CITY COUNCIL A G E N D A
MONDAY, SEPTEMBER 19, 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.
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INFORMATION/CORRESPONDENCE
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building Report
D. Treasurer’s Reports
E. Monthly Administrative Services Report
F. Monthly Finance Department Report
G. Monthly Engineer’s Report
H. Monthly Planning Report
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 August 15, 2022
Recommendation: By motion approve minutes as presented. *
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B. Warrants
Recommendation: By motion approve warrants as presented.
C. Resolution 22-23-* Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
Recommendation: Adopt Resolution 22-23-* as presented.
D. Resolution 22-23-* Accepting from the Walser Family Trust a grant easement for sanitary sewer & storm drain easement and abandonment of existing storm drain easement situated in the City of Sutter Creek.
Recommendation: Adopt Resolution 22-23-* as presented.
10. *
ORDINANCES & PUBLIC HEARINGS
A. Public Hearing-Zoning Code
Continued from August 15, 2022
1. Conduct a public hearing to hear comments regarding proposed Zoning Code changes.
(The Council and the Planning Commission will have a workshop in October to review changes and a new public hearing will be held thereafter and landowners will be re-notified.)
B. Public Hearing to consider increase in rates for solid waste service provided by Aces Waste Services, Inc.
1. Conduct a public hearing to hear comments regarding the proposed rate increase for solid waste services.
2. Adopt Resolution 22-23-* Approving solid-waste rate adjustments pursuant to proposition 218.
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ADMINISTRATIVE AGENDA
A. Use of Council stipends
Recommendation: Direct staff on how to proceed.
12. FUTURE AGENDA ITEMS
This section provides an opportunity for Council members to request items to be added to the agenda in the future with a majority Council vote.
13. CITY ATTORNEY’S REPORT
This section provides an opportunity for the City Attorney to report on any activities or upcoming legislation of importance to the City. No action is expected to be taken by the Council
14. 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.
15. ADJOURNMENT
The next regularly scheduled meeting is MONDAY, OCTOBER 3 rd at 7:00 P.M
TO: Amy Gedney, City Manager
FROM: James O’Connell, Chief of Police
DATE: September 19, 2022
DEPARTMENT INFORMATION
August 2022
Monthly Statistics
Total calls for service 873
Officer Initiated Incidents 360
Traffic Stops 176
Other Officer Initiated Incidents 184
Business Checks 112
Vehicle/Pedestrian Checks 23
Total Officer Reports 37
Misdemeanor Arrests 13
Felony Arrests 3
Moving Citations 27
Parking Citations 6
Total 910
Downtown Foot Patrol:
During the month of August 2022, SCPD continued to conduct daily foot patrol in the downtown area and average over 30 minutes, per officer each day.
In addition, our dedicated Volunteers contributed over 26 hours of service, including transporting evidence to the Department of Justice and records processing.
STAFF REPORT
TO: AMY GEDNEY, CITY MANAGER
MEETING DATE: SEPTEMBER 19, 2022
FROM: GEORGE ALLEN PUBLIC WORKS FOREMAN
SUBJECT PUBLIC WORKS DEPARTMENT REPORT FOR AUGUST 2022
Objective: The objective of this Staff Report is to provide a monthly status update regarding activities within the Public Works Department.
Wastewater Treatment Plant Status:
The WWTP did meet all the effluent quality discharge requirements for the month of August.
Table 1. Monthly Status of required reporting constituents.
Constituent Monthly Results Monthly Limits
Monthly Influent Flow 8.280 MG. 0.267 mgd daily avg2.48mgd1 Effluent BOD, mg/L 3 mg/L 30 mg/l
Effluent Settleable Matter,
mL/L
< 0.1 ml/L 0.5 ml/l
Effluent TSS, mg/L 2 mg/L 30 mg/l
Total Coliform, MPN < 1.8 mpn 23 mpn
Sludge Wasted 39,574 gallons
Rain 0 in. 0.0 in. YTD –26.42” Last YTD
1 The .48 mgd is daily dry weather flow (May through October). 2 This total and average is low due to a malfunction in the influent flow meter losing the memory because of a tripped circuit breaker.
3 As of 9/15/2022 have not received the results for these samples.
Plant Compliance Issues:
• The July 2022 report was electronically submitted to Regional Water Quality Control Board.
Operational Strategy Modifications:
• The rag bin was hauled on August 29, 2022.
• A regular sludge wasting schedule was kept with a total of 39k gallons dewatered and disposed of to the landfill.
• Took sludge samples and sent to laboratory for the renewal process on the City’s permit to dispose of sludge at Forward landfill.
Collection System Status:
SSMP Activity
Calls for service
• 8/12/2022, 53 Main St. Plugged City main.
Sewer System Cleaning and Maintenance.
• For August, there was 2180 feet cleaned. Total amount cleaned for 2022 is 22,430 feet.
