CITY COUNCIL A G E N D A
TUESDAY, JANUARY 3, 2023
6:30 P.M. Closed Session
7:00 P.M. Regular Session
33 Church Street, Sutter Creek CA 95685
The Agenda can be found on the City’s Website: www.cityofsuttercreek.org
THE CITY OF SUTTER CREEK CITY COUNCIL MEETING WILL BE AVAILABLE VIA ZOOM AND IN PERSON.
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Meeting ID: 956 852 0224
Public comment will be accepted by email at [email protected]. All emails must be received prior to the start of the meeting.
6:30 P.M. 1. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9
(Claim of Michelle Van Der Veen and iHeart Homes, Inc.) 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. ELECTION OF MAYOR AND VICE MAYOR FOR 2023
Recommendation:
1. Elect a Mayor for 2023.
2. Elect a Vice Mayor for 2023.
7. *
INFORMATION/CORRESPONDENCE
A. Letter to Amador County Unified School District from ACTC regarding school consolidation plan.
Recommendation: For information only.
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 December 5, 2022
Recommendation: By motion approve minutes as presented. *
*
B. Warrants
Recommendation: By motion approve warrants as presented.
C. Planning Commission Appointment
Recommendation: Adopt Resolution 22-23-* appointing Andrea Macon to the Planning Commission.
10. ORDINANCES & PUBLIC HEARINGS
11. ADMINISTRATIVE AGENDA
*
*
A. PARS 115 Trust-Pension Rate Stabilization Program.
Recommendation: Adopt Resolution 22-23-* Adopting the Public Agency Retirement Services (PARS) Post-Employment Benefits Trust Program.
B. Review of capital improvement projects and cost estimates for inclusion in a future Capital Improvement Program.
Recommendation: 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 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.
A. Legislation Update for 2023
Recommendation: For information only.
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 TUESDAY, January 17th at 7:00 P.M 2325121.3 14465-007
MONA G. EBRAHIMI
[email protected]
1331 Garden Hwy, 2nd Floor | Sacramento, CA 95833 T. 916.321.4500 | F. 916.321.4555 www.kmtg.com December 7, 2022
VIA E-MAIL AND U.S. MAIL
Jared Critchfield, Deputy Superintendent
Amador County Unified School District
Amador County Office of Education
217 Rex Avenue
Jackson, CA 95642
E-Mail: [email protected]
Re: Amador Consolidated High School Plan—Brown Act Cure and Correct/Cease and Desist Letter and CEQA Notice
Dear Mr. Critchfield:
This is a follow up to our letter of October 12, 2022, sent on behalf of the Amador County Transportation Commission (“ACTC”) regarding the Amador County School District’s (“District”) plan for Amador Consolidated High School (“Consolidation Plan” or “Project”).
As an initial matter, we have not received any response to our prior correspondence. This includes any notice of preparation or other notice of commencement of environmental review under the California Environmental Quality Act (“CEQA”) as requested at the ACTC Board meeting of October 6, 2022, and reiterated in our letter. We repeat that ACTC is not taking a position on the merits of the proposed Project, however, there are clear and significant impacts to traffic resulting from the proposed Project, which will need to be appropriately analyzed and mitigated. ACTC remains ready to participate in the District’s process to ensure reasonable and effective mitigation measures are implemented.
We further note there were multiple Brown Act deficiencies related to the District’s purported approval of the proposed Project in May of 2022, including the failure to properly agendize the item for approval or provide any CEQA determination. Accordingly, ACTC was only informed of the District’s purported approval by your and Ms. Gibson’s representations at the October 6, 2022 ACTC meeting, which were paired with a promise that the District would undertake appropriate environmental review and mitigation.
