CITY COUNCIL A G E N D A
MONDAY, MARCH 7, 2022
6:30 P.M. Closed Session
7:00 P.M. Regular Session
33 Church Street, Sutter Creek CA 95685
The Agenda can be found on the City’s Website: www.cityofsuttercreek.org
THE CITY OF SUTTER CREEK CITY COUNCIL MEETING WILL BE AVAILABLE VIA ZOOM AND IN PERSON.
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Meeting ID: 956 852 0224
Public comment will be accepted by email at [email protected]. All emails must be received prior to the start of the meeting.
6:30 P.M. 1. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Amy Gedney, City Manager
Employee Organizations: S.E.I.U
7:00 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR
MEETING
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION
5. PUBLIC FORUM
At this time, the public is permitted to address the City Council on items not appearing on the agenda. Comments may not exceed 5 minutes. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. The City Council may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter. The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2.
Public comment on any item listed below shall be limited to five minutes, unless additional time is permitted by the Mayor/Council.
6. PRESENTATIONS – None.
7. INFORMATION/CORRESPONDENCE -None.
8. MAYOR AND COUNCIL MEMBER REPORTS
This section is to provide Council members an opportunity to present updates on their activities and to request items be placed on future agendas.
9. CONSENT AGENDA
Items listed on the consent agenda are considered routine and may be enacted in one motion. Any item may be removed for discussion at the request of Council or the Public.
* A. City Council Minutes of February 7, 2022
Recommendation: By motion approve minutes as presented. *
*
B. Warrants
Recommendation: By motion approve warrants as presented.
C. Resolution 21-22-* Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
Recommendation: Adopt Resolution 21-22-* as presented.
10. ORDINANCES & PUBLIC HEARINGS
*
A. Continue to March, 21, 2022 -Public Hearing regarding the vacation of Prosperity Court -
Recommendation:
1) Continue public hearing from February 7,2022 and receive public input. 2) Adopt Resolution 21-22-*of the City Council of the City of Sutter Creek ordering the summary vacation of the street known as “Prosperity Court” pursuant to Streets and Highways code sections 8300 et seq.
B. Introduce and Waive First Reading of Ordinance No. _____Enacting Article VI of Chapter 9.08 of the Sutter Creek Municipal Code concerning organic waste disposal.
11. ADMINISTRATIVE AGENDA
*
*
A. Resolution 21-22-* Extending Temporary Use Permits for outdoor dining on sidewalks until June 1, 2022.
Recommendation: Adopt Resolution 21-22-* as presented.
B. Impact Fee ENR Adjustment
Recommendation: Direct staff to provide notice of a public hearing to hear public comments regarding a proposed impact fee adjustment to be effective July 1, 2022.
* C. Adopt Resolution 21-22-* Conveying real property (APNS: 011-050-011; 040-010-023-501; 040-010-020; 040-010-024), and authorizing the City manager to execute the conveyance
Recommendation: Adopt Resolution 21-22-* as presented.
12. CITY MANAGER’S REPORT
This section is an opportunity to provide Council members with a brief status update on staff activities. No action is expected to be taken by the Council.
13. ADJOURNMENT
The next regularly scheduled meeting is MONDAY, MARCH 21ST at 7:00 P.M 1 MINUTES OF THE SUTTER CREEK CITY COUNCIL OF
February 7, 2022
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, THE PUBLIC WAS ALSO ABLE TO PARTICIPATE FROM HOME:
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Meeting ID: 327 897 8807
1. CLOSED SESSION – None.
7:00 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING Mayor Swift called the meeting to order at 7:00 p.m.
Council members Present:
Gunselman (via Zoom), Peters, Rianda, Sierk and Swift
Vicky Runquist, City Treasurer
Staff Present:
Amy Gedney
Derek Cole
Karen Darrow
Jodi Steneck
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Swift led the Pledge of Allegiance.
4. REPORT FROM CLOSED SESSION- None.
5. PUBLIC FORUM
Joseph Cooper of Sutter Creek presented his idea for an Eagle Scout project, proposing that he replace the flags and flag poles that are set up by the Scouts on Main Street. He plans to ask the Native Sons and the American Legion to help fund his project.
Mayor Swift commended him on his proposal and suggested he meet with City Manager Gedney to get the City approval he needs.
2 Lisa Klosowski, owner of the Music Box Company in Sutter Creek requested that the pallets on Main Street in front of Hotel Sutter and Le Mulet Rouge be removed because she thinks they look terrible.
6. PRESENTATIONS-None.
7. INFORMATION & CORRESPONDENCE
A. 2021-2022 Mid -Year Revenue and Expenditure Update.
So noted.
8. MAYOR AND COUNCIL MEMBER REPORTS
This section is to provide Council members an opportunity to present updates on their activities and to request items be placed on future agendas.
Council member Peters noted that the Foundry will be open on Saturday for tours and that they will be conducting an iron pour on February 26th and a class on March 19th. He also reported that he attended the ACTC meeting last week regarding the distribution of funds for local road improvements. He noting that there are funds available to be distributed to the County and Cities and that the distribution proforma is still being discussed. The prison population in Ione seems to be a factor in calculating a fair distribution method.
Council member Gunselman requested an update on the plans for the sewer plant.
Council member Sierk reported that ACRA met to discuss pool fees and noted that the Jackson pool may come under ACRA management. She also requested that the red curbs at the North end of Main Street be revisited and she would like to see enforcement of the outdoor dining permits.
9. CONSENT AGENDA – Items listed on the consent agenda are considered routine and may be enacted in one motion. Any item may be removed for discussion at the request of Council or the Public.
A. City Council Minutes of January 8, 2022
Recommendation: By motion approve minutes as presented.
M/S Council member Peters/Rianda to approve the Minutes of January 8, 2022, as presented.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
B. Warrants
Recommendation: By motion approve warrants as presented. 3 M/S Council member Peters/Sierk to approve the warrants, excluding the Weber Ghio warrant.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Rianda/Sierk to approve the Weber Ghio warrant.
AYES: Gunselman, Rianda, Sierk and Swift
NOES: None
ABSTAIN: Peters
ABSENT: None
MOTION CARRIED
C. Resolution 21-22-* Authorizing Amador County to submit a grant fund application for City of Sutter Creek to implement SB 1383, organic recycling.
M/S Council member Peters/Rianda to adopt Resolution 21-22-29 Authorizing Amador County to submit a grant fund application for City of Sutter Creek to implement SB 1383, organic recycling.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
D. Resolution authorizing the City Manager to sign the Grant Deed to transfer mitigation property to Caltrans
The Council directed staff to investigate the wording on the deed, make necessary changes and bring this item back to a meeting in the near future.
10. ORDINANCES & PUBLIC HEARINGS
A. Public Hearing regarding the vacation of Prosperity Court, Recommendation:
1) Hold public hearing and receive public input.
2) Adopt Resolution 21-22-*of the City Council of the City of Sutter Creek ordering the summary vacation of the street known as “Prosperity Court” pursuant to Streets and Highways code sections 8300 et seq.
City Attorney Cole noted that he needed more time to better understand the current ownership of this property prior to moving forward.
4 M/S Council member Rianda/Sierk to continue the public hearing to March 7, 2022.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
11. ADMINISTRATIVE AGENDA
A. Council member stipends
Recommendation: For discussion and staff direction.
Mayor Swift noted that the stipends should not be withheld indefinitely.
Councilmember Gunselman suggested that the stipend diversion should be discontinued and that they should consider what to do with the money.
the Council directed staff to bring back a resolution to reinstate the stipends and open a discussion regarding how to spend the money.
12. CITY MANAGER’S REPORT
City Manager Gedney noted that the WWTP grant is on hold until ARSA charts a path forward.
She continues to meet with the Regional Board but are in a waiting pattern.
City Manager Gedney reported that the Division of Mines Reclamation is offering money to pay for the sinkhole in the parking lot and is looking to have the project completed by June. The City would have to front fund the project and would be reimbursed. There will be a meeting at the sinkhole on February 15th.
13. ADJOURNMENT
The meeting was adjourned at 8:46 p.m.
___________________________________
Jim Swift, Mayor
___________________________________
Karen Darrow, City Clerk
Date Approved:
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: MARCH 7, 2022
FROM: JODI ARROYOS, ACCOUNT TECHNICIAN
SUBJECT: WARRANTS PAID ON 2/22/22 AND CURRENT WARRANTS
RECOMMENDATION:
Attached you will find two warrant lists. The first list of warrants was paid on February 22, 2022 and the second list of warrants are to be paid.
