such modifications are commercially available. If the Franchisee incurs material additional costs asthe result of the City-directed modifications, itshall be able to recover such additional costs as part of the annual or an extraordinary rate adjustment. The City may request confirmation from the Franchisee's insurance agent that the additional costs are due to the City-directed modifications and not due to the claims record, actions, or inactions of the Franchisee. The Comprehensive General Liability insurance shall include broad form property damage insurance. The limits of such insurance shall be no less than $1,000,000 per occurrence / $2,000,000 in the aggregate for the Comprehensive General Liability Insurance, $1,000,000 for the Workers' Compensation I Employers' Liability insurance per accident for bodily injury or disease, and $1,000,000 combined single limit for each accident for the Automobile Liability Insurance.
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A. The following requirements apply to all insurance to be provided by the Franchisee:
1. Coverage shall be by an admitted California surety.
2. Said policies shall remain in force through the life of this Agreement and shall be payable on a "per occurrence" basis.
3. The City, its elected representatives, officers, agents, employees, contractors, and volunteers shall be named as additional insured.
4. Any deductibles or self-insured retentions must be declared to and are subject to the approval of the City's representative.
5. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled by either Party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail (return receipt requested) has been given to the City's representative.
6. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-: VII, unless otherwise approved by the City's representative.
7. Any insurance maintained by the City shall apply in excess of, and not contribute with, insurance provided by the Franchisee's liability insurance policy.
B. Prior to commencing services pursuant to this Agreement, the Franchisee shall furnish the City's representative with original endorsements reflecting coverage required by this Agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received by and are subject to the approval of the City's representative before work commences.
C. During the term of this Agreement, the Franchisee shall furnish the City's representative with original endorsements reflecting renewals, changes in insurance companies and any other documents reflecting the maintenance of the required coverage throughout the entire term of this Agreement. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf.
D. The Franchisee shall provide Workers' Compensation coverage as required by state law and shall, prior to commencing services pursuant to this Agreement, file the following statement with the City's representative in a form substantially as set forth below:
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WORKERS' COMPENSATION CERTIFICATE
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing any services required by this Agreement. The person executing this certificate on behalf of the Franchisee affirmatively represents that he orshe hasthe requisite legal authority to do so on behalf of the Franchisee and both the person executing this Agreement on behalf of the Franchisee and the Franchisee understand that the Cityisrelying on thisrepresentation in entering in this agreement Full Name:
Title
Signature:
Date:
E. The City's approval of the Franchisee's insurance shall not relieve or decrease the extent to which the Franchisee may be held responsible for payment of damages resulting from the Franchisee's services or operations pursuant to this Agreement.
1.09 INDEMNIFICATION
The Franchisee agrees to and shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees and agents ("City Agents") from and against any and all damages (whether special, general, or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings, or suits (whether administrative or judicial), in law or in equity, of every kind and description (including, but not limited to, injury and death of any person and damage to property, strict liability, product liability, or for contribution or indemnity claimed by third parties), arising or resulting from or in any way connected with: (i) the Franchisee and its agents, employees, affiliates, and subcontractors in performing or failing to perform any material obligation pursuant to this Agreement; (ii) any failure of the Franchisee, its agents, employees, affiliates, and subcontractors to comply in all respects with any federal or state laws, local ordinances, administrative regulations, permits, or licenses; and (iii) any negligent, grossly negligent, or intentional acts or omissions of the Franchisee, its officers, employees, agents, affiliates, and subcontractors in performing the services under this Agreement. The obligations of the Franchisee under this section 1.09 shall not apply to the extent and proportion in which the event giving rise to the City's claim for indemnification is caused by the gross negligence or willful misconduct of the City.
The Franchisee's indemnity obligations shall also include defense against (1) any and all fines or penalties imposed on the City by an agency of the State of California if any waste diversion goals are not met by the City with respect to the Solid Waste collected by the Franchisee under this Agreement, provided that Franchisee shall be entitled to reimbursement for any costs of such defense, if Franchisee is not in default hereunder, and such reimbursement shall not be paid by the City; and (2) any claims involving Franchisee's handling of hazardous waste, either knowingly or under circumstances in which a reasonable person would orshould have known that hazardous waste was being handled.
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If the defense right is exercised, the City Council shall have the absolute right to approve any and all counsel reasonably employed to defend the City. To the extent the City uses any of its resources to respond to such claim, action or proceeding, or to assist the defense, the Franchisee will reimburse the City upon demand if the claim involves any allegation of default hereunder against the Franchisee. Such resources include, but are not limited to, staff time, court costs, City Counsel's time at its regular rate for non-City agencies, or any other direct or indirect cost associated with responding to, or assisting in defense of, the claim, action, or proceedings.
1.10 REPRESENTATIONS
A. Covenant Against Contingent Fees. The Franchisee represents that it has not employed or retained any company or person, other than a bona fide employee working for the Franchisee, to solicit or secure this Agreement, nor has it paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement.
For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, at its discretion, to otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
B. Pending Actions. The Franchisee represents that there are no suits or threatened suits which might impair the financial or legal ability of the Franchisee to perform its obligations under this Agreement and that by its entering into this Agreement, the Franchisee will not in any way constitute a breach of any other agreement entered into by the Franchisee with other parties, or constitute a violation of any law.
1.11 NON-DISCRIMINATION
The Franchisee will not discriminate against existing or potential customers based on color, race, creed, national origin, religion, sex, age, sexual preferences; or physical or mental disability in accordance with all applicable federal, state and City laws and regulations. For the purpose of this Agreement, distinctions on the grounds of color, race, creed, national origin, religion, sex, age, sexual preferences, or physical or mental disability include, but are not limited to, the following:
denying a participant any service or benefit or providing any service or benefit which is different, or is provided in a different manner or is provided at a different time from that provided to other participants under this Agreement.
1.12 EQUAL EMPLOYMENT
The Franchisee shall not refuse to hire, employ, nor bar or discharge from employment, or otherwise discriminate against any person in compensation, or in terms or conditions of employment because of age, gender, race, creed, color, national origin, disability, religious or political affiliation or belief.
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1.13 PUBLIC RECORDS ACT
Upon its execution, this Agreement, including all exhibits and attachments, shall be subject to disclosure upon any request by the public, pursuant to the California Public Records Act.
1.14 APPLICABLE LAWS AND VENUE
A. In the performance of the services required by this Agreement, the Franchisee shall comply with all applicable federal, state, and localstatutes, ordinances, regulations, directives, and laws. Violation of City ordinance or code shall be considered a violation of this Agreement.
B. This Agreement shall be deemed to be executed within the State of California and construed in accordance with and governed by the laws of the State of California. The Franchisee and the City expressly stipulate that this Agreement is entered into and is to be performed in City and, therefore, venue shall be in County of Tuolumne.
1.15 BREACH
A. "Breach" means any failure by the Franchisee to meet one or more of its obligations under this Agreement.
B. Cure. The Franchisee must cure any remediable breach as soon as possible, but in any event within seven (7) days following Notice by the City, unless the cure reasonably takes longer than seven (7) days, in which event the Franchisee shall be given additional time to cure provided that it commences such cure as soon as is practicable and continues its best efforts to cure. Unless otherwise agreed by the Parties, no cure period shall extend for more than six (6) months from the City Notice.
1. Examples of remediable breaches include missing a customer collection, customer billing errors, and submitting late reports.
2. Examples of irremediable breaches are actions that cannot be undone (or unsaid), or omissions that can no longer be addressed, such as unjustified disposal of Recyclable Materials, fraud, misrepresentation, and breach of warranties.
C. Liquidated Damages. Pending the Franchisee's cure of any breach, the City, acting through its City Administrator, may impose liquidated damages pursuant to Section 1.16. If the City imposes liquidated damages, the Franchisee must pay liquidated damages within ten (10) days after the end of any month in which such damages have been assessed, although the Franchisee may contest whether the payment of such damages was justified under the procedures outlined in this section.
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24 hours. The Franchisee must describe the nature of the uncontrollable circumstance and what it plans to do in response to the uncontrollable circumstance. "Uncontrollable Circumstances" means events or circumstances which are beyond the control of the Franchisee and which materially hinder the Franchisee's ability to perform its services hereunder, or which cause a material adverse effect on the Franchisee's costs or revenues (provided that in such event, the Franchisee must use reasonable efforts to mitigate such material adverse effect), including an event or circumstance described in Section 6.03 hereof, a Change in Law and also including, without limitation the following:
1. riots, war, or emergency affecting the City declared by the President of the United States, Congress of the United States, the Governor of California, or the City Council;
2. sabotage, civil disturbance, insurrection, explosion;
3. natural disasters such as floods, earthquakes, landslides, and fires that are not reasonably anticipated weather conditions in the City;
4. a change in law as defined below except for a change in law that meets both of the following conditions:
a. It is enacted by the City (including the City's change in franchise fees); and
orstate law.
b. The City is not required to enact it in order to comply with federal
5. the failure of any public or private utility provider to provide water or electricity to the Franchisee office or maintenance facility. "Uncontrollable Circumstances" specifically excludes:
1. Strikes, lockouts, and other labor disputes;
2 Increased fuel costs;
3. Damaged, broken, or otherwise inoperable equipment, such as trucks;
4. Termination of the Franchisee's agreements for services or goods by service provider or vendor;
5. Communication error, such as misaddressed email or letter. 'Change in Law" means any or all of the following that relate to services under this Agreement:
1. the adoption, promulgation, modification, or change in law (including the City's change in or addition of franchise fees) or in judicial or administrative interpretation of the law occurring after the franchise date, except with respect to the following:
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a. income or business taxes,
b. employment or payroll taxes, or
c. franchise fees (other than franchise fees levied by the City); or
2. any order or judgment of any regulatory authority issued after the franchise date if both of the following conditions are met:
a. the order or judgment is not also the result of the willful misconduct or negligent action or inaction of either of the following:
1. the Party relying thereon, or
11. anyone for whom that Party is directly responsible; and b. the Party relying on the order or judgment makes reasonable business efforts to contest that order or judgment, unless the other Party excuses it from contest; or
3. a regulatory authority imposes any new or different material conditions in connection with the issuance, renewal, or modification of any permit after the franchise date; or franchise date:
4. a regulatory authority does either or both of the following after the a. fails to issue or renew permit,
b. suspends, interrupts, or terminates any permit and the regulatory authority's actions is not also the result of the willful misconduct or negligent action or inaction of either or both of the following:
1. the Party relying thereon, or
11. anyone for whom that Party is directly responsible.
The following breaches are not subject to Uncontrollable Circumstances:
1. Payment of Money: Failure to pay the City any amounts under this Agreement within thirty (30) days of the City's request, including the payment of franchise fees;
2. Violation of Law: Material violations of law that the Franchisee does not remedy within thirty (30) days, or repeated violations of any law;
3. Maintain Insurance: Failure to meet one or more obligations with respect to insurance or performance bond under this Agreement;
4. Insolvency or Bankruptcy: (a) Franchisee becomes insolvent or files a voluntary petition to declare bankruptcy, (b) a receiver or trust is appointed for Franchisee; or (c) Franchisee executes an assignment for the benefit of creditors.
Franchisee is deemed to be "insolvent" if it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not Franchisee has committed an act of bankruptcy and whether or not Franchisee is insolvent within the meaning of the federal bankruptcy law or not.
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The Franchisee shall notify the City as soon as the Franchisee has reasonable grounds or suspicions of any insolvency issues that may arise.