The District's failure to properly and accurately agendize action items prevents ACTC and the public from even knowing what will be discussed and/or acted upon at a board meeting. As such, this letter serves as a cease and desist notice and request to cure and correct your past Brown Act violation. Specifically, on May 24, 2022, the Board voted 5 to 2 in favor of a discussion/action item described only as “School Consolidation.” Actually, this matter was first agendized for the May 11, 2022 meeting, but was voted down to be brought back on June 8, 2022 (not May 24). Then, at the May 24, 2022 meeting, the Board Jared Critchfield
Re: Amador Consolidated High School Plan
December 7, 2022
2325121.3 14465-007
considered this matter, and it was agendized only as "School Consolidation". Nothing in this description includes a CEQA determination or possibility of action on the Project, as required by the Brown Act.
The recent court decision of G.I. Industries v. City of Thousand Oaks, 2d Civ. No. B317201 (October 26, 2022) supports ACTC's position and clarifies that the Brown Act applies to CEQA decisions, including CEQA exemption determinations, discussed or voted upon during the regular meetings of the legislative bodies, meaning that such items of business must be listed on those meeting agendas at least 72 hours prior to the meeting. Please cure and correct this violation.
Please provide us with notice of this meeting, along with notice of any Project action, including any notices of preparation or other CEQA documents, as well as notice of any Project meetings, discussions, reviews, or approvals. We look forward to receipt of appropriate notices (both CEQA and other approvals or developments) so that we may effectively participate in the required environmental review and analysis of the proposed Project.
Finally, as a result of the bond measure not passing this election, we were made aware that the District may be seeking to use traffic impact fees for projects unrelated to the purposes for which the impact fees were collected. Such use of impact fees is illegal under the Mitigation Fee Act. (Gov. Code, §§ 66001, 66006, 66008.) We urge the District to review the purposes for which any developer impact fees were collected and ensure that any expenditure of those fees comply with the Mitigation Fee Act and other applicable regulation. Traffic fees should be used for the purpose for which they were collected.
If you have any questions concerning the above-referenced matters, please contact me.
Very truly yours,
KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
MONA G. EBRAHIMI
MGE/las
cc: Torie F. Gibson, Ed.D., ACUSD Superintendent - [email protected] Yvonne Kimball, Jackson City Manager - [email protected] Amy Gedney, Sutter Creek City Manager - [email protected] Michael Rock, Ione City Manager - [email protected]
Gregoria Ponce, Caltrans - District 10 Local Intergovernmental Review Senior Transportation Planner - [email protected]
Chuck Iley, Amador County Administrative Officer – [email protected]
CITY COUNCIL MINUTES
MONDAY, DECEMBER 5, 2022
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, THE PUBLIC WAS ALSO ABLE TO PARTICIPATE FROM HOME:
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Meeting ID: 956 852 0224
1. CLOSED SESSION- None.
7:00 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR
MEETING
Council members Present:
Feist, Gunselman, Peters, Sierk and Swift
Vicky Runquist, City Treasurer
Staff Present:
Amy Gedney
Derek Cole
Karen Darrow
3. PLEDGE OF ALLEGIANCE TO THE FLAG
Mayor Swift led the Pledge of Allegiance.
Mayor Swift called for a moment of silence to honor the passing of former Sutter Creek Police Chief and City Manager Rob Duke.
4. REPORT FROM CLOSED SESSION- None.
5. PUBLIC FORUM- None.
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.
M/S Council member Peters/Sierk to Adopt Resolution 22-23-24 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.
AYES: Gunselman, Peters, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: Rianda
MOTION CARRIED
B. Proclamation for Council member Rianda
Recommendation: Mayor Swift will read the Proclamation Honoring Councilmember Linda Rianda.
Mayor Swift presented the proclamation for outgoing Council member 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.
City Clerk Darrow administered the oath of Office to Council members Feist and Swift and City Treasurer Runquist.
Council member Feist took her seat with the Council and participated in the remainder of the meeting.
7. INFORMATION/CORRESPONDENCE – None.
8. MAYOR AND COUNCIL MEMBER REPORTS-None.
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.
M/S Council member Gunselman/Peters to Approve the City Council Minutes of November 21, 2022, as amended.
AYES: Feist, Gunselman, Peters, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
B. Warrants
Recommendation: By motion approve warrants as presented.
M/S Council member Peters/Sierk to Approve the warrants excluding the warrants for Hauge Brueck & Associates.