BUDGET IMPACT:
Previously paid total is $162,506.49 and current warrants total is $58,016.32
RESOLUTION 21-22-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF SUTTER CREEK
WHEREAS, the City of Sutter Creek is committed to preserving and nurturing public access and participation in public meetings; and
WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code sections 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or human-caused disasters; and WHEREAS, such conditions now exist in the City of Sutter Creek; and WHEREAS, the City Council does hereby find that the Covid-19 emergency has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to ratify the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, as a consequence of the emergency, the City Council finds that the legislative bodies of the City of Sutter Creek shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek proclaims that an emergency continues to exist throughout the City of Sutter Creek and requiring persons to meet in public, without providing an option for remote participation, would present an imminent risk to public health to those for whom remote participation would be optimal for medical reasons.
BE IT FURTHER RESOLVED that the City Manager and legislative bodies of the City of Sutter Creek are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
BE IT FURTHER RESOLVED that this Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) 30 days from the date of its adoption, or (ii) such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Sutter Creek may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 7
th day of March, 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Jim Swift, Mayor
ATTEST:
______________________________________
Karen Darrow, City Clerk
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer
STAFF REPORT
TO: CITY COUNCIL
MEETING DATE: MARCH 7, 2022
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: INTRODUCTION AND WAIVER OF FIRST READING OF
ORDINANCE ENACTING ARTICLE VI OF CHAPTER 9.08
OF THE SUTTER CREEK MUNICIPAL CODE
CONCERNING ORGANIC WASTE DISPOSAL
Recommendation:
The City Council is requested to introduce and waive the First Reading of the Ordinance Enacting Article VI of Chapter 9.08 of the Sutter Creek Municipal Code Concerning Organic Waste Disposal.
Background:
SB 1383 was signed into law on September 19, 2016 to reduce organic waste disposal by 75% and increase edible food recovery by 20% by 2025. SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years and requires all jurisdictions to implement a mandatory organic recycling ordinance. This legislation requires all businesses, residents, and multifamily family apartments to have access to recycling programs that capture food scraps, landscaping waste, among other organic waste materials.
According to CalRecycle, landfills are the third largest source of methane in California.
Approximately 34 percent of landfill space is comprised of organic waste. Food waste alone accounts for approximately 17-18 percent of total landfill disposal. The decomposition of organic waste in landfills is a significant source of greenhouse gas emissions. The goal of SB 1383 is to divert organic waste from landfills, thereby reducing methane emissions. 18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer Discussion:
Senate Bill 1383 mandates cities and counties to:
• Provide organic waste collection to all residents and businesses; • Develop and adopt an enforcement mechanism or ordinance by January 2022; • Implement an edible food recovery program that recovers edible food from the waste stream;
• Establish a procurement policy to purchase paper products made with recycled content and purchase recycled organic waste products;
• Provide outreach and education for generators, haulers, facilities, edible food recovery organizations, and municipal departments;
• Maintain accurate compliance records; and
• Monitor compliance and conduct enforcement.
To comply with SB 1383, jurisdictions throughout the state are required to adopt an enforcement mechanism or ordinance by January 2022. The purpose and intent of the proposed ordinance is to comply with the State’s mandate and, through education, redistribution, and recycling efforts, reduce potent pollutants such as landfill methane emissions which are major contributors to climate change. This ordinance addresses and incorporates the above requirements of SB 1383.
SB 1383 allows cities to take an educational approach to enforcement for the first two years of the ordinance being in effect. Starting January 2024, cities must take progressive enforcement actions against organic waste generators that are not in compliance.
Fiscal Impact:
There is no fiscal impact associated with the adoption of the proposed ordinance. 1 ORDINANCE NO._____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK ENACTING ARTICLE VI OF CHAPTER 9.08 OF THE SUTTER CREEK
MUNICIPAL CODE CONCERNING ORGANIC WASTE DISPOSAL
The City Council of the City of Sutter Creek, California does ordain asfollows:
Section 1
Article VI of Chapter 9.08 of the Sutter Creek Municipal Code is enacted as follows:
9.08.710 Title.
This Chapter may be cited as the Organic Waste Disposal Reduction Ordinance.
9.08.720 Purpose and findings.
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded and replaced from time to time), places requirements on businesses and multifamily property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires jurisdictions to implement a mandatory commercial recycling program.
C. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including jurisdictions, residential households, commercial businesses and business owners, commercial edible food generators, haulers, selfhaulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets.
D. SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires jurisdictions to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations applicable to their jurisdictions. This ordinance will also help reduce food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for 2 human consumption.
E. Amador County meets the definition of rural jurisdiction as defined in Section 42649.8 of the Public Resources Code and has therefore applied for the rural exemption in compliance with Section 18984.12 (c) of Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations” or “Regulations”). The city submitted and received approval of its rural exemption application and therefore is not subject to Article 3 Organic Waste Collection Services, Section 18992.1 of Article 11 Organic Waste Capacity Planning, and Sections 18993.1 and .2 of Article 12 Procurement of Recovered Organic Waste Products through December 31, 2026. Collection of recyclables and organics may occur in exempt rural areas and that collection is not subject to SB 1383 regulations or this ordinance unless otherwise required.
F. The city is subject to providing education and outreach information to organic waste generators, enforcing certain provisions of the CALGreen Building Standards and Model Water Efficient Landscape Ordinance, implementing an edible food recovery program and edible food recovery capacity planning, procurement of paper products, facility sampling for contamination of materials, inspections and enforcement, and recordkeeping and reporting to CalRecycle in compliance with the SB 1383 Regulations.
9.08.730 Definitions.
For purposes of this Chapter, the following words or phrases are defined as follows:
A. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Jurisdictions (and others).
B. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this ordinance are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
C. “City” means the City of Sutter Creek.
D. “Commercial business” or “commercial” means a firm, partnership, proprietorship, jointstock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five (5) units is not a commercial business for purposes of implementing this ordinance.
E. “Commercial edible food generator” includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, food recovery organizations and food recovery services are not commercial edible food generators pursuant to 14 CCR Section 18982(a)(7).
F. “Compliance review” means a review of records by a jurisdiction to determine compliance with this ordinance.
3 G. “C&D” means construction and demolition debris.
H. “Designee” means an entity that a Jurisdiction contracts with or otherwise arranges to carry out any of the Jurisdiction’s responsibilities of this ordinance as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
I. “Edible food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible food” is not solid waste if it is recovered and not discarded. Nothing in this ordinance or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of edible food that does not meet the food safety requirements of the California Retail Food Code.
J. “Enforcement action" means an action of the jurisdiction to address non-compliance with this ordinance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
K. “Food” has the same meaning as in Section 113781 of the Health and Safety Code. “Food” means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
L. “Food distributor” means a company that distributes food to entities including, but not limited to, supermarkets and grocery stores, or as otherwise defined in 14 CCR Section 18982(a)(22).
M. “Food facility” has the same meaning as in Section 113789 of the Health and Safety Code.
N. “Food recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
O. “Food recovery organization” means an entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
A Food Recovery Organization is not a commercial edible food generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for food recovery organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance.
4 P. “Food recovery service” means a person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A food recovery service is not a commercial edible good generator for the purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Q. “Food service provider” means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
R. “Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
S. “Implementation record” means the records and documentation required to be kept under Section 18995.2 of the SB 1383 Regulations.
T. “Inspection” means a site visit where a jurisdiction reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35).
U. “Jurisdiction” means the city.
V. “Jurisdiction enforcement official” means the city manager or authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance.
W. “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance.
X. “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this ordinance and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single large 5 venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this ordinance.
Y. “Local education agency” means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to solid waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
Z. “Multi-family” or “multi-family residential dwelling” means of, from, or pertaining to residential premises with five (5) or more swelling units. Multi-family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial businesses.
AA. “MWELO” refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7, codified by reference in section 14.10.10 of this code.
