15. ADJOURNMENT
The next regularly scheduled meeting is MONDAY, NOVEMBER 7 th at 7:00 P.M
Upcoming Zoning Code Workshop:
Monday, November 7th
CITY COUNCIL A G E N D A
MONDAY, OCTOBER 17, 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.
Join Zoom Meeting
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Dial by phone:
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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
A. Knight Foundry Update- Council member Peters
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
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 September 19, 2022
Recommendation: By motion approve minutes as presented. *
*
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.
10. ORDINANCES & PUBLIC HEARINGS- None.
11. *
*
ADMINISTRATIVE AGENDA
A. FY 2021-2022 End of the year summary
For information only.
B. AB 2449-New Brown Act Legislation
For information and staff direction.
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, NOVEMBER 7 th at 7:00 P.M
Upcoming Zoning Code Workshop:
Monday, November 7th
TO: Amy Gedney, City Manager
FROM: James O’Connell, Chief of Police
DATE: October 17, 2022
DEPARTMENT INFORMATION
September 2022
Monthly Statistics
Officer Initiated Incidents 411
Traffic Stops 161
Other Officer Initiated Incidents 250
Business Checks 138
Vehicle/Pedestrian Checks 34
Total Officer Reports 40
Misdemeanor Arrests 8
Felony Arrests 3
Moving Citations 20
Parking Citations 4
Total 1,069
Downtown Foot Patrol:
During the month of September 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 19 hours of service, including transporting evidence to the Department of Justice and records processing.
STAFF REPORT
TO: AMY GEDNEY, CITY MANAGER
MEETING DATE: OCTOBER 17, 2022
FROM: GEORGE ALLEN PUBLIC WORKS FOREMAN
SUBJECT PUBLIC WORKS DEPARTMENT REPORT FOR SEPTEMBER 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 not meet all the effluent quality discharge requirements for the month of September.
Table 1. Monthly Status of required reporting constituents.
Constituent Monthly Results Monthly Limits
Monthly Influent Flow 8.543 MG. 0.285 mgd daily avg .48mgd1 Effluent BOD, mg/L >40 mg/L230 mg/l
Effluent Settleable Matter,
mL/L
< 0.1 ml/L 0.5 ml/l
Effluent TSS, mg/L 20 mg/L 30 mg/l
Total Coliform, MPN < 1.8 mpn 23 mpn
Sludge Wasted 24,475 gallons
Rain .62” in. 0..62 in. YTD –26.42” Last YTD
1 The .48 mgd is daily dry weather flow (May through October). 2 The treatment didn’t meet the 30mg/l BOD average for the month of September due to low recirculation over the trickling filter and the high heat weather.
Plant Compliance Issues:
• The August 2022 report was electronically submitted to Regional Water Quality Control Board.
Operational Strategy Modifications:
• The rag bin was hauled on October 11, 2022.
• A regular sludge wasting schedule was kept with a total of 24k gallons dewatered. • Retook 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
• 9/11/2022, 440 Hwy 49 plugged City main.
• 9/12/2022, 361 California Dr. home owner issue with pump station.
Sewer System Cleaning and Maintenance.
• For September, there was 1,691 feet of sewer line cleaned. Total amount cleaned for 2022 is 24,121 feet.
Service Requests
Responded to ten Service Requests in August.
• One was for a facility issue;
• One for a street issue;
• Three were for tree issues;
• Five were for code enforcement.
Effluent Disposal
• Meet with Division of Safety of Dams and performed the annual 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.
• Installed pump and working on the sprinklers at the pump fields at Hoskins irrigation. • 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. • Repainting the yellow crosswalks in the school areas. • Weed spraying City roadsides and right of ways.
• Ongoing roadside trash cleanup.
• Ongoing patching of numerous potholes.
Parks and Buildings
• Set up fall decorations in the City plaza.
• Went over with the building official about renovating the bathroom at Bryson park, but due ADA regulations it does not meet the code because of its small size and access ramp to the bathroom.
• Campbell Construction started work on Bryson park by removing old concrete basketball court and moving two redwood trees.
• Ongoing pool maintenance and chemical checks.
• Started cutting back bushes and pruning trees.