AYES: Feist, Gunselman, Peters, Sierk and Swift
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Gunselman/Sierk to Approve the warrants for Hauge Brueck & Associates.
AYES: Gunselman, Sierk and Swift
NOES: None
ABSTAIN: Feist and Peters
ABSENT: None
MOTION CARRIED
10. ORDINANCES & PUBLIC HEARINGS
A. Introduce and Waive First Reading of Ordinance No._____ Regarding Compensation of Members of the Design Review Committee.
Council member Peters abstained from this item due to a conflict.
Council member Gunselman noted that she had spoken to several DRC members and she did not think there is a desire for a stipend and suggested that if the Council will be reviewing the scope of projects that the DRC reviews then this should have been considered at that time.
City Manager Gedney noted that a change to the Design Standards would go through a different process.
Mike Kirkley of Sutter Creek commented that he does not see the need for the DRC to receive stipends and noted that spending time on this ordinance when there are more important ordinances to work on shows that priorities are not straight.
Gail Schifsky of Sutter Creek noted that it is necessary to look at the scope of projects that filter through the DRC. She did not feel that her project should have had to go through the process.
Al Bierce of Sutter Creek asked how often the DRC meets in comparison to the Planning Commission.
City Manager Gedney noted that the DRC meets twice a month and the Planning Commission meets once a month.
This item died due to the lack of a motion.
11. ADMINISTRATIVE AGENDA- None.
12. FUTURE AGENDA ITEMS
Council member Sierk requested:
1- an update on Gopher Flat.
2- To complete the update of the procedure manual.
3- Stick with a consistent meeting schedule because the Council only met fifty percent of the time this past year.
Council member Gunselman requested:
1- Update on Gopher Flat in January separate from the CIP report. 2- Status of Circulation Element.
Council member Feist asked if the sign ordinance will be on the agenda.
City Manager Gedney noted that an update on Gopher Flat will be coming the first meeting in January along with the CIP update.
City Attorney Cole noted that the procedure manual review can continue in January.
City Manager Gedney noted that the Zoning Workshops should be a priority and need to be scheduled back to back.
13. CITY ATTORNEY’S REPORT
City Attorney Cole noted that he will provide some legislative highlights at the next meeting.
14. CITY MANAGER’S REPORT- None.
15. ADJOURNMENT
The meeting was adjourned at 7:48 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: JANUARY 3, 2023
FROM: JODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: WARRANTS PAID ON DECEMBER 19, 2022 AND CURRENT
WARRANTS TO BE PAID
RECOMMENDATION:
Attached you will find two warrant reports, the first were paid on December 19, 2022 and the second report is a current list of warrants to be paid.
BUDGET IMPACT:
Amount paid on December 19, 2022 was $62,170.88
Current list of warrants to be paid is $126,755.25
RESOLUTION 22-23-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
APPOINTING ANDREA MACON TO THE PLANNING COMMISSION
WHEREAS, the City of Sutter Creek Municipal Code, Section 2.52.020, provides that the City Council shall appoint members to the Planning Commission; and WHEREAS, said member shall serve concurrently with the appointing Council member; and NOW, THEREFORE, BE IT RESOLVED, the City Council hereby appoints the following person as a member of the City’s Planning Commission with the following appointment timeframe:
Council member Commissioner Term Ending
Susan Feist Andrea Macon 12/2026
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 3rd day of January 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
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: JANUARY 3, 2023
FROM: ODI STENECK, ACCOUNTING SUPERVISOR
SUBJECT: PARS 115 TRUST – PENSION RATE STABILIZATION
PROGRAM
RECOMMENDATION:
Adopt Resolution 22-23-* to approve the adoption of the Public Agency Retirement Services (PARS) Post-Employment Benefits Trust Program to be administer by PARS and U.S. Bank, appointing the City Manager as the City’s Plan Administrator, and authorizing the City Manage to execute the documents to implement the Program.