BB. “Non-local entity” means the following entities that are not subject to the jurisdiction’s enforcement authority, or as otherwise defined in 14 CCR Section 18982(a)(42):
1. Special district(s) located within the boundaries of the jurisdiction.
2. Federal facilities, including federal parks, located within the boundaries of the Jurisdiction.
3. Prison(s) located within the boundaries of the Jurisdiction.
4. Facilities operated by the State Park System located within the boundaries of the jurisdiction.
5. Public universities (including community colleges) located within the boundaries of the Jurisdiction.
6. County fairgrounds located within the boundaries of the Jurisdiction.
7. State agencies located within the boundaries of the Jurisdiction.
CC. “Notice of Violation (NOV)” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45) or further explained in 14 CCR Section 18995.4.
DD. “Paper products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
EE. “Person(s)” means any corporation, company, partnership, firm, or association as well as a natural person.
FF. “Printing and writing Papers” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
6 GG. “Recycled-content paper” means paper products and printing and writing paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
HH. “Reporting Authority” means the Amador Waste Management Department.
II. “Restaurant” means an establishment primarily engaged in the retail sale of food and drinks for on-premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
JJ. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
KK. “SB 1383 Regulations” or “Regulations” means or refers to, for the purposes of this ordinance, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
LL. “State” means the State of California.
MM. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
NN. “Tier one commercial edible food generator” means a commercial edible food generator that is one of the following:
1. Supermarket.
2. Grocery store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator is amended in the future and differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall automatically apply to this Chapter.
OO. “Tier two commercial edible food generator” means a commercial edible good generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site Food Facility and 200 or more rooms.
3. Health facility with an on-site Food Facility and 100 or more beds.
4. Large venue.
7 5. Large event.
6. A state agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A local education agency facility with an on-site food facility.
If the definition in 14 CCR Section 18982(a)(74) of tier two commercial edible food generator is amended in the future and differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall automatically apply to this Chapter.
PP. “Wholesale food vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76).
9.08.735 Provisions of this article prevail over contrary provisions.
To ensure the maximum enforcement of this Ordinance in accordance with state law, the provisions of this article shall prevail over any contrary section or provision of this code.
9.08.740 Requirements for the recordkeeping and reporting authority.
A. In conformance with Section 18995.2 of the SB 1383 Regulations, the city will store and maintain the implementation record in a manner as required in the regulations and shall provide that information to the reporting authority upon request.
B. Upon request by a CalRecycle representative, the city will provide access to the implementation record within 10 business days in conformance with the California Public Records Act (Government Code §6250 et seq.). The city or responsible department shall each notify the other and the reporting authority if a request for all or part of the implementation record is received and shall coordinate a response to such request.
9.08.750 Requirements for education and outreach.
A. A list of food recovery organizations as identified in the SB 1383 Regulations at Section 18982(a)(25)(A)–(B) and food recovery services operating within the jurisdiction shall be maintained on the jurisdiction’s website. The list shall be updated annually and include, at a minimum, the following information about each food recovery organization and each food recovery service:
1. Name and physical address.
2. Contact information.
3. Collection service area.
4. An indication of types of food the food recovery service or organization can accept for food recovery.
B. At least annually the city or the county waste management department by agreement shall:
1. Provide tier one and two commercial edible food generators with the following information:
a.) Information about the jurisdiction’s edible food recovery program established 8 pursuant to Section 18991.1 of the Regulations.
b.) Information about the commercial edible food generator requirements specified in Article 10 of the Regulations.
c.) Information about food recovery organizations and food recovery services operating within the jurisdiction, and where a list of those food recovery organizations and food recovery services can be found.
d.) Information about actions that commercial edible food generators can take to prevent the creation of food waste.
2. The jurisdiction may provide this information by including it with regularly scheduled notices to those commercial businesses, including the notices provided pursuant to Section 18985.1 of the Regulations.
9.08.760 Requirements for commercial businesses.
A. A business that generates more than four cubic yards of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state laws and the mandatory commercial recycling requirements of the City.
B. The commercial solid waste recycling program shall include education, outreach to, and monitoring and enforcement of businesses and multifamily residential dwelling of five units or more.
9.08.770 Requirements for commercial edible food generators.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, in accordance with Section 18991.3 of the SB 1383 Regulations.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial edible food generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of edible food that would otherwise be disposed.
2. Contract with or enter into a written agreement with food recovery organizations or food recovery services for:
a.) The collection of edible food for food recovery; or, b.) Acceptance of the edible food that the commercial edible food generator selfhauls to the food recovery organization for food recovery.
3. Shall not intentionally spoil edible food that is capable of being recovered by a food recovery organization or a food recovery service.
4. Allow the city or the city’s designated enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4 of the Regulations.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:(A) of the Regulations.
9 a.) A list of each food recovery service or organization that collects or receives its edible food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b) of the Regulations.
b.) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b) of the regulations.
c.) A record of the following information for each of those food recovery services or food recovery organizations:
(1) The name, address and contact information of the food recovery service or food recovery organization.
(2) The types of food that will be collected by or self-hauled to the food recovery service or food recovery organization.
(3) The established frequency that food will be collected or self-hauled. (4) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a food recovery service or food recovery organization for food recovery.
(6) No later than March 1st of each year commencing no later than March 1, 2023 for tier one commercial edible food generators and March 1, 2025 for tier two commercial edible food generators, provide an annual food recovery report to the reporting authority that includes all information listed above in subsection (c)(5).
D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
9.08.780 Requirements for food recovery organizations and services.
A. Food recovery services collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b) of the SB 1383 Regulations, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1) of the regulations:
1. The name, address, and contact information for each commercial edible food generator from which the service collects edible food.
2. The quantity in pounds of edible food collected from each commercial edible food generator per month.
3. The quantity in pounds of edible food transported to each food recovery organization per month.
4. The name, address, and contact information for each food recovery organization that the food recovery service transports edible food to for food recovery.
B. Food recovery organizations collecting or receiving edible food directly from commercial edible food generators, via a contract or written agreement established under 14 CCR Section 18991.3(b)of the regulations, shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2)of the regulations:
10 1. The name, address, and contact information for each commercial edible food generator from which the organization receives edible food.
2. The quantity in pounds of edible food received from each commercial edible food generator per month.
3. The name, address, and contact information for each food recovery service that the organization receives edible food from for food recovery.
C. Food recovery organizations and food recovery services that have their primary address physically located in the Jurisdiction and contract with or have written agreements with one or more commercial edible food generators pursuant to 14 CCR Section 18991.3(b) of the regulations shall report to the Jurisdiction the total pounds of edible food recovered in the previous calendar year from the tier one and tier two commercial edible food generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b) of the regulations no later than March 1.
D. Food recovery capacity planning
1. In order to support edible food recovery capacity planning assessments or other studies conducted by the city or its designated entity, food recovery services and food recovery organizations operating in the jurisdiction shall provide information and consultation to the city, upon request, regarding existing, or proposed new or expanded, food recovery capacity that could be accessed by the jurisdiction and its commercial edible food generators. A food recovery service or food recovery organization contacted by the city shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the jurisdiction.
2. The county shall conduct edible food recovery capacity planning, in coordination with the cities. If the county identifies that new or expanded capacity to recover edible food is needed, then the city will work with the county to expand edible food recovery
9.08.790 Compliance with CALGreen recycling requirements.
A. The City is responsible for CALGreen Building Code compliance, and shall annually report to the reporting authority the number of projects subject to the following:
1. The adequate space requirements for recycling containers for new construction of Multi-family dwelling units of five or more units on a building site and new commercial construction and additions.
2. Requirements and applicable laws related to management of C&D from disposal, including tracking of C&D debris.
B. Persons applying for a permit from the jurisdiction for new construction and building additions and alterations shall comply with all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen.
Project applicants shall refer to the Jurisdiction’s Building Department for complete CALGreen requirements.
11 9.08.800 Compliance with Model Water Efficient Landscaping Ordinance requirements.
A. The city is responsible for Model Water Efficient Landscaping Ordinance (MWELO) compliance, including the tracking and reporting of compost and mulch use requirements and upon request annually reporting to the Reporting Authority in compliance with the SB 1383 regulations.
B. Persons applying for a permit from the jurisdiction for new construction requiring a permit with a landscape area greater than 500 square feet or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet shall comply with all required components of the MWELO.
Project applicants shall refer to the City for complete MWELO requirements. The MWELO is adopted by reference in section 14.10.10 of this code.
