CITY COUNCIL A G E N D A
MONDAY, APRIL 4, 2022
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.
1. CLOSED SESSION- None
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 March 21, 2022
Recommendation: By motion approve minutes as presented. * B. Warrants
Recommendation: By motion approve warrants as presented. * C. Adopt Resolution 21-22-** providing informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (Act). * D. Notice of Exemption – Bryson Park Renovation
Recommendation: Approve the Notice of Exemption for Bryson Park.
10. ORDINANCES & PUBLIC HEARINGS
* A. Draft Outdoor Dining Ordinance
Recommendation: Provide final direction before introduction of the First Reading.
11. ADMINISTRATIVE AGENDA
*
*
A. Greenstone Terrace no parking zone
Recommendation: Direct staff on how to proceed with traffic circulation and parking on Greenstone Terrace.
B. City Council Minutes from February 7, 2022
Recommendation: Request for revision from Council member Sierk.
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, APRIL 18TH at 7:00 P.M 1 MINUTES OF THE SUTTER CREEK CITY COUNCIL OF
MARCH 21, 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: 956 852 0224
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, Peters, Rianda, Sierk and Swift
Vicky Runquist, City Treasurer
Staff Present:
Amy Gedney
Derek Cole
Karen Darrow
Jodi Steneck
Matt Ospital
Christy Consolini
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Swift led the Pledge of Allegiance.
4. REPORT FROM CLOSED SESSION- None.
5. PUBLIC FORUM
Mr. Bixby, campaign manager for Ryan Gillespie, noted that they would not be removing their campaign signs as requested. He believes the city ordinance is unconstitutional and requested a cease and desist and hopes the city will retract the demand. 2 6. PRESENTATIONS
A. Basic Financial Statement and Memorandum of Internal Controls Recommendation: Hear presentation by Maze and Associates and accept the Report.
Vikki Rodriguez from Maze and Associates presented the audit report that resulted in an unmodified opinion.
7. INFORMATION & CORRESPONDENCE
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building, Planning and Code Enforcement Report D. Treasurer’s Reports
E. Monthly Administrative Services Report
F. Monthly Finance Department Report
So Noted.
Council member Peters noted that there has been a dead vehicle on Main Street for quite some time and requested that it be removed.
The Council directed staff to bring back a discussion regarding the locations of the speed limit signs.
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 Rianda reported that the Lincoln/ Sutter Gold Mine poured gold on February 25th.
Council member Sierk asked if the minutes from February 7, 2022 could be brought back for reconsideration.
Mayor Swift noted that there will be a workshop on Saturday from 10 am -12pm in the auditorium on fire awareness hosted by the Fire Department.
Council member Peters noted that Susan Peters will be making a presentation on the activities of the Fire Council at the workshop.
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.
3 M/S Council member Peters/Rianda to Approve the Consent Agenda, excluding the warrants.
AYES: Gunselman, Peters, Rianda and Swift
NOES: None
ABSTAIN: Sierk
ABSENT: None
MOTION CARRIED
A. City Council Minutes of March 7, 2022
Recommendation: By motion approve minutes as presented.
B. Warrants
Recommendation: By motion approve warrants as presented.
M/S Council member Rianda/Peters to Approve the warrants.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
Council Member Peters requested that the warrants for Weber Ghio, Hague Brueck and Weatherby Reynolds include which project they are for, to make it easy to identify a potential conflict of interest.
C. Reinstatement of Council Stipends
Recommendation:
1)Adopt Resolution 21-22-33 reinstating Council member stipends. 2)Discuss how to proceed with use of Council discretionary stipend funds.
D. Notice of Exemption - Sink Hole at Boitano Parking Lot Recommendation: Approve the Notice of Exemption for the sinkhole repair.