Service Requests
Responded to eight Service Requests in August.
• One was for a street light issue;
• One for a street issue;
• Three were for tree issues;
• Three were for facility issues;
Effluent Disposal
• Preparing for the annual Division of Safety of Dams inspection of all the ARSA reservoirs.
• Working with Thatcher Chemical on adding Calcium Nitrate to Preston reservoir effluent to curtail the Hydrogen Sulfide smell at Ione Tertiary plant. • Ongoing meetings with Ione on taking Preston reservoir effluent. • Ongoing irrigation at Hoskins irrigation site.
• Ongoing irrigation at Bowers Irrigation site.
• Sending monthly updates to the Regional Board on reservoir levels and volumes. • Daily flow checks and level readings.
Streets and City Right of Way.
• Replaced redwood boards over the storm drain on Main Street in front of Sutter Creek Inn
• Ongoing repainting red zones in the downtown area.
• Repainting the white Stop bars and letters in the downtown area • Weed spraying City roadsides and right of ways.
• Ongoing roadside trash cleanup.
• Ongoing patching of numerous potholes.
Parks and Buildings
• Campbell Construction started work on Bryson park by removing old concrete basketball court and moving two redwood trees.
• JM Roofing installed a new roof on the public bathroom building behind City hall. • Removed two dead trees from the Cemetery.
• Ongoing pool maintenance and chemical checks.
August 2022 Building Permits Issued
Submitted Prepared
Permit
#
Issue
Date
Final ( F )
or
Expire
Date APN Address Owner Contractor Description
New
Const
Y/N
SQ
FT
Commercial
Valuation
Residential
Valuation
Commerical
Permit Fee
Residential
Permit Fee
(WGA)
Plan Check
In house
Plan
Check
SCFEF
(Strong
Motion)
SB 1473
Fee
Grand
Total
7/7/2022 7/28/2022 2022-AUG-01 8/1/22 2/1/23 018-180-023 75 Church St. Ramm, Brian Determined by Owner Other 13,000.00 286.00 306.50 3.64 1.00 $ 597.14 Sun Shade 8/1/2022 8/2/2022 2022-AUG-02 8/3/22 F 018-282-005 255 Judy Dr. Robles, Patty Ritson Roofing Re-roof 10,275.00 226.05 146.93 1.34 1.00 $ 375.32 8/2/2022 8/2/2022 2022-AUG-03 8/3/22 2/3/23 018-201-001 57 Woodworth St. DePaoli, Charles Arete Roofing Re-roof 12,000.00 264.00 1.56 1.00 $ 266.56 7/28/2022 7/28/2022 2022-AUG-04 8/4/22 2/4/23 040-220-079 232 Manor Ct. Menges, Sally Gilmore Home Services HVAC 17,854.00 393.99 2.32 1.00 $ 397.31 7/21/2022 7/25/2022 2022-AUG-05 8/5/22 2/5/23 018-331-010 325 Gold Strike Ct.
Mynderup,
Chris Gilmore Home Services HVAC 19,647.00 432.24 2.55 1.00 $ 435.79 7/27/2022 8/2/2022 2022-AUG-06 8/8/22 2/8/23 040-220-072 224 Manor Ct. Knight, Charles Sunrun Solar 37,889.00 272.72 177.28 4.93 2.00 $ 456.93 8/9/2022 8/10/2022 2022-AUG-07 8/10/22 2/10/23 018-270-010-501 175 Sutter Hill Rd. Campbell, Jessie Mountain Air HVAC 8,020.00 176.44 2.25 1.00 $ 179.69 8/1/2022 8/9/2022 2022-AUG-08 8/11/22 2/11/23 018-180-028 40 Eureka St. Baracco Family Trust Deermined by Owner Tenant Improvements 34,000.00 779.42 486.20 9.52 2.00 $ 1,277.14 8/9/2022 8/11/2022 2022-AUG-09 8/15/22 2/15/23 018-282-008 300 Patricia Ln. Deville, Leesa Newman and Sons Electrical 3,159.00 204.00 0.50 1.00 $ 205.50 7/28/2022 7/28/2022 2022-AUG-10 8/15/22 2/15/23 018-171-020 83 Karsan Dr. Doran, Doty Amador Plumbing Water Heater 2,850.00 110.00 0.50 1.00 $ 111.50 8/15/2022 8/16/2022 2022-AUG-11 8/17/22 2/17/23 018-282-005 255 Judy Dr. Robles, Patty Amador Plumbing Water Heater 2,600.00 110.00 0.50 1.00 $ 111.50 8/18/2022 8/22/2022 2022-AUG-12 8/22/22 2/22/23
018-341-014