C. If, after the adoption of this ordinance, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B) (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
9.08.810 Procurement requirements for jurisdiction departments, direct service providers, and vendors.
The jurisdiction is responsible for paper procurement in compliance with their procurement policy, including the tracking and reporting of procurement by each department and annually reporting to the Reporting Authority in compliance with the SB 1383 regulations.
9.08.820 Solid waste facility requirements.
The applicable sampling and monitoring requirements found in Article 6.0, Transfer/Processing Operations and Facilities Regulatory Requirements of Title 14, Division 7, Chapter 3 in the California Code of Regulations shall apply.
9.08.830 Inspections and investigations by jurisdiction.
A. City employees and any entity acting on behalf of the City, are authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or source separated materials to confirm compliance with this ordinance by solid waste generators, commercial businesses (including multi-family residential dwellings), property owners, commercial edible food generators, haulers, self-haulers, food recovery services, and food recovery organizations, subject to applicable laws. This section does not allow jurisdiction to enter the interior of a private residential property for inspection.
B. Regulated entities shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the jurisdiction’s employee or its 12 designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, edible food recovery activities, records, or any other requirement of this ordinance described herein.
Failure to provide or arrange for: (1) access to an entity’s premises; or (2) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described.
C. Any records obtained by the city and/or its designated entities during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
D. The city and/or its designated entities shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints.
9.08.140 Enforcement.
A. Violation of any provision of this ordinance shall constitute grounds for issuance of a notice of violation and assessment of a fine by a jurisdiction enforcement official or representative. enforcement actions under this ordinance are issuance of an administrative citation and assessment of a fine. The jurisdiction’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this ordinance and any rule or regulation adopted pursuant to this ordinance, except as otherwise indicated in this ordinance.
B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Jurisdiction may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Jurisdiction may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Jurisdiction staff and resources.
C. Enforcement pursuant to this chapter may be undertaken by the city enforcement official, or their designated entity, legal counsel, or combination thereof.
D. Process for enforcement
1. Enforcement officials and/or their designee will monitor compliance with the ordinance randomly and through compliance reviews, investigation of complaints, and an inspection program.
2. The city may issue an official notification to notify regulated entities of its obligations under the ordinance.
3. The city shall issue a notice of violation requiring compliance within 60 days of issuance of the notice.
4. Absent compliance by the respondent within the deadline set forth in the notice of violation, the city shall commence an action to impose penalties, via an administrative citation and fine. Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the jurisdiction or if no such address is available, to the owner at the address of the dwelling or commercial property or to the party 13 responsible for paying for the collection services, depending upon available information.
E. Penalty amounts for types of violations
The penalty levels are as follows:
1. For a first violation, the amount of the base penalty shall be $50 to $100 per violation.
2. For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
3. For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
F. Factors considered in determining penalty amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
1. The nature, circumstances, and severity of the violation(s).
2. The violator’s ability to pay.
3. The willfulness of the violator's misconduct.
4. Whether the violator took measures to avoid or mitigate violations of this chapter.
5. Evidence of any economic benefit resulting from the violation(s).
6. The deterrent effect of the penalty on the violator.
7. Whether the violation(s) were due to conditions outside the control of the violator.
G. Compliance deadline extension considerations
The Jurisdiction may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with section 9.08.840 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters,
2. Delays in obtaining discretionary permits or other government agency approvals; or,
3. Deficiencies in organic waste recycling infrastructure or edible food recovery capacity and the jurisdiction is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
H. Appeals process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with the jurisdiction’s procedures in the jurisdiction’s codes for appeals of administrative citations.
I. Education period for non-compliance
14 From the effective date of this ordinance, and through December 31, 2023, the city, or other designated entity by agreement, will conduct inspections, and compliance reviews, depending upon the type of regulated entity, to determine compliance, and if the city determines that tier one commercial edible food generator, food recovery organization, food recovery service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this ordinance and a notice that violations may be subject to administrative civil penalties starting on January 1, 2024.
J. Enforcement Table
The following is a list of potential violations for entities subject to this ordinance:
Table 1. List of Violations
Requirement Description of Violation
Commercial business and
commercial business owner
responsibility requirement
Commercial business fails to provide or arrange for
organic waste collection services consistent with
Jurisdiction requirements for employees, contractors,
tenants, and customers, including supplying and allowing access to adequate numbers, size, and location of
containers and sufficient signage.
Facility sampling and
monitoring
Solid waste facilities fail to conduct required sampling and monitoring.
Commercial edible food
generator requirement
Tier one commercial edible food generator fails to arrange to recover the maximum amount of its edible food that
would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or
food recovery service and comply with this section
commencing on the effective date of this ordinance.
Commercial edible food
generator requirement
Tier two commercial edible food generator fails to arrange to recover the maximum amount of its edible food that
would otherwise be disposed by establishing a contract or written agreement with a food recovery organization or
food recovery service and comply with this section
commencing January 1, 2024.
Commercial edible food
generator requirement
Tier one or tier two commercial edible food generator
intentionally spoils edible food that is capable of being recovered by a food recovery organization or food
recovery service.
Commercial edible food
generator, food recovery
organization or food recovery
service
Failure to provide or arrange for access to an entity’s premises for any Inspection or investigation.
15 Recordkeeping requirements for
commercial edible food
generator
Tier One or Tier Two Commercial Edible Food Generator
fails to keep records.
Recordkeeping requirements for
food recovery services and food
recovery organizations
A food recovery organization or food recovery service that has established a contract or written agreement to collect or receive edible food directly from a commercial edible food generator pursuant to 14 CCR Section 18991.3(b) fails to keep records.
Section 2
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 3
The City Council determines that the provisions of this Ordinance are exempt from the California Environmental Quality Act because the instant ordinance involves continuing administrative activities and thus is not a project, as the Act defines, pursuant to Section 15378(b)(2) of the California Environmental Quality Act Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.
This ordinance shall be published and posted in the manner required by law by the City Clerk.
Introduced at a meeting of the City Council of Sutter Creek on March 7, 2022, and enacted by the City Council of the City of Sutter Creek at a regular meeting held on March 21, 2021.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Sutter Creek City Council, held on this 21st day of March 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Jim Swift, Mayor
ATTEST:
______________________________
16 Karen Darrow, City Clerk
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
MEETING DATE: MARCH 7, 2022
FROM: AMY GEDNEY, CITY MANAGER
SUBJECT: TEMPORARY USE PERMITS FOR OUTDOOR DINING ON CITY
SIDEWALKS
RECOMMENDATION:
Adopt Resolution 21-22-* extending Temporary Use Permits for outdoor dining on sidewalks until June 1, 2022.
BACKGROUND:
In an effort to accommodate our local businesses during the pandemic, on September 21, 2020, the City Council passed a Resolution expanding the use of public property for local businesses.
The original date of expiration was set to expire on December 31, 2020. On December 7, 2020, the City Council extended the Temporary Use Permits, TUPs, to March 31, 2021. On March 15, 2021, the City Council extended the TUPs to May 31, 2021. On May 3, 2021 the City Council extended the TUPs to September 30, 2021. On September 20, 2021 the City Council extended the TUPs to December 31, 2021. On December 6, 2022, the TUPs were again extended to February 28, 2022.
DISCUSSION:
During the Council workshop regarding the Draft Ordinance on February 28, 2022, the Council determined by a majority during the discussion that outdoor dining in city streets should no longer be permitted. The Council did determine that dining on city sidewalks is a viable option and directed staff to return to the City Council with an extension of the TUPs while the Draft Ordinance continues to be developed.
BUDGET IMPACT:
Continuing the TUPs does not pose any budget impacts.
