CITY COUNCIL MINUTES
November 14, 2022
REGULAR SESSION
A Regular Meeting of the Auburn City Council was held at Auburn City Hall, 1225 Lincoln Way, Auburn, CA on Monday, November 14, 2022 at 6:00 p.m. with Mayor Sandy Amara presiding and City Clerk Amy Lind recording the minutes.
This Regular Meeting of the City Council was held pursuant to Government Code section 54953(e) related to teleconferencing of meetings. The Governor's Proclamation of a State Emergency was still in effect and the City Council made the necessary findings under the law to hold teleconference meetings in this manner.
CALL TO ORDER/ ROLL CALL
Council Members Present: Matt Spokely, Daniel Berlant, Alice Dowdin Calvillo, and Rachel Radell-
Harris, Sandra Amara
Council Members Absent: None
Staff Members Present: City Manager John W. Donlevy, Jr., City Attorney Gary Bell, Public Works Manager Mengil Deane, Community and Economic Development Director Jonathan Wright, Fire Chief Dave Spencer, and Police Chief Ryan Kinnan.
CLOSED SESSION:
By MOTION adjourn to a Closed Session:
MOTION: Spokely/ Dowdin Calvillo/ Unanimously approved
1. PUBLIC EMPLOYEE APPOINTMENT/PUBLIC EMPLOYMENT (Gov.
Code, § 54957.)
Title: City Manager
2. CONFERENCE WITH LEGAL COUNSEL; ANTICIPATED LITIGATION (Gov. Code, § 54956.9, subds. (d)(2) & (d)(3).) A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below-described existing facts and circumstances, there is a significant exposure to litigation against the City. Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiff or plaintiffs. (Gov. Code, § 54956.9, subd. (e) (1).
REPORT OUT OF CLOSED SESSION
Mayor Amara reported a firm for City Manager recruitment has been selected.
She said "the City is focused on moving forward with our strategic plan and we will meet with the recruitment firm as soon as possible to start the process"
PLEDGE OF ALLEGIANCE
AGENDA APPROVAL
City Manager Donlevy removed item 14; the remainder of the agenda was approved by consensus of Council.
CONSENT CALENDAR
Mayor Amara removed item 6.
Minutes
By MOTION, approve the City Council Minutes of 9/12/2022, 9/22/2022, 9/26/2022, 9/29/2022, 10/19/2022 and 10/20/2022.
Warrants Paid - June 2022 - October 2022
By RESOLUTION 22-113, ratify and approve payment of warrants 37264 through 37304 and 106713 through 107969, including voided warrants totaling $12,153,726.70.
3. Streetscape History Art and Advisory Committee
By RESOLUTION 22-114 approve proposed changes to the rules and procedures for the committee; and by MOTION, approve the revised criteria for selection of Streetscape Tiles or Amenities.
4. 2023 ADA Curb Ramp Rehabilitation Project; Award of Contract and Environmental Determination
1. By RESOLUTION 22-115, authorize the Public Works Manager to execute a construction contract with PBM Construction, Inc. for the 2023 ADA Curb Ramp Rehabilitation Project in an amount not to exceed $198,385.00 which includes a base bid of $122,375.00, an alternate bid of $57,975.00 and a 10% contingency of $18,035.00.
2. By RESOLUTION 22-116, find the 2023 ADA Curb Ramp Rehabilitation Project categorically exempt from the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) and Section 15302 (Replacement or Reconstruction).
Crimson Court & Sunrise Ridge Circle Storm Drain Replacement - Award of Contract
By RESOLUTION 22-117, authorize the Public Works Manager to execute a Construction Contract plus contingency with Lafleur Excavating, Inc. for the Crimson Court & Sunrise Ridge Circle Storm Drain Replacement Project in an amount not to exceed (with a 10% contingency) $927,087.70.
Accept Grant Funds from the United States Department of Justice, COPS Hiring Program 2022 Fiscal Year Award
Removed from consent calendar; see item 14a.
Canyon Creek Final Map and Subdivision Agreement
Removed from the consent calendar; see item 14b.
California Building Standards Codes
By MOTION, conduct a second reading, by title only, and adopt an ORDINANCE 22-04 to amend the Auburn Municipal Code, sections 100.50 and 100.53(A) and sections 50.001, 150.003(A) (5), 150.006, 150.008(A)(7), 150.030, 150.040, 150.050, 150.070, and eliminating 150.080. Thereby adopting the 2022 editions of the California Building Standards Codes (CBSC) and amendments thereto.
9. Ordinance Amending Chapter 159 of Title XV of the Auburn Municipal Code
regulating Accessory Dwelling Units (ADUs) and Junior Dwelling Units (JADUs)
By MOTION, hold a second reading, by title only, and adopt an ORDINANCE 22-05 repealing and replacing sections of Chapter 159 of Title XV of the Auburn Municipal Code regulating Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). The Ordinance:
1. Finds the request statutorily exempt from California Environmental Quality Act review pursuant to Section 15282, Subdivision (h), of the CEQA regulations.