5. Fraud, Misrepresentation, Breach of Warranties: During the procurement of this Agreement or after the date of this Agreement, Franchisee does any of the following with respect to this Agreement or the City: (a) committed, or commits or attempts to commit, any fraud or deceit; (b) made, or makes, any intentional or material misrepresentations; (c) breaches any warranties; or (d) made, or makes, any false or misleading statement, representation, or warranty.
E. Remedies. If the City determines that a dispute is irremediable, not subject to Uncontrollable Circumstances, or not timely cured, it may exercise any or all remedies under at law or equity (including injunctive relief) in its sole discretion, unless the breach was due to Uncontrollable Circumstances. If the City determines in its sole discretion that the Franchisee has repeatedly breached this Agreement, whether or not the Franchisee has previously cured a specific instance of breach, the City may also exercise those remedies.
F. Disputes. The Franchisee acknowledges that providing services under this Agreement is a matter of protecting public health, safety, and the environment. The Franchisee shall therefore continue providing all services set forth pursuant to this Agreement pending the resolution of any disputes.
The Franchisee may dispute whether or not a breach occurred under the Agreement, or was remediable, cured, or subject to Uncontrollable Circumstances. It may also dispute whether or not the imposition of liquidated damages was justified. The Franchisee must describe its dispute and ask the City to hold a hearing. At least seven (7) days prior to the date scheduled for the hearing, the City's representative shall notify the Franchisee of the time and place for the hearing.
At the hearing, the City's representative shall hear any persons interested or concerned with the alleged breach. He or she shall determine whether or not the Franchisee's dispute is valid. If the City's representative determines the dispute is valid, the City will take appropriate action such as withdrawing its notice of the alleged breach or repay liquidated damages.
The Franchisee may appeal the decision of the City's representative to impose liquidated damages to the City by filing a written appeal with the clerk of the City Council. To be considered, such appeal shall be submitted within ten (10) days of the decision that upheld the liquidated damages and shall set forth the particular errors alleged to have been made by the City's representative. The City Council shall commence the hearing of the appeal within 45 days of the filing of the appeal.
On appeal, the standard of review shall be whether there is substantial evidence on the record of the proceedings before the City's representative that supports the decision of the City's representative. The City Council shall affirm or deny the appeal and may modify any action by the City's representative.
G. Late Fees. If the Franchisee fails to make a payment due the City hereunder by the date on which such payment is due, and the Franchisee shall not reasonably dispute the amount or justification for such payment, it shall pay to the City a late fee equal to one percent (1%) of the amount past due for each month or partial month by which the payment is late. For the 126
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avoidance of doubt, for example, if the payment is due on the first of a month and it is received by the last day of the month, the late fee shall be 1%. If it is received on the first day of the succeeding month, the late fee shall be two percent (2%) etc.
H. Dispute Resolution
1. Independent Expert. The Franchisee and the City shall agree upon an independent expert by exchanging a list of three (3) candidates that have experience in solid waste management within five (5) days of either Party requiring dispute resolution. The candidate that appears highest on both lists is the independent expert. If the lists do not contain the same candidate, then the City and the Franchisee will each appoint a professional that has experience in solid waste management to select the independent expert within ten (10) days of appointment.
The independent expert shall not have been retained by either the City or the Franchisee within five (5) years of his or her appointment. The Parties shall split the cost of the independent expert but such costs may be recovered through an augmentation to the rate increase otherwise arrived or in any other manner agreed upon by the Parties.
2. Consideration and Resolution. The City and the Franchisee must give the independent expert with any additional information they wish the expert to consider within fifteen (15) days of either Party's request for dispute resolution. The independent expert will consider the information that the Franchisee gave the City and any additional information and meet with either or the City and the Franchisee together. The independent expert may request additional information, which Parties must provide within ten (10) days of request. Within forty-five (45) days after being requested to resolve the dispute, the independent expert will issue a written resolution to both Parties, including the adjusted rate, if any.
REQUESTS FOR CHANGES IN
SPECIFICATIONS /RATES
SCHEDULE
1. Franchisee proposal or City request Day 1
2. Franchisee provides the City with
information
Within 30 days after Day 1
3. The Franchisee provides the City
additional requested information
Within 10 days after City request (40 days
total)
4. City consideration, Party negotiations
Within 30 days (70 days total)
5A. Parties reach agreement and the
Franchisee implements changes as proposed
5B. Parties do not reach agreement:
(1) The Franchisee or the City requires
dispute resolution by independent expert and
provide record of requests/responses; or
(2) The City arranges for 3
rd party to provide
requested change
6. The Franchisee or the City give
independent expert additional information
Within 15 days from request for dispute
resolution/ 5B (85 days total)
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7. Independent expert considers submissions
and meets with the City and the Franchisee,
together; issues resolution
Within 45 days from request for dispute
resolution (130 days total)
8. (1) if binding...
(2) if non-binding ...
(1) ... The Franchisee implements changes
and the City makes rate changes per the
resolution; or
(2) ... Either the City or the Franchisee
may terminate this Agreement within 60
days or other mutually agreed date
1.16 LIQUIDATED DAMAGES
The Parties agree that in the event that the Franchisee violates the provisions of Title 7 of the City Code, or any other applicable law, or the terms of this Agreement, the resulting damages will be impracticable or extremely difficult to determine. Subject to the procedures set forth below, the Parties agree that the Franchisee shall pay liquidated damages up to $100.00 per day per customer or per occurrence, as reasonably determined by the City in its sole and absolute discretion, for any of the following:
A. For substantial failure by the Franchisee to provide Solid Waste collection service within its franchise area as required herein or to comply with the provisions of the City Code; B. The Franchisee has offered to assign or has assigned, either voluntarily or by operation of law its rights and obligations under this Agreement without the prior consent of the City for any assignment or transfer;
C. For failure by the Franchisee to maintain an office or keep the office open, or to maintain a local telephone number for calls within the franchise area, or to maintain a log of customer complaints, as required by this Agreement; or
D. For charging or collecting rates not approved by the City for any service subject to this Agreement.
E. The Director of Public Works finds that the vehicles or other equipment used or proposed to be used by the Franchisee for the collection and transportation of refuse are insufficient, unfit, or violate the provisions of City Code Title 7 or the regulations adopted in accordance with City Code Title 7 provided that in such event, the Franchisee shall have a reasonable time to replace said vehicles or equipment before imposition of liquidated damages.
F. If the City gives Notice to the Franchisee of its intent to impose liquidated damages, the Franchisee shall have the right to contest such imposition at a hearing in the same manner as set out in Section 1.15.F above. The Franchisee shall continue to perform services pursuant to this Agreement pending the resolution of such dispute.
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G. Any liquidated damages imposed pursuant to this section shall be in addition to any other penalties or remedies otherwise provided by law or in accordance with this Agreement, including termination of the Agreement as provided in Section 1.17 below.
1.17 TERMINATION
A. All terms and conditions of this Agreement are material and binding. Failure by either Party to perform in accordance with this Agreement, or in accordance with any covenants and conditions described herein, shall be considered a breach of this Agreement.
B. In the event Franchisee breaches this Agreement in any manner and Franchisee fails to remedy said breach pursuant to Section 1.15, the City Administrator may terminate this Agreement upon providing further written notice. If the City, acting through its City Administrator, terminates this Agreement pursuant to this Section 1.17, the Franchisee shall thereafter have no further rights, powers, or privileges against the City under or arising out of this Agreement. The provisions of this section shall not be exclusive but shall be cumulative and in addition to any other remedies provided herein or pursuant to law.
C. In the event the City gives notice of termination to the Franchisee as provided herein, the Franchisee shall have the right to a hearing in the same manner as set out in Section
1.15.F above and no termination shall be effective in such event until and unless the City shall have ratified the decision of the City Administrator to terminate the Agreement.
D. If this Agreement is terminated prior to its expiration, the exclusivity provisions of this Agreement shall be of no further force and effect.
1.18 FAITHFUL PERFORMANCE BOND OR LETTER OF CREDIT
The Franchisee shall provide to the City within ten (10) business days after execution of this Agreement, but in no case later than November 11, 2025, a cash or surety bond or an irrevocable letter of credit issued in an amount not less than $10,000 provided by: (a) a bond or surety company with a best rating of "A" or better and licensed to do business in the State of California; or (b) a letter of credit, by a qualified financial institution reasonably acceptable to the City, conditioned upon the full faithful performance of all covenants and conditions of this Agreement and any extensions or amendments thereto and Title 7 of the City Code. Said surety bond or letter of credit, including the terms for drawing on same, must be approved by the City prior to the performance of any work under this Agreement.
1.19 ADMINISTRATIVE FEE
The Franchisee shall provide to the City, within ten (10) business days after the execution of this Agreement, payment of Ten Thousand Five Hundred Dollars ($10,500) to cover the City's administrative and legal costs in preparing this Agreement. 129
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1.20 NOTICE OF FEDERAL ENFORCEMENT
The Franchisee shall promptly notify the City within thirty (30) calendar days of any involvement in state or federal enforcement actions or alleged regulatory violations.
1.21 INTEGRATED AGREEMENT
The Agreement contains all of the agreements of the Parties and all previous understandings, negotiations, and agreements are integrated into the Agreement.
1.22 SEVERABILITY
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement are declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties herein.
1.23 COUNTERPARTS
This Agreement may be executed simultaneously and, in several counterparts, each of which shall be deemed an original, but which together shall be deemed one and the same instrument.
1.24 AUTHORITY
All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.
1.25 DOCUMENT PREPARATION
This Agreement will not be construed against the Party preparing it, but will be construed as if prepared by all Parties.
1.26 ADVICE OF LEGAL COUNSEL
Each Party acknowledges that it has reviewed this Agreement with its own legal counsel and based upon the advice of that counsel, freely entered into this Agreement.
1.27 ATTORNEY’S FEES AND COSTS
If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action, or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled. 130
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ARTICLE 2. SOLID WASTE COLLECTION FRANCHISE
2.01 GRANT OF FRANCHISE
A. Pursuant to Ciy Code Title 7 the City hereby grants to the Franchisee an exclusive franchise to collect Solid Waste, Recycling and Green Waste Solid Waste from residential, commercial, and industrial premises within the City limits, from those customers who request such collection services and who choose not to self-haul.
B. Such grant of franchise shall also give the Franchisee the right and privilege to operate Solid Waste and recyclable collection vehicles and equipment on such streets, public ways, rights-of-way, or easements of the City.
2.02 EXCLUSIVITY
A. The City will not grant another franchise for Solid Waste, Recycling and Green Waste Collection and hauling from residential, commercial, and industrial customers prior to the expiration or termination of this Agreement.
B. Recycling centers shall be allowed under this Agreement within the City's jurisdiction for use by residents and businesses that deliver recyclables thereto themselves or using their own employees, provided that the City shall prohibit commercial haulers other than the Franchisee from hauling recyclables or delivering recyclables to recycling centers.
C. To the extent allowable by law, the Franchisee shall have the exclusive right to provide curbside recycling for its Solid Waste collection customers.
D. Exceptions to Exclusive Rights:
1. Donated recyclables.
2. Solid Waste which is removed from any premises and which is transported personally by the owner or occupant of such premises (or by his or her employees) in their own vehicle to any permitted processing or disposal site.
3. Removing and transporting materials related to sales or purchases by the owner or occupant of residential, commercial, or industrial premises, such as appliances or furniture by the seller of such items as part of the sales transaction.
4. Solid waste generated on a residential, commercial, or industrial premises by a property management, maintenance, or cleanup service such as a tree trimmer, gardener, or 131
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landscaping service provider and removed by such entity in a fixed body vehicle as an incidental part of the total on-property cleanup or maintenance service offered by the service provider rather than as a hauling service.