BACKGROUND:
In 2012, the Government Accounting Standards Board (GASB) issued Statement No. 68, Accounting and Financial Reporting for Pensions. GASB 68 requires that governmental employers that sponsor Defined Benefit plans (i.e., CalPERS) must recognize a net pension liability (unfunded accrued liability) on their balance sheet. This is the difference between the City’s total pension liability (actuarial accrued liability) and actual plan assets. GASB 68 will become effective for fiscal years starting after June 15, 2014.
To reduce the GASB 68 net pension liability figure, the City’s only prior option was to commit additional funds to CalPERS (in excess of its annual required contributions) to reduce its unfunded liability. However, a recent private letter ruling received by PARS from the IRS established that the City could create a separate trust to "pre-fund" its CalPERS unfunded liability. This would provide the City with an alternative to sending funds to CalPERS that will allow for greater local control over assets, investment by a professional fund management team selected and monitored by the City, with future excess contributions transferred to CalPERS at the City's discretion. 2 To date, 280 agencies have adopted the Pension Rate Stabilization Program (PRSP) through PARS, and of those 280 agencies, 141 are cities.
DISCUSSION:
At the July 18, 2022 City Council meeting, Mitch Barker from PARS presented the benefits of the City of Sutter Creek in participating in a PARS 115 Trust – Pension Rate Stabilization Program. This would allow the City to prefund pension obligations and allow for investment flexibility. The program does not have any set-up costs, no minimum annual contributions amounts and plan fees are based on plan assets, which are 0.25% annually for $1 to $10 million in plan assets.
At the November 29, 2022 Finance Committee, the adoption of PARS was discussed and it was decided to bring to the City Council with the recommendation of approving the adoption of the resolution to establish the PARS Post-Employment Benefits Trust Program. Some benefits that were considered and offered by the PARS PRSP include:
• Contributions placed in an exclusive benefit trust could address the City’s Net Pension Liability
• Investment flexibility with Section 115 Trust compared to restrictions on general fund investments (Govt. Code 53216)
• Increased risk diversification of plan assets through different asset management • Investments can be tailored to the City’s unique demographics • Oversight and control of fund management selection, monitoring of performance and ability to replace fund management based on performance criteria • Increased flexibility on use of trust assets (i.e., trust assets can be accessed at anytime as long as the assets are used to fund the City’s pension obligations and defray reasonable expenses associated therewith)
• Lower investment management and administrative expenses compared to CalPERS • Potential for positive rating agency and investor consideration.
In an effort to help public agencies address and manage their GASB 68 liability, PARS has developed the PARS Post-Employment Benefits Trust Program. PARS has assembled leading professionals to provide the City with the necessary services required under one program to prefund pension and retiree health care liabilities through an IRS reviewed program. The program has been established as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs. To properly offset liabilities, funds must be set aside in an exclusive benefit, irrevocable trust that cannot be accessed by creditors in order to be accounted for as assets to fund the liability on the City’s financial statements. The trust permits the City, under federal and state law, to invest in a more diversified array of investments to maximize investment returns long term and reduce the City’s liability.
PARS has partnered with US Bank to serve as trustee and its sub-adviser HighMark Capital Management, Inc., to provide investment management services for the program. 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 Mitch Barker will be attending the City Council meeting to answer any additional questions that arise.
BUDGET IMPACT:
The City Council previously set aside funds for future pension obligations, called “Pension Reserve”. While participating in the PARS 115 rate stabilization program will not have an effect on the budget, staff anticipates that should the Council adopt this program, the Pension Reserve of roughly $117,000 would be put into this program.
RESOLUTION 22-23-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST-EMPLOYMENT
BENEFITS TRUST
ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, PARS has made available the PARS Public Agencies Post-Employment Benefits Trust (the “Program”) for the purpose of pre-funding pension obligations and/or OPEB obligations; and WHEREAS, the City of Sutter Creek (“City”) is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City’s adoption and operation of the Program has no effect on any current or former employee’s entitlement to post-employment benefits; and WHEREAS, the terms and conditions of post-employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City’s funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program.