E. Parcel Map #2902, 258/260 Gopher Flat Rd., Bradley Pearson and Ximena Ortiz (APN 040-220-039)
Recommendation: Adopt Resolution 21-22-34 approving Parcel Map #2902 and accepting public utility easements for 258/260 Gopher Flat Rd.
F. S.E.I.U SIDE LETTER AGREEMENT
Recommendation: Adopt Resolution 21-22-35 authorizing the City Manager to sign a side letter agreement with the S.E.I.U. 1021 for the 20-21contract year.
G. 2021 General Plan Annual Progress Report
Recommendation: Adopt Resolution 21-22-36 accepting and approving the General Plan 2021 Annual Progress Report.
4 10. ORDINANCES & PUBLIC HEARINGS
A. Continue to April 18, 2022 -Public Hearing regarding the vacation of Prosperity Court - Recommendation:
1) Continue public hearing from March 21,2022 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. Waive the second reading and enact Ordinance No. _____Enacting Article VI of Chapter
9.08 of the Sutter Creek Municipal Code concerning organic waste disposal.
M/S Council member Gunselman/Sierk to Waive the second reading and enact Ordinance No. 270 Enacting Article VI of Chapter 9.08 of the Sutter Creek Municipal Code concerning organic waste disposal.
AYES: Gunselman, Rianda, Sierk and Swift
NOES: Peters
ABSTAIN: None
ABSENT: None
MOTION CARRIED
Council member Peters commented that the State for forcing local legislatures to enact and enforce their agenda is sending the wrong message to the public.
11. ADMINISTRATIVE AGENDA
A. Bryson Park Improvements
Recommendation: Provide staff direction on Bryson Park improvements.
City Engineer Matt Ospital presented options for the Bryson Park renovation.
The Council directed staff to move forward with Option 2 minus the bocce ball court, the chain link fence, the shade structure and picnic tables.
Councilmember peters requested that the improvements stick as close to the grant amount as possible and proceed knowing that more improvements could be added at a later time.
Council member Gunselman requested a project priority list.
12. CITY MANAGER’S REPORT
City Manager Gedney reported that there will be an ARSA meeting this week and noted that she is working with the Ione City Manager to ensure that there is a place to send the effluent. She noted that she is currently working on the budget.
13. ADJOURNMENT
The meeting was adjourned at 8:59 p.m.
5 ___________________________________
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: APRIL 4, 2022
FROM: JODI ARROYOS, ACCOUNT TECHNICIAN
SUBJECT: WARRANTS TO BE PAID
RECOMMENDATION:
Attached you will find a list of all warrants to be paid.
BUDGET IMPACT:
Total is $93,676.49
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: APRIL 4, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: CONSIDER ADOPTION OF RESOLUTION 21-22-** TO PROVIDE
INFORMAL BIDDING PROCEDURES UNDER THE
CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT
RECOMMENDATION:
Adopt Resolution 21-22-** providing informal bidding procedures under the California Uniform Public Construction Cost Accounting Act (Act).
BACKGROUND:
The City’s current purchasing ordinance is located in Chapter 4.29 of the Sutter Creek Municipal Code and was adopted in 2008. The ordinance is somewhat unique in that its focus is on the purchases of supplies, equipment and services while it expressly does not apply to public work projects, rather for these projects, the City operates under Public Contract Code section 20161 et seq. The City’s current Purchasing Policies and Procedures Manual does address public work projects and requires that any public works project in excess of $50,000 must be publicly bid, following the formal contract procedures and be awarded to the lowest responsible bidder. This process includes preparation of formal bid documents, noticing in the newspaper, a 14-day minimum advertisement period, a specified time and date of receipt of sealed bids, and a specified time of bid opening. This rigorous process is appropriate for larger capital improvement projects however, it is very time consuming and resource intensive to implement for smaller projects. The cost of engineering and staff time that is required to develop plans, specifications, and related documents to advertise and award a public works project will often exceed $5,000.