018-341-015 141 & 145 Bryson Dr.James & Kiehl, Reiner & Janice Top of the Line Roofing Re-roof 34,000.00 748.00 4.42 2.00 $ 754.42 8/17/2022 8/18/2022 2022-AUG-13 8/22/22 2/22/23 018-202-002 3 Main St. Oneto, RaymondDetermined by Owner Other 5,200.00 115.60 0.68 1.00 $ 117.28 Fireplace Insert 8/17/2022 8/18/2022 2022-AUG-14 8/23/22 2/23/23 040-200-018 338 North View Ct. Price, Patrick Aire Serv HVAC 7,220.00 160.04 0.94 1.00 $ 161.98 8/17/2022 8/18/2022 2022-AUG-15 8/23/22 2/23/23 018-231-008 105 Dennis St. Hale, Bill Aire Serv HVAC 17,438.00 384.84 2.27 1.00 $ 388.11 8/23/2022 8/23/2022 2022-AUG-16 8/23/22 2/23/23 018-220-016 80 Greenstone Ter. Flores, Michah & Sarah Blue Valley Remodeling Electrical 1,800.00 110.00 0.50 1.00 $ 111.50 8/9/2022 8/24/2022 2022-AUG-17 8/24/22 2/24/23 018-151-010 121 Allen Ranch Rd. Cuifo, Jeffrey Determined by Owner Other 1,000.00 298.00 0.50 1.00 $ 299.50 Electric/H2O Trench 7/28/2022 8/23/2022 2022-AUG-18 8/25/22 2/25/23 018-061-009 111 Tucker Hill Rd. Murphy, Tim Determined by Owner Other 15,000.00 330.00 214.50 4.20 1.00 $ 549.70 Porch Roof Totals 70,020.00 172,932.00 1,571.86 3,829.48 1,331.41 - 43.12 21.00 6,796.87 City of Sutter Creek
City Treasurer's Report
Receipts & Disbursements Report
City's Checking Account
Receipts
Deposits $ 386,849
Reversal of Bank Charges
Total $ 386,849
Disbursements
Accounts Payable $ 400,674
Payroll & Benefits 104,780
Bank Charges 45
Total $ 505,499
Net Amount of Investment Transfers $ -
Recap of City Treasury
Investments on Hand August 31, 2022
Rate of
Return
Bank of Marin Checking $ 1,192,604 0.01%
Bank of Marin Money Market $ 11,569 0.07%
Bank of Marin Money Market #2 $ 2,032,843 0.44%
* California State Treasurer's LAIF $ 1,573,210 0.75%
Total $ 4,810,226
Total this month last year $ 3,830,194
* LAIF 1 $ 57,846
LAIF 2 $ 1,515,364
The investment information provided in this report reflects the City's ability to meet expenditure requirements for the next six months. The investment portfolio is in compliance with the City's investment policy. Victoria Runquist 9/14/2022 August 2022
Market or
Withdrawal
Value
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 _________________________________________________________________________ TO: AMY GEDNEY, CITY MANAGER
MEETING DATE: SEPTEMBER 19, 2022
FROM: KAREN DARROW, ADMINISTRATIVE SERVICES SUPERVISOR
SUBJECT: ADMINISTRATIVE SERVICES AUGUST 2022 REPORT
RECOMMENDATION:
For information.
BACKGROUND:
The Administrative Services Department encompasses a variety of functions on behalf of the City including Human Resources, Risk Management, the Office of the City Clerk and Public Engagement and Marketing.
Included is an overview of the activity within the Administrative Services department for the month of August 2022.
DISCUSSION:
Risk Management
• Review and oversight of one active Workers Comp claim and two ongoing liability claims.
Human Resources
• Attend PACE JPA Quarterly Board Meeting
City Clerk
• 3-Public Record Request Responses and 12-Citizen Inquiries responses. • Agenda preparation, minutes and follow up for:
1-City Council, 1-DRC and 1-ARSA, 2-Sewer and noticing for 2 public hearings. • Issued 4-Design Clearance permits.
• Record retention policy update and review.
• Update and review content for the City of Sutter Creek website.
Public Engagement and Marketing
• Crafted 4 social media marketing ads designed to reach specific target groups. • Marketing meeting with Hotels and Inns.
• Coordination and design of Fall marketing plan.
• Attend Sutter Creek Business & Professionals Association meeting. • Update and review content for the Visit Sutter Creek website. 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 ____________________________________________________________________________ TO: AMY GEDNEY, CITY MANAGER
MEETING DATE: SEPTEMBER 19, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: FINANCE DEPT. AUGUST 2022 REPORT
RECOMMENDATION:
Informational only.
BACKGROUND:
To provide information regarding the activities of the Finance Department for the month of August 2022.
DISCUSSION:
Accounts Receivable
• Invoiced Cingular Wireless for utility reimbursement. • Invoiced Planning Grant and LEAP grant for reimbursement. • Eighteen (18) Building Permits were issued in August for a fee total of $6,796.87. • Facility rental revenue for the month of August 2022 was $3,370.00. • Currently we have; 176 Sewer service customers enrolled in e-billing and 284 Sewer service customers are enrolled in auto pay.