NOW THEREFORE, BE IT RESOLVED THAT:
1. The City Council hereby adopts the PARS Public Agencies Post-Employment Benefits Trust, effective January 3, 2023; and
2. The City Council hereby appoints the City Manager, or his/her successor as the City’s Plan Administrator for the Program; and
3. The City’s Plan Administrator is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 3rd day of January 2023 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)267-0639 • 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 29, 2022
FROM: MATT OSPITAL, CITY ENGINEER
SUBJECT: CAPITAL IMPROVEMENT PLAN
RECOMMENDATION:
For information and staff direction.
BACKGROUND:
A CIP is a planning document that identifies capital improvement projects that a local government or public agency intends to construct or improve over a certain time horizon. A CIP typically provides key information for each project, including a project description, anticipated costs, identified future funding, and a delivery schedule.
DISCUSSION:
The first step of the CIP was to identify capital improvement projects. Staff is looking for recommendations on any additional projects to be included.
The draft CIP has been broken into the following four project categories:
1) Roadway & Bridge – projects consist of rehabilitating existing streets to extend their useful life.
2) Sidewalks – projects consist of replacing portions of damaged sidewalks and updating for compliance with ADA.
3) Drainage – projects consist of correcting drainage issues. 4) Miscellaneous – projects consist of miscellaneous improvements throughout the city.
The second step will be to work with the finance department to identify funding sources over time, as well as come back to the council to identify project priorities. 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 Specific project locations can be found in Attachment A and a summary of project costs can be found in Appendix B.
BUDGET IMPACT:
At this time none.
#1020
Staff Report-Adopt CIP - 2022-12-29.docx
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No.:5(9'$7( %< REVISIONS'(6C5,37,21 CALIFORNIA No. 76594 REGISTERED PROFES IONAL ENGINEER
STATE OF CAL IFORNIA
C I V I L
MATTHEW STEPHEN OSP I TAL 394 E. SAINT CHARLES ST. | PO BOX 251 | SAN ANDREAS, CA 95249 (209 ) 754-1824
CAPITAL IMPROVEMENTS
SUTTER CREEK
OVERALL SITE
AMADOR COUNTY 1020 12/29/2022 DMV MSO
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TOTAL COST
ROADWAY & BRIDGE REPAIR $11,748,257.50
CONCRETE SIDEWALK REPLACEMENT $1,966,347.00
DRAINAGE IMPROVEMENTS $864,000.00
MISCELLANEOUS PROJECTS $4,295,590.00
GRAND TOTAL $18,874,194.50
CITY OF SUTTER CREEK
CIP - SUMMARY OF COSTS
12/30/2022
PROJECT LOCATION
TOTAL PROJECT
COST
DATE
COMPLETED
BADGER STREET BRIDGE REPLACEMENT ($3,018,654.00) 2/5/2018 MAIN STREET BRIDGE REPLACEMENT ($4,296,025.00) 3/17/2020 EUREKA STREET ROAD REPAIR ($146,556.00) 12/22/2020
MARRE STREET $173,812.50
GOLD DUST TRAIL $140,812.50
GREENSTONE TERRACE $212,550.00
ORO MADRE ROADWAY $320,250.00
HANFORD STREET SAFE ROUTES TO SCHOOL $2,067,412.50
SOUTH MAIN STREET - CHURCH ST. TO SUTTER HILL RD. $374,250.00 HANFORD STREET - GOPHER FLAT TO S.C. TRADING POST $359,250.00 SPANISH STREET - MAIN ST. TO N. AMELIA ST. $595,125.00
PATRICIA LANE $282,000.00
JUDY DRIVE $213,750.00
SUTTER HILL ROAD $703,125.00
EUREKA ROAD $449,775.00
OLD RIDGE ROAD $301,125.00
CHURCH STREET $309,750.00
BADGER STREET $389,250.00
GOPHER FLAT ROAD - MAIN ST. TO COLE ST. $808,875.00
GOPHER FLAT ROAD - COLE ST. TO 248 GOPHER FLAT $2,764,675.00 GOPHER FLAT ROAD - 248 GOPHER FLAT TO GOLDEN HILLS DRIVE $1,282,470.00 GRAND TOTAL $11,748,257.50