RESOLUTION 21-22-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
EXPANDING TEMPORARILY THE USE OF CITY OWNED SIDEWALKS
FOR BUSINESSES IMPACTED BY COVID-19
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency to exist in California as a result of the COVID-19 pandemic; and
WHEREAS, on March 12, 2020, Governor Gavin Newsom signed Executive Order N-25-20 giving state and local public health officials the authority to issue guidance limiting or recommending limitations upon attendance at public assemblies, conferences or other mass events; and WHEREAS, on March 13, 2020, the President of the United States declared a national emergency as a result of COVID-19; and
WHEREAS, on March 16, 2020, the Amador County Health Officer declared a local health emergency as a result of COVID-19; and
WHEREAS, on March 16, 2020, the Director of Emergency Services of the City of Sutter Creek proclaimed the existence of a local emergency within the City, which the City of Sutter Creek Council ratified under Resolution No. 19-20-26; and
WHEREAS, the Governor of the State of California, the Amador County Public Health Officer and the City Council of the City of Sutter Creek have issued a series of Orders that restrict the type of businesses that can operate and how those businesses can provide goods and services to the public due to the risk of the spread of COVID-19; and
WHEREAS, beginning May 8, 2020 Governor Newsom began “Stage 2” of a reopening plan for businesses in California, allowing for businesses within specified industries to reopen with modifications, and
WHEREAS, businesses permitted to reopen must comply with federal, state and local directives and guidelines to ensure compliance with social distancing requirements and other COVID-19 risk mitigation measures, and
WHEREAS, on May 4, 2020, Amador County received a variance from the State Department of Public Health to move further into Stage 2 of reopening based on readiness criteria and the issuance of guidance and plans designed to mitigate the spread of COVID-19; and WHEREAS, to comply with public health orders, the City of Sutter Creek recognizes that businesses need to have the ability to modify operations which require unique allowances and temporary relief from certain zoning and land use regulations.
WHEREAS, on September 21, 2020, the City Council passed a Resolution expanding the temporary use of public property through a Temporary Use Permit, TUP, process for local businesses with an expiration of December 31, 2020; and
WHEREAS, on December 7, 2020, the City Council extended the TUPs to March 31, 2021; and WHEREAS, on March 15, 2021, the City Council extended the TUPs to May 31, 2021; and WHEREAS, on May 3, 2021, the City Council extended the TUPs to September 30, 2021; and WHEREAS, on September 20, 2021, the City Council extended the TUPs to December 31, 2021; and WHEREAS, on December 6, 2021, the City Council extended the TUPs to February 28, 2022; and WHEREAS, during a workshop to examine a Draft Ordinance for Outdoor Dining, the City Council has determined that it no longer would like to use city streets for outdoor dining, but would like to allow, if conditions are met, use of city sidewalks for outdoor dining; and WHEREAS, while revisions of a Draft Ordinance are underway, the City Council would like to extend TUPS with modifications outlined below.
NOW, THEREFORE BE IT RESOLVED THE CITY COUNCIL OF THE CITY OF SUTTER CREEK HEREBY ORDERS THAT:
1. Businesses may apply at no cost for the temporary use of the public right of way (e.g., sidewalks), City-owned and private property for modified business operations as may be necessitated by the impacts of COVID-19, subject to the following requirements:
a. Businesses must submit a Temporary Use Permit Application in a form approved by the City Manager to the City Hall, which shall include but not be limited to a sketch of the areas where seating or display of goods are to be moved or relocated (the Temporary Use Area);
b. Businesses must comply with all local, state and federal laws, regulations and guidelines governing the temporary use, including public health orders and industryspecific COVID-19 requirements; c. All licensing and/or permitting requirements of the California Department of Alcohol and Beverage Control (“ABC”), County of Amador Environmental and Public Health Departments and any other legally authorized department must be obtained and maintained;
d. The Temporary Use Area shall not interfere with access under the Americans with Disabilities Act, or unreasonably restrict pedestrian and vehicular traffic; e. The Temporary Use Area shall maintain a minimum of five (5) consecutive feet of sidewalk width constituting a clear continuous pedestrian path of travel which is maintained free of obstacles and obstructions;
f. No permanent item or structure may be installed expressly to facilitate the proposed temporary use;
g. For liability and ABC Considerations, the temporary use area must be on the same parcel or adjacent parcel owned by the same party;
h. Businesses must provide written approval by the landlord, if different than the business owner, for the temporary use;
i. No additional signage may be placed advertising the temporary use area; j. No Temporary Use Area may interfere with vehicular traffic or sight distance particularly at street intersections. No Temporary Use Area may be in the city street. k. The Temporary Use Area shall be maintained in an attractive, clean and safe manner.
During non-operational hours, furnishings shall be secured or stored inside. l. Businesses must coordinate the appearance and configuration of the temporary use area with the City prior to installation in an effort to maintain a unified theme throughout the City.
m. If the business is using City-owned property the business shall provide the City with a Certificate of Insurance in the amounts required by the City Manager and Additional Insured Endorsement naming the City of Sutter Creek as additionally insured; n. Any street, sidewalk or other City improvements shall be returned to the City in the condition present prior to granting of the Temporary Use Permit.
2. The City of Sutter Creek reserves the right to determine on a case-by-case basis the suitability and appropriateness of Temporary Use Area requested by the business in the Temporary Use Permit Application. The requested use must have limited impact on other businesses operating in close proximity. Applicants that cannot demonstrate compliance with the Temporary Use Area requirements may not be issued a permit.
3. A Temporary Use Permit may be approved and issued without providing notice of or conducting a hearing on the application that would otherwise be required in the Use Permit process.
4. The City may impose conditions of approval and set timelines for compliance that are deemed reasonable and necessary to assure safe and orderly use of the property and assure compatibility with surrounding land uses, if appropriate.
5. A Temporary Use Permit is an interruptible privilege. The City may interrupt operation of the temporary use at any time for anticipated or actual conflicts. a. No real property right is provided, given or otherwise conveyed to any person or entity through a Temporary Use Permit.
b. The City reserves the right to suspend or revoke a Temporary Use Permit granted under this Order.
6. These Temporary Use Permits, if granted, will only be in effect for so long as the Declared Local Emergency is in effect, or not to exceed June 1, 2022, and may be modified or rescinded by the City Manager or City Council at any time and for any reason, including while the Declared Local Emergency remains in effect.
7. This Resolution is effective immediately upon signature of the Mayor.
8. This Resolution shall be filed in the office of the City Clerk, posted at Sutter Creek City Hall, on the City’s website, and posted in public spaces as practicable.
9. If any provision of this Resolution or the application thereof to any person or circumstance is held to be invalid, the remainder of the Resolution, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Resolution are severable.
BE IT FURTHER RESOLVED that all TUPs shall expire on June 1, 2022.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 7
th day of March 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
____________________________
Jim Swift, Mayor
ATTEST:
_________________________
Karen Darrow, City Clerk
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE
CITY COUNCIL
MEETING DATE: MARCH 7, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: IMPACT FEE ENR ADJUSTMENT
RECOMMENDATION:
Direct staff to provide notice of a public hearing to hear public comments regarding a proposed impact fee adjustment to be effective July 1, 2022.
BACKGROUND:
Development impact fees are established in conformance with the requirements of Government Code Section 66000 (et seq.), referred to as the Mitigation Fee Act (MFA). Fees established under the MFA may be used to fund public facilities needed to serve new development. Impact fees are paid by developers for new development or for a change to a more intensive use (e.g., warehouse to office), typically at the time of building permit issuance. Impact fees cannot, however, be used to correct an existing public facility deficiency or for the ongoing operations and maintenance costs of these facilities.
The City of Sutter Creek adopted its Capital Facilities Fees Impact Fee Report in 2008. That report outlined the nexus for collecting fees at building permit issuance to offset the impacts that new development will have on the City’s infrastructure. Those fees are known as “brick and mortar” fees and are then used to construct the new infrastructure. The City’s adopted development impact fees include:
Police Capital Facilities Fee
This fee is collected to provide funding for the construction of a police station, police vehicles, parking facilities, communication systems, and equipment.
Fire Capital Facilities Fee
This fee is collected for construction of a new fire facility, fire trucks, a fire engine, and special equipment.
Historical Fee
This fee is collected to fund a fair-share portion of the purchase cost for Knight Foundry which is consistent with the City’s General Plan policy of preserving historic structures in the City.
Item 11B
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer City Hall Capital Facilities Fee
This fee is collected to provide funding for the construction of a new city hall.
Corporation Yard Capital Facilities Fees
This fee is collected to provide funding for a fair-share portion of the cost to construct facilities for a new corporation yard.
Program Update Fee
This fee is collected for future updates of the Nexus Study to ensure that the facilities, costs, and fees in the Fee Program are current and accurate.
Administration Capital Facilities Fee
This fee is collected for the administration of the CFF Program. This includes preparation of an Annual CFF Program Report, preparation of a Five-Year CFF Report, day-to-day management of the CFF Program including preparation of annual CIP budgets, CFF Program annual inflationary updates, land value analyses and updates and CFF Program Proformas.