• Ongoing set up and take down for meetings at the Community Center. • Ongoing cleanup of buildings for rentals.
September 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
8/31/2022 8/31/2022 2022-SEP-01 9/1/22 3/1/23 018-180-020 18 Main St. Township #4 Memorial Distric JM Roofing Re-roof 9,800.00 2.74 1.00 $ 3.74 8/31/2022 8/31/2022 2022-SEP-02 9/1/22 F 018-264-005 184 Lorinda Dr. Moran, Michael & RoyleneKlonowski Roofing Re-roof 8,000.00 176.00 1.04 1.00 $ 178.04 8/18/2022 8/30/2022 2022-SEP-03 9/1/22 F 018-201-022 40 Nickerson St. Lambert, Craig Skyline Energy Savers Solar 28,500.00 272.72 177.28 3.71 2.00 $ 455.71 8/23/2022 8/31/2022 2022-SEP-04 9/8/22 3/8/23 018-020-011 231 Oro Madre WayMiller, Jeannette Sunrun Solar 35,770.00 272.72 177.28 4.65 2.00 $ 456.65 8/31/2022 8/31/2022 2022-SEP-05 9/8/22 3/8/23
044-510-
026/027 92 Ridge Rd. Jackson Rancheria Development Corp Determined by Owner Electrical 2,000.00 204.00 0.50 1.00 $ 205.50 9/6/2022 9/14/2022 2022-SEP-06 9/15/22 F 040-200-013 311 Sutter Crest EastMcHenry, Solar Solar Revolution Solar 21,024.00 275.02 177.28 2.73 1.00 $ 456.03 8/1/2022 8/4/2022 2022-SEP-07 9/20/22 3/20/23 018-220-003 70 Greenstone TerraceLynch, Ken & Wakefield, Lauren Conor Herdt Other 10,000.00 220.00 503.50 1.30 1.00 $ 725.80 Retaining
Wall
9/7/2022 9/19/2022 2022-SEP-08 9/19/22 3/19/23 018-201-045 66 Nickerson St. Thomas, Stephanie Determined by Owner Deck 22,000.00 484.00 314.60 2.86 1.00 $ 802.46 9/13/2022 9/15/2022 2022-SEP-09 9/20/22 3/20/23 018-163-002 50 Randolph St. Boitano, Brian Mountain Air HVAC 14,525.00 319.55 1.89 1.00 $ 322.44 9/14/2022 9/15/2022 2022-SEP-10 9/20/22 3/20/23 018-201-023 30 Nickerson St. Weatherly, Bart Mountain Air HVAC 21,325.00 469.15 2.77 1.00 $ 472.92 9/8/2022 9/20/2022 2022-SEP-11 9/21/22 3/21/23 018-320-035 100 David Dr. Marler, David Sunrun Solar 57,936.00 272.72 177.28 7.53 3.00 $ 460.53 7/11/2022 9/22/2022 2022-SEP-12 9/26/22 3/26/23 018-152-037 133 Badger Rd. The Griffin Company Determined by Owner Addition 278 33,553.00 749.47 781.88 4.36 1.00 $ 1,536.71 9/12/2022 9/12/2022 2022-SEP-13 9/29/22 3/29/23 018-281-002 225 Patricia Ln. Ysalgue, Juan Amador Plumbing Sewer Line 6,700.00 147.40 0.87 1.00 $ 149.27 9/20/2022 9/22/2022 2022-SEP-14 9/29/22 3/29/23 018-242-001 110 Leiby Ave. Johnson, Tammy Amador Plumbing Water
Heater 2,600.00 110.00 0.50 1.00 $ 111.50
Totals 11,800.00 261,933.00 204.00 3,768.75 2,309.10 - 37.45 18.00 6,337.30 City of Sutter Creek
City Treasurer's Report
Receipts & Disbursements Report
City's Checking Account
Receipts
Deposits $ 363,291
Reversal of Bank Charges
Total $ 363,291
Disbursements
Accounts Payable $ 419,921
Payroll & Benefits 104,471
Bank Charges 45
Total $ 524,437
Net Amount of Investment Transfers $ -
Recap of City Treasury
Investments on Hand September 30, 2022
Rate of
Return
Bank of Marin Checking $ 1,040,021 0.01%
Bank of Marin Money Market $ 11,570 0.07%
Bank of Marin Money Market #2 $ 2,033,253 0.25%
* California State Treasurer's LAIF $ 1,573,210 0.75%
Total $ 4,658,054
Total this month last year $ 3,991,269
* 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 10/12/2022 September 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: OCTOBER 17, 2022
FROM: KAREN DARROW, ADMINISTRATIVE SERVICES SUPERVISOR
SUBJECT: ADMINISTRATIVE SERVICES SEPTEMBER 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 September 2022.