5. School districts, the State of California, and any other entity excluded by law from franchise requirements.
6. Tuolumne County-occupied facilities within City limits. The exclusive right of collection and disposal of solid waste is hereby waived for Tuolumne County-occupied facilities within City limits. A list of County-occupied facilities is attached hereto and incorporated herein as Exhibit C.
E. Once Solid Waste and Recyclable Materials are placed at the curbside or elsewhere for collection by the Franchisee, they are the property of the Franchisee.
2.03 FRANCHISE FEES
In consideration of the City's grant of exclusive rights under this Agreement to the Franchisee, the Franchisee shall pay to the City a franchise fee in the amount of six percent (6%) of the Franchisee's annual gross collection revenues received by the Franchisee from all residential and commercial accounts within City limits. The Franchisee shall pay such fees to the City within forty-five (45) days after the end of each calendar quarter. The franchise fee is an obligation of the Franchisee, not any of the Franchisee's customers, and is part of the Franchisee's cost of doing business.
2.04 RECYCLING REVENUE SHARE
An initial Recyclable Base amount of Ninety-Five Thousand Dollars ($95,000) has been allocated for Commercial rate reduction in the initial service rates.
Beginning with calculations for the rates effective November 1, 2026, this initial Recyclable Base Amount shall be adjusted annually using the methodology in Article 3. This adjusted Recyclable Base Amount shall be used to compute the City’s Recycling Revenue Share.
Franchisee shall pay to the City on an annual basis (measured July to June) an amount equal to ninety percent (90%) of the revenues exceeding the Adjusted Recyclable Base Amount that are received from the sale of Recyclable Materials collected by the Franchisee in performance in this Agreement. Franchisee shall be entitled to retain the remaining ten percent (10%) of such revenues. Franchisee shall pay the City no later than December 31st of each year.
In the event that the City’s share of the revenues received from the net sale of Recyclable Materials is less than the Recyclable Base Amount in any calendar year, Franchisee shall bear the cost of reaching the applicable minimum Recyclable Base Amount and shall not request an adjustment in the rates contemplated in Article 3 to reflect the difference.
However, if the City’s share of the revenues received from the net sale of Recyclable Materials is less than the Recyclable Base Amount in two calendar years, City and Franchisee shall meet and confer about potential amendments to the Agreement.
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2.05 TERM OF FRANCHISE
Franchisee's rights, privileges, obligations, duties and exclusive franchise shall run concurrently with the term of this Agreement.
2.06 ASSIGNMENT
A. Transfer. In no event shall this Agreement or Franchisee's exclusive franchise be sold, transferred, leased, assigned, mortgaged, pledged, hypothecated, or otherwise encumbered or disposed of (for the purposes of this Section 2.07, a "Transfer"), in whole or in part, directly or indirectly, whether voluntarily or by operation of law, or through any stock transfer, transfer in trust, Change in Control, consolidation, or merger of any company or corporation, without the prior written consent of the City. The City may grant or deny such a request and may impose such conditions as it may deem to be in the public interest. Any attempted disposition made without such consent shall be void. The City in its discretion may transfer the Agreement to any public entity provided that such entity shall have all the powers necessary to carry out the obligations of the City hereunder. Notwithstanding the other provisions of this section 2.07, the provisions of this section shall not apply to a Transfer which does not result in a Change in Control of the Franchisee.
B. The Franchisee shall notify the City's representative in writing forty-five (45) days in advance of any proposed assignment, sale, subcontract, or transfer or of any Change in Control or ownership of the Franchisee. In the event that the City approves of any assignment, sale, subcontract, or transfer, said approval shall not relieve the Franchisee of any of its obligations or duties under this Agreement unless this Agreement is modified in writing to that effect.
C. If the Franchisee requests the City's consideration of and consent to an assignment, the City may deny or approve such request at its sole discretion. The City will not unreasonably withhold its consent to any assignment, sale, subcontract, or transfer. However, the Franchisee acknowledges that this Agreement involves rendering a vital service to City residents and businesses and that the City is concerned about the possibility that assignment could result in significant changes in the quality of service. Accordingly, the following standards have been set to ensure that assignment will result in continued quality service. No request by the Franchisee for consent to an assignment need be considered by the City unless and until the Franchisee has met the following requirements:
1. The Franchisee shall undertake to pay the City its reasonable expenses for attorney's fees and investigating the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment;
2. The Franchisee shall furnish the City with audited financial statements of the proposed assignee's operations for the immediately preceding three (3) operating years;
3. The Franchisee shall furnish the City with satisfactory proof:
a. That the proposed assignee has at least ten (10) years of Solid Waste management experience on a scale equal to or exceeding the scale of operations conducted by the Franchisee under this Agreement;
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b. That in the previous five (5) years, the proposed assignee or affiliates has not suffered any significant citations or other censure from any federal, state, or local agency having jurisdictions over its waste management operations due to any significant failure to comply with state, federal, or local environmental laws and that the assignee has provided the City with a complete list of such citations and censures;
c. That the proposed assignee has, at all times, conducted its operations in an environmentally-safe and conscientious fashion as determined by the City; d. That the proposed assignee conducts its Solid Waste management practices in accordance with sound waste management practices in full compliance with all federal, state, and local laws regulating the collection and disposal of Solid Waste, including hazardous wastes; and
e. Of any other information required by the City to ensure the proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner.
Under no circumstances shall the City be obliged to consider any proposed assignment by the Franchisee if the Franchisee is in default at any time during the period of consideration.
ARTICLE 3. CUSTOMER RELATIONS
3.01 SERVICE RATES
A. Rates for Solid Waste and Recycling Collection. A rate schedule is attached hereto and incorporated herein as Exhibit A, which specifies the rates that Franchisee may charge customers within City limits for services provided pursuant to this Agreement, commencing on the successfully completion of any necessary Proposition 218 proceedings. The Franchisee shall charge City customers according to the rate schedule shown on Exhibit A until the City successfully completes any additional and necessary Proposition 218 proceedings. City customer charges shall include tipping fees and all other costs attributable to the services. In no event shall Franchisee charge any City customer an amount that exceeds the rate schedule shown on Exhibit A, unless such charges are memorialized by an amendment to Exhibit A, as approved by the City Council.
B. City Services. Franchisee agrees to provide services free of charge to the City in accordance with Section 5.05 below, and Exhibit B.
C. Fees, Adjustment. Any adjustment in fees for services that the Franchisee provides, either directly or indirectly, shall be determined and adjusted pursuant to this Agreement and approved in advance by the City Council. The Franchisee shall notify the City, and request an amendment to this Agreement by the City Council, in the event an unplanned rate increase is needed.
D. Unpaid Rates and Franchisee Billing Practices. The Parties acknowledge that the Franchisee's revenues pursuant hereto are derived from rates charged customers within the City.
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City shall have no responsibility in the enforcement of collections. The Franchisee may develop and apply standard business practices for payment collection methods, credit card fees, lien rights, and other generally acceptable billing methods.
E. Development of Low-Income Program. The Franchisee and the City shall jointly develop a low-income rate assistance program, to provide up to a ten percent (10%) discount on monthly rates to very low-income residential customers within the City. Very-low income residential customers may be defined as customers with annual household incomes of less than thirty percent (30%) of the Tuolumne County median, or qualified participants of the PG&E CARE Program. The low-income rate assistance program, once developed, shall be applicable to eligible City customers on an annual basis only, subject to renewal for each customer, and annual review and renewal of the program by the Franchisee and the City. City staff will be solely responsible for determining program eligibility of each customer, and for providing the annual list of eligible City customers to the Franchisee.
3.02 MONTHLY SERVICE RATES; INFLATIONARY ADJUSTMENTS
A. Full and Entire Rate Schedule. The Franchisee's compensation for performance of all its obligations under this Agreement shall be service rates that the Franchisee shall have the right to charge to City customers at the rates set out in Exhibit A hereto, and such compensation shall be the full, entire and complete compensation due to the Franchisee pursuant to this Agreement for all labor, equipment, materials and supplies, processing and disposal fees, fees due to the City, taxes, insurance, bonds, overhead, operations, profit, and all other costs necessary to perform services required by this Agreement in the manner and times prescribed.
B. Inflationary Rate Adjustments.
1. Annual Inflationary Adjustment. Beginning on November 1, 2026, and annually thereafter, subject to compliance with all provisions of this Article, the Franchisee may adjust the monthly rates contained in Exhibit A according to the change in U.S. Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers: Water and sewer and trash collection services Series CUSR0000SEHG (the "Adjustment Index"). The Adjustment Index percentage shall be calculated as follows: the Adjustment Index percentage shall be the percentage change in the Adjustment Index based on changes between the annual average of the base 12 months ending on June 30, which shall be the prior preceding 12-month period, to the annual average of the preceding 12-month period. Therefore, the first Adjustment Index percentage for purposes of this Section will be based on the annual average percentage change in the Adjustment Index between the 12-month period beginning on July 31, 2025, and the 12-month period ending on June 30, 2026.
If data for the 12-month period ending on June 30 is not available from the US Department of Labor - Bureau of Labor Statistics in time to comply with the September 1 filing deadline, then the Franchisee shall use data for the most recently available 12-month period. Once calculated, the Adjustment Index percentage, expressed as a decimal, shall be added to one and multiplied by the then-applicable monthly rates. The product of this calculation shall be used to establish the new monthly rates. The Franchisee shall notify the City and all City customers of the Franchisee at least thirty (30) days prior to such new monthly rates taking effect. 135
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2. Minimum and Maximum Increase. The Franchisee and the City agree that the monthly rate adjustments allowed under this Article shall not be below Zero Percent (0.00%) or above Five and One-Half Percent (5.5%). No change below Zero Percent (0.00%) or above Five and One-Half Percent (5.5%) shall carry forward to the next annual inflationary adjustment.
3. Extraordinary Inflation. If the Adjustment Index calculations over a twoyear period result in calculations that exceed annual increases of greater than Twelve Percent (12%), in such case, the Franchisee may request a monthly rate adjustment pursuant to Section
3.03 below, if the Franchisee's costs have actually increased during such period by more than the amount otherwise increased pursuant to this Section 3.02.
3.03 OTHER RATE ADJUSTMENTS
A. Adjustment for Uncontrollable Circumstances. In the event any Uncontrollable Circumstances arise, the Franchisee may propose to the City a change in service or an adjustment in rates, or both, that in the Franchisee's opinion would enable the Franchisee to continue performance of this Agreement for the remainder of the Agreement term.
B. Adjustment for Change in Service Specifications. The City may request a change in service specifications for any reason, including adding a new program required by CalRecycle under a Local Implementation Plan or change in law. In addition, at any time during the term of this Agreement, the Franchisee may determine there is a need for a service rate for a particular service or container size that does not appear on the City-approved schedule in Exhibit A. If either circumstance would result in changes to the monthly rates, the Franchisee shall immediately notify the City and request the establishment or amendment to the monthly rates in accordance with the proposed service change, and in accordance with this Section 3.03.
C. Rate Adjustments for Franchise and Other City Fees. Franchisee shall be entitled to a rate adjustment at any time that the City increases its franchise fee or imposes new fees, provided that the Franchisee has provided documentation of such increase and its projected impact on rates. Once such documentation is provided, the City shall agree to amend this Agreement to allow such changes to the monthly rates.
D. Proposals. Following its proposal under subsection A or within thirty (30) days of the City's request under subsection B (unless the City request or service change to be designed shall reasonably take longer than thirty (30) days to prepare), the Franchisee must demonstrate to the City's satisfaction that the Franchisee's direct costs of service have increased or decreased due to an Uncontrollable Circumstance, or as provided in this Section 3.03. The Franchisee will provide additional documentation within ten (10) days of the City's request. If the Franchisee does not provide requested information, the City is not obligated to extend the time of its consideration.