NOTE: BRIDGE REPLACEMENT COSTS AND EUREKA STREET ROAD REPAIR NOT INCLUDED IN GRAND TOTAL
CITY OF SUTTER CREEK
CIP - ROADWAY & BRIDGE REPAIR COSTS
12/30/2022
PROJECT LOCATION
TOTAL PROJECT
COST
DATE
COMPLETED
MAIN ST. - EAST SIDE BETWEEN GOPHER FLAT RD. AND RANDOLPH ST. $195,300.00 MAIN ST. - EAST SIDE BETWEEN RANDOLPH ST. AND EUREKA ST. $295,500.00 MAIN ST. - WEST SIDE BETWEEN CHURCH STREET TO NICKERSON $150,075.00 MAIN ST. - WEST SIDE BETWEEN FIEFIELD ALLEY AND KEYES $165,312.00 MAIN ST. - WEST SIDE BETWEEN SUTTER CREEK INN & HAYDEN ALLEY $187,860.00 MAIN ST TO SUTTER HILL ROAD $972,300.00
GRAND TOTAL $1,966,347.00
CITY OF SUTTER CREEK
CIP - CONCRETE SIDEWALK REPLACEMENT
COSTS 12/30/2022
PROJECT LOCATION
TOTAL PROJECT
COST
DATE
COMPLETED
DRAINAGE STUDY AT BRYSON PARK/MOBILE HOME PARK $45,000.00 DRAINAGE IMPROVEMENTS AT INTX. BADGER ST. / SPANISH ST. $819,000.00 GRAND TOTAL $864,000.00
CITY OF SUTTER CREEK
CIP - DRAINAGE IMPROVEMENT COSTS
12/30/2022
PROJECT LOCATION
TOTAL PROJECT
COST DATE COMPLETED
BOITANO PARKING LOT - RESTROOM $321,750.00
SOLAR FOR 18 MAIN STREET - ROOF OPTION $371,345.00
SOLAR FOR 18 MAIN STREET - CARPORT OPTION $445,730.00
SOLAR FOR 33 CHURCH STREET - ROOF OPTION $98,165.00
MAIN STREET - STREET LIGHT UPGRADE $187,500.00
GATEWAY IMPROVEMENTS $820,000.00
JOHNSON PROPERTY TRAIL $474,000.00
CENTRAL EUREKA MINE $627,500.00
ADDITIONAL PARKING LOT $949,600.00
GRAND TOTAL $4,295,590.00
CITY OF SUTTER CREEK
CIP - MISCELLANEOUS PROJECTS COSTS
12/30/2022
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: JANUARY 3,2023
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: CITY ATTORNEY UPDATES ON RECENT LEGISLATION
For my City Attorney Report, this memorandum briefly describes some recent legislation that may be of interest to the City Council. I will be happy to provide further information or answer any questions Councilmembers may have about these new laws when I give my report.
Brown Act
I have previously provided an updated regarding AB 2489, which authorizes the use of audiovisual platforms for councilmember and public access during city council meetings.
One other notable bill enacted in the last legislative session is SB 1100. This bill amends the Brown Act to better define the circumstances in which a member of the public can be removed from a public meeting. Members of the public may now be removed for “engaging in behavior ... that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.” This behavior must involve a failure to conform to “reasonable and lawful” council regulations or the use of force or a threatened use of force. Before an individual may be removed, he or she must receive a warning advising that his or her behavior is disrupting the meeting and that the continued behavior may result in removal.
Ethics
SB 1439 is one of the most significant amendments to California’s public-ethics laws in many years. Local elected officials are now prohibited from taking part in any licensing, permitting, or other use entitlement proceeding involving a party or participant who contributed more than $250 to the official within the 12 months before a proceeding. If these circumstances exist, an official is required to recuse himself or herself from participating in or making any decision. Very recently, the FPPC determined this new law would not apply to any donations or contributions made before the end of this year. Thus, the $250 threshold would take effect beginning on January 1, 2023.
Item 13A