In order to provide an expedited delivery process for smaller capital and maintenance projects through an informal bidding process, staff is recommending that the City participate in the California Uniform Public Construction Cost Accounting Act. The Act is a voluntary program that a governing body must elect by resolution to become subject to. If the City elects to be subject to the Act, it can use alternative bidding procedures for lower-cost public projects. 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 DISCUSSION:
The adoption of the Act would give the City flexibility in the execution of public works projects.
When used, the alternative bidding procedures can speed up the contract award process, improve the timeliness of project completion, eliminate paperwork and simplify overall project administration.
Specific contract procedures for each established public project category are summarized below:
No-bid Contract Procedures: Public projects of $60,000 or less may be performed by agency employees by force account, negotiated contract, or purchase order without bidding. Any work done by force account by City employees must adhere to the guidelines set forth in the Uniform Construction Cost Accounting Policy and Procedures Manual. Essentially, if the City chose to operate under the terms of the Act, the same process that is currently in place for public works projects below $5,000 would be followed for projects of up to $60,000. Notwithstanding the fact that the City would not be legally required to seek formal competitive bids, staff would still continue to do so on an informal basis when there was reason to believe such inquiry was advantageous.
Informal Bidding Procedures: An informal bidding process must be established for public projects exceeding $60,000 but equal to or less than $200,000. Informal bidding procedures include the following:
1. A list of qualified contractors must be maintained by the City and updated annually.
Notice must be mailed to specific contract trade journals, inviting all licensed contractors to submit the name of their firm for inclusion on the City’s list of qualified bidders for the following calendar year. This process must be done annually in November. The City can add additional contractors if desired.
2. Unless bidding for proprietary products or services, a notice inviting informal bids must be sent to all contractors registered for the category of work to be completed, or to the trade journals as designated by the Commission, or both.
3. Notification of a bid request must be made no less than 10 days before the bids are due.
4. The bid notice must identify the scope of the project in general terms, note where additional information can be obtained and state the time and place for the bid opening.
5. Informal contracts will be awarded by the City Council.
Formal Bidding Procedures: Formal bidding would be required for construction projects over $200,000. The bidding process would be the same process as the City’s current procedures.
All informal and formal public works contracts would continue to be awarded to the lowest responsive and responsible bidder. The City would still retain the discretion to reject any and all bids. If all bids are rejected, the City must revaluate costs and may abandon the project, readvertise, or perform the work by force account with a 4/5 vote by the City Council. If no bids are received informally or formally, the project may be performed by force account, or be negotiated contract, without further contracting procedures. The City would still be required to meet statutory requirements in its public work contracts for performance bonds, payment of prevailing wages, certificates of insurance and funding mandates. 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 The first step to opt into the Act is for the City to adopt a resolution electing to become subject to the California Uniform Construction Cost Accounting Act procedures established by the Commission. The State Controller must be notified of the election in writing by the City Clerk and be provided a copy of the resolution. At any time after opting into the Act, the City has the option to withdraw from the Act by filing a resolution of the election with the State Controller’s Office.
The second step to opt into the Act requires adoption of a public works contracting ordinance.
Staff will return to the City Council with such an ordinance if the Council chooses to come under the provisions of the Act.
Finally, in order to implement the provisions of the Act, the City would need to mail a written notice to all contractors and construction trade journals inviting all contractors to submit the name of their firm to the City to be listed on the qualified bidders list. Thereafter, the list would be maintained in-house and updated annually.
BUDGET IMPACT:
Adopting the CUPCCAA is expected to reduce project costs and expedite project award.