E. City Consideration. The City Council shall consider the Franchisee's proposal for any monthly rate adjustments pursuant to this Section 3.03. Such proposals shall include provision for recovery of costs by the Franchisee from the date such costs are actually incurred.
1. Franchisee Request. If the Franchisee has requested an adjustment due to Uncontrollable Circumstances but does not reach agreement with the City within thirty (30) days of providing the City with information that the City requested, the Franchisee may in its sole 136
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discretion require dispute resolution pursuant to Section 1.15.F and give the independent expert the record of its request and the City's and the Franchisee's response. a. City Request. If the City has requested a change in specifications and does not reach agreement with the Franchisee within thirty (30) days of receiving from the Franchisee information that it requested, the City may at its sole discretion either:Arrange for a third party to provide the requested changes, such as a new program, provided that such arrangement shall not impact the Franchisee's compensation or exclusive rights under this Agreement; or
b. Require dispute resolution under Section 1.15.E and give the independent expert the record of its request and the Franchisee's response.
3.04 BILLING STATEMENTS
Franchisee's residential and commercial billing statements shall clearly list the customer's level of service, the monthly rate, a telephone number to call the Franchisee with questions, and the telephone number of the City representative if the customer is unable to resolve his or her problem with the Franchisee. The Franchisee must reimburse the City, at the fully weighted hourly salary of any City employee responding to complaints, if the time reasonably incurred by the City in such responses exceeds five (5) hours per week. The Franchisee shall issue to the City representative, annually, a sample residential bill and a sample commercial bill, and the Franchisee cannot itemize any franchise, permit, or other fees or charges imposed on the Franchisee by the City on its bills to customers or otherwise convey those fees or charges to its customers.
3.05 CUSTOMER COMPLAINTS
Throughout the term of this Agreement, the Franchisee shall maintain a complete record of all written and verbal complaints received pertaining to the performance of services subject to this Agreement. This record shall be provided to the City upon the City's request. Said record shall contain, at a minimum, the following information:
A. Names, addresses, and telephone numbers of complaining Parties; B. Customer names, service addresses, and telephone numbers, if different than above;
C. Descriptions of problems/complaints and related dates and times, if applicable; D. Dates received; and
E. Dates and descriptions of the Franchisee's responses and actions taken.
Complaints received from customers or the City shall be acted upon immediately and the Franchisee shall make every reasonable effort to resolve said complaints within seventy-two (72) hours of notification. Complaints lodged with the City shall be transferred to the Franchisee for correction, and such correction shall occur within ten (10) business days.
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Franchisee's performance under the terms of this Agreement. The City will determine whether such complaints are substantiated. If substantiated, the Franchisee shall resolve the complaint ina manner satisfactory to the City. Substantiated and unresolved complaints are subject to the provisions of Section 1.15 and may be the basis for termination of this Agreement by the City.
3.06 PUBLIC EDUCATION AND OUTREACH
A. The Franchisee shall cooperate with the City in waste-diversion and public education activities to further local implementation of the California Integrated Waste Management Act of 1989 and such other mandated programs, including but not limited to outreach in accordance with the Mandatory Commercial Recycling Plan and Organics Plan that the City filed with CalRecycle. The Franchisee shall encourage its customers to actively participate in waste diversion programs, and shall perform site visits to and waste audits of commercial customers and report to the City all information that the City is obligated to give to CalRecycle B. New and existing customers shall be provided with information by the Franchisee regarding available services, as described below:
1. The Franchisee will prepare customer service information, based on programs provided by the Franchisee, that describes the complete range of services available to residential and commercial customers by the Franchisee. At a minimum, the Franchisee shall provide customers the following information: a list of Solid Waste and Recyclables eligible for collection; proper material preparation and handling practices; a list of unacceptable materials and proper disposal options; holiday collection schedule; Large-Item and Handy Hauler collection information; rates; other recycling opportunities; complaint procedures; and company contact information including billing address, office hours, location, and telephone numbers.
2. The Franchisee shall provide the City with updated information for any public outreach materials the Franchisee wishes to prepare or maintain as necessary to reflect any changes therein, and the City shall have the right to review all materials provided to customers generally and to the public.
3. The Franchisee shall display on its website the customer service information and the Franchisee's employees and agents shall inform customers that said information is available.
4. The City will assist in these matters as follows:
a. On an ongoing basis, the City may distribute the Franchisee's brochure at the City's Solid Waste transfer stations within the franchise area. On an ongoing basis, the City may distribute the Franchisee's brochure with “Welcome Wagon" packets of Solid Wasterelated information that may be requested by new customers.
C. The City may perform a City-wide mailing with regard to Solid Waste services provided in the City, which may include information about the Franchisee's collection services.The Franchisee shall provide customers receiving debris box service written notification regarding applicable diversion programs and associated cost incentives and unacceptable materials and appropriate disposal options. 138
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ARTICLE 4. CUSTOMER SERVICES
4.01 FREQUENCY OF SOLID WASTE COLLECTION
A. The Franchisee shall provide weekly collection of Solid Waste for all customers of Franchisee within the City, pursuant to this Agreement and any addendum thereto.
B. The Franchisee shall provide collection services to each customer of Franchisee within seven (7) days of the customer's request for service, unless the customer requests a later date.
4.02 COLLECTION SCHEDULE
The Franchisee shall establish a collection schedule for each City customer and provide notice to City customers of any changes to the collection schedule. When a regular collection day occurs on a holiday, the Franchisee shall either provide collection on the holiday or one calendar day before or after the holiday and may adjust the remaining schedule for that week accordingly. The Franchisee shall notify all City customers of their respective holiday collection schedules.
4.03 NON-COLLECTION OF SOLID WASTE
In the event the Franchisee refuses to collect any item or container of Solid Waste for any reason, the Franchisee shall securely attach a tag to that item or container specifying the reasons for noncollection. The tag shall contain the Franchisee's name and telephone number. Acceptable reasons include:
A. Waste not properly containerized as specified in the Franchisee's customer service information;
B. Items or containers that exceed the weight limitations specified in the Franchisee's customer service information;Items or containers that contain prohibited material as specified in the Franchisee's customer service information; and
C. Collection of an item or container would violate any applicable law, regulation, or this Agreement, or would cause possible safety issues, or is set out in inaccessible areas.
4.04 EXTRA COLLECTION OF SOLID WASTE
A. The Franchisee shall be allowed to provide extra and special services, at rates approved by the City Council, in addition to normally-scheduled collection services. The Franchisee shall quote to the customer the rate for such services prior to performing said services.
B. The Franchisee shall provide on-call service to part-time or temporary residents.
On-call service shall include Recyclables collection.
C. Large-item and Handy-Hauler collection. The Franchisee shall be required to provide on-call, Large-item and Handy-Hauler pickup service such as mattresses, tires, 139
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appliances, etc. to both single-family and multi-family customers, including customers receiving bin service. The Franchisee shall be compensated for Large-item and Handy-Hauler collection at rates established in the rate sheet contained inExhibit A as those rates may be periodically adjusted hereby.
4.05 SOLID WASTE COLLECTION PRACTICES AND STANDARDS
A. Service Standards. The Franchisee shall, at all times during the term of this Agreement, provide efficient, effective, prompt, courteous, and professional service to all residential and commercial customers to the reasonable satisfaction of the City. The Franchisee shall not litter premises while collecting Solid Waste or allow waste to blow or fall from any collection vehicle. All collection activities shall be conducted in such a manner that public and private property will not be damaged. Premises shall be left in a neat and clean condition and containers shall be handled in a manner that will prevent their damage. The Franchisee shall replace containers and covers where found and shall not place them in the street or on adjoining property.
B. Waste Accumulation. The Franchisee shall direct its drivers to note the addresses of premises at which they observe piles or other significant amounts of Solid Waste accumulating and not being removed, where such accumulation clearly represents a significant risk to public health or risk of combustion and fire. The Franchisee shall refer such information to the City, which shall thereafter as necessary, enforce its ordinances or the provisions of this Agreement to address any health and safety concerns caused thereby.
C. Additional Services. The Franchisee and the City agree and acknowledge that the provisions and requirements of various statutes and mandates of the State of California cited in the recitals hereof, and other statutes and regulations of the State of California will require additional programs and rates for the processing and reuse of organic materials to be implemented by the Franchisee. The Franchisee and the City agree to work diligently to develop and adopt City-wide programs, implementation schedules, and rate adjustments consistent with the goals of the City and state law, as such regulations and any local ordinances are adopted.
ARTICLE 5. SCOPE OF SERVICES
5.01 SCOPE
The Franchisee agrees to perform all necessary services to administer the following programs:
Program Materials Service Frequency Additional
Requirements
Residential curbside Primary/
Recyclables Bi-weekly1
Residential green
waste
Green waste Bi-weekly1
Multi-family
residential
Primary/
Recyclables Weekly As needed or required
by AB 341
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Hotels and Resorts Primary/
Recyclables Weekly As needed or required
by AB 341
Commercial/business Primary/
Recyclables Weekly As needed or required
by AB 341.
Schools Primary/
Recyclables Weekly
Governmental and
other public facilities
Primary/
Recyclables Weekly
Special Events Primary/
Recyclables As requested
Used Oil Collection
Motor oil; filters;
auto batteries;
antifreeze
Franchisee to notify
City customers of
disposal sites
1Bi-weekly shall mean every other week
5.02 AVAILABILITY
A. "Recycling Programs" identified pursuant to this Article 5 shall be made available to all of the Franchisee's City customers. Unless otherwise stated herein or unless specifically declined by the customer, the Franchisee shall provide, at a minimum, a sufficient number and appropriate type of recycling containers wherever garbage bins are provided and serviced. Service shall be of sufficient frequency to accommodate program needs and to avoid exceeding the capacity of collection containers.
B. All residential customers shall be provided with Solid Waste, recycling, and green waste collection service.
5.03 RESIDENTIAL GREEN WASTE
The Franchisee shall provide curbside yard waste and green waste collection and shall provide the necessary collection containers. The Franchisee shall instruct customers to exercise reasonable care to minimize contamination with objectionable items, such as rocks, metal, and trash. The Franchisee shall instruct customers to bring yard waste to the curb in waste carts placed by the curb in accordance with the most acceptable method to the Franchisee.
5.04 OTHER RECYCLING PROGRAMS
The Franchisee agrees to work in cooperation with the City to assist with other recycling and landfill diversion programs, upon the reasonable request of the City.
5.05 CITY FACILITIES
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Waste collection services at all the City owned and operated facilities, as shown on Exhibit B, at no additional charge to the City.
5.06 REPLACEMENT RECEPTACLES
The Franchisee shall, without expense to the City or any customer, replace outdated or dilapidated receptacles within five (5) days after receipt of a customer's reasonable request for replacement.
5.07 VALUE-ADDED SERVICES
Education & Outreach: Required in Section 1 of RFP and stated in Section 3.06 of this Agreement
Contamination Education & Outreach: Required in Section 1 of RFP and stated in Section
3.06 of this Agreement
Included Additional Recycling Volume: 95 gallon capacity is part of standard service Additional Service offerings and mix and match options: More and increased options for service; 1-6 yard Commercial services offered
Low-income discount: Required in Section 1 of RFP and stated in Section 3.01 E of this Agreement
Two Residential Large Material Pick-Ups: Required in Section 3A of RFP and stated in Section 4.04 of this Agreement
o Large-Item
o 3.5 Cubic Yard Handy-Hauler
Two Christmas Tree Drop-Off Locations in the City to be determined by the City On-Site/Virtual School Education: Required in Section 1 of RFP
5.08 CITY ADMINISTRATOR APPROVAL OF COMMERCIAL SERVICE
MODIFICATIONS
The City Administrator may review and approve new services and associated rates, service levels, and service modifications proposed by the Franchisee that are intended to improve operational efficiency, reduce customer costs, or enhance diversion and recycling performance. The City Administrator may approve, such modifications in writing and provide notification of the approval to the City Council within thirty (30) days for the new services.