Accounts Payables
• 70 Warrant checks were issued in the amount of $400,674.09 Special Events applications received
• Sutter Creek Craft Shows, multiple event dates in Plaza • Fall/Winter Market, multiple event dates in Plaza
Misc.
• Printed and mailed over 1,000 public hearing notices for Aces Waste Services. • Input 2022-23 Adopted budget in MOMs – financial software program.
Included with this report is the August Cash Flow report.
Funds Beg. Balance Cash In Cash Out Adj. Balance
01 - General Fund 34,336 175,961 260,312 (186,596) (236,611) 39 -General Reserve 693,616 - - - 693,616
86 - General Savings 49,966 - - - 49,966
95 - General Operations Reserve 248,502 - - - 248,502
96 - General Capital Reserves 49,408 - - - 49,408
04 - Crestview Light District 4,741 - 84 - 4,657
07 - Cemetary 296 - 10,676 (7) (10,387)
17 - Monteverde Store 261 - 228 - 33
29 - Swimming Pool (15,021) - 15,199 (2,752) (32,972)
59 - Auditorium & Facility Rentals 210 3,360 11,303 (360) (8,093) 03 - Streets and Sidewalks 3,810 7,294 9,422 (11,198) (9,516) 91 - Road CIP 61,702 3,121 - - 64,823
10 - Sewer M&O 640,197 136,417 168,947 (72,890) 534,777 11 - Sewer WCRF Hook up Fees 602,647 - - - 602,647
12 - Sewer Line Replacement 603,434 - - - 603,434
14 - Sewer Cap Reserves 1,080,486 - - - 1,080,486
15 - Sewer Debt Service - - - - -
80 - Effluent Disposal 4,867 26,981 22,301 (38,201) (28,654) 09 - HMGP Hazard Mitig. Grant Proj 1,210 - - - 1,210
19 - Knights Foundary Restore 2,998 - - - 2,998
20 - FEMA 9,134 - - - 9,134
28 - Public Safety/AB109, Grant 5,122 - - - 5,122
50 - COPS Fast Program 2,632 - - - 2,632
30-36 Traffic Mitigation Total 231,450 - 11,634 - 219,816 37 - Parking In Lieu 64,925 - - - 64,925
38 - Fire Service Fund 26,039 - - - 26,039
42 - AB1600 173,517 - - - 173,517
73 - Park Impact Fee 45,069 - - - 45,069
89 - Capital Improvement Projects (20,886) - 14,518 - (35,404) 48 - Covid-19 American Recovery Act 572,221 - - - 572,221 81 - Visitor Center (2,318) 1,709 3,177 - (3,786)
87 - Refuse 3,336 - - - 3,336
88 - City Council Discretionary 21,440 - - - 21,440
92 - Pension Reserve 135,650 - - - 135,650
93 - Vehicle Cap Reserve 17,151 - - - 17,151
94 - Vacation Cash Out and Accruals 2,817 - - - 2,817
Totals 5,354,965 354,843 527,801 (312,004) 4,870,003
2022-23
Cash Balance Report
for the month of August 2022
1 TO: Amy Gedney, City Manager
FROM: Matt Ospital, PE City Engineer
SUBJECT: Project Status Update
DATE: September 13, 2022
Amy, the following is a status update of all projects WGA is currently working on:
1. Citywide CIP – Continuing cost estimates and exhibits for various capital improvement projects.
2. Gopher Flat Realignment – survey work has been scheduled. Pending receipt of topo mapping, a new alignment to remove one of the road curves will be plotted to determine the amount of right of way would be dedicated from the Swift Family.
3. Bryson Park Upgrade – Project started on August 15th and anticipate 95% of the project will be completed at the end of September.
4. 37 Badger Storm Drain Project – Construction is completed and working with contractor to close out project.
5. Cramer Hills – Awaiting revisions to the Final Map.
6. Building Inspections – Continuing building inspections on Tuesdays and Thursdays. 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 ______________________________________________________________________________ TO: AMY GEDNEY, CITY MANAGER
MEETING DATE: SEPTEMBER 19, 2022
FROM: CHRISTY CONSOLINI
SUBJECT: AUGUST PLANNING UPDATE
RECOMMENDATION:
For information only.
Below is the August status report for planning related projects.
Joint Housing Element Update - a draft will be ready for public circulation and comment soon - likely October - before submittal to HCD for their review and comment. The Housing Element is currently out of compliance as the update submittal deadline has passed. Delays are a result of delayed grant funding between the state and County.
Zoning Code Update - we are currently receiving responses to potential zoning changes on individual properties. Letters were mailed to those affected in August. A public meeting with the Planning Commission was held on September 12 to review these changes. 7 property or business owners spoke at the meeting requesting a modification of the allowed uses or requesting to remain in their current zoning district. A joint workshop with the Planning Commission and City Council will be scheduled for October.