RESOLUTION 21-22-**
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK TO
PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE CALIFORNIA
UNIFORM PUBLIC CONTRUCTION COST ACCOUNTING ACT
WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statutes of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed or contracted by local public agencies; and
WHEREAS, Public Contract Code Section 22000, et seq., the Uniform Public Construction Cost Accounting Act, establishes such a uniform cost accounting standard; and WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and
WHEREAS, the City of Sutter Creek wishes to adopt informal bidding procedures for public projects consistent with the Act as set forth; and
WHEREAS, the acceptance of the Act is not a project pursuant to CEQA Guidelines 15278.8(b)(5) and does not involve a commitment to any specific project that may impact the environment; therefore, no environmental analysis is required.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby approve subjecting the City of Sutter Creek to the California Uniform Public Construction Cost Accounting Act and directs the City Clerk to notify the State Controller forthwith of this election.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 4
th day of April 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
James Swift, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
Notice of Exemption
To: Office of Planning and Research From: City of Sutter Creek 1400 Tenth Street, Room 121 18 Main Street
Sacramento, CA 95814 Sutter Creek, CA 95685
County Clerk
County of Amador
810 Court Street
Jackson, CA 95642
Project Title: Bryson Park Rennovation, Sutter Creek, CA Project Location – Specific: 120 Bryson Drive, Sutter Creek, CA 95685 Project Location – City: Sutter Creek Project Location – County: Amador Description of Nature, Purpose, and Beneficiaries of Project:
The project allows for the construction of a ADA accessible walking path around the park perimeter and for the construction of a multi-use concrete pad for basketball and pickleball.
Name of Public Agency Approving Project: City of Sutter Creek Name of Person or Agency Carrying Out Project: City of Sutter Creek Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1);15268);
Declared Emergency (Sec. 21080(b)(3);15269(a));
Emergency Project (Sec. 21080(b)(4);15269(b)(c));
Categorical Exemption. Section 15302. Class 1- Replacement or reconstruction 15304Minor alterations to Land.
Statutory Exemptions. State code number:
Reasons why project is exempt: Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. This project would repair the existing parking lot with no expansion of lot capacity or area. Class 8 consists of actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The action authorized and taken by the City of Sutter Creek ensures environment and historic resource features and safety are maintained.
Lead Agency Contact Person: Amy Gedney, City Manager Phone: (209) 267-5647 If filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Amy Gedney Date: 4/4/22 Title: City Manager
Signed by Lead Agency Date received for filing at OPR:
Signed by Applicant POSTED:_____________________
00082347.2 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF SUTTER CREEK
REGARDING OUTDOOR DINING IN PUBLIC RIGHTS-OF-WAY
Section 1
Chapter 13.28 is added to the City of Sutter Creek Municipal Code as follows:
13.28.010 Purpose.
This chapter establishes uniform regulations and operational standards for outdoor dining in public rights-of-way. These outdoor dining regulations are intended to ensure public safety and welfare, protect public property, and promote the attractive use of outdoor dining barriers and fixtures. The purposes of these regulations are also to:
A. Assist property owners and tenants establishing outdoor dining areas in the public right-of-way;
B. Protect public safety and maintain accessibility of the sidewalk or street; C. Encourage outdoor dining area designs that provide a compatible design relationship, spacing, and location relative to other improvements in the public right-of-way; D. Encourage new business development and facilitate the expansion of existing businesses;
E. Promote the City as a vital and attractive pedestrian destination; F. Maintain meaningful public circulation;
G. Create a dynamic and lively atmosphere by encouraging attractive and functional designs for outdoor dining.
13.28.020 Definitions.
As used in this Chapter, the following terms shall be defined as follows:
A. “Barrier” means a physical structure, whether permanent or temporary, installed to separate the outdoor area of a business establishment where alcoholic beverages may be consumed from areas where alcoholic beverages may not be consumed.
B. “Business establishment” means any business for which a business license has been issued in accordance with Chapter 6.04 of this Code and where food and/or beverages are served for purchase by customers or patrons. If the business serves alcoholic beverages, it is not a business establishment within this definition unless it serves both food and alcoholic beverages for purchase by customers or patrons.