5.09 POTENTIAL FUTURE TRANSFER STATION
In the event the Parties agree to the development and construction of a new solid waste transfer station located on City owned property, the term of this Agreement may be extended to coincide with the term of a Transfer Station Lease Agreement.
5.10 SB 1383 COMPLIANCE
California’s SB 1383, adopted in November of 2020, requires local governments to reduce landfill disposal of organic waste by 75% by 2025 and to increase edible food waste recovery by 20%, subject to certain rural jurisdiction waiver(s). Contractor shall collaborate with City to implement a program under SB 1383 and/or seek a waiver or Rural Jurisdiction Exemption 142
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pursuant to 14 CCR §§ 18984.11 and 18984.12 or SB 613. If a waiver or exemption is obtained and valid until December 31, 2028, or if extended by the California Department of Resources Recycling and Recovery, the Parties shall collaborate to implement an Education and Outreach Program and Reporting Program, and any other requirement in compliance with SB 1383 requirements not subject to waiver and/or exemption, and shall collaborate to prepare a strategic plan for compliance with the full extent of the law in the event the Rural Jurisdiction Exemption expires or is not extended.
ARTICLE 6. SPECIAL CONDITIONS
6.01 USE OF "CITY" BY HAULER FORBIDDEN
Franchisee shall in no case use a firm name containing the word "City".
6.02 HOURS OF COLLECTION
No Solid Waste collection shall be made before 5:00 a.m. or after 6:00 p.m., unless otherwise authorized by the City. Upon request, the City may authorize collection at other times.
6.03 DISPOSITION OF RECYCLABLES
The Franchisee shall not cause properly-prepared, marketable Primary Recyclables to be buried in a landfill or otherwise be disposed of at locations other than those where this material can be remanufactured or otherwise reused, unless an event of Uncontrollable Circumstance occurs which would give rise to the ability of the Franchisee to request a review of rates pursuant to Section 3.03 hereof, or any other event or circumstance which prevents the processing, sale or gift of Recyclable Materials, in which case the Franchisee shall be relieved of the obligation of this Section 6.03. In such event, the Franchisee shall notify the City and the Parties will meet and confer as to the disposition of the Recyclables. If in the circumstances described in this section 6.03, the Franchisee shall have to pay a third-party for the disposition of Primary Recyclables, and such payment eliminates any Recyclable Revenue Share received for such Recyclables as that term as contemplated in Section 2.04, the Franchisee may be reimbursed through the Franchisee's monthly rates for any additional costs of such disposition including, without limitation, the cost of paying a third party to take the materials in question if the Parties decide on such a disposition of one or more materials.
Other than as provided above, the Franchisee shall use reasonable business efforts to recycle all materials collected as Recyclables pursuant to this Agreement. The Franchisee agrees to certify that all collected Recyclables have been processed for re-use other than as provided herein.
6.04 RESPONSIBILITY FOR COLLECTED MATERIAL
All material removed by the Franchisee from the premises where produced, generated, or accumulated pursuant to this Agreement shall be the responsibility of the Franchisee. However, the Franchisee shall be entitled to return prohibited material to the customer who generated it, if the customer can be identified. Any hazardous waste or medical waste that the Franchisee collects shall be the responsibility of the Franchisee. The Parties expressly agree that in no event shall the 143
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ownership of any Solid Waste, hazardous waste, medical waste, or any other waste be construed to be the property of the City, either explicitly or implicitly.
6.05 RECORD KEEPING AND REPORTING
A. Subject to reasonable prior notice, the Franchisee will allow the City access to review and inspect the Franchisee's customer lists, including commercial customer names and addresses. The City acknowledges and agrees that the information contained in the Franchisee's customer lists is proprietary trade secret information and further agrees that the City will not disclose or distribute any customer list information to any person.
B. The Franchisee shall keep and maintain written records of the number of residences and businesses participating in its recycling programs, quantities of Recyclable Materials collected, the quantities of Recyclable Material sold and stored, and such other matters as may be required by the City. The Franchisee shall provide a written quarterly report to the City documenting the quantities of Recyclable Material collected, recycled, sold, and stockpiled. The volumes of each type of material collected shall be reported separately for each recycling program. Quarterly reports shall be in a format approved by the City or County and shall include supporting documentation as may be required by the City. The report shall be submitted to the City within thirty (30) days of the end of each calendar quarter. The City may request that the Franchisee provide such additional information in the reports as may be reasonably necessary or appropriate to meet the information needs required by the California Integrated Waste Management Act of 1989.
6.06 ACCESSIBILITY AND CONVENIENCE
A. Office. The Franchisee shall notify customers of its office location where customers may arrange for service, pay bills and file complaints. Said office shall be equipped with a telephone and two-way radio. All collection vehicles shall also be equipped with two-way radios to communicate with the Franchisee's office. The Franchisee shall, for at leastsix (6) hours between 9:00 a.m. and 4:00 p.m., Monday through Friday, except holidays, have responsible personnel with whom City customers may communicate. The Franchisee's office shall be open to the public during normal business hours.
B. Service Yard. The Franchisee shall maintain a service yard for the storage of trucks, collection equipment and other equipment.
6.07 EQUIPMENT
A. Construction. All vehicles, conveyances, or containers used by the Franchisee for hauling or storing Solid Waste or Recyclables within the City shall be constructed to comply with all applicable federal, state, and local laws, rules, and regulations. All equipment used for the collection and transportation of residential and commercial Solid Waste shall be non-absorbent, water-tight, vector-resistant, durable, easily-cleanable, covered, and designed for safe handling.
The Franchisee shall maintain a fleet of collection trucks sufficient in number and capacity to efficiently perform the work required in the Agreement in strict accordance with the terms of this Agreement. On collection days, the Franchisee shall have available sufficient back-up vehicles for each type of collection vehicle typically in service (e.g., rear loader, front loader, roll-off, etc.). 144
Item A.
SOLID WASTE FRANCHISE AGREEMENT
B. Maintenance. Said equipment shall be maintained in good condition. Said equipment shall be cleaned and disinfected on a frequency and in such manner to prevent the propagation or attraction of flies, rodents, or other vectors and the creation of nuisances.
C. Containment. All vehicles, conveyances, or containers used by the Franchisee in the collection, transfer or transportation of Solid Waste or Recyclables shall be designed to prevent leakage, spillage, or overflow. Such conveyances or containers shall be completely covered when in route from the last collection station to a disposal area or processing facility to prevent spillage, overflow, blowing, or similar releases. Any material dropped or spilled in collection, transfer, or transport shall be immediately cleaned up by the Franchisee. Appropriate equipment for this purpose shall be carried at all times on each vehicle.
D. Vehicle-Markings. All vehicles used by Franchisee shall be identified with the name and telephone number of the Franchisee. Such name and telephone number shall be displayed on both sides of the vehicle in letters not less than four (4) inches in height.
E. Container Identification. Containers of one (1) cubic yard or more which are owned by the Franchisee shall be identified with the name and telephone number of the Franchisee servicing the container, in legible letters and numbers. All such containers will be labeled to clearly identify prohibited materials and safety hazards.
F. Safety. Said equipment shall be operated in a safe manner consistent with industry standards and applicable safety regulations. Vehicles and equipment used in the transport of Solid Waste shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public.
G. Vehicle Parking. To prevent nuisance and vector problems, uncleaned Solid Waste collection vehicles containing putrescible materials shall not be stored on public streets or roads except under emergency conditions. All vehicles used in collection activities shall be kept on property with proper zoning within a building or fenced yard. The Franchisee must designate a location where the vehicles will be parked when not in service.
H. Franchisee Responsibility. Where the Franchisee furnishes storage containers, the Franchisee shall be responsible for maintaining the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions, or agreements. The Franchisee shall coordinate with the property owner or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems, both on the property and for the public.
I. Inspection. Equipment used for Solid Waste collection shall be made available by the Franchisee for inspection annually as requested by the City. The time of inspection is to be by mutual agreement. The City shall determine the suitability of such equipment in accordance with these provisions.
6.08 TRAFFIC AND NOISE PROBLEMS
The Franchisee shall conduct all operations in accordance with City Code and in a manner that 145
Item A.
SOLID WASTE FRANCHISE AGREEMENT
minimizes obstruction or disruption to the peace and quiet of the areas in which collections are made.
[Signatures on following page]
146
Item A.
SOLID WASTE FRANCHISE AGREEMENT
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the abovereferenced Effective Date.
CITY: FRANCHISEE:
City of Sonora, a California municipal
corporation
By:
NAME
By:
147
Item A.
EXHIBIT A
RATES
148
Item A.
EXHIBIT B
Services Provided to City
149
Item A.
EXHIBIT C
Tuolumne County Occupied Facilities
150
Item A.
PAGE
RESIDENTIAL SERVICES; MONTHLY RATES A.1.1
RESIDENTIAL SERVICES; SPECIALS, EXTRAS, ON-CALL, MISC. A.1.2 COMMERCIAL TRASH RATES; 35 GALLON TO 2 CUBIC YARD A.2.1 COMMERCIAL TRASH RATES; 3 CUBIC YARD TO 6 CUBIC YARD A.2.2 COMMERCIAL RECYCLE RATES; 35 GALLON TO 2 CUBIC YARD A.3.1 COMMERCIAL RECYCLE RATES; 3 CUBIC YARD TO 6 CUBIC YARD A.3.2 COMMERCIAL SPECIALS, EXTRAS, ON-CALL, MISC. A.3.3-A.3.4 ROLLOFF SERVICES A.4.1
HANDY-HAULERS AND BULKY WASTE A.5.1
EXHIBIT A
TABLE OF CONTENTS
Rates Effective1/1/25 Through 10/31/26
151
Item A.
$33.94
$52.01
$66.82
EXHIBIT A.1.1
RESIDENTIAL SERVICES
Monthly Rates For Residential Service in City of Sonora Effective 11/1/25 Through 10/31/26
One 35 gallon trash cart serviced weekly; One 95 gallon recycling cart serviced biweekly; One 65 gallon greenwaste cart serviced bi-weekly One 65 gallon trash cart serviced weekly; One 95 gallon recycling cart serviced biweekly; One 65 gallon greenwaste cart serviced bi-weekly One 95 gallon trash cart serviced weekly; One 95 gallon recycling cart serviced biweekly; One 65 gallon greenwaste cart serviced bi-weekly 152
Item A.
Rate Unit
$29.63 per Service
$29.63 per Service
$29.63 per Service
$14.82 per Service
$14.82 per Service
$14.82 per Service
$29.63 per Service
$29.63 per Service
$29.63 per Service
$59.27 per Service
$59.27 per Service
$59.27 per Service
$5.39 per Month
$5.39 per Month
$5.39 per Month
$4.04 per Month
$20.20 per Month
$20.20
per Month +
additional
$15/mile after 1st
mile (1-way)
$24.24 per Cart
$202.03 per Restart
$161.62 per Each
Greenwaste Cart
EXHIBIT A.1.2
RESIDENTIAL SERVICES
Monthly Rates For Residential Service in City of Sonora Effective 11/1/25 Through 10/31/26
Monthly Cart Rent for On–Call Services
Special Charges (On an unscheduled service day)
Trash Cart
Recycle Cart
Greenwaste Cart
Extra Charges (On a scheduled service Day)
Trash Cart
Recycle Cart
Greenwaste Cart
On-Call Charges (on an unscheduled service day for that route area) Trash Cart
Recycle Cart
Greenwaste Cart
On-Call Charges (on a scheduled service day for that route area) Trash Cart
Recycle Cart
Deposit to Restart Service after stopped for non-payment Lost Cart/destroyed Cart or Can
Each Additional Recycle Cart (must be kept for 6 months minimum) Each Additional Greenwaste Cart (must be kept for 6 months minimum) Walk-In / Backyard Service
Drive-In/Long Driveway Service (Calculated from where leaving Countymaintained road Cart Steam Cleaning
Cart equipped with Locking Lid
153
Item A.