Traffic Mitigation Fee
There are two traffic mitigation fees collected, one for local roads and the other for regional roads. The local fee is collected to offset the direct, indirect, and cumulative impacts of new development projects upon the City of Sutter Creek’s road systems. The regional fee is collected for the Amador County Transportation Commission (ACTC).
Amador County Parks and Recreation Fee
This fee is collected to provide funding for park capital improvements. The Master Plan is currently being updated.
Once fees are adopted, they should be reviewed and adjusted annually if necessary, to account for inflationary increases and decreases to ensure that the fees being collected are adequate to construct the facilities needed created by the impact. The fees were last updated July 1, 2021.
DISCUSSION:
To ensure that the capital facilities fees adequately cover new development’s share of the public facilities identified in the fee program, staff recommended that Council establish a process to annually adjust the development impact fees and to utilize the Engineering News RecordConstruction Cost Index as the inflation index for calculating this annual fee adjustment, which the Council approved.
Table A below shows the 2021 ENR increase of the fee program for all development. Staff is recommending that effective July 1, 2022, the impact fees for all development be increased as shown in Table A.
State law requires a minimum 60-day period prior to implementation of MFA fees after City Council adoption. Therefore, staff is recommending that the City Council direct staff to provide a notice of a public hearing to allow the public to provide comments on the proposed increase. 18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer BUDGET IMPACT:
The purpose of the increase is to ensure that the fees keep pace with the cost to construct the facility.
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ENR Factor - updated 2/7/22 by JS 12133
2021 5.9126%
42 73 35 12 30 30 30 32 31 30
Unit of Measure Police Fire Historical City Hall
Corp
Yard
Program
Update Admin
TOTAL Gen
Gov't AB 1600 Parks
General
Traffic*
Sewer
Connection
Fee
Sutter Crest
East/Golden
Hills
(Gopher Flat)
Sutter Crest
Estates
(Gopher Flat)
Sutter Glen
Manor Court
(Gopher Flat) Crestview Mesa De Oro
Powder House
Estates
Residential
Single Family per dwelling unit $ 1,290.11 $ 2,531.89 $ 590.14 $ 1,477.55 $ 699.97 $ 168.40 $ 202.08 $ 6,960.13 $ 8,760.00 $ 4,628.86 $ 7,761.14 $ 1,464.37 $ 1,464.37 $ 1,464.37 $ 2,580.21 $ 527.17 $ 1,464.37 Multi-Family Attached: Apartments, duplexes or condominiums are charged per dwelling unit without regard to s.f. or # of bedrooms per dwelling unit $ 842.01 $ 1,651.81 $ 385.13 $ 963.55 $ 456.88 $ 109.83 $ 131.79 $ 4,541.00 $ 8,760.00 $ 3,286.04 $ 7,761.14 $ 1,464.37 $ 1,464.37 $ 1,464.37 $ 2,580.21 $ 527.17 $ 1,464.37 Mobile Home Park or Subdivision: An area or tract of land where more than two spaces are rented or individually owned to accommodate mobile homes. per dwelling unit $ 1,290.11 $ 2,531.89 $ 590.14 $ 1,477.55 $ 699.97 $ 168.40 $ 202.08 $ 6,960.13 $ 8,760.00 $ 4,628.86 $ 7,761.14 $ - $ - $ - $ - $ - $ - Congregate Care Facility: Typically consist of one or more multi-unit buildings designed for elderly living; they may also contain common dining rooms, medical facilities and recreational facilities. per dwelling unit $ 1,290.11 $ 2,531.89 $ 590.14 $ 1,477.55 $ 699.97 $ 168.40 $ 202.08 $ 6,960.13 $ 8,760.00 $ 4,628.86 $ 7,761.14 $ - $ - $ - $ - $ - $ - Non Residential $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Retail/Commercial $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - High Volume Retail: Drug store, dept. store, grocery store, discount store, minimart, automobile sales, liquor store, supermarket, laundromat, auto parts, clothing/apparel, delicatessen, bank, health fitness center, pharmacy, hardware store, record/video rental & sales
Specialty Retail Center: Small shopping centers that contain a variety of retail shops inlcuding apparel; hard goods; and services such as real estate offices, dance studios, florists, and small resturaunts
Shopping Center: May contain Supermarkets, Drug Stores, Banks, Movie Theater and miscellaneous mall retail shops. per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 9.25 $ 7,761.14 $ - $ - $ - $ - $ - $ - Medium Volume Retail: Bakery, Automobile repair, Child Care, Club Sotre, Dry Cleaner, Shoe Store, Gift Shop, Lumber/Building Supplies, Sporting Goods Store, Nursery, Jewelry Store, Stationary Store, Photo Store, Print Shop (retail), Toy Store, Electronics Store, Book Store, Factory Outlet Center, Tire Store, Health Food Store per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 6.02 $ 7,761.14 $ - $ - $ - $ - $ - $ - Low Volume Retail: Antique Store, Boat/Equipment Repair Shop, Appliance Store, Furniture Store, Gallery, Museum, Kennel, Boat/RV/Mobile Homes Sales, Clock Store/Shop (TV Radio, Vacuum, etc) Wine or beer tasting rooms or product retail sales in conjunction with a winery or brewery per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 0.69 $ 7,761.14 $ - $ - $ - $ - $ - $ - Office $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - General Office per s.f. $ 0.45 $ 0.88 $ 0.07 $ 0.51 $ 0.25 $ 0.06 $ 0.07 $ 2.30 $ - $ 5.09 $ 7,761.14 $ - $ - $ - $ - $ - $ - Food Services $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Stand Along Restaurant w/drive through on State Hwy per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 74.52 $ 7,761.14 $ - $ - $ - $ - $ - $ - Stand Along Restaurant w/drive through w/in shopping center or community (Wherein fast food restaurant is not immediately adjacent to a state hwy per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 74.52 $ 7,761.14 $ - $ - $ - $ - $ - $ - Quality Sit-down Restaurant, Drinking Establishment (Bar) per s.f. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Specialty Commercial $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Gas Station with or without convenience store per s.f./per fueling space* $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 14,812.07 $ 7,761.14 $ - $ - $ - $ - $ - $ - Car wash/Quick Lube per s.f./per stall* $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 9,720.46 $ 7,761.14 $ - $ - $ - $ - $ - $ - Hotel/Motel/B&B -unit per s.f./per unit* $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Medical $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Medical Office or Medical or Health Clinic providing diagnostic or treatment services per s.f. $ 0.45 $ 0.88 $ 0.07 $ 0.51 $ 0.25 $ 0.06 $ 0.07 $ 2.30 $ - $ 13.89 $ 7,761.14 $ - $ - $ - $ - $ - $ - Hospital per s.f./per bed* $ 0.45 $ 0.88 $ 0.07 $ 0.51 $ 0.25 $ 0.06 $ 0.07 $ 2.30 $ - $ 5,462.09 $ 7,761.14 $ - $ - $ - $ - $ - $ - Nursing/Convalescent Home per s.f./per bed* $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Industrial $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Light including : Airport/Airstrip, Meat Packing Faiclity, Livestock Feedlot/Auction yard, Printing Plant, Material Testing Laboratory, Electronics Plant per s.f. $ 0.13 $ 0.26 $ 0.03 $ 0.16 $ 0.07 $ 0.01 $ 0.01 $ 0.69 $ - $ 2.78 $ 7,761.14 $ - $ - $ - $ - $ - $ - Heavy including : Auto Wrecking and Junk Yard, Mining Oepration, Foundry and Smelter, Refining Plant, Lumber Mill per s.f. $ 0.13 $ 0.26 $ 0.03 $ 0.16 $ 0.07 $ 0.01 $ 0.01 $ 0.69 $ - $ 0.69 $ 7,761.14 $ - $ - $ - $ - $ - $ - Manufacturing/Assembly/Agricultural Processing : Manufacturing or assembly facilities where the primary activity is the conversion of raw materials, products or parts into finished commodities for sale or distribution, including a winery or brewery. per s.f. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Institutional $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Elementary School, Middle School, Church or other place of worship per s.f. $ 0.13 $ 0.26 $ 0.03 $ 0.16 $ 0.07 $ 0.01 $ 0.01 $ 0.69 $ - $ 4.63 $ 7,761.14 $ - $ - $ - $ - $ - $ - High School per s.f. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Public Utilities $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Utilities (Publicly or privately owned) Production, generation, storage, transmission and treatment facilities, mechanical or industrial space, parts and equipment storage, repair areas, and office space in the same project and related to or used for these utility uses per s.f. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Warehousing/Storage $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Warehouse : Facilities primarily devoted to the storage of materials, inlcuding wholesale distribution facilities per s.f. $ 0.13 $ 0.26 $ 0.03 $ 0.16 $ 0.07 $ 0.01 $ 0.01 $ 0.69 $ - $ 2.32 $ 7,761.14 $ - $ - $ - $ - $ - $ - Mini Storage Facilities: Buildings housing separate storage units used for storage per s.f. $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Other $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - Golf Course - 9hole per hole $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 87,484.18 $ 7,761.14 $ - $ - $ - $ - $ - $ - Golf Course - 18 hole per hole $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 174,968.36 $ 7,761.14 $ - $ - $ - $ - $ - $ - Live Theater per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 0.69 $ 7,761.14 $ - $ - $ - $ - $ - $ - Movie Theatre per s.f. $ 0.25 $ 0.48 $ 0.04 $ 0.28 $ 0.13 $ 0.03 $ 0.03 $ 1.24 $ - $ 2.96 $ 7,761.14 $ - $ - $ - $ - $ - $ - Recreational/Visitor Center per s.f./per parking space* $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - RESOLUTION 21-22-*