DANCO Permanent Supportive Housing – The Amador Water Agency has responded to their request that they can not serve them with water. Additionally, modifications to the site plans were required for a complete application submittal.
MACT Medical Office 321 Old Highway 49 - DRC requested design changes. The changes have been submitted and will be included for the next DRC agenda. The traffic study is being analyzed to ensure no traffic safety issues result due to the location of the driveway. Following the DRC process, the project will be referred to agencies for comment prior to Planning Commission review.
92 Ridge Road Mini Storage - to be reviewed at the next DRC meeting. Following the DRC process, the project will be referred to agencies for comment prior to Planning Commission review.
2 Panner Creek Estates and Broadmeadows Estates TPM - the applicant is in the process of updating studies for a joint EIR and further refining drainage and access details Hertzig Site Plan Review - awaiting resubmittal of plans for review. 440 Highway 49 Site Plan Review - the application was incomplete and the applicant is revising their submittal.
CITY COUNCIL MINUTES
MONDAY, AUGUST 15, 2022
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, THE PUBLIC WAS ALSO ABLE TO PARTICIPATE FROM HOME:
Join Zoom Meeting
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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
Council members Present:
Gunselman, Peters, Rianda, Sierk and Swift
Vicky Runquist, City Treasurer
Staff Present:
Amy Gedney
Elizabeth Fratarcangeli
Karen Darrow
Jim O’Connell
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION- None.
5. PUBLIC FORUM
Jim Scully of Ione noted that he didn’t think it was fair for the Sutter Creek residents to pay for the incompetence of the Ione elected officials in regards to ARSA. He suggested that there is too much county influence on the ARSA Board and that ARSA should dissolve itself and reorganize to better reflect the needs of its’ customers.
Ty Pulskamp of Jackson introduced ‘The Out 4 Mental Health Project’ that provides access to mental health services for the LBGTQ+ community in Amador.
Jenny McVeigh of Jackson spoke in support of the ‘The Out 4 Mental Health Project’ noting that it is very hard to be different and this project helps make mental health a priority in Amador.
6. PRESENTATIONS
A. Chief O’Connell
Introduction of Sergeant Brewer
Mayor Swift congratulated Segreant Brewer on behalf of the Council.
Mayor Swift called for a five-minute recess.
B. Jim Rooney Assessor’s Office
Jim Rooney presented.
7. INFORMATION/CORRESPONDENCE
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building Report
D. Treasurer’s Reports
E. Monthly Administrative Services Report
F. Monthly Finance Department Report
So Noted.
8. MAYOR AND COUNCIL MEMBER REPORTS
Council member Rianda reported that the 2nd Saturday tour guide has been distributed and that there are more copies if needed. She noted that there was a marketing meeting held for the Hotels and Inns and that there will be an Air District Board meeting tomorrow.
Council member Peters reported that there seems to be an increase in visitors due to the collaborative effort on the 2nd Saturday tours. He also noted that the ARSA meeting has ben moved to the 31st.
Council member Sierk reported that ACRA is finalizing their budget, continues work on the Tower at Molly Joyce Park and has added a pickle ball league.
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 July 18, 2022
Recommendation: By motion approve minutes as presented.
M/S Council member Rianda/Peters to Approve the City Council Minutes of July 18, 2022, as amended.
AYES: Sierk, Peters, Rianda and Swift
NOES: None
ABSTAIN: Gunselman
ABSENT: None
MOTION CARRIED
B. Warrants
Recommendation: By motion approve warrants as presented.
M/S Council member Peters/Rianda to approve the warrants, excluding the Weber Ghio & Associates warrants.
AYES: Gunselman, Sierk, Peters, Rianda and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Rianda/Gunselman to approve the warrants for Weber Ghio & Associates.
AYES: Gunselman, Sierk, Rianda and Swift
NOES: None
ABSTAIN: Peters
ABSENT: None
MOTION CARRIED
C. Resolution 22-23-* Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
Recommendation: Adopt Resolution 22-23-* as presented.
M/S Council member Rianda/Peters to Adopt Resolution 22-23-10 Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
AYES: Gunselman, Sierk, Peters, Rianda and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
D. Resolution 22-23-* Adopting a salary schedule for the 2022- 2023 fiscal year.
Recommendation: Adopt Resolution 22-23-* as presented
M/S Council member Peters/Rianda to Adopt Resolution 22-23-11 Adopting a salary schedule for the 2022-2023 fiscal year, as amended.
AYES: Gunselman, Sierk, Peters, Rianda and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
E. Adopt Resolution 22-23-* adopting Amendment #2 to extend the City Engineering contract to July 1, 2024.
Recommendation: Adopt Resolution 22-23-* as presented
M/S Council member Peters/Sierk to Adopt Resolution 22-23-12 adopting Amendment #2 to extend the City Engineering contract to July 1, 2024
AYES: Gunselman, Sierk, Peters, Rianda and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
10. ORDINANCES & PUBLIC HEARINGS
1. Public Hearing-Zoning Code
Continued to September 19, 2022
Council member Gunselman asked if it was too late to add the density of short-term rentals to the zoning draft.