Cart Size
Gals Cart Count 1 2 3 4 5 6
1 $49.47 $108.82 $180.55 $232.49 $284.42 $331.42
2 $103.88 $228.53 $379.15 $488.22 $597.29 $695.97
3 $163.23 $359.12 $595.81 $767.20 $938.60 $1,093.67
4 $217.65 $478.82 $794.41 $1,022.94 $1,251.47 $1,458.23 5 $262.16 $576.76 $956.90 $1,232.17 $1,507.45 $1,756.50 1 $65.94 $145.07 $240.68 $309.92 $379.15 $441.79
2 $138.47 $304.64 $505.43 $650.82 $796.22 $927.77
3 $217.60 $478.72 $794.24 $1,022.72 $1,251.20 $1,457.92 4 $290.13 $638.29 $1,058.99 $1,363.63 $1,668.27 $1,943.90 5 $349.48 $768.85 $1,275.60 $1,642.55 $2,009.51 $2,341.51 1 $77.71 $170.95 $283.63 $365.22 $446.81 $520.63
2 $163.18 $359.00 $595.61 $766.95 $938.29 $1,093.32
3 $256.43 $564.14 $935.96 $1,205.21 $1,474.46 $1,718.07 4 $341.90 $752.19 $1,247.95 $1,606.95 $1,965.95 $2,290.76 5 $411.84 $906.05 $1,503.21 $1,935.65 $2,368.08 $2,759.32 Container
Size, CY
Container
Count
1 2 3 4 5 6
1 CY 1 $167.03 $367.47 $609.67 $785.05 $960.43 $1,119.11 2 $302.79 $666.14 $1,105.18 $1,423.11 $1,741.04 $2,028.69 3 $551.20 $1,212.65 $2,011.90 $2,590.66 $3,169.42 $3,693.07 4 $734.94 $1,616.87 $2,682.53 $3,454.21 $4,225.90 $4,924.09 5 $885.27 $1,947.59 $3,231.23 $4,160.76 $5,090.29 $5,931.29 2 CY 1 $305.00 $671.00 $1,113.26 $1,433.51 $1,753.76 $2,043.51 2 $640.50 $1,409.11 $2,337.84 $3,010.37 $3,682.89 $4,291.37 3 $1,006.51 $2,214.31 $3,673.74 $4,730.57 $5,787.40 $6,743.58 4 $1,342.01 $2,952.41 $4,898.32 $6,307.43 $7,716.54 $8,991.45 5 $1,616.51 $3,556.32 $5,900.25 $7,597.59 $9,294.92 $10,830.60 EXHIBIT A.2.1
COMMERCIAL TRASH SERVICES
Trash Cart Pickups per week
Trash Container Pickups per week
Monthly Rates For Commercial Trash Service Effective 11/1/25 Through 10/31/26 35 Gallon
Cart
65 Gallon
Cart
95 Gallon
Cart
154
Item A.
Container
Size, CY
Container
Count
1 2 3 4 5 6
3 CY 1 $442.87 $974.31 $1,616.47 $2,081.48 $2,546.49 $2,967.21 2 $930.02 $2,046.05 $3,394.58 $4,371.10 $5,347.63 $6,231.15 3 $1,461.46 $3,215.22 $5,334.34 $6,868.88 $8,403.41 $9,791.80 4 $1,948.62 $4,286.96 $7,112.45 $9,158.50 $11,204.55 $13,055.74 5 $2,347.20 $5,163.84 $8,567.27 $11,031.83 $13,496.39 $15,726.23 4 CY 1 $580.87 $1,277.91 $2,120.17 $2,730.08 $3,339.99 $3,891.82 2 $1,219.82 $2,683.61 $4,452.36 $5,733.17 $7,013.99 $8,172.82 3 $1,916.87 $4,217.11 $6,996.56 $9,009.27 $11,021.98 $12,843.01 4 $2,555.82 $5,622.81 $9,328.75 $12,012.36 $14,695.98 $17,124.01 5 $3,078.60 $6,772.93 $11,236.90 $14,469.44 $17,701.97 $20,626.65 5 CY 1 $691.55 $1,521.41 $2,524.16 $3,250.29 $3,976.41 $4,633.39 2 $1,452.26 $3,194.96 $5,300.73 $6,825.60 $8,350.47 $9,730.11 3 $2,282.12 $5,020.65 $8,329.72 $10,725.94 $13,122.16 $15,290.17 4 $3,042.82 $6,694.20 $11,106.29 $14,301.25 $17,496.22 $20,386.89 5 $3,665.22 $8,063.47 $13,378.03 $17,226.51 $21,074.99 $24,556.94 6 CY 1 $824.30 $1,813.46 $3,008.70 $3,874.21 $4,739.73 $5,522.81 2 $1,731.03 $3,808.27 $6,318.26 $8,135.84 $9,953.42 $11,597.90 3 $2,720.19 $5,984.42 $9,928.69 $12,784.89 $15,641.09 $18,225.27 4 $3,626.92 $7,979.22 $13,238.26 $17,046.52 $20,854.79 $24,300.36 5 $4,368.79 $9,611.34 $15,946.08 $20,533.31 $25,120.54 $29,270.89 EXHIBIT A.2.2
Trash Container Pickups per week
COMMERCIAL TRASH SERVICES
Monthly Rates For Commercial Trash Service Effective 11/1/25 Through 10/31/26 155
Item A.
Cart Size
Gals Cart Count 1
1 $8.30
2 $16.60
3 $24.90
4 $33.20
5 $41.50
Container
Size, CY
Container
Count
1 2
1 CY 1 $59.74 $149.23
2 $119.48 $298.46
3 $179.22 $447.69
4 $238.96 $596.92
5 $298.70 $746.15
2 CY 1 $61.66 $113.33
2 $123.32 $226.66
3 $184.98 $339.99
4 $246.64 $453.32
5 $308.30 $566.65
EXHIBIT A.3.1
COMMERCIAL RECYCLE SERVICES
Recycle Cart Pickups per week
Recycle Container Pickups per week
Monthly Rates For Commercial Recycling Service Effective 11/1/25 Through 10/31/26
95 Gallon
Cart
156
Item A.
Container
Size, CY
Container
Count
1 2
3 CY 1 $77.50 $162.74
2 $155.00 $325.49
3 $232.49 $488.23
4 $309.99 $650.98
5 $387.49 $813.72
4 CY 1 $103.33 $216.99
2 $206.66 $433.99
3 $309.99 $650.98
4 $413.32 $867.97
5 $516.65 $1,084.97
5 CY 1 $131.43 $276.00
2 $262.86 $552.00
3 $394.28 $828.00
4 $525.71 $1,104.00
5 $657.14 $1,379.99
6 CY 1 $144.99 $304.48
2 $289.98 $608.96
3 $434.97 $913.44
4 $579.96 $1,217.92
5 $724.95 $1,522.40
EXHIBIT A.3.2
COMMERCIAL RECYCLE SERVICES
Recycle Container Pickups per week
Monthly Rates For Commercial Recycling Service Effective 11/1/25 Through 10/31/26
157
Item A.
Rate Unit
Special Charges (On an unscheduled service day)
Trash Cart $29.03 per Cart
Recycle Cart $29.03 per Cart
Trash Container
1 CY $33.27 per Service
2 CY $66.53 per Service
3CY $106.46 per Service
4 CY $144.72 per Service
5 CY $179.65 per Service
6 CY $216.24 per Service
Recycle Container
1 CY $19.35 per Service
2 CY $29.05 per Service
3CY $90.49 per Service
4 CY $123.01 per Service
5 CY $143.25 per Service
6 CY $183.81 per Service
Extra Charges (On a scheduled service Day)
Trash Cart $14.52 per Cart
Recycle Cart $14.52 per Cart
Trash Container
1 CY $21.95 per Service
2 CY $43.91 per Service
3CY $70.25 per Service
4 CY $95.50 per Service
5 CY $118.54 per Service
6 CY $142.69 per Service
Recycle Container
1 CY $12.77 per Service
2 CY $19.16 per Service
3CY $59.71 per Service
4 CY $81.17 per Service
5 CY $94.52 per Service
6 CY $121.29 per Service
On-Call Charges (on the scheduled service day for that route area) Trash Cart $29.03 per Service
Recycle Cart $29.03 per Service
Trash Container
1 CY $33.27 per Service
2 CY $66.53 per Service
3CY $106.46 per Service
4 CY $144.72 per Service
5 CY $179.65 per Service
6 CY $216.24 per Service
EXHIBIT A.3.3
COMMERCIAL SPECIALS, EXTRAS, ON-CALL, MISCELLANEOUS
Rates Effective 11/1/25 Through 10/31/26
158
Item A.
Rate Unit
Recycle Container
1 CY $19.35 per Service
2 CY $29.05 per Service
3CY $90.49 per Service
4 CY $123.01 per Service
5 CY $143.25 per Service
6 CY $183.81 per Service
Cart $19.79 per Month
$19.79 per Month + additional $15/mile
after 1st mile (1-way)
Monthly Rent for On–Call Accounts
Cart $5.28 per Month
Container $26.39 per Month
Locks and Lock Bars
Cart equipped with Locking Lid $3.96 per Month
Container unlocking service $10.56 per Month
Steam Clean
Cart $23.75 per Cart
All container sizes $85.78 per Container
EXHIBIT A.3.4
Deposit to Restart Service after stopped for nonpaymentComputed value of three (3) times monthly service rate
Walk-In Service
Drive-In/Long Driveway Service (Calculated from where
leaving County-maintained road
COMMERCIAL SPECIALS, EXTRAS, ON-CALL, MISCELLANEOUS
Rates Effective 11/1/25 Through 10/31/26
159
Item A.
10-CY Bin
Haul Charge
per Load
20-CY Bin Haul
Charge per
Load
30-CY Bin Haul
Charge per
Load
Transfer
Station Charge
per Ton
All Areas City of Sonora $613.64 $818.18 $1,029.33 $83.14 Rate Unit
$100.00 per Hour (time
spent)
10-20 CY Bins $130.00 per Month
30 CY Bins $150.00 per Month
Rate Unit
Unacceptable Materials Charges when found in Rolloff Loads; Appliances $49.49 per Each
Tires-Small $4.95 per Each
Tires-Small on Rim $9.90 per Each
Tires-Truck $15.84 per Each
Tires-Truck on Rim $19.79 per Each
Electronic Waste (E-Waste) $13.20 per Each
EXHIBIT A.4.1
Unacceptable Materials Charges
Rates Effective 11/1/25 Through 10/31/26
ROLLOFF SERVICES
Roll Off Trip Charge and Monthly Rent
Trip Charge (Assessed whenever work scheduled is not accessible) Total Customer Charge is sum of Appropriate Haul Charge plus tons hauled multiplied by Transfer Station Charge per Ton
Monthly Rent (Assessed whenever a permanently placed bin is not serviced for 30 days) Rolloff rates include 7 days on customer's site, not including day of delivery or day of removal. Per-day rental charge after 7 days on customer's site is $12.00 per day. 160
Item A.