00082347.2 2
C. “Outdoor dining” means the use of any right of way for the service of food and/or beverages to customers seated at tables adjacent to a business establishment. For purposes of this Chapter, service of food or beverages occurs adjacent to a business establishment if the service area is contiguous with a building wall the business lawfully occupies for any indoor area of its business establishment.
D. “Outdoor encroachment license” means a license issued in accordance with this Chapter.
E. “Right of way” means any public sidewalk, court, plaza, alley, or street for which the city has ownership in fee, an easement, or a possessory interest.
13.28.030 Outdoor encroachment license required.
No owner or operator of a business establishment shall occupy any portion of any right of way for outdoor dining without first obtaining an outdoor encroachment license in accordance with this Chapter.
13.28.040 Authority to issue outdoor encroachment licenses.
The City Manager is hereby authorized to issue outdoor encroachment licenses to owners or operators of business establishments. The City Manager shall have the authority to deny any outdoor encroachment license application if its issuance is determined to be detrimental to the public health, safety, or public welfare. The decision of the City Manager may be appealed to the City Council in accordance with Chapter 2.53 of this Code.
13.28.050 Application for outdoor encroachment license.
A. Every owner or operator of a business establishment that desires to provide outdoor dining in a right-of-way shall apply for an outdoor encroachment license on an application form provided by the City Manager.
B. Each application shall be accompanied by a space-use plan showing the location, number, and arrangement of the tables and chairs to be used, the location of the entrance to the establishment, and the location of any existing sidewalk obstructions in and adjacent to the proposed area to be occupied by the tables and chairs. Trees and/or tree wells, traffic signs, planters, lamp posts, balcony posts, fire hydrants, parking meters, benches, barriers delimiting the dining area, and all similar obstacles shall constitute obstructions.
C. Each application shall be submitted in accordance with the following requirements:
1. The application fee amount shall be as set forth from time to time by resolution of the City Council. This fee includes actual costs for review and processing 00082347.2 3
of the application, as well as pre-inspection and post-inspection of the outdoor dining area.
2. The application must be signed by the business owner or operator.
3. Prior to approval of the application, the applicant must submit proof of insurance consistent with Section 13.28.090.
4. The applicant must submit a copy of the applicant’s current City of Sutter Creek business license and a California Department of Alcoholic Beverage Control permit
5. Establishments that serve alcoholic beverages in the outdoor dining area shall provide a physical barrier that meets the requirements of this Chapter and of the Alcoholic Beverage Control Board.
6. A removal deposit shall be submitted at the time of application where a fixed barrier is proposed or required. If, at the time of cessation of outdoor dining use and/or revocation of outdoor encroachment license, the barrier is removed by the business owner or other responsible party, and such removal is confirmed by a City inspection, any removal deposit will be refunded, except that the City’s inspection costs shall be deducted from the amount refunded. The deposit will also be refunded if the outdoor encroachment license is denied. Existing licensees shall not be required to post a removal deposit unless a new or revised license is required.
13.28.060 Issuance of outdoor encroachment license.
No license shall be issued until the applicant has complied with the City of Sutter Creek Municipal Code and other applicable City standards, as such standards may be amended from time to time.
13.28.070 Indemnification for use of public property.
The licensee shall indemnify, defend and hold harmless the City, its officials, officers, agents and employees from any and all claims, causes of action, losses, injuries or damages arising directly or indirectly from the negligent acts, errors or omissions of the license holder, its officers, agents, employees, customers, patrons, invitees, guests, or anyone rendering services on its behalf. This indemnity shall include all reasonable costs and attorney fees incurred in defending any action covered by this section.
13.28.080 Conditions and restrictions pertaining to outdoor encroachment licenses.
A. Location, Dimensions, and Design:
00082347.2 4
1. Sidewalk Minimum Clear Path. Every outdoor dining area shall at all times maintain a minimum of five (5) consecutive feet of sidewalk width constituting a clear and continuous path to ensure adequate space for pedestrian traffic on the adjacent sidewalk. The minimum width stated above must be free of all obstacles and obstructions for a clear path of travel. For the purpose of minimum clear path, traffic signs, trees, street furniture, balcony posts, trash receptacles, landscape features (including planter boxes and pots) and all similar obstacles shall constitute obstructions.