11. ADMINISTRATIVE AGENDA
A. Placement of Radar Signs
Recommendation: Direct staff on how to proceed.
Police Chief O’Connell presented the staff recommendation.
Susan Feist of Sutter Creek suggested placing a sign coming into town on the northside by the gas station and asked if speed bumps could be an effective alternative in some areas.
Council member Peters noted hod preference for other ways of traffic calming, noting that they pursued the radar signs because the funding was available not because they were the best solution to the problem. He suggested placing the radar sign on the outskirts of the City and use other tactics in town.
The Council directed staff to place the radar signs in the following locations:
Gopher Flat, Sutter Hill Road, Ridge Road and Valley View/Bowers.
B. Phase 2 Wastewater Rate StudyRecommendation:
1) Adopt Resolution 22-23-* Authorizing the City Manager to execute a professional services contract with Hildebrand Consulting. for the Phase 2 wastewater rate study.
Council member Sierk asked how the tumultuous ARSA situation could affect the results of the study and asked if the City has a multi-year Capital Improvement Plan.
City Manager Gedney noted that the Sewer Committee is working on it.
Council member Gunselman requested that there be a presentation by the Sewer Committee prior to approval of this item.
Council member Peters agreed that a Sewer Committee presentation would be appropriate but suggested that the Council still move forward to get the process going.
M/S Council member Peters/Rianda to Adopt Resolution 22-23-13 Authorizing the City Manager to execute a professional services contract with Hildebrand Consulting for the Phase 2 wastewater rate study and direct staff to update attachment A before the City approves the CIP upon which to base the rate study and that it comes to the Council by way of a Sewer Committee.
recommendation.
AYES: Sierk, Peters, Rianda and Swift
NOES: Gunselman
ABSTAIN: None
ABSENT: None
MOTION CARRIED
2) Adopt Resolution 22-23-* Authorizing Amendment #1 to the Fiscal Year 22-23 Budget.
M/S Council member Peters/Rianda to Adopt Resolution 22-23-14 Authorizing Amendment #1 to the Fiscal Year 22-23 Budget, as amended.
AYES: Sierk, Peters, Rianda and Swift
NOES: Gunselman
ABSTAIN: None
ABSENT: None
MOTION CARRIED
C. Use of Council stipends
Recommendation: Direct staff on how to proceed.
The Council directed staff to bring this item back to the next meeting due to the length of the meeting.
12. FUTURE AGENDA ITEMS
This section provides an opportunity for Council members to request items to be added to the agenda in the future with a majority Council vote.
Council member Sierk suggested that the City Council procedures manual needs to be completed.
Council member Peters requested a half hour to present a Knight Foundry Update.
13. CITY ATTORNEY’S REPORT- None.
14. CITY MANAGER’S REPORT
City Manager Gedney noted that ACTC will be meet on Thursday to discuss the traffic impacts that go along with the school consolidation.
15. ADJOURNMENT
The meeting was adjourned at 10:03 p.m.
_________________________________
James E. 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 ______________________________________________________________________________ TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: SEPTEMBER 19, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: WARRANTS PAID ON SEPTEMBER 6, 2022 AND CURRENT
WARRANTS TO BE PAID
RECOMMENDATION:
Attached you will find two warrant reports, the first were paid on September 6, 2022 and the second report is a current list of warrants to be paid.
BUDGET IMPACT:
Amount paid on September 6, 2022 was $207,118.11
Current list of warrants to be paid is $212,6652.44
RESOLUTION 22-23-*
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. Not 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 19
th day of September, 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
James E. Swift, Mayor
ATTEST:
______________________________________
Karen Darrow, City Clerk
RESOLUTION 22-23-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
ACCEPTING FROM THE WALSER FAMILY TRUST
A GRANT OF EASEMENT FOR SANITARY SEWER & STORM DRAIN EASEMENT
AND ABANDONMENT OF EXISTING STORM DRAIN EASEMENT
SITUATED IN THE CITY OF SUTTER CREEK
WHEREAS, Owners wish to grant easements to the City; and WHEREAS, City Council action is required for acceptance of easement; and WHEREAS, acceptance of easement described on “Exhibit A” and set forth on "Exhibit B" attached hereto is consistent with City policies for accepting easements used for municipal purposes.
NOW, THEREFORE, BE IT RESOLVED by the Sutter Creek City Council that the Storm Drain and Sanitary Sewer Easement set forth on said legal description, Exhibit A, and plat, Exhibit B, is hereby accepted; and
BE IT FURTHER RESOLVED, City Manager Amy Gedney is hereby authorized to execute, on behalf of City, Acceptance of Grant of Easement for Storm Drain and Sanitary Sewer Easement certification for municipal purposes as set forth on the Grant of Easement deed.
