CITY COUNCIL A G E N D A
MONDAY, DECEMBER 5, 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
A. November 2022 Election Results
Recommendation: Adopt Resolution 22-23-* Confirming the canvass of the regular municipal election which was held in the City of Sutter Creek on November 8, 2022 and declaring the results of said election.
B. Proclamation for Council member Rianda
Recommendation: Mayor Swift will read the Proclamation Honoring Councilmember Linda Rianda.
C. Swearing in of Council Members and Treasurer
Recommendation: City Clerk Darrow will administer the Oath of Office for newly elected councilmembers Swift and Feist and Treasurer Runquist.
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 November 21, 2022
Recommendation: By motion approve minutes as presented. * B. Warrants
Recommendation: By motion approve warrants as presented.
10. ORDINANCES & PUBLIC HEARINGS
A. Introduce and Waive First Reading of Ordinance No._____ Regarding Compensation of Members of the Design Review Committee.
11. ADMINISTRATIVE AGENDA
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 is an opportunity to provide Council members with a brief status update on legal affairs concerning the City and other pertinent issues surrounding legal matters. 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, December 19th at 7:00 P.M RESOLUTION 22-23-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK CONFIRMING
THE CANVASS OF THE REGULAR MUNICIPAL ELECTION WHICH WAS HELD IN THE CITY OF SUTTER CREEK ON NOVEMBER 8, 2022, AND DECLARING THE RESULTS OF
SAID ELECTION
WHEREAS, a regular General Municipal Election was held and conducted in the City of Sutter Creek, County of Amador, State of California, on Tuesday the 8th of November, 2022, as required by law; and WHEREAS, notice of said election was duly and regularly given in time, form, and manner as provided by law, that voting precincts were properly established, that election officers were appointed and that in all respects said election was held and conducted and the votes cast thereat, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Sutter Creek as follows:
SECTION 1. The whole number of votes cast in the City, the names of the person voted for and the number of votes given at each precinct to each person and the office for which each person was voted for and the number of votes given in the City to each person are as set forth on Exhibit A, attached hereto and made a part of this resolution.
SECTION 2. The City Council does declare and determine that:
1. James E. Swift was elected Member of the City Council of said City for the full term of four years.
2. Susan Feist was elected Member of the City Council of said City for the full term of four years.
3. Victoria Runquist was elected City Treasurer of said City for the full term of four years.
SECTION 3. The City Clerk shall immediately make and, upon compliance by the persons elected with the provision of Section 10265 of the Elections Code of the State of California, shall deliver to each of such persons so elected a certificate of election signed by her and duly authenticated; that she shall also administer to each person elected, the oath of office prescribed in the State Constitution of the State of California and shall have them subscribe thereto and file the same in her office. Whereupon, each and all of said persons so elected shall be inducted into the respective office to which they have been elected.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 5th day of December 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
_________________________
James E. Swift, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
General Election
November 8, 2022 Amador CountyCertified Official Canvass Results by Consolidated Precinct City of Sutter Creek Councilmember
VOTE FOR 2
2 of 2 Precincts Reporting
LINDA RIANDA
JIM SWIFT
SUSAN FEIST
Write-in Totals
Write-in: Invalid
Write-in
Write-in: Not
Assigned
Total Votes Cast
Overvotes
Undervotes
Contest Total
CP17 239 308 264 6 6 0 817 0 327 1,144CP18 354 459 369 18 15 3 1,200 0 382 1,582Totals 593 767 633 24 21 3 2,017 0 709 2,726 Custom Table Report - 11/21/2022 01:17PM Page 34 of 47
Report generated with Electionware Copyright © 2007-2019 General Election
November 8, 2022 Amador CountyCertified Official Canvass Results by Consolidated Precinct City of Sutter Creek Treasurer
VOTE FOR 1
2 of 2 Precincts Reporting
VICTORIA
RUNQUIST
Write-in Totals
Write-in: Invalid
Write-in
Write-in: Not
Assigned
Total Votes Cast
Overvotes
Undervotes
Contest Total
CP17 402 7 7 0 409 0 163 572CP18 533 13 13 0 546 0 245 791Totals 935 20 20 0 955 0 408 1,363 Custom Table Report - 11/21/2022 01:17PM Page 35 of 47
Report generated with Electionware Copyright © 2007-2019
A PROCLAMATION OF THE CITY COUNCIL OF SUTTER CREEK
COMMENDING AND THANKING VICE MAYOR AND COUNCILMEMBER