2. Ramps and Driveways. Outdoor dining areas must not impede the use of ramps or driveways for ingress or egress of vehicles or bicycles.
3. Building Access. No element of the outdoor dining area may interfere with access to any building, including all paths of travel or exits.
4. Egress From Business Establishment. A clear path of travel from the doors of the business establishment to the sidewalk and street must be provided. The width of the clear path of travel shall be no smaller than the width of the business establishment door(s) and no less than three (3) feet.
5. The owner or operator of the business establishment is solely responsible for ensuring that the design of the outdoor dining area meets all the requirements of the Americans with Disabilities Act, and nothing in this Chapter, and no outdoor encroachment license shall be deemed to be authorization for any improvement, structure, or design that would not meet the minimum accessibility requirements of that Act and its implementing regulations and guidelines.
B. Fixtures and Barriers.
1. Barriers are optional unless required by the California Department of Alcoholic Beverage Control.
2. Barrier Height. Barriers shall maintain a minimum height of forty-two (42) inches and a maximum height of forty-eight (48) inches.
3. Barrier Materials. Barriers must be constructed of decorative metal (aluminum, steel or iron), must be black, and must be vertically or horizontally spaced with open slatted design. Barriers shall not be permanently attached to the sidewalk.
4. Architectural Standards. Any improvements licensed to exist on any right-of-way shall comply with design standards the City has adopted as of the time of application and receive design clearance from the City’s Design Review Committee.
5. Fixtures (such as chairs, planters, and tables) may remain in the outdoor dining area during non-business hours only if secured so as to prevent removal from the 00082347.2 5
premises and in a manner that ensures public safety. However, fixtures shall not be secured through any means that requires drilling or bolting into any portion of any City right-of-way.
6. Upon discontinuation of use of the outdoor dining area or the adjacent associated business, any and all items used to secure the tables and chairs (bolts, screws, etc.) shall be removed.
7. Barriers shall not be attached to the adjacent building unless approved by the City Manager.
8. Licensed fixtures must be completely contained within the approved outdoor dining area and shall be limited to tables, chairs, planters, umbrellas, and heaters.
C. Tables and Chairs.
1. Tables and chairs shall be of commercial restaurant grade.
2. Materials for tables and chairs shall be metal or wood, and their color shall be either brown or black.
D. Planters.
1. Planters may be used in the outdoor dining area for décor but can not be used as a barrier. Planters shall not exceed a height of thirty-two (32) inches above the sidewalk. Plants shall not exceed a height of seventy-two (72) inches (six feet) above the sidewalk and shall not create a line-of-sight obstruction.
2. Planters shall contain plant materials in healthy condition. Planters may containlush trailing plants, annuals, and perennials, that accentuate the ambiance of the outdoor dining space. Cacti are not permitted. Plastic and silk plants are strictly prohibited.
3. Planters shall have a self-contained watering reservoir system that prevents any leakage onto the sidewalk.
4. Planters may be attached to barriers.
5. Debris or litter caused by landscape plants shall cleaned up regularly by the licensee or property owner.
E. All signage in the outdoor dining area shall be permitted pursuant to Chapter
15.16 of this Code.
F. Umbrellas and Heaters.
00082347.2 6
1. False or temporary roofs, coverings, and canopies are not permitted.
2. Umbrella colors shall be coordinated with the City’s seasonal schemes or be solid black, and shall be maintained in good condition and proper working order.
3. Umbrellas must not extend into the path of traffic or impede the line of sight for motorists, bicyclists, or pedestrians.