A RESOLUTION OF THE CITY OF SUTTER CREEK CONVEYING REAL PROPERTY (APNS: 011-050-011; 040-010-023-501; 040-010-020; 040-010-024),
AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
CONVEYANCE
WHEREAS, as part of the mitigation for the Highway 49 bypass project, in 2003 the California Department of Transportation (“Caltrans”) purchased and deeded property APNS: 011-050-011; 040-010-023-501; 040-010-020; 040-010-024, along the Highway 49 corridor to the City of Sutter Creek (“City”) with the primary purpose of mitigating oak woodlands; and
WHEREAS, at that time, it was agreed between Caltrans and the City that a conservation easement would be placed on the property and a long-term management plan would be established for how to manage the properties; and
WHEREAS, in 2016, the City entered into a Cooperative Agreement, and received funding for the cleanup of the site to include removing water storage tanks and wire mesh etc. as well as an endowment for the long-term maintenance of the sites; and WHEREAS, following execution of the 2016 Cooperative Agreement, mitigation requirements were presented by Caltrans that the City was unaware of when the property had been conveyed, making it difficult and nearly impossible for the City to meet those mitigation requirements as presented; and
WHEREAS, based on all of the requirements and considerations presented by Caltrans, the City believes that this property would be better suited to be owned and managed by a Land Trust; and
WHEREAS, on July 6, 2022, the City Council adopted a Resolution authorizing the City Manager to execute Amendment #1 to the Cooperative Agreement 10-448 with Caltrans which would enable the transference of ownership of the mitigation property to an entity of Caltrans’ choosing to satisfy oak mitigation requirements as a result of the Amador Route 49 Bypass project; and
WHEREAS, Caltrans has chosen the Mother Lode Land Trust and is ready to proceed with the transference of ownership of APNS 011-050-011; 040-010-023-501; 040-010- 020; 040-010-024, to the Mother Lode Land Trust;
WHEREAS, the conveyance of this Property to Caltrans is deemed to be categorically exempt and to have no significant impacts on the environment pursuant to the California Environmental Quality Act;
NOW, THEREFORE, BE IT RESOLVED, THE CITY COUNCIL OF THE CITY OF SUTTER CREEK, hereby finds, determines, resolves and orders as follows:
1. The recitals above are true and correct.
2. The Conveyance by Grant Deed of the Property is hereby approved.
3. The City Manager of the City is authorized to execute the Grant Deed on behalf of the City as well as all other documents necessary to affect the Conveyance of the Property.
4. The City Manager is directed to take all steps necessary to convey the Property in accordance with the Grant Deed.
5. The City Manager is also authorized to transfer funding previously received for this project; less expenses accrued by the City in relationship to this property.
6. This Resolution is effective immediately upon adoption.
The foregoing resolution was duly passed and adopted by the City of Sutter Creek, this 7 th day of March 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF SUTTER CREEK
______________________________
James Swift, Mayor
ATTEST:
_______________________________
Karen Darrow, City Clerk
RECORDING REQUESTED BY AND WHEN
RECORDED RETURN IT TO:
Mother Lode Land Trust
P.O. Box P.O. Box 1435
Jackson, California 95642
Attention: Executive Director
MAIL ALL TAX STATEMENTS TO:
Mother Lode Land Trust
P.O. Box P.O. Box 1435
Jackson, California 95642
Attention: Executive Director
APNs: 011-050-011-000, 040-010-023-501, 040-010-020-000 and SPACE ABOVE THIS LINE FOR RECORDER’S USE 040-010-024-000
The undersigned Grantor declares:
Documentary Transfer Tax is none. Rev and Tax Code 11911.
No monetary consideration or other value received from or on on behalf of Grantee.
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF SUTTER CREEK, a California General Law City (“Grantor”), hereby grants to MOTHER LODE LAND TRUST, a California non-profit public benefit corporation (“Grantee”), the real property owned by Grantor located in the County of Amador, State of California, described on Exhibit A attached hereto and made a part hereof (the “Property”).
TOGETHER WITH all structures, improvements, machinery, fixtures affixed or attached to said real property, and all easements, rights of way and appurtenances, if any, belonging or in any way appertaining to the same, including all surface, subsurface and underground water and water rights, if any, including, but not limited to, riparian, overlying, appropriative, prescriptive, and adjudicated water rights, which are appurtenant to the real property, and any waters, if any, the rights to which are secured under contract between Grantor and any third party, to the extent such waters are customarily applied to the real property, subject to all matters disclosed in the written documentation of such water rights, if any, whether or not of record, or the underlying chain of title.
Executed as of this ____ day of _________, 2022.
Grantor:
CITY OF SUTTER CREEK
a California General Law City,
By:
Name:
Title:
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTY OF )
On _______________ before me, ____________________________________ (here insert name and title of the officer), personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ________________________ (Seal)
Exhibit A
TO GRANT DEED
Property Legal Description
The property described herein is situation in the State of California, County of Amador, an Unincorporated area, described as follows:
Parcel 14792-8. 15025-7. -8 & -9
All that portion of that parcel described in that deed recorded March 8, 1999 as Document 1999-002311 of Official Records, Amador County Records,
All that real property granted to the City of Sutter Creek in Boundary Line Agreement recorded January 15, 2008 as Inst. No. 2008-284, Amador County Records.
AND ALSO all that real property granted to the City of Sutter Creek in Boundary Line Agreement recorded January 25, 2013, as Inst. No. 2013-725 Amador County Records.
EXCEPTING that portion lying southerly of course (3) of the following described line:
Commencing at a 1" steel rod tagged CE 1706 shown to mark the northwesterly terminus of that course shown as “S. 46° 08’ 41” E. 645.00 feet on that record of survey filed May 14, 1986 in Book 40 of Maps and Plats at Page 45, Amador County Records, from which a 2” pipe with cap stamped 36, 31, 1, 6 shown to mark the northeast corner of Section 1, T. 6 N., R. 10 E., bears N. 6° 59’ 25” W., 1238.656 meters; thence, N. 18° 15’ 09” E., 44.992 meters to the Point of Beginning; thence (1), N. 57° 48’ 04” W., 48.165 meters to the beginning of a curve to the left having a radius of 120.000 meters; thence (2), along said curve 111.959 meters, through a central angle of 53° 27’ 23” to a point that bears N. 59° 36’ 02” W.,155.494 meters from the point of commencement.
ALSO EXCEPTING that portion of that parcel described in that deed recorded March 8, 1999 as Document 1999-002311 of Official Records, Amador County Records, lying southerly of course (2) through (5) of the following described line: Commencing at a 1” steel rod tagged CE 1706 shown to mark the northwesterly terminus of that course shown as “S. 46° 08’ 41” E. 645.00’ feet on that record of survey filed May 14, 1986 in Book 40 of Maps and Plats at Page 45, Amador County Records, from which a 2" pipe with cap stamped 36, 31, 1, 6 shown to mark the northeast corner of Section 1, T. 6 N., R. 10 E., bears N. 6° 59’ 25” W., 1238.656 meters; thence, N. 78° 34’ 27” W., 591.339 meters to the Point of Beginning;
thence (1), N. 4° 06’ 44” W., 22.320 meters;
thence (2), N. 78° 54’ 04” E., 55.411 meters;
thence (3), N. 80° 10’ 09” E., 54.124 meters;
thence (4), N. 86° 32’34” E, 22.220 meters to the beginning of a non-tangent curve to the right having a radius of 290.000 meters
thence (5), from a tangent that bears S. 80° 41’ 24” E., along said curve 99.318 meters through a central angle of 19° 37’ 21” to a point which bears N. 70° 17’ 02” W., 380.247 meters from the point of commencement.