Trash
Green
Waste C&D
3.5 CY $110.85 $100.29 $121.41
5.0 CY $217.75 $204.55 $237.54
Rate Unit
$26.39 per Item
$49.49 per Each
$4.95 per Each
$9.90 per Each
$15.84 per Each
$19.79 per Each
$13.20 per Each
Tires-Small on Rim
Tires-Truck
Tires-Truck on Rim
Electronic Waste (E-Waste)
Bulky Waste Cleanup
Special Materials Charges when setout with Bulky Waste Loads; Appliances
Tires-Small
Bulky Waste Charges
HANDY-HAULERS AND BULKY WASTE
Rates Effective 11/1/25 Through 10/31/26
Handy-Haulers
EXHIBIT A.5.1
Handy-Hauler rates include 7 days on customer's site, not including day of delivery or day of removal. Per-day rental charge after 7 days on customer's site is $12.00 per day. 161
Item A.
162
Item A.
163
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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Mike Pugh, City Engineer
SUBJECT: Receive a Presentation on the Gold Rush Path Phase 1 Project Progress Update RECOMMENDATION:
Receive a Presentation on the Gold Rush Path Phase 1 Project Progress Update BACKGROUND:
The Gold Rush Path multi-use project is a premier multi-use trail project in Tuolumne County. The Phase 1 project includes the segments of trail that runs through the City of Sonora that will provide a multi-use trail along two separate alignments. The first segment runs along State Route 49 (Stockton Road), which starts near the Mother Lode Fairgrounds, picking up the planned trail coming from Jamestown to the south and extending north to the newly constructed Transit Center and downtown area. The second segment runs from the intersection of Stockton Road and Woods Creek Drive and extends west to the Dragoon Gulch trail head and Sonora High School.
The Project Approval / Environmental Documentation (PA/ED) effort for the Phase 1 project has been ongoing since August 2024 and recently hit a significant milestone. The draft 30% design and plans have been completed, the biological environmental technical documents have been prepared and reviewed by Caltrans, and the cultural technical studies (historic and archeological resources) are near complete with a scheduled submittal date to Caltrans in mid to late October. A Project Development Team (PDT) meeting was held with the City of Sonora, TCTC, and Caltrans on August 26, 2025, to discuss the project details and solicit input on the proposed design.
Current ongoing work includes the scheduling of project stakeholder outreach meetings. A meeting with the 7th Day Adventist was held on August 26, 2025; they are proponents of the Phase 1 Project. Future work includes the preparation of the Initial Study document required by the California Environmental Quality Act (CEQA). The Initial Study is scheduled to be submitted for review in late November / early December and is planned to be ready for public circulation by February of 2026. The completion of the PA/ED effort is scheduled for June 2026.
DISCUSSION / ANALYSIS:
Derik Kirkland from Wood Rodgers will present the details of the Phase 1 Gold Rush Path project and provide updates on the project status and schedule. Wood Rodgers is the engineering consultant for the Phase 1 project. 164
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 FISCAL IMPACT:
None. This is an informational item presenting the progress of the Gold Rush Path Phase 1 Project. The PA/ED effort is being funded through a combination of ATP and CMAQ grant funds.
ATTACHMENTS:
Phase 1 Gold Rush Path Exhibits
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness, Economic Development/Growth and General Plan
165
Item B.
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3741 Douglas Blvd, Ste 150 Tel 916.341.7760Roseville, CA 95661 Fax 916.341.7767 GOLD RUSH MULTI-USE PATH PHASE 1
LEGEND
DRIVEWAY IMPROVEMENTSNEW MULTI-USE PATH FOR BICYCLES AND PEDESTRIANSADA CURB RAMP AND INTERSECTION IMPROVEMENTS W STOCKTON STREET/ROUTE 49
W STOCKTON STREET/ROUTE 49
PONDEROSA LANE
FAIRVIEW LANE
SHEET 1 OF 4
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
Pedestrian Access Path toFairgrounds
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
ADA Standard Curb Ramp and
Street Light Improvements
Rectangular Rapid FlashingBeacon
ADA Standard Curb Ramp and
Street Light Improvements
Crosswalk with
Rectangular Rapid FlashingBeacon
Driveway Improvements
Driveway Improvements
ADA Standard Curb Ramp and
Street Light Improvements
ADA Standard Curb Ramp and
Street Light Improvements
Bike and Pedestrian Multi-Use Path
MOTHER LODE FAIRGROUNDS
166
Item B.
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3741 Douglas Blvd, Ste 150 Tel 916.341.7760Roseville, CA 95661 Fax 916.341.7767 W STOCKTON STREET/ROUTE 49 S FOREST ROAD WOODS CREEK DRIVE
SOUTHGATE DRIVE
JACKSON STREET
W STOCKTON STREET/ROUTE 49
BRADFORD STREET
S GREEN STREET
GOLD RUSH MULTI-USE PATH PHASE 1Bike and Pedestrian Multi-Use Path LEGEND
DRIVEWAY IMPROVEMENTSNEW MULTI-USE PATH FOR BICYCLES AND PEDESTRIANSBICYCLE LANE PAVEMENT MARKINGSADA CURB RAMP AND INTERSECTION IMPROVEMENTS SHEET 2 OF 4
ADA Standard Curb Ramp and
Street Light Improvements
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
Crosswalk with
Rectangular Rapid FlashingBeacon
Rectangular Rapid FlashingBeacon
Sidewalk For Bicycles and
Pedestrians
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
ADA Standard Curb Ramp and
Street Light Improvements Driveway Improvements
ADA Standard Curb Ramp and
Street Light Improvements
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
Driveway Improvements
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
Driveway Improvements
Remove Islands and
Square Up Intersection
SONORA CREEK
WOODS CREEK
Add Landscaping
Decorative Screen for
Charging Station
Align Trail Through Parking Lot.
Restripe Parking Lot
LANDSCAPE AREA
Remove Islands and
Square Up Intersection
On-Street Parking
On-Street Parking
SONORA CREEK
Add Landscaping
167
Item B.
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3741 Douglas Blvd, Ste 150 Tel 916.341.7760Roseville, CA 95661 Fax 916.341.7767 GOLD RUSH MULTI-USE PATH PHASE 1
WOODS CREEK
WOODS CREEK
LEGEND
NEW MULTI-USE PATH FOR BICYCLES AND PEDESTRIANSADA CURB RAMP AND INTERSECTION IMPROVEMENTS SHEET 3 OF 4
WOODS CREEK DRIVE
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
Bike and Pedestrian Multi-Use Path
WOODS CREEK ROTARY PARK
Buffered Class 4 Cycletrack
Along Woods Creek Drive
168
Item B.
BUILDING RELATIONSHIPS ONE PROJECT AT A TIME
3741 Douglas Blvd, Ste 150 Tel 916.341.7760Roseville, CA 95661 Fax 916.341.7767 GOLD RUSH MULTI-USE PATH PHASE 1
W BONANZA ROAD
CALAVERAS WAY SNELL STREET
LEGEND
NEW MULTI-USE PATH FOR BICYCLES AND PEDESTRIANS
ADA CURB RAMP AND INTERSECTION IMPROVEMENTS
SHEET 4 OF 4
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
ADA Standard Curb Ramps
10-Foot Wide Multi-Use Path
For Bicycles and Pedestrians
Bike and Pedestrian Multi-Use Path
New Bridge Over Woods Creek
BRIDGE
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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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Carlye Buchholz, City Engineer
SUBJECT: Consider Approval of $55,528 for the Repair of the Known Storm Drain Between 191 Elk Drive and 207 Elk Drive Utilizing on On-Call Contractor Njirich and Sons, with the Ability to Authorize Additional Funds to Replace Unidentified Damage, as Necessary.
RECOMMENDATION:
Consider Approval of $55,528 for Njirich and Sons Proposal to Repair the Failure of a 12” CMP Storm Drainpipe Located Between the Properties of 191 and 207 Elk Drive Within a Drainage Easement.
BACKGROUND:
The storm drain between 191 Elk Drive and 207 Elk Drive has failed causing significant erosion of the hillside between the properties. Residents of 207 Elk Drive have contacted the City requesting repairs. The 12" storm drainpipe was originally installed as part of the County’s Elks Hill Subdivision improvements in the mid-1950s and the City annexed the Elks Hill / Saratoga Acres area in 1972.
The cause of the failure is unknown at this time. 360 Pipeline Inspections performed CCTV inspections earlier this year and a blockage has been identified within the pipe. As a result, a 40-foot segment of pipe is in need of replacement due to the blockage and a break in the storm drain line. Additional obstructions below the identified blockage are unknown.
DISCUSSION / ANALYSIS:
Njirich and Sons has been selected utilizing the City’s approved On-Call Contractor list. They are local to the City of Sonora. Initial contact has been made with the property owner of 191 Elk Drive during a previous site visit.
Additional coordination with property owners will commence prior to work beginning. The segment identified for replacement will be removed and replaced along the existing alignment of the pipe. After the known blockage has been repaired, City of Sonora Public Works staff will be onsite to CCTV inspect the remaining line to verify the remainder of the pipe is clear from obstructions. Dewberry and R.E.Y. Engineers will perform construction inspection under their existing task order for this project. 170
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 FISCAL IMPACT:
The estimated cost of the drainage system repair is $55,528. However, City staff is requesting authorization to expend up to a budgeted amount of $125,000, should additional damage be identified downstream requiring further pipe replacement. The total budget available for this project in FY2025/26, including encumbered funds carried forward from FY2024/25, is $173,000. Therefore, the project is expected to be completed within the approved budget authority.
Would you like me to also prepare a more concise one-sentence version (for council agendas that prefer brevity) or a more detailed breakdown version (which would spell out encumbered vs. new-year funding)? ATTACHMENTS:
Njirich and Sons Proposal
CORE COUNCIL PRIORITIES:
Fiscal Responsibility and Stability, Infrastructure and Engineering, Public Safety and Disaster Preparedness. 171
Item A.
Njirich & Sons, INC.
19970 Kelly Dr · Sonora, CA 95370
Phone: 209-533-2268
License #:573731
September 26, 2025 PROPOSAL –09262025
TO: R.E.Y Engineers, Inc.
ATTN: Kevin Hoover
PROJECT: Elk Drive Culvert Replacement
SUBMITTED BY: Cory Njirich
Item QTY UNIT UNIT COST TOTAL
1. Mobilization 1 LS $7,500.00 $7,500.00
2. Demolition 1 LS $5,300.00 $5,300.00
3. Locate Catch Basin 1 LS $2,500.00 $2,500.00
4. Excavate Existing line & Replace Culvert 40 LF $380.00 $15,200.00
5. Replace Concrete 1 LS $9,500.00 $9,500.00
6. Replace Retaining Wall 1 LS $8,128.00 $8,128.00
7. Replace Shrubs 1 LS $2,200.00 $2,200.00
8. Erosion Control 1 LS $5,200.00 $5,200.00
TOTAL: $55,528.00
Clarification and Notes:
1. Bid Price is subject to change if any portion of the proposed work is eliminated, phased or divided.
2. Includes removal of shrubs, retaining rock wall under shrubs, board & post wall and concrete slab adjacent to Shed.
3. Replace 40ft of 12” Storm Pipe with HDPE. Connection points will be slurry sealed backfilled.
4. Assuming existing storm drain is not deeper than 4.5ft.
5. Excess material will be exported from site.
6. Backfill will be class 2 ¾” base rock.
7. Obtain Hydrant meter from TUD for Site water
8. Erosion Control includes wattle and hydroseeding disturbed area.
9. If tree is to be removed, ADD: $2,500.00
10. Bid based on each party being responsible for its own acts and for its share of liability. The contract’s indemnification provision must include a “comparative fault” clause by which Njirich and Sons is obligated to indemnify Owner/General Contractor only to the extent of Njirich and Sons’s own fault: “…but only to the extent caused in whole or part by the negligent acts or omissions of the Subcontractor….” (As provided in AGC/ASA/ASC Standard Form Construction Subcontract at paragraph 12.1 and AIA Document A401 at paragraph 4.6.1.)