DISCUSSION:
Risk Management
• Review and oversight of one active Workers Comp claim and two ongoing liability claims.
Human Resources
• Coordinate and conduct interview process for part-time Account Clerk. • Prepare for upcoming Section 125 and health benefit open enrollment.
City Clerk
• 2-Public Record Request Responses and 15-Citizen Inquiries responses. • Agenda preparation, minutes and follow up for:
1-City Council, 1- PC, 2-DRC and 2-ARSA, 1-Sewer Committee, 1-Finance Committee and noticing for 2 public hearings.
• Oversee Prop 218 process.
• Issued 4-Design Clearance permits, 1- CUP and 3-sign permits • 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. • Coordination and implementation of Fall marketing plan. 2 • Preparations for Winter Marketing Scheme- met with SCBPA to discuss, began coordinating city decoration efforts with Public Works department. • Expand the city-wide Holiday Light Tour for the public to participate in throughout December.
• Create 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: OCTOBER 17, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: FINANCE DEPT. SEPTEMBER 2022 REPORT
RECOMMENDATION:
Informational only.
BACKGROUND:
To provide information regarding the activities of the Finance Department for the month of September 2022.
DISCUSSION:
Accounts Receivable
• Fourteen (14) Building Permits were issued in September for a fee total of $6,337.30. • Facility rental revenue for the month of September 2022 was $2,172.00. • Currently we have; 177 Sewer service customers enrolled in e-billing and 285 Sewer service customers are enrolled in auto pay.
Accounts Payables
• 75 Warrant checks were issued in the amount of $419,770.55 Special Events applications approved
• Knight Foundry Alliance – Feast at the Foundry, event date 9/17/22 • Amador Arts Wine Fest, event date 11/12/22
Misc.
• Participated in a CalPERS audit.
• Conducted interviews for Account Clerk I position
CITY COUNCIL MINUTES
MONDAY, SEPTEMBER 19, 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/9568520224
or
Dial by phone:
301-715-8592
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 (via zoom), Peters, Sierk and Swift
Vicky Runquist, City Treasurer
Absent: Rianda
Staff Present:
Amy Gedney
Derek Cole
Karen Darrow
Jodi Steneck
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION- None.
5. PUBLIC FORUM- None.
6. PRESENTATIONS- None.
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
G. Monthly Engineer’s Report
H. Monthly Planning Report
So Noted.
8. MAYOR AND COUNCIL MEMBER REPORTS
Council member Peters reported that the Feats at the Foundry was a success and possibly the best fundraiser so far.
Council member Sierk reported that ACRA met last week and has decided to scrap the Jackson trail project due to mine waste and have changed direction and are working to put a trail head at Molly Joyce Park instead. She also noted that ACRA is looking to meet with Sutter Creek and Jackson regarding the pools.
Mayor Swift thanked the Boy Scouts for the flags and noted that the fall décor looks great on Main Street.
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.
B. Warrants
Recommendation: By motion approve warrants as presented.
C. Resolution 22-23-15 Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
Recommendation: Adopt Resolution 22-23-* as presented.
D. Resolution 22-23-16 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
M/S Council member Peters/Sierk to Approve the Consent Agenda with edits to Items 9A, 9C and 9D.
AYES: Gunselman, Peters, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: Rianda
MOTION CARRIED
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.
City Manager Gedney recommended that the public hearing be opened for public comment and closed until this item is ready to return. She noted that there will be a workshop in October to review changes and a new public hearing will be held thereafter and landowners will be renotified.
Mayor Swift opened the Public Hearing at 7:32 pm there was no public comment and the hearing was closed.
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.