ALSO EXCEPTING that portion of that parcel described in that deed recorded March 8, 1999 as Document 1999-002311 of Official Records, Amador County Records, lying between of Line A and Line B described below:
A-2
Line A:
Commencing at a 1” steel rod tagged CE 1706 shown to mark the northwesterly terminus of that course shown as “S. 46° 08’ 41” E. 645.00’ feet on that record of survey filed May 14, 1986 in Book 40 of Maps and Plats at Page 45, Amador County Records, from which a 2” pipe with cap stamped 36, 31, 1, 6 shown to mark the northeast corner of Section 1, T. 6 N., R. 10 E., bears N. 6° 59’ 25” W., 1238.656 meters; thence, N. 59° 36’ 02’ W., 155.494 meters to the Point of Beginning; thence (1), N. 33° 52’ 52” W., 133.647 meters;
thence (2), N. 25° 03’ 53” W., 91.190 meters;
thence (3), N. 43° 19’ 05” W. 196.094 meters;
thence (4), N. 44° 45' 52” W., 123.335 meters;
thence (5), N. 49° 54’ 05" W., 62.054 meters;
thence (6), N. 53° 12’ 04” W., 122.793 meters;
thence (7), N. 61° 28’ 13” W., 204.222 meters:
thence (8), N. 69° 08’ 03” W., 41.072 meters;
thence (9), N. 73° 50’ 43” W., 61.576 meters;
thence 10), N. 79° 20’ 22” W., 102.145 meters to a point that bears S. 61° 02’ 54” W., 961.123 meters from said 2” iron.
Line B:
Commencing at a 1” steel rod tagged CE 1706 shown to mark the northwesterly terminus of that course shown as “S. 46° 08’ 41” E. 645.00’ feet on that record of survey filed May 14, 1986 in Book 40 of Maps and Plats at Page 45, Amador County Records, from which a 2” pipe with cap stamped 36, 31, 1, 6 shown to mark the northeast corner of Section 1. T. 6 N., R. 10 E., bears N. 6° 59’ 25” W., 1238.656 meters; thence, N. 74° 40’ 53” W., 259.740 meters to the Point of Beginning; thence (1), N. 40° 46’ 38” W., 40.447 meters;
thence (2), N. 32° 14’ 47" W., 40.000 meters;
thence (3), N. 27° 53’ 15” W., 79.810 meters;
thence (4), N. 16° 52’ 20” W., 82.642 meters;
thence (5), N. 34° 35’ 45” W., 116.566 meters;
thence (6), N. 41° 55’ 49” W., 116.843 meters;
thence (7), N. 45° 35’ 06” W., 39.049 meters;
thence (8), N. 54° 26’ 32” W., 215.085 meters;
thence (9), N. 63° 49’ 11” W., 108.575 meters;
thence (10), N. 70° 09’ 43” W., 91.024 meters;
thence (11), S. 88° 26’ 22” W., 15.918 meters;
thence (12), N. 73° 18’ 51” W., 29.896 meters;
thence (13), N. 79° 37’ 56” W., 68.293 meters to a point that bears S. 58° 56’ 56” W., 993.060 meters from said 2” iron pipe.
ALSO EXCEPTING A drainage easement over, across, and upon that portion of that parcel described in that deed recorded March 8, 1999 as Document 1999-002311 of Official Records, Amador County Records, lying 9 meters northerly and southerly of course (1) of the following described centerline:
Commencing at a 1" steel rod tagged CE 1706 shown to mark the northwesterly terminus of that course shown as “S. 46° 08’ 41” E. 645.00 feet on that record of survey filed May 14, 1986 in Book 40 of Maps and Plats at Page 45, Amador County Records, from which a 2” pipe with cap stamped 36, 31, 1, 6 shown to mark the northeast corner of Section 1, T. 6 N., R. 10 E., bears N. 6° 59’ 25" W., 1238.656 meters; thence, N. 54° 50’ 14” W., 594.714 meters to the Point of Beginning; thence (1), S. 71° 50’ 31” E., 123.033 meters to a point that bears N. 50° 31’ 27" W., 478.414 meters from the point of beginning.
The easterly sidelines of said easement shall be lengthened or shortened to meet course (5) of Line B described above.
A-3
ALSO EXCEPTING An easement for construction, repair and maintenance of a sewer line over, across and upon that portion of that parcel described in that deed recorded March 8, 1999 as Document 1999-002311 of Official Records, Amador County Records, more particularly described as:
Commencing at a 1” steel rod tagged CE 1706 shown to mark the northwesterly terminus of that course shown as “S. 46° 08’ 41” E. 645.00 feet on that record of survey filed May 14, 1986 in Book 40 of Maps and Plats at Page 45, Amador County Records, from which a 2” pipe with cap stamped 36, 31, 1, 6 shown to mark the northeast corner of Section 1, T. 6 N., R. 10 E., bears N. 6° 59’ 25” W., 1238.656 meters; thence, N. 59° 36’ 02” W., 155.494 meters to the Point of Beginning; (1) thence, N. 33° 52’ 52” W., 133.647 meters;
(2) thence, N. 25° 03’ 53" W., 91.190 meters;
(3) thence, N. 43° 19’ 05” W., 196.094 meters;
(4) thence, N. 46° 40’ 55” E., 9.000 meters;
(5) thence, S. 43° 19’ 05” E., 197.540 meters;
(6) thence, S. 25° 03’ 53” E., 91.942 meters;(7) thence, S. 33° 52’ 52” E., 132.953 meters; (8) thence, S. 29° 59’ 17” E., 2.342 to the beginning of a non-tangent curve to the left; (9) thence, along said curve, with a tangent bearing of S. 73° 06’ 35” W, having a radius of 120.000, a central angle of 4° 22’ 02”, an arc length of 9.147 to the point of beginning.
ALSO EXCEPTING A temporary construction easement, being 9 meters in width, the easterly line of which are last above-described courses (5), (6), (7) and (8). This temporary easement shall terminate and cease to exist on December 1, 2003.
ALSO EXCEPTING an easement for construction, repair and maintenance of a sewer line over across and upon that portion of that parcel described in that deed recorded March 8, 1999 as Document 1999-002311 of Official Records,
Amador County Records,
more particularly described
as:
Commencing at said 2" pipe: thence, S. 40° 10’ 24” W., 767.270 meters to the Point of Beginning; (1) thence, S. 28° 33’ 05” W., 9.000 meters; (2) thence, N. 61° 26’ 55” W, 163.749 meters;
(3) thence, N. 69° 08’ 03” W., 41.072 meters;
(4) thence, N. 73° 50’ 43" W., 61.576 meters;
(5) thence, N. 16° 09’ 17” E., 9.000 meters;
(6) thence, S. 73° 50’ 43” E., 61.946 meters;
(7) thence, S. 69° 08’ 03” E., 42.047 meters;
(8) thence, S. 61° 26’ 55” E., 164.354 meters to the point of beginning.
ALSO EXCEPTING A temporary construction easement being 9 meters in width, the easterly line of which are last above-described courses (6), (7), and (8). This temporary easement shall terminate and cease to exist on December 1, 2003.
ALSO EXCEPTING all that property described in Boundary Line Agreement recorded January 15, 2008 as inst. No. 2008- 284, Amador County Records.
ALSO EXCEPTING all that property granted to Elgin and Caroline Bowers Family Trust in Boundary LIne Agreement recorded January 25, 2013 as Inst. No. 2013-725, Amador County Records.
Containing 71.21 hectares, more or less.
Coordinates, bearings and distances shown are based on the California Coordinate System 1983, Zone 2. Multiply distances shown by 1.0000760 to obtain ground level distances. To convert meters to the U.S. Survey foot multiply distances by 3937/1200. To convert hectares to Acres multiply by 2.471.
APN: 011-050-011-000, 040-010-023-501, 040-010-020-000, 040-010-024-000