4. Heaters must be a part of the approved license.
G. Maintenance and Operation Standards.
1. Lighting.
i. Adequate lighting for outdoor areas must be provided by the outdoor encroachment license holder to ensure the safety of customers and pedestrians. Lighting shall be maintained in good working order. ii. Lighting shall be “soft” in appearance and adhere to the City’s design standards.
2. The outdoor dining area must remain free of litter, food scraps, soiled utensils, and dishes at all times. The licensee shall maintain the tables and chairs in the outdoor dining area in a clean condition at all times. No debris shall be swept, washed, or blown into the sidewalk, gutter or street.
3. It is the responsibility of the licensee to keep the sidewalk pedestrian zone clear and unimpeded for pedestrian movement. Movable items, such as barriers, chairs, or tables shall be positioned in accordance with the approved space-use plan at all times outdoor dining occurs.
4. Outdoor dining areas must conform to and comply with all relevant regulations in this Code and all applicable building, fire, and life safety codes, including State laws and regulations.
H. Permission to encroach upon a portion of a public sidewalk with tables and chairs granted through issuance of an outdoor encroachment license pursuant to this Chapter shall not constitute a deed or grant of an easement by the City.
I. This ordinance shall not be interpreted to authorize the continuance of, or to legalize, any encroachment onto City sidewalks, rights-of-way, or property existing prior to or on the effective date of this Chapter. As any such encroachments have never been authorized by any portion of this Code or other law, no vested or “grandfathered” right to continue such encroachments shall be deemed to have accrued in any person, business, or entity. 00082347.2 7
13.28.090 Insurance.
A. Each outdoor dining licensee shall provide evidence of insurance coverage as approved by the City Manager. The licensee shall obtain and maintain in force comprehensive general liability, broad form property damage and blanket contractual liability insurance in a combined single limit amount per claim and aggregate, of at least one million dollars ($1,000,000), or any greater amount established by the City Manager, covering the property and the licensed area on which the outdoor dining will be located.
B. The City of Sutter Creek, its elected and appointed officials, officers, agents and employees shall be named as additional insureds on this policy. An endorsement must be issued as part of the policy reflecting compliance with this requirement.
C. A certificate of insurance shall contain provisions prohibiting cancellations, modifications, or lapse without thirty (30) days prior written notice to City. Such insurance shall apply as primary insurance and shall stipulate that any insurance maintained by the City shall be in excess of the license holder’s insurance and shall not contribute with it.
D. All new and existing licenses must comply with these insurance requirements.
13.28.100 No representation of suitability
In issuing a license under this Chapter, the City makes no representation as to the suitability of any location for outdoor dining purposes.
13.28.110 Outdoor encroachment license annual renewal.
An annual, non-refundable renewal fee shall be assessed for the costs of reviewing compliance, maintenance, and insurance. The renewal fee shall be in an amount as set forth from time to time by resolution of the City Council.
13.28.120 Revocation of Outdoor Dining Encroachment License The City may revoke any outdoor dining encroachment license for non-compliance with any license term, provision of this Chapter, or determination of an unsafe condition. Notice of revocation shall be served by the City Manager on the license holder by personal delivery or by certified mail, return receipt requested. Any person who receives a notice of revocation may appeal the revocation by filing a notice of appeal within 10 days of service of the notice. The appeal shall be governed by Chapter 2.53 of this Code.
Section 2
The City Council determines that this ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the adoption of this ordinance is not a project, as defined by CEQA, but is instead an administrative action per California Code of Regulations, Title 14, section 15378(b)(2). Even if the ordinance is subject to CEQA, it is nonetheless exempt from 00082347.2 8
that Act pursuant to California Code of Regulations, Title 14, Section 15060(c)(2) and (c)(2) as the activities regulated herein will not result in any direct or reasonably foreseeable indirect physical change in the environment. In addition, the ordinance is exempt under the “common sense” exemption to CEQA, California Code of Regulations, Title 14, Section 15061(b)(3), as it can be seen with certainty that the regulation of outdoor dining on sidewalks, rights-of-way would inherently promote public safety in the use of public places for business activities.