City Attorney Cole gave an overview of the Prop 218 process and reported that one written protest vote was received.
Council member Sierk noted that she would like more information about past rate increases.
Mayor Swift opened the Public Hearing at 7:45 pm there was no public comment and the hearing was closed.
M/S Council member Peters/Gunselman to Adopt Resolution 22-23-17 Approving solid-waste rate adjustments pursuant to proposition 218.
AYES: Gunselman, Peters and Swift
NOES: Sierk
ABSTAIN: None
ABSENT: Rianda
(3-1) MOTION CARRIED
11. ADMINISTRATIVE AGENDA
A. Use of Council stipends
Recommendation: Direct staff on how to proceed.
Council member Sierk suggested replacing garbage receptacles throughout town or a sign on Old Hwy 49 coming from Amador City.
Council member Gunselman suggested contributing to the Fire Districts chipper project that would offer residents mobile chipping throughout town.
Council member Peters suggested improving the gateway area to include the side where the MACT building is going to be so that it is a proper gateway on both sides.
Council member Gunselman expressed concern about adding to the gateway when the existing area is not cared for. She noted that there are several options for using the money on multiple things such as seed money for a community clean-up effort.
Treasurer Runquist suggested applying the funds to the Bryson Park project to add some of the features from the wish list that had to be eliminated.
Council member Peters noted a discussion is needed about the intent of how to use the funds either directing all funds toward one project or allowing each Council member to use some on their choice of projects.
Mayor Swift suggested that the discussion be continued when the entire Council is present and noted that he will be attending the Fire District meeting and will talk to them about other resources for funding for their Chipper project.
The Council directed staff to bring this item back to a future meeting and remove options one and two from the staff report for next time.
12. FUTURE AGENDA ITEMS- None.
13. CITY ATTORNEY’S REPORT- None.
14. CITY MANAGER’S REPORT
City Manager Gedney reported that there is a group in Amador City working to develop trails throughout Amador County including a route between Amador City and Sutter Creek. They are currently working with ACTC and have included use of the mitigation property.
City Manager Gedney also noted that the Finance Committee will be bringing a report forward in the near future and that there is an ARSA meeting next week and that she will be meeting with the Regional Board and the ARSA stakeholders.
There will soon be a joint workshop scheduled for the Council and Planning Commission to review the proposed zoning code changes.
15. ADJOURNMENT
The meeting was adjourned at 8:25 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: OCTOBER 17, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: WARRANTS PAID ON OCTOBER 3, 2022 AND CURRENT WARRANTS
TO BE PAID
RECOMMENDATION:
Attached you will find two warrant reports, the first were paid on October 3, 2022 and the second report is a current list of warrants to be paid.
BUDGET IMPACT:
Amount paid on October 3, 2022 was $139,096.11
Current list of warrants to be paid is $81,704.61
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. Providing the option for remote participation will allow for persons to participate in the meetings of the Council who would otherwise not do so because of 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 17
th day of October, 2022 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
James E. Swift, Mayor
ATTEST:
______________________________________
Karen Darrow, City Clerk
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: OCTOBER 17, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: 2021-22 YEAR END FINANCIAL REVIEW
RECOMMENDATION:
For information
BACKGROUND:
The Finance committee held a meeting on September 14, 2022 to review year-end financial reports, which included some historical data along with future projections.
DISCUSSION:
For fiscal year 2021-22 the City of Sutter Creek’s General Fund actual revenue exceeded budgeted by $233,281. Sales Tax, Transient Occupancy Tax, and Property Tax were the major contributed to the overage.
The year-end expense report shows that our general fund was under budget by $39,798. The Police Department was under budget by $163,588 which contributed to the City being under budget.
The historical revenue reports include projections for the next two years, to give a snapshot of the major revenue sources, Property Tax, Sales Tax, and TOT.
BUDGET IMPACT:
None
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 Property Tax 629,846.00 652,970.00 671,130.00 677,329.00 699,257.00 734,580.00 773,953.00 819,627.00 851,444.00 901,577.00 901,020.00 919040.4 Sales Tax 169,407.00 177,590.00 220,851.00 299,405.00 338,137.00 389,693.00 399,545.00 362,671.00 409,844.00 542,178.00 436,000.00 444720 TOT 158,618.00 155,668.00 224,330.00 258,198.00 280,551.00 275,935.00 279,672.00 214,879.00 211,710.00 318,545.00 326,025.00 332545.5 % change 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 Property Tax 4% 3% 1% 3% 5% 5% 6% 4% 6% 0% 2%
Sales Tax 5% 24% 36% 13% 15% 3% -9% 13% 32% -20% 2%
TOT -2% 44% 15% 9% -2% 1% -23% -1% 50% 2% 2%
-
100,000.00
200,000.00
300,000.00
400,000.00
500,000.00
600,000.00
700,000.00
800,000.00
900,000.00
1,000,000.00
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 Property Tax, Sales Tax and TOT
Property Tax Sales Tax TOT
-0.3
-0.2
-0.1
0 0.1
0.2 0.3
0.4 0.5
0.6 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 2022-2023 2023-2024 % Change by Year
Property Tax Sales Tax TOT
GF Revenue GF Expenses
2017-18 1,894,876 $1,798,975
2018-19 2,206,149 $2,202,009
2019-20 1,909,240 $1,747,421
2020-21 2,271,344 $1,856,584
2021-22 2,314,841 $1,978,141
2022-23 Budget 2,187,545 $2,092,822
2023-24 Estimate 2% 2,231,296 $2,134,678
General Fund Revenue and Expense
2017-18 2018-19 2019-20 2020-21 2021-22 2022-23 Budget 2023-24 Estimate 2%
GF Revenue 1,894,876 2,206,149 1,909,240 2,271,344 2,314,841 2,187,545 2,231,296 GF Expenses $1,798,975 $2,202,009 $1,747,421 $1,856,584 $1,978,141 $2,092,822 $2,134,678 0 500,000
1,000,000
1,500,000
2,000,000
2,500,000
General Fund Revenue and Expense
GF Revenue GF Expenses
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Property Tax 629,846.00 652,970.00 671,130.00 677,329.00 699,257.00 734,580.00 773,953.00 819,627.00 851,444.00 901,577.00 Sales Tax 169,407.00 177,590.00 220,851.00 299,405.00 338,137.00 389,693.00 399,545.00 362,671.00 409,844.00 542,178.00 TOT 158,618.00 155,668.00 224,330.00 258,198.00 280,551.00 275,935.00 279,672.00 214,879.00 211,710.00 318,545.00 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Property Tax 629,846.00 652,970.00 671,130.00 677,329.00 699,257.00 734,580.00 773,953.00 819,627.00 851,444.00 901,577.00 Sales Tax 169,407.00 177,590.00 220,851.00 299,405.00 338,137.00 389,693.00 399,545.00 362,671.00 409,844.00 542,178.00 TOT 158,618.00 155,668.00 224,330.00 258,198.00 280,551.00 275,935.00 279,672.00 214,879.00 211,710.00 318,545.00 Property Tax, Sales Tax & TOT - 10 Years
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100,000.00
200,000.00
300,000.00
400,000.00
500,000.00
600,000.00
700,000.00
800,000.00
900,000.00
1,000,000.00
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Property Tax, Sales Tax and TOT
Property Tax Sales Tax TOT
-
200,000.00
400,000.00
600,000.00
800,000.00
1,000,000.00
1,200,000.00
1,400,000.00
1,600,000.00
1,800,000.00
2,000,000.00
2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 2021-22 Property Tax, Sales Tax & TOT - 10 Years
Property Tax Sales Tax TOT
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: OCTOBER 17, 2022
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: SUMMARY OF AB 2449, AUTHORIZING AUDIO-VISUAL AND
TELECONFERENCE ACCESS DURING PUBLIC MEETINGS
INTRODUCTION
In this recently concluded term, the Legislature enacted and the Governor Signed Assembly Bill (“AB”) 2449, which will become effective on January 1, 2023. This legislation enacts a permanent scheme for use of audio-visual and teleconferencing during public meetings. This new law builds on the previous, limited authorization the Ralph M. Brown Act has allowed for teleconferenced meetings and on more recent legislation expanding audio-visual access during the Covid-19 pandemic.
BACKGROUND
Historically, in order to hold a public meeting through teleconference, local agencies have been required to comply with the provisions of Government Code Section 54953(b). In particular, Government Code Section 54953(b)(3) requires that the local agency:
1. Post agendas at all teleconference locations;
2. Identify each teleconference location in the notice and agenda of the meeting;
3. Ensure each teleconference location is accessible to the public; and
4. Ensure at least a quorum of the legislative body members participate from locations within the boundaries of the territory.
Due to COVID-19, the Governor issued Executive Orders relaxing these requirements to allow local agencies to continue to hold meetings while maintaining the social distancing guidance of state and local public health officials. The Legislature codified the waiver of the (b)(3) requirements for the duration of the state of emergency in 2021 with the passage of AB 361. The provisions of AB 361 remain in effect during a proclaimed state of emergency and can be found in Government Code Section 54953(e).
AB 2449 now expands on these previous authorizations. It allows legislative members of local agencies to hold teleconferenced meetings, in limited circumstances, without complying with the requirements of Item 11B
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 subsection (b)(3) described above and outside of a proclaimed state of emergency. AB 2449 does not repeal the traditional teleconference option in subsection (b) or the COVID-19 provisions of AB 361 found in subsection (e).
Instead, AB 2449 gives a third pathway that will provide increased flexibility to local officials once the COVID-19-proclaimed state of emergency ends. In particular, the amendment enables members to participate in a public meeting remotely without posting agendas at their remote location, disclosing the address of the remote location, or opening the remote location to the public. However, local officials may use remote teleconferencing without complying with the (b)(3) requirements only in a limited number of times per year and in certain circumstances defined as "just cause" or due to an "emergency circumstance." “Just cause” is defined in the new law as:
1. Childcare or caregiving of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires members to participate remotely;
2. A contagious illness that prevents them from attending in person;
3. A need related to a disability not otherwise accommodated; or
4. Traveling for official city business.
Additionally, a council member may request a teleconference under emergency circumstances, which includes a physical or medical emergency that prevents the member from attending an in-person meeting.
A member may not utilize the new subsection (f) provisions for more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year. If the legislative body meets fewer than 10 times per calendar year, the member may not utilize the provisions for more than two meetings per calendar year. Finally, a member may only utilize the "just cause" provisions twice per calendar year.
At any meeting where the member is utilizing the provisions of subsection (f), the member must provide a brief general description of the "just cause" or "emergency" circumstances justifying their absence in person.
As noted, AB 2449 does not supersede or replace the traditional teleconference provisions under subsection (b) or the AB 361 provisions under subsection (e), and both of those subsections may continue to be utilized by the City.
CHECKLIST
For our purposes, the following is a checklist that will allow City Staff and the City Attorney to determine if grounds for invoking AB 2449 are authorized.
At least a quorum (3) of members are present in a single physical location within the City's jurisdiction for the public meeting, which is clearly identified in the agenda and open to the public. The City should choose one reliable two-way audiovisual platform for the remote option that allows the public to participate and address the city council during the meeting. (e.g., Zoom) 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 The agenda must identify the audiovisual platform and provide the public with instructions on how to connect and participate in the meeting.
The agenda must have instructions by which the public may offer comments contemporaneously or in real time.
The agenda must include all avenues available for the public to attend the meeting via internetbased and in-person to provide reasonable accommodations for all persons. Each council member can be seen and heard remotely and in person. If the teleconference stream is interrupted, the city must pause the meeting and take no action until public access is restored.
The city cannot require public comments to be submitted in advance. Instead, it must allow the public to address the City Council in real-time.
Each member may teleconference using “just cause” or an “emergency circumstance” no more than three consecutive months or 20% of the regular meetings. If the agency meets fewer than 10 times per year, the provisions may not be used more than two times per year. The “just cause” provisions may only be used twice per year.
Each council member needing remote appearance should:
Notify the council of their need to participate remotely as early as possible:
For Just Cause: Provide a general description of their circumstance for each meeting but no more than 2 meetings per calendar year.
Emergency Circumstance: Provide a general description (no more than 20 words) of their emergency circumstance before the meeting.
Publicly disclose any individual of 18 years or older present in the member’s remote location and the relationship with such individual.
Be visible and heard through the audiovisual platform.