11. Please take special note of the 20-day expiration of this bid confirmation. Due to the extremely volatile pricing and shortages of materials, our proposal is based on the materials quoted at bid time (we can confirm the material prices when our proposal is accepted). We reserve the right to address any cost revisions associated with price increases or shortages beyond our control (energy crisis, war, major impacts to industry, economy, etc.)
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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: October 6, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Rebecca Neilon, Grant Writer and Funding Specialist SUBJECT: Receive a Presentation on Three (3) Potential Grant Opportunities for the City of Sonora: an Evacuation Route Improvement Plan, the Sonora Creek Restoration and Parking Lot Removal & Replacement Plan, and the Downtown Walkability Plan, with Direction to Support Grant Writing Efforts, Including a Budget Amendment and Task Order in the Amount of $75,000.
RECOMMENDATION:
Consider Approving Consultant Staff to Apply to Three Grant Programs and Approving Dewberry's Amendment Request for the City Engineering Task Order to Accomplish this work. Planning Study Grant for a City-Wide Parking and Evacuation Plan through the Caltrans Sustainable Transportation Planning Program.
Planning Study Grant- Sonora Creek Restoration & Farmers Market Parking Lot Removal and Replacement Plan, Through the CA Wildlife Conservation Board (WCB) Stream Restoration Planning Grant Programs.
Planning and Construction Grant – Downtown Sonora Walkability Improvements, California Transportation Commission's Active Transportation Program (ATP).
BACKGROUND:
The City of Sonora is currently facing numerous challenges concerning transportation resilience, including congested corridors, parking shortages, and flooding issues. This staff report discusses three grant funding programs that can help advance solutions for three projects aimed at addressing these known challenges. These challenges could be addressed by improving the City's stormwater system, restoring Sonora Creek, and resolving existing problems related to the conditions of the streets along Main Street/Washington and the connecting side streets.
All three projects are included in the 2024-2034 CIP, and all are the result of previous planning opportunities, including the Hazard Mitigation Grant Program (HMPG). Eligibility for each of these funding opportunities is made possible by the planning work already completed by the City. An excellent example of the benefits of early planning work is the inclusion of many Vision Sonora 173
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 Elements in the Caltrans State Highway Operation and Protection Program (SHOPP) project to rehabilitate pavement on Highway 49 through Sonora and Jamestown.
Because the City has the foresight to create this planning document, it can be incorporated into the Caltrans project.
DISCUSSION / ANALYSIS:
Aligning the City's infrastructure needs with available funding programs has identified three candidate opportunities outlined in Table 1 below.
Table 1: Proposed Projects and Grant Programs
Project Name Phase to be
Funded Grant Program
Amount to
be
Requested
Approximate
Match
Request
Amount to
be
Requested
Sonora City-Wide
Evacuation Route
Improvements Plan
Planning
Study
Caltrans
Sustainable
Transportation
Planning Program
$350,000
$40,000
(staff time
can be used
as an In-Kind
Match)
$350,000
Sonora Creek
Restoration &
Farmers Market
Parking Lot Removal
and Replacement
Plan
Planning
Study
CA Wildlife
Conservation
Board (WCB)
$250,000 $0 $250,000
Downtown Sonora
Walkability
Improvements
All Phases
Start to
Constructio
n
CA Active
Transportation
Program
$6,000,000
$60K to
$1.2M
(lower
matches will
make the
grant less
competitive)
$6,000,000
Sonora City-Wide Evacuation Route Improvements: If successful, this grant will fund a planning study to evaluate routes through Sonora and investigate options for increased capacity. These options will 174
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 include, but are not limited to, identification of parallel routes and parking modifications. This application will be submitted through the Caltrans Sustainable Transportation funding program and will require an 11.47% funding match. This is an excellent program for local agencies to improve the resiliency of their transportation network. This application has a high probability of obtaining funding.
Sonora Creek Restoration & Farmers Market Parking Lot Removal and Replacement Plan: If successful, this grant will fund a Planning study to evaluate the feasibility of creating a retention basin on Sonora Creek below the parking lot bounded by Stewart Street, Theall Street, and Shepherd Street. This study will evaluate the feasibility and benefits of converting this parking lot into a retention basin to slow down large stormwater flows, thereby alleviating flooding issues at the confluence of the Main Drain and Sonora Creek. Additionally, this study will investigate the creation of a creek walk along Sonora Creek, which would open this space to the community and expand options for non-motorized transportation. An important component of this study will be the identification of alternative parking options and locations for the Farmers Market, which currently takes place at the existing parking lot.
This program does not have match requirements; however, providing a match will improve the competitiveness of the application.
Downtown Sonora Walkability Improvements: This grant application, submitted through the State's Active Transportation Program (ATP), will request funding for all phases of a project to enhance walkability in downtown Sonora. The project area will include sidewalk improvements through the downtown core and on connecting side streets. The exact limits will be determined as an initial item of work. Additionally, components of Vision Sonora will be incorporated throughout. This program is extremely competitive; however, we have had success with it in the past and understand what needs to be included to submit a strong application.
FISCAL IMPACT:
The estimated total cost of this work is $75,000. To accommodate the $75,000 budget adjustment for FY25/26, Staff propose to reallocate funds from the approved FY25/26 budget as follows:
Source of Funds:
o $30,000 Main Drain Grant Funds
o $45,000 City Sidewalk Assessments
Use of Funds:
o $20,000 Caltrans Sustainable Transportation Planning Program o $20,000 CA Wildlife Conservation Board (WCB)
o $35,000 CA Active Transportation Program
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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 This reallocation ensures that the City can fund these critical programs without exceeding the approved FY25/26 budget. The adjustment maintains fiscal neutrality, as the total reallocated amount of $75,000 is fully covered by the identified funding sources. No additional appropriations are required.
If the council decides to pursue these applications, the budget for each will be added to the City Engineer's contract.
ATTACHMENTS:
Task Order No. 26-6 Funding Opportunity Grant Applications 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
176
Item B.
1 Project Funding Opportunities
City of Sonora
October 6, 2025
177
Item B.
2 Planning Leads to Funding Opportunities
From the May PREPARE Report presentation:
Pursue BRIC Federal
Funding Program.
Caltrans SHOPP project
Pursue Local, State,
and Federal Funding
programs
Identify these projects in
the SS4A Action Plan
Pursue a Caltrans
Sustainable
Transportation Planning
Grant
178
Item B.
3 Three Candidate Funding Programs
• Sonora City-Wide Evacuation Route
Improvements
Caltrans Sustainable
Transportation
Planning Program
• Sonora Creek Restoration and Parking Lot
Removal at Stewart Street and Theall Street
CA Wildlife
Conservation Board
Grant
• Downtown Sonora Walkability Improvements CA Active
Transportation Grant
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Item B.
4 Sonora Main
Drain
Rehabilitation
Sonora Creek Restoration
and Detention Basin
Farmers Market Parking
Garage
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5 Sonora City-Wide
Evacuation Route
Improvements Plan
• CalFire mandate to
improve evacuation
routes
• Road widening limited
due to topography and
historic infrastructure.
• Investigate
enhancements to
parallel routes
• Investigate parking
needs and solutions
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Item B.
6 Sonora Creek Restoration & River Walk
• Planning Study
• Remove the parking lot
• Identify Parking Replacement
• Identify Replacement site for
Farmers Market
• Construct a retention basin
• Restore the natural creek
• Slow down storm water during
large events
• Create a public space
182
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7 Downtown Sonora Walkability
Improvements
• Funding for all phases
• Improve sidewalks through Downtown
Core
• Reduce pedestrian related collisions
• Incorporate elements from Vision Sonora
183
Item B.
8 Thank you
Questions?
184
Item B.
October 6, 2025
City of Sonora
Attn: Melissa Eads, City Administrator
94 N. Washington Street
Sonora, CA 95370
Subject: Task Order No. 25-06 Funding Opportunity Grant Applications Dear Ms. Eads,
Thank you for the opportunity to submit this Task Order to prepare and submit three grant applications for an Evacuation Route Improvement Plan, the Sonora Creek Restoration and Parking Lot Removal & Replacement Plan, and the Downtown Walkability Plan
Project Understanding
Building on previous planning work, we are requesting a budget augmentation to prepare and submit grant applications to three funding programs. These three programs are:
Sonora City-Wide Evacuation Route Improvements: If successful, this grant will fund a planning study to evaluate routes through Sonora and investigate options for increased capacity. These options will include, but are not limited to, identification of parallel routes and parking modifications. This application will be submitted through the Caltrans Sustainable Transportation funding program and will require an 11.47% funding match. This is an excellent program for local agencies to improve the resiliency of their transportation network. This application has a high probability of obtaining funding.
Sonora Creek Restoration & Farmers Market Parking Lot Removal and Replacement Plan: If successful, this grant will fund a Planning study to evaluate the feasibility of creating a retention basin on Sonora Creek below the parking lot bounded by Stewart Street, Theall Street, and Shepherd Street. This study will evaluate the feasibility and benefits of converting this parking lot into a retention basin to slow down large stormwater flows, thereby alleviating flooding issues at the confluence of the Main Drain and Sonora Creek. Additionally, this study will investigate the creation of a creek walk along Sonora Creek, which would open this space to the community and expand options for non-motorized transportation. An important component of this study will be the identification of alternative parking options and locations for the Farmers Market, which currently takes place in the existing parking lot. This program does not have match requirements; however, providing a match will improve the competitiveness of the application.
Downtown Sonora Walkability Improvements: This grant application, submitted through the State's Active Transportation Program (ATP), will request funding for all phases of a project to enhance walkability in downtown Sonora. The project area will include sidewalk improvements through the downtown core and on connecting side streets. The exact limits will be determined as an initial item of work. Additionally, components of Vision Sonora will be incorporated throughout. This program is extremely competitive; however, we have had success with it in the past and understand what needs to be included to submit a strong application.
Scope of Work
The following scope will provide the pre-design work needed to start the replacement wall design effort:
Task 1 – Caltrans Sustainable Transportation Grant Application for the Sonora City-Wide Evacuation Route Improvements:
Dewberry will perform services for this task.
Prepare and submit a grant application to the California Department of Transportation (Caltrans).
Task 2 – State of CA Conservation Board (WCB) application for the Sonora Creek Restoration & Farmers Market Parking Lot Removal and Replacement Plan:
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Item B.
Dewberry will perform services for this task.
Perform and submit a grant application to the WCB.
Task 3 – CA Active Transportation Program application for the Downtown Sonora Walkability Improvements plan:
Dewberry will perform services for this task.
Prepare and submit a grant application to the California Department of Transportation (Caltrans). Coordinate the concept design with the Caltrans SHOPP team, currently designing the pavement rehabilitation project through downtown Sonora.
Fee:
Not to Exceed:
Task 1 – Caltrans Application: $ 20,000
Task 2 – WCB Application: $ 20,000
Task 3 – ATP Application: $ 35,000
Total: $75,000
Sincerely, Approved by:
Mike Pugh, PE Melissa Eads
Contract Manager City Administrator
Associate Vice President City of Sonora
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Item B.