10. Ordinance Amending Chapter 159 of Title XV of the Auburn Municipal Code
regulating Residential Density Bonus
By MOTION, hold a second reading, by title only, and adopt an ORDINANCE 22-06 repealing and replacing sections of Chapter 159 of Title XV of the Auburn Municipal Code regulating Residential Density Bonus.
The Ordinance:
1. Finds the request exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations and other applicable law.
2. Approves amendments to the Auburn Municipal Code regarding residential density bonus to ensure consistency with state law.
11. Professional Services Agreement for Planning Services By RESOLUTION 22-118 approve the Professional Service Agreement between the City of Auburn and Interwest Consulting Group, a SAFEbuilt Company, for on call services and allow the City Manager to authorize amendments and sign all documents.
12. Approval of the Sale of the Palm Terrace Apartments and consent to Assignment and Assumption of a $250,000 Auburn Urban Development Authority Loan (Acting as Successor Agency) By RESOLUTION 22-119, approve the sale of the Palm Terrace Apartments and consent to the Assignment and Assumption of a $250,000 Auburn Urban Development Agency Loan for the Palm Terrace Apartments and authorize the Chair of the Consolidated Oversight to Consent to the same and execute all documents related to this matter.
13. City Hall Basement and Rose Room Repairs
By RESOLUTION 22-120, approve a $71,680.19 contract provided by Belfor Property Restoration for repairs to damaged areas and authorize the City Manager or his designee to sign all documents.
14. Ordinance Amendment Regarding the Community and Economic Development Department and the Finance Department
Removed from agenda.
*************** End of Consent Calendar **************
By MOTION, approve the consent calendar excluding items 6 and 7.
The motion was made by Council Member Berlant and seconded by Council Member Dowdin Calvillo and approved by the following roll call vote:
Ayes: Spokely, Berlant, Dowdin Calvillo, Radell-Harris, Amara Noes: None
Absent: None
Accept Grant Funds from the United States Department of Justice, COPS Hiring Program 2022 Fiscal Year Award
Council members spoke in favor of this item; and asked additional questions.
By RESOLUTION 22-121, approve and authorize the City Manager or his designee to accept the Department of Justice COPS hiring grant in the amount of $500,000 and with that funding create two Police Sergeant Positions and two Police Officer positions within the Auburn Police Department.
The motion was made by Council Member Berlant and seconded by Council Member Dowdin Calvillo and approved by the following roll call vote:
Ayes: Spokely, Berlant, Dowdin Calvillo, Radell-Harris, Amara Noes: None
Absent: None
14b. Canyon Creek Final Map and Subdivision Agreement
Mayor Amara recused herself and left the Council Chambers.
By RESOLUTION 22-122, approve the following:
a. Authorize the City Manager to execute the Public Improvement Agreement with Canyon Creek 23, LLC; and
b. Approve the Subdivision Final Map Canyon Creek SUB 03-2; and c. Authorize the Vice Mayor to sign the Canyon Creek Final Map, on behalf of the city, and
d. Authorize the recording of the Public Improvement Agreement and Final Map with the County Recorder.
The motion was made by Council Member Berlant and seconded by Council Member Spokely and approved by the following roll call vote:
Ayes: Spokely, Berlant, Radell-Harris, Dowdin Calvillo
Noes: None
Absent: Amara
Mayor Amara rejoined the meeting.
15. Public Comment
Mayor Amara spoke about Veteran's Day celebrations.
Council Member Dowdin Calvillo announced the Mandarin Festival this weekend
Council Member Berlant thanked the Arts Commission for decorating the Art Park for Christmas.
Richard Schuman, resident, sent in a public comment regarding noise pollution.
COUNCIL BUSINESS
16. Greater Auburn Area Fire Safe Council Presentation
Robert Kiseleff, Chair of the GAAFSC, provided a report to the Council (available in record).
Public comment received by Bob Snyder, resident.
Council member questions and comments followed.
17. Old Town Capital Planning
City Manager Donlevy presented this item.
Council questions followed.
Public comment by Mr. Yue, resident of Old Town. Linda Lareau, 2d Vice President of OTBA. Jackie Weston, Auburn Chamber of Commerce.
Tyghe Richardson, Business and Property Owner in Old Town. Robert Hane, North Auburn resident.
Council comments followed.
By MOTION, authorize engineering review of the Old Town infrastructure based on the recommendations that both include the Washington Plaza and Fireman's Park, Commercial Street to Sacramento Street.
The motion was made by Council Member Berlant and seconded by Council Member Dowdin Calvillo.
Consensus of the Council was to direct staff to increase outreach for this project.
The motion was approved by the following roll call vote:
Ayes: Spokely, Berlant, Radell-Harris, Dowdin Calvillo, Amara Noes: None
Absent: None
REPORTS
18. City Manager Report
City Manager Donlevy provided a report
City Council Committee Reports
City Council Members reported to the council and public on projects and programs that are discussed at their appointed committees and
ADJOURNMENT
Mayor Amara adjourned the meeting, without vote and by consensus at 8:37 p.m.
Saudis h
Amy Lind iCit Cler