That storm drain easement described in that deed recorded October 6, 1943 in Book 19 of Official Records at Page 90 of Amador County Records and as set forth on that Record of Survey recorded April 8, 1965, in Book 11 of Maps and Plats at Page 78 of Amador County Records is hereby abandoned.
AND BE IT FURTHER RESOLVED that the City Clerk shall cause this resolution, and Grant of Easement deed to be recorded in a timely manner.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 19th day of September, 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
James E. Swift, Mayor
ATTEST:
______________________________________
Karen Darrow, City Clerk
1 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: SEPTEMBER 19, 2022
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: PUBLIC HEARING TO CONSIDER INCREASE IN RATES FOR SOLIDWASTE SERVICE PROVIDED BY ACES WASTE SERVICES, INC.
RECOMMENDATION:
1. Conduct a public hearing to hear comments regarding the proposed rate increase for solid waste services.
2. Adopt Resolution 22-23-* Approving solid-waste rate adjustments pursuant to proposition 218.
BACKGROUND:
Effective July 1, 2009, the City entered into an exclusive Franchise Agreement with ACES for collection of solid waste within City limits. The agreement requires ACES to collect all residential solid waste generated from within the City and to facilitate the City’s compliance with AB 939 waste-diversion and reporting requirements. The original agreement granted an exclusive franchise for 5 years with an additional 5-year extension exercisable at ACES’ sole discretion.
In 2015, the City Council and ACES entered into an amended Franchise Agreement. The amended agreement extended the term of the exclusive ACES franchise through December 31, 2024 and provided for an additional 10-year extension upon mutual agreement of the parties. Among other things, the amendment also identified the City’s responsibilities under Proposition 218 and ACES’ obligation to reimburse the City for those responsibilities and other administrative functions.
For calendar year 2023, ACES is proposing rate increases per an inflator its contract provides.
The inflator is known in the solid-waste industry as the “refuse rate index,” or “RRI.” The RRI is similar to a consumer price index, or “CPI,” but is geared specifically to the refuse industry.
ACES seeks an increase of 3.81% in its rates across-the-board as an RRI adjustment for its rates.
Item 10B
2 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:
Applicability to Proposition 218
Proposition 218, the “Right to Vote on Taxes Act,” was approved by California voters in November 1996. The initiative generally requires that all special assessments and “property related fees” be approved by local voters. However, whether the initiative applies to solid-waste fees collected by private franchisees, rather than public agencies, is the subject of debate.
After approving a solid-waste rate increase for ACES in 2011, the City became a party to litigation when it was sued by a private party who claimed this increase violated Proposition 218. To avoid unnecessary litigation expenses, the City chose not to contest this case, believing the Proposition 218 issue would be better left to other cities to litigate. The City has instead agreed to follow the Proposition 218 approval process for any solid-waste rate increases.
Under Proposition 218, solid waste charges are considered “property related fees” and are thus subject to the procedure set forth in California Constitution Article XIIID, Section 6(a). This section provides that proposals concerning solid waste collection must be considered in a public hearing, known as a “majority protest hearing,” at which ratepayers may register their opposition to the proposed rate increase. Prior to this hearing, Proposition 218 requires that notice be mailed to all property owners and/or ratepayers at least 45 days in advance. If, following the hearing, a majority of the owners or ratepayers submit written protests to the proposed fee (i.e., there is a “majority protest”), the fee may not be approved. If there is no majority protest, approval of the fee is authorized.
Notice of Majority Protest Hearing
Regarding the proposed rate adjustment, the City has complied with its obligation to mail notice of the September 19, 2022 protest hearing to all ACES ratepayers. Following a provision in the Proposition 218 implementation legislation, the City has mailed notice of the hearing to all ACES ratepayers. (Gov. Code, § 53755(a).
STAFF RECOMMENDATION:
At the September 19 meeting, the Council should hold a public hearing to:
1. Consider whether a majority protest exists as to the above rate increases per Proposition 218. The City has sent hearing notices to the ratepayers for 1013 parcels within City limits. A majority protest would thus exist if 507 ratepayers submit written protests to the proposed rate increase. Only one written protest may be filed per parcel. (Gov. Code, § 53755(b).) If a majority protest is successful, the Council may not approve the proposed rate adjustments.
Conversely, if no majority protest exists, the adjustments may be approved. 3 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
2. If no majority protest exists, consider whether to approve the requested rate increases. A proposed resolution is provided to the Council should it wish to authorize the rate adjustments.
Hearing Process
As for how to conduct the hearing concerning the ACES rate adjustments, the City attorney recommends the Council proceed as follows:
1. Call this item when it arises on the agenda. Note that the mailed and published notice indicate this will be a timed item that starts no earlier than 7:00 p.m.