LINDA RIANDA
FOR HER DEDICATION, LOYALTY, AND LEADERSHIP
TO THE CITIZENS OF SUTTER CREEK
WHEREAS, Councilmember Linda Rianda was first elected to the Sutter Creek City Council on March 9, 2009, and;
WHEREAS, as a Councilmember, she has served as Mayor in 2012, 2017 and 2018 and Vice Mayor in 2011, 2021 and 2022 and;
WHEREAS, during the course of her role as a Councilmember, Linda has also represented the City of Sutter Creek with distinction and sophistication on multiple outside committees including the Amador County Recreation Agency, Amador Tuolumne Community Agency, the Amador Air District, and the Local Agency Formation Commission; and
WHEREAS, as a Councilmember she has also served on multiple council subcommittees including the Marketing Committee, the Finance Committee, and the Grammar School Committee, showing her commitment and understanding of the public agency process its complexities, and the difficulties and triumphs public agencies face to provide services to their constituents; and
WHEREAS, during Linda’s tenure on the City Council, the City has emerged from near bankruptcy, audits have been completed in a timely manner and the City’s finances have been significantly improved, a pension reserve fund has been established, and the City’s OPEB liability has been reduced, the Knight Foundry was acquired by the City, the General Plan has been updated, two major bridge projects have been completed, Minnie Provis Park has been significantly upgraded, the City has been beautified with the planting of 50,000 daffodils and all of these accomplishments will significantly benefit residents now and well into the future; and WHEREAS, Linda is always pleasant and has consistently demonstrated her willingness to work as a team player even in difficult situations, understanding that as a part of the Council it is important to work with all Councilmembers for the greater good of the citizens of Sutter Creek; and WHEREAS Linda has always been able to keep the BIG picture in mind to ensure the preservation of Sutter Creek and its history remain a part of Sutter Creek’s story; and WHEREAS, Linda has always demonstrated a strong commitment in her role as a Councilmember always listening to her constituents and sharing their input with the Council and staff; and WHEREAS, Linda has also donated her time and talents as part a Board member of the Sutter Creek Community Benefit Foundation working for the restoration, preservation and development of the community’s historic assets both now and for future generations;
NOW, THEREFORE, I, Mayor Jim Swift, on behalf of the City Council, Citizens and Employees of the City of Sutter Creek, do hereby issue this Proclamation to Linda Rianda in recognition of her many achievements, BE IT FURTHER RESOLVED, We extend our gratitude and appreciation to Linda for thirteen years of exemplary service as a Councilmember. We congratulate Linda for a job well done and wish her continued success and happiness.
THE CITY OF SUTTER CREEK
___________________
James E. Swift, Mayor
CITY COUNCIL MINUTES
MONDAY, NOVEMBER 21, 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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Dial by phone:
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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 (via zoom), Peters, Rianda, Sierk and Swift
Vicky Runquist, City Treasurer
Staff Present:
Amy Gedney
Elizabeth Fratarcangeli
Karen Darrow
Jodi Steneck
Andy Hauge
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION- None.
5. PUBLIC FORUM
Frank Cunha of Sutter Creek noted his concern regarding the lack of response to the petition that was submitted a couple of years ago requesting a walking path. He requested that a discussion about the walking path be put on the agenda in January so that the public can be updated and questions can be asked and answered.
Council member Peters noted that the Gopher Flat realignment is being worked on per the Engineers Report and as evidenced in the warrants.
6. PRESENTATIONS
Presentation by Tim Murphy regarding an update on the work of the Sutter Creek Community Benefit Foundation’s work at the Historic Sutter Creek Grammar School.
Recommendation: For information only.
This item was postponed at the request of Mr. Murphy.
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 Sewer Report
So Noted.
8. MAYOR AND COUNCIL MEMBER REPORTS
Vice-Mayor Rianda reported that the Air District Board met on October 18th and noted that the green vehicle project has been delayed due to a difficulty in getting chips for the vehicles. She also reported that Amador City Council member Bruce Smith and Fire Chief Dominic Moreno collected money to go towards the purchase of a wood chipper and requested $7,500.00 in order to make the purchase. She also noted that the chipper would be placed at the Sutter Creek fire station.