Section 3
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
Section 4
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 _____________ and enacted by the City Council of the City of Sutter Creek at a regular meeting held on _________________.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Sutter Creek City Council, held on this ____ day of August 2021, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Jim Swift, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
MEETING DATE: APRIL 4, 2022
FROM: MATT OSPITAL, CITY ENGINEER
SUBJECT: GREENSTONE TERRACE – NO PARKING ZONE
RECOMMENDATION:
Direct staff on how to proceed with Greenstone Terrace parking.
BACKGROUND:
Research has been completed to determine the limits of City right of way on Greenstone Terrace (see attached Exhibit A). The City right of way limits end at approximately 500 feet from Church Street. During the spring and summer when there are events at the park, road access and turning movements can be problematic.
DISCUSSION:
At this time the following two items are recommended:
1. Recommendations for Signage
Staff recommends installing new signage to mark the limits of no parking. Signage shall be placed at regular and consistent intervals and heights to ensure parking signs are visible to all motorists.
2. Recommendations for Striping
Staff recommends painting the edge of pavement (since there is no curb) red. Per Sutter Creek Municipal Code 11.24.030 - Red curb—"No parking" area, states red means no stopping, standing or parking at any time except as permitted by the Vehicle Code. (Ord. 278 §6(D), 1995).
Staff also looked into how many parking spaces could be added to Greenstone Terrace near the intersection with Church Street. With some grading and paving work, five new parallel parking spaces could be added (see attached Exhibit B). The estimated cost for this work is $45,000.
BUDGET IMPACT:
To be determined.
X X X X
X X
CHURCH STREET
GREENSTONE TERRACE WOLCOTT APN: 018-190-027 SUMMIT CENTER PROPERTIES LLC APN: 018-190-026 LATHAM APN: 018-190-015 ONET APN: 018-190-030LOPEZ- DELGADILLO APN: 018-190-006 8" PVC
12" PVC
12" PVC 5 - 22'X9' TOP OF CMP
8" CONC. PARKING STALLS PRELIMINARY NOT FOR CONSTRUCTION EX1 SITE PLAN 0 10 20 SHT. 1
REV. No. CHECKED BY: DRAWN BY: SCALE: DATE: PRJ. No.:REV. DATE BY REVISIONSDESCRIPTION CALIFORNIA No. 76594 REGISTERED PROFES IONAL ENGINEER
STATE OF CAL IFORNIA
C I V I L
MATTHEW STEPHEN OSP I TAL 394 E. SAINT CHARLES ST. | PO BOX 251 | SAN ANDREAS, CA 95249 (209 ) 754-1824
GREENSTONE TERRACE EXHIBIT
SUTTER CREEK, CA
AMADOR COUNTY 1020 06/18/2021 KJS MSO
1 2
3 4
5 6 of SHT. 1 AS SHOWN LEGEND: (E) PROPERTY LINE (E) EDGE OF PAVEMENT (E) STORM DRAIN (E) SWALE (E) FOG LINE (E) STORM DRAIN MANHOLE (E) AC PAVEMENT (P) AC PAVEMENT SYMBOL: DESCRIPTION:
-15
-10
-5
0 5
10 -15
-10
-5
0 5
10 0+00 0+50
24.8'
-1.3%
14.4'
15.8' 9.0'
ROW
(P) ROAD (P) PARKING
(E) ROAD
SECTION A-A
TYPE "F" 4" HMA DIKE
3" ASPHALT CONCRETE
9" COMPACTED
AGGREGATE BASE
HORZ. SCALE: 1" = 10'
VERT. SCALE: 1" = 5'
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:
Join Zoom Meeting
https://us02web.zoom.us/j/3278978807
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Dial by phone:
301-715-8592
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 noted 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.
A majority of 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: March 7, 2022