2. Staff will make its presentation and the Council may ask Staff questions.
3. Open the public hearing and allow comment by all interested parties. A motion should be made to formally close the public hearing. Under Proposition 218, no protests may be counted once the public hearing has closed.
4. Following the conclusion of the public hearing, count all written protests received prior to the meeting or prior to close of the hearing. If the number of written objections to any fee increase does not exceed 507, find that a majority protest does not exist as to that increase. (In the event the 507 threshold is not reached, the City Attorney recommends that the Council deem all protests to be validly submitted rather than take the time necessary to verify that each protest meets Proposition 218 requirements.)
5. If more than 507 written protests are received as to the proposed adjustments, have the City Clerk verify each protest to ensure it is submitted by the ratepayer of record, contains the information required by Proposition 218, and that no more than one protest has been submitted per property. If following this verification process, there still are more than 507 written protests, the Council must find that a majority protest exists.
6. If no majority protest exists, the Council should consider the accompanying resolution approving the proposed rate adjustments.
RESOLUTION 22-23-*
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SUTTER CREEK APPROVING SOLID-WASTE RATE ADJUSMENTS PURSUANT TO PROPOSITION 218
WHEREAS, the City of Sutter Creek (“City”) has a Franchise Agreement (“Agreement”) with ACES Waste Services, Inc. (“ACES”) for collection of solid waste and recyclable materials; WHEREAS, the Agreement provides for a schedule of rates to be charged to customers of ACES, the existing rates for calendar year 2022 of which are set forth in the “Current Monthly Rate” column of Exhibit A, which is attached and incorporated into this Resolution by reference; WHEREAS, the Agreement authorizes the City to approve rate increases in accordance with its terms and conditions;
WHEREAS, the City Council has received and reviewed the June 14, 2022 request from ACES regarding rate adjustments for the next calendar year in accordance with refuse rate index, or “RRI”;
WHEREAS, pursuant to Proposition 218, the City has duly noticed and held a “majority protest hearing” on September 19, 2022 regarding its intent to approve the requested rate increase; WHEREAS, pursuant to Article XIII, § 6(a), the City has identified 1013 parcels as being subject to the proposed fee increases described and has given mailed notice to such parcels pursuant to Government Code section 53755(a);
WHEREAS, as verified by the counting of protests following the September 19, 2022 hearing in which this matter was considered, a majority protest was not made prior to the close of the public hearing in opposition to the proposed rate increases stated in Exhibit A; and WHEREAS, the California Environmental Quality Act is not applicable to the proposed rate increase because the increase is not a “project,” as defined by California Code of Regulations, Title 14, section 15378(a), and because of the exceptions set forth in California Code of Regulations, Title 14, section 15378(b)(3) and (4) for proposals submitted to voters and fiscal decisions.
NOW, THEREFORE, IT IS HEREBY RESOLVED that effective January 1, 2023, ACES may begin charging customers the rates set forth in the “New Rate” column of Exhibit A as stated therein;
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 19
th day of September 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
____________________________________
James E. Swift, Mayor
______________________________________
Karen Darrow, City Clerk
EXHIBIT A
PROPOSED RATE INCREASES
Current Monthly Rate New Monthly Rate
RESIDENTIAL SERVICE
32-Gal. Weekly Pick-up $33.41 $34.68
64-Gal. Weekly Pick-up $43.19 $44.84
96-Gal. Weekly Pick-up $58.70 $60.94
RESIDENTIAL SENIOR
SERVICE
32-Gal. Weekly Pick-up $30.07 $31.22
64-Gal. Weekly Pick-up $38.87 $40.35
96-Gal. Weekly Pick-up $52.83 $54.84
COMMERCIAL
SERVICE
1-Yard Bin Weekly $152.60 $158.41
2-Yard Bin Weekly $254.07 $263.75
3-Yard Bin Weekly $355.20 $368.73
4-Yard Bin Weekly $456.50 $473.89
6-Yard Bin Weekly $608.39 $631.57
7-Yard Bin Weekly $761.14 $790.14
DEBRIS SERVICE
Debris Box $480.70 $499.01
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 ______________________________________________________________________________ TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
MEETING DATE: AUGUST 15, 2022
FROM: AMY GEDNEY, CITY MANAGER
SUBJECT: COUNCIL STIPENDS
RECOMMENDATION:
By motion, provide staff direction.
BACKGROUND:
During the 2021-2022 fiscal year, the City Council voted to set aside their monthly stipends to be able to offset any costs as a result of the pandemic. The Council ceased the monthly diversion in January 2022. $21,438 was the total amount set aside. The Council directed staff to return with a recommendation on how to use those funds.
DISCUSSION:
Below are a variety of options on how the Council could distribute those funds:
1. Redistribute back to each Council member their pro rata share.
2. Return funds to the General Fund.
3. Use the funds to offset a future project or event.
4. Retain in a set aside fund for a future special project or event request.
5. Partner with another group for a project or event.