Council member Sierk reported that ACRA met last week and discussed expanding some of the Little League Fields so the older teams could use them as well. She also noted that ACRA is coordinating with the schools to expand the EOP program.
Council member Sierk commended staff on how nice the Holiday decorations look.
Mayor Swift commended Rand Huggett on his update to the mural at Sutter Hill, noting that it looks fantastic.
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 October 17, 2022
Recommendation: By motion approve minutes as presented.
M/S Council member Peters/Rianda to Approve the City Council Minutes of October 17, 2022, as amended.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
B. Warrants
Recommendation: By motion approve warrants as presented.
M/S Council member Rianda/Sierk to Approve the warrants excluding the warrants Hauge Brueck & Associates.
AYES: Gunselman, Peters, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Rianda/Sierk to Approve the warrants for Hauge Brueck & Associates.
AYES: Gunselman, Rianda, Sierk and Swift
NOES: None
ABSTAIN: Peters
ABSENT: None
MOTION CARRIED
C. Resolution 22-23-19 Authorizing remote teleconference meetings of the legislative bodies of the City of Sutter Creek.
Recommendation: Adopt Resolution 22-23-* as presented.
D. Resolution 22-23-20 Authorizing two (2) flow sensors, two -(2) data loggers, and two (2) sets of miscellaneous required equipment) with costs not to exceed $50,000.00 without additional approval from City Council and approving Budget Amendment #2.
Recommendation: Adopt Resolution 22-23-* as presented.
E. Contract with AQuality for operations support services Recommendation:
1. Adopt Resolution 22-23-22 Authorizing the City Manager to sign an annual contract with AQuality for operation support services for the Wastewater Treatment Plant and the Sewer Collection System and amending the Budget to add $19,250 in Professional Service to the Sewer Fund, Department 1510.
2. Adopt Resolution 22-23-23 Approving Budget Amendment #3, for Fiscal Year 2022-23 for Contract with AQuality.
M/S Council member Peters/Rianda to Approve Consent Agenda Items C, D & E.
AYES: Gunselman, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
F. Budget Amendment #4 for Fiscal Year 22-23 for DRC Stipends.
Recommendation: Adopt Resolution 23-23-* authorizing Amendment #4 to the fiscal year 2022-23 budget to add stipends to the Design Review Committee’s appointed members.
This item was pulled from the agenda.
The Council directed staff to bring this item back as an amendment to the ordinance.
John Otto, member of the Design Review Committee, commented that he appreciates the intent but is not sure a stipend is warranted.
10. ORDINANCES & PUBLIC HEARINGS
A. Capital Facilities Fees Annual Report
1. Hold a Public Hearing regarding the Capital Facilities Fees Annual Report.
2. Accept by motion the City of Sutter Creek Capital Facilities Fees Annual Report for Fiscal Year 2021-22
Mayor Swift opened the Public Hearing at 7:32 p.m.
John Otto suggested that if the impact fees are per dwelling unit that the format appears skewed and should possibly be refigured.
Mayor Swift closed the Public Hearing at 7:36 p.m.
Council member Peters clarified that Table 3 reflects a pass through that is collected by the City and sent to ACTC for Traffic Mitigation.
M/S Council member Peters/Rianda to Accept the City of Sutter Creek Capital Facilities Fees Annual Report for Fiscal Year 2021-22.
AYES: Gunselman, Rianda, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
11. ADMINISTRATIVE AGENDA
A. Amador Water Agency Water Availability
Recommendation: For information and discussion.
Amador Water Agency General Manager Larry McKenney presented an overview of what the limited water availability means to Sutter Creek. He explained that they have a problem with producing treated water to all the areas serviced by the Ione and Tanner treatment plants, noting that customer demand is slightly higher than treatment plant capacity.
Mr. McKenney explained that they are currently telling developers there is concern with AWA’s ability to provide treated water. He noted that the letter that was sent to Dannco has been sent to other projects as well and that they have not denied service for any of the projects, he stated that there is a long way to go in the process before reaching that point.
Mr. McKenney noted that a moratorium on connections would take an ordinance change and that has not happened yet.
Mr. McKenney explained that subdivisions are being evaluated, noting that single family homes do not create a great demand on the system.
Mike Kirkley of Sutter Creek asked if the AWA is being consistent in providing service and commented that projects with a multifamily designation should not be treated different.
Mr. McKenney explained that large development projects cannot be guaranteed to have water at this point.
Al Bierce of Sutter Creek asked what Dannco needs to do next. Mr. McKenney noted that he has sent a letter to them and is awaiting a response.
Mr. McKenney explained that they are working hard to address the problem and are hopeful that they may have increased capacity in April.
B. Housing Element Update
Recommendation: For information only.
Andy Hauge reviewed the timeline for the Housing Element Update review process implemented by the County, explaining that it will be a very quick turnaround.
December 12th- CC/PC Joint Workshop
December 13th- comments due to Andy
December 14th- comments due to the County
The Council directed staff to provide a condensed document for Council to review prior to the workshop.
C. Planning/Administration Department staffing.
Recommendation: For information and staff direction.
City Manager Gedney noted that after reviewing staffing needs, she would like to proceed with the existing Administrative Analyst job description that currently exists.
Council member Gunselman asked if she had looked into a part time planner.
City manager Gedney explained that she tried to get one but that the City cannot afford a planner at that level and that she would like to move forward using Hague Brueck & Associates with the Administrative Analyst as a support amongst other functions.
12. FUTURE AGENDA ITEMS
Council member Sierk requested:
1- An update on the pedestrian pathway from Meadowcrest. 2- A discussion about meeting cancellation. She would like to see the Council meet more regularly.
Council member Gunselman requested:
1-An update from staff on the Gopher Flat realignment.
13. CITY ATTORNEY’S REPORT
Nothing to report.
14. CITY MANAGER’S REPORT
City Manager Gedney reported that Rand Huggett is working on wayfinding signage. The draft has been presented to the Marketing Committee and to DRC and will eventually make its way to the Planning Commission and City Council.
City Manager Gedney reported that Ione is still taking water and that staff has been able to get rid of more water with a floating irrigation pump and that ARSA is in fairly good shape at Preston.
She also noted that the pickle ball court painting at Bryson Park will have to wait until Spring because of the weather but the basketball court is ready.
City Manager Gedney reminded everyone of the upcoming Christmas Events including the Christmas Tree Lighting this Saturday at the Plaza that will include pictures with Santa in the auditorium.
15. ADJOURNMENT
The meeting was adjourned at 9:06 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: DECEMBER 5, 2022
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: WARRANTS TO BE PAID
RECOMMENDATION:
Attached you will find a current list of warrants to be paid.
BUDGET IMPACT:
Current list of warrants to be paid is $79,793.15
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer
STAFF REPORT
TO: CITY COUNCIL
MEETING DATE: DECEMBER 5, 2022
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: ORDINANCE REGARDING COMPENSATION OF
MEMBERS OF THE DESIGN REVIEW COMMITTEE
RECOMMENDATION:
Introduce and Waive First Reading of Ordinance No._____ Regarding Compensation of Members of the Design Review Committee.
BACKGROUND and DISCUSSION:
At the City Council’s November 21, 2022 meeting, the Council considered a budget amendment to provide for stipends for Design Review Committee members. During the discussion of that item, the Council gave direction for Staff to provide for legislative authorization for such stipends in the City Municipal Code. The proposed ordinance is provided for this purpose. If enacted, it would amend the section of the Code creating the Committee to state the Commission members shall receive monthly stipends, as established by resolution.
FISCAL IMPACT:
There is no immediate fiscal impact associated with the approval of the proposed ordinance. But there would be a fiscal impact associated with any resolution the Council enacts in accordance with this ordinance.
1 ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF SUTTER CREEK
REGARDING COMPENSATION OF MEMBERS OF THE
DESIGN REVIEW COMMITEE
Section 1
Section 18.45.040 of the City of Sutter Creek Municipal Code is amended as follows:
18.45.040 Committee established.
The city council shall establish a design review committee (DRC) to make determinations and/or recommendations to the community development director and the planning commission with respect to a project's level of compliance with the design standards.
The design review committee shall consist of five members appointed to three-year overlapping terms by the city council. All meetings of the committee shall be conducted in accordance with the open meeting laws of the State of California and such rules of procedure as the committee may establish for the conduct of its business. Committee members shall receive a monthly stipend as the city council shall establish by resolution.
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 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.
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 December 5, 2022 and enacted by the City Council of the City of Sutter Creek at a regular meeting held on January __, 2023. 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the Sutter Creek City Council, held on this ___ day of January 2023, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk