CITY COUNCIL A G E N D A
MONDAY, JULY 17, 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
Unless stated otherwise on the agenda, every item on the agenda is exempt from review under the California Environmental Quality Act (“CEQA”) per CEQA Guidelines Sections 15060(c), 15061(b)(3), 15273, 15378, 15301, 15323 and/or Public Resources Code Section 21065. 6:30 P.M. 1. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
(Two potential cases)
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 1 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. *
APPROVAL OF MINUTES
A. City Council Minutes of June 5, 2023, and June 20, 2023.
Recommendation: By motion approve minutes as presented.
7. CONSENT AGENDA
Items listed on the consent agenda are considered routine and shall be enacted in one motion.
Any item may be removed for discussion at the request of Council or the Public.
A. Co-sponsor Community Meeting with Mother Lode Land Trust B. Adopt Resolution 23-24-* accepting the work on the Eureka Road Storm Drain Replacement and authorizing the Interim City Manager to execute the Notice of Completion and cause it to be filed with the Amador County Recorder.
C. Adopt Resolution 23-24-* Appointing Athena Padilla-Gordon to the Planning Commission
8. ORDINANCES & PUBLIC HEARING- None
9. ADMINISTRATIVE AGENDA
A. Amador Water Agency presentation by Larry McKenney, General Manager B. Greenstone Terrace parking update
C. Adopt Resolution 23-24-* Authorizing the Execution of an Easement Across the CityOwned Property Located at 80 Eureka Street (APN 018-180-031-000) for Ingress and Egress in Favor of the Owners of the Property Located at 101 Eureka Street (APN 018-190-002-000).
D. Adopt Resolution 23-24-* Authorizing the Mayor to Execute an Amendment to the Employment Agreement for Interim City Manager Services.
E. Amador Arts Council lease for Historic Grammar School F. Update on WWTP Replacement grant and USDA bond - informational
10. 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.
11. 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.
12. 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
13. 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.
2 14. INFORMATION/CORRESPONDENCE
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building Report
D. Treasurer’s Report
E. Monthly Administrative Services Report
F. Monthly Finance Department Report
G. Warrants- July 3 & 17, 2023
H. Monthly Engineer’s Report -None
I. Monthly Planning Report
J. Public Communications
15. ADJOURNMENT
The next regularly scheduled meeting is MONDAY, AUGUST 7 th at 7:00 P.M
3 CITY COUNCIL MINUTES
MONDAY, JUNE 5, 2023
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, THE PUBLIC WAS ABLE TO VIEW FROM HOME:
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Meeting ID: 956 852 0224
7:12 P.M. 1. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING Council members present:
Feist, Sierk (via Zoom), Swift and Gunselman
Vicky Runquist, City Treasurer
Staff Present:
Sandra Spelliscy, Interim City Manager
Derek Cole, City Attorney (via Zoom)
Karen Darrow, City Clerk
Councilmember Sierk advised the City Council she is appearing remotely under the “just cause” exception in the Brown Act (Government Code section 54953(f)(2)(A)) allowing remote appearances.
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. PUBLIC FORUM - None
4. APPROVAL OF MINUTES
A. City Council Minutes of May 15, 2023.
Recommendation: By motion approve minutes as presented.
M/S Council member Sierk/Feist to Approve the Consent agenda, as presented.
AYES: Feist, Sierk and Gunselman
NOES: None
ABSTAIN: Swift
ABSENT: None
MOTION CARRIED
4 5. 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. Cramer Hill, LLC Parcel Map No.2861
Recommendation: Adopt Resolution 22-23-* approving the Final Parcel Map 2861 M/S Council member Swift/Feist to accept the Consent Agenda, as presented.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
A roll call vote was taken by the clerk.
MOTION CARRIED
6. ORDINANCES & PUBLIC HEARING - None
7. ADMINISTRATIVE AGENDA
A. ACES Franchise Agreement
Recommendation: Approve updated agreement
M/S Council member Feist/Swift to Approve the updated agreement, as presented.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
A roll call vote was taken by the clerk.
MOTION CARRIED
B. Mayoral Appointment to the ARSA Board
Recommendation: Approve appointment changes
M/S Council member Sierk/Feist to nominate Mayor Gunselman as a Council representative on the ARSA Board.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
A roll call vote was taken by the clerk.
MOTION CARRIED
C. Amendment to the Sutter Creek/ARSA operating agreement Recommendation: Approve revised agreement.
M/S Council member Sierk/Feist to Approve the Amendment to the Sutter Creek/ARSA operating agreement.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
5 ABSENT: None
A roll call vote was taken by the clerk.
MOTION CARRIED
D. Reconsideration of Council stipend action
Recommendation: Approve request for reconsideration and discuss possible new action.
M/S Council member Swift/Sierk to reconsider the vote on the use of the council stipends.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
A roll call vote was taken by the clerk.
MOTION CARRIED
Council member Swift suggested using the stipends towards the expense of applying for road maintenance grants.
Interim City Manager Spelliscy explained that there are not many grants for maintenance but there are grants for projects and the stipends might be used for matching funds.
M/S Council member Swift/Sierk to set aside $22,000 stipend money in a streets and roads CIP reserve fund to be used for grant development or matching funds.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
A roll call vote was taken by the clerk.
MOTION CARRIED
E. Update to Carollo Agreement
Recommendation: For information.
Interim City Manager Spelliscy reported that after the federal Infrastructure Act was passed, the city became eligible for up to $51 million dollars in grant funding through the State Revolving Fund program for a wastewater treatment plant replacement. Staff needs to apply for a request for an extension and a change in scope of work in order to finish the current planning grant project. It will then be able to apply for a construction grant.
8. MAYOR AND COUNCIL MEMBER REPORTS – None.
6 9. CITY MANAGER’S REPORT
Interim City Manager Spelliscy reported that Account Supervisor Jodi Steneck submitted her resignation and will be leaving her position in two weeks.
She noted that that she is looking for funding through the Urban Stream Restoration Program for removal of the flushing dam and that staff is still looking at what to do about the tables and chairs in front of City Hall.
10. CITY ATTORNEY’S REPORT – None.
11. FUTURE AGENDA ITEMS
Council member Feist:
-requested that the Farmers Market return to the original fee schedule and asked for a refund of their appeal fee. She also asked if the staff parking spots only be enforced on weekdays.
Council member Sierk:
-speed sign locations
12. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9:
(One potential case)
The Council went into closed session at 8:35 p.m.
13. REPORT FROM CLOSED SESSION
Mayor Gunselman noted that there was no reportable action taken.
14. ADJOURNMENT
The meeting was adjourned at 9:30 p.m.
_________________________________
Claire Gunselman, Mayor
___________________________________
Karen Darrow, City Clerk
Date Approved:
7 CITY COUNCIL MINUTES
MONDAY, JUNE 20, 2023
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, SUTTER CREEK2 THE PUBLIC WAS ABLE TO VIEW FROM HOME:
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Meeting ID: 956 852 0224
1. CLOSED SESSION
A. EMPLOYMENT AGREEMENT
Pursuant to Government Section (§ 54957(b))
Title: City Manager
B. EXISTING LITIGATION
Pursuant to Gov. Code sections 54956.9(d)(1)
Van Der Veen v. City of Sutter Creek
Amador Sup. Ct. Case No. 23-CV-13156
7:15 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING The City Clerk conducted a roll call.
Council members present:
Feist, Sierk, Swift and Gunselman
Staff Present:
Sandra Spelliscy, Interim City Manager
Derek Cole, City Attorney
Karen Darrow, City Clerk (remote)
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION
Item 1A: Mayor Gunselman reported that Interim City Manager Sandra Spelliscy’s contract will be extended until September 15, 2023.
8 Item 1B – Mayor Gunselman noted that no reportable action was taken.
5. PUBLIC FORUM
Dennis Anderson of Sutter Creek asked if the Council could provide some help or insight into the water moratorium that Amador Water Agency has put in place, noting that he was issued a building permit by the City, but he cannot get AWA to provide water.
Mayor Gunselman noted that staff will look into it.
Interim City manager Spelliscy noted that the water agency is working on improvements to the Tanner treatment plant and is also reviewing the status of outstanding will serve letters. She suggested Mr. Anderson look into the will serve letter for the subdivision where his lot is located.
Ellie Routt on behalf of the ACTC Bike/Ped Advisory Committee noted that they are done with the planning and research phase of a proposed countywide bike/ped transporation plan and the next step is to host a community meeting on August 23rd at 6pm. She requested a fee waiver for use of the Community Building.
Mayor Gunselman noted that if the Community Building is not available then the Grammar School could be used.
Interim City Manager Spelliscy suggested that the City could be a co-sponsor and then a fee waiver would not be necessary and noted that she will add the issue to the next Council agenda.
6. APPROVAL OF MINUTES
A. City Council Minutes of June 5, 2023.
Mayor Gunselman pulled the minutes, noting that a section was missing.
7. CONSENT AGENDA - None
8. ORDINANCES & PUBLIC HEARING
A. Delinquent Sewer Payments
Recommendation:
1. Open the Public Hearing and receive public input.
2. Direct the City Clerk to record delinquencies with the County Recorder’s Office for collection on the property tax roll.
Mayor Gunselman opened the Public Hearing at 7:13 p.m. there was no comment, and the Public Hearing was closed.
M/S Council member Sierk/Swift to Direct the City Clerk to record delinquencies with the County Recorder’s Office for collection on the property tax roll.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
9 B. FY 2023-2024 Operating Budget
1. Conduct a public hearing to hear comments regarding the FY 23-24 Draft Operating Budget.
2. Adopt Resolution 22-23-* approving the 2023-2024 Annual Operating Budget.
3. Adopt Resolution 22-23-* relating to the Gann limitation.
Mayor Gunselman opened the Public Hearing at 7:17 p.m. there was no comment, and the Public Hearing was closed.
M/S Council member Sierk/Swift to Adopt Resolution 22-23-42 approving the 2023-2024 Annual Operating Budget, as amended.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
1 st Amendment: M/S Council member Swift/Gunselman to remove the $455,000 transfer in paying off the USDA Bond and directed staff to bring back more information.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
2 nd Amendment: M/S Council member Swift/Sierk to add $1,200 to the social media marketing line item.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
3 rd Amendment: M/S Council member Gunselman/Feist to add $1,000 to community promotions/development line item.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
M/S Council member Swift/Sierk to Adopt Resolution 22-23-43 relating to the Gann limitation.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
10 ABSENT: None
MOTION CARRIED
9. ADMINISTRATIVE AGENDA
A. Interviews and appointment to fill Council vacancy.
Recommendation: Appoint new Council member
City Attorney Cole outlined the interview and appointment process and explained the ranked choice voting system.
City Attorney announced the candidates in random order.
Lauren Hartwick
Robert Trudgen
Dan Riordan
The Council interviewed each candidate.
Two members of the public spoke in support of Robert Trudgen.
The Council submitted their rankings to City Attorney Cole, and he reported that Dan Riordan and Robert Trudgen received the highest rankings.
M/S Council member Claire/Sierk to appoint Dan Riordan to the vacant Council seat.
AYES: Feist, Sierk and Gunselman
NOES: Swift
ABSTAIN: None
ABSENT: None
MOTION CARRIED
The Council thanked all the candidates noting that they would all have been an asset to the Council and encouraged them to continue to stay involved.
Interim City Manager Spelliscy administered the Oath of Office to newly appointed Council member Dan Riordan and he took his seat.
B. Approval of SEIU Collective Bargaining agreement
Recommendation: Adopt resolution 22-23-* approving employee CBA M/S Council member Swift/Sierk to Adopt resolution 22-23-44 approving employee CBA, as presented.
AYES: Feist, Sierk, Swift and Gunselman
NOES: None
ABSTAIN: None
ABSENT: None
MOTION CARRIED
10. MAYOR AND COUNCIL MEMBER REPORTS- None.
11 11. CITY MANAGER’S REPORT
Interim City Manager Spelliscy reported that the open Finance position has been filled by Mason Peters who will start on July 5
th, and she noted that the Public Works Director position has yet to be filled.
Interim City Manager Spelliscy noted that she had reached out to Hotel Sutter about their outdoor dining permit, and they informed her that their management personnel changed, and she expects to hear from the new contact person soon. She also noted that she received a complaint about a fence and will be looking into it.
12. CITY ATTORNEY’S REPORT- None.
13. FUTURE AGENDA ITEMS
Council member Feist noted that AWA’s water availability is concerning.
14. INFORMATION/CORRESPONDENCE
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Building Report
D. Treasurer’s Report
E. Monthly Administrative Services Report
F. Monthly Finance Department Report
G. Warrants- June 5 & 20, 2023
H. Monthly Engineer’s Report
I. Monthly Planning Report
J. Public Communications- None
So noted.
15. ADJOURNMENT
There is no meeting on July 3rd. The next Council meeting will be July 17th.
The meeting was adjourned at 8:03 p.m.
______________________
Claire Gunselman, Mayor
___________________________________
Karen Darrow, City Clerk
Date Approved:
12 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: MAYOR AND MEMBERS OF THE CITY COUNCIL
MEETING DATE: JULY 17, 2023
FROM: SANDRA SPELLISCY, INTERIM CITY MANAGER
SUBJECT: CO-SPONSOR BIKE/PED PLAN COMMUNITY MEETING
RECOMMENDATION:
Approve city co-sponsorship of community meeting regarding proposed countywide Bike/Ped Plan.
BACKGROUND:
The Amador Bike/Ped Advisory Committee has been working on developing a countywide bicycle and pedestrian transportation plan. The plan is now at the stage where the committee would now like to share its concepts with community members to inform the public and receive comments on the plan. The Committee has requested that the city co-sponsor a community meeting for this purpose. The meeting would be held on August 23 at 6:00 p.m. in the Sutter Creek Community Building.
DISCUSSION:
The Council previously indicated its support for this project and the city’s willingness to help bring the plan to fruition.
BUDGET IMPACT: None
ATTACHMENTS: None
13 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: JULY 17, 2023
FROM: MATT OSPITAL, CITY ENGINEER
SUBJECT: EUREKA ROAD STORM DRAIN REPLACEMENT
RECOMMENDATION:
Adopt Resolution 23-24-* accepting the work on the Eureka Road Storm Drain Replacement and authorizing the Interim City Manager to execute the Notice of Completion and cause it to be filed with the Amador County Recorder.
BACKGROUND:
The contractor, Wunschel & Sons, Inc., completed the work on the City of Sutter Creek Eureka Road Storm Drain Replacement on June 20, 2023, in accordance with the Plans and Specifications approved by the City Council of the City of Sutter Creek. Final construction costs were $86,452.47.
DISCUSSION:
All contract items of work for the Eureka Road Storm Drain Replacement have been completed in substantial compliance with the plans, specifications, codes, and standards of the City. All work was determined substantially complete on June 20, 2023.
Final project costs are as follows:
Original Contract Amount $ 70,383.00
Final Contract Change Order $ 16,069.47
Final Contract Amount $ 86,452.47
14 CITY OF SUTTER CREEK
OFFICE OF THE CITY ENGINEER
_______________________________
When recorded, mail to:
City Manager
City of Sutter Creek
18 Main Street
Sutter Creek, CA 95685
NOTICE OF COMPLETION
CITY OF SUTTER CREEK
NOTICE IS HEREBY GIVEN of the completion of a Work of Improvement as follows:
Date of Completion: June 20, 2023.
Name and Address of the Owner: City of Sutter Creek, 18 Main Street, Sutter Creek, CA 95685.
Nature of the Interest or Estate of the Owner: Owner in fee simple.
Description of the Site: Eureka Road, Sutter Creek, CA 95685 Name and Address of the Contractor for the above Work of Improvement: Wunschel & Sons, Inc., 3071 Newtown Road, Placerville, CA 95667.
General Statement of Kind of Work Done or Materials Furnished: Replace storm drain at Eureka Road.
CITY OF SUTTER CREEK – OWNER
By___________________________________
Sandra Spelliscy, Interim City Manager
SANDRA SPELLISCY declares:
I am the Interim City Manager of the City of Sutter Creek, the municipal corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that I make this verification on behalf of said municipal corporation; that I have read this Notice of Completion and know the contents thereof, and that the facts stated therein are true.
I declare under penalty of perjury that the foregoing is true and correct. Dated at Sutter Creek, California this ____ day of _______________________.
______________________________________________
SANDRA SPELLISCY, INTERIM CITY MANAGER
15 RESOLUTION 23-24-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
ACCEPTING THE COMPLETION OF PUBLIC IMPROVEMENTS FOR THE
EUREKA ROAD STORM DRAIN REPLACEMENT, AND FILING A NOTICE OF
COMPLETION AND AUTHORIZING RECORDATION THEREFORE
WHEREAS, the contractor of work, Wunschel & Sons, Inc. completed all work according to the plans and specifications on June 20, 2023; and
WHEREAS, the improvements consisted of replacing a storm drain at Eureka Road.
WHEREAS, the improvements have been completed to the satisfaction of the City Engineering Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek does hereby accept the completed public improvements and authorizes the City Engineer to file a Notice of Completion with the Amador County Recorder.
The foregoing resolution was duly passed and adopted by the City Council of the City of Sutter Creek at a regular meeting on the 17th day of July 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF SUTTER CREEK
________________________________
Claire Gunselman, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
16 ORDER NO. FINAL
DATE: June 7, 2023
STATE: CALIFORNIA
Contract for: EUREKA ROAD STORM DRAIN REPLACEMENT COUNTY: AMADOR Owner: CITY OF SUTTER CREEK
To: WUNSCHEL & SONS, INC. (Contractor)
You are hereby requested to comply with the following changes from the contract plans and specifications:
1 Bid Item #2 - Traffic Control - Decrease at 1 LS at $1,000.00/LS $1,000.00 2 Bid Item #4 - 30" Diameter HDPE Storm Drain - Decrease 5 L.F. at $354.67/L.F. $1,773.35 3 Bid Item #5 - Class 4 Backfill - Increase 4.5 C.Y. at $250.00/C.Y. $1,125.00 4 Bid Item #7 - Concrete Flared End Section - Decrease 1 EA at $3,634.00/EA $3,634.00 5 Bid Item #8 - Rock Slope Protection - Increase 292 S.F. at $17.97/S.F. $5,247.24 6 Bid Item #9 - Regrade Existing Drainage Ditch - Decrease 149 L.F. at $10.30/L.F. $1,534.70 7 Bid Item #10 - Shoulder Backing - Decrease 30 L.F. at $121.44/L.F. $3,643.20 8 Bid Item #11 - Asphalt Concrete - Increase 3.28 Tons at $391.00/Ton $1,282.48 9 Concrete Headwall at Outfall - Increase 1 LS at $20,000.00/LS $20,000.00 Subtotal $11,585.25 $27,654.72
NET CHANGE IN CONTRACT PRICE $16,069.47
JUSTIFICATION:
Item #1 - A sinkhole opened up on Eureka Road during the afternoon of Thursday, 5/4/2023. The City issued a Notice to Proceed to the Contractor to begin work on Monday, 5/8/2023. The project specifications required installing a Portable Changeable Message Sign (PCMS) on Ridge Road, 1 week in advance of construction and through the duration of the project. Since the PCMS Board was not able to be installed 1 week in advance, the City and Contractor agreed to eliminate installing it and reduce the traffic control price $1,000.
Item #2 - Final payment quantity decreased by 5 LF.
Item #3 - Final payment quantity increased by 4.5 CY.
Items #4, 5, 7 & 9 - After the storms on 12/31/2022, the City took photos from the downstream end of the culvert looking upstream and found debris blockage in the culvert. The downstream culvert end was composed of corrugated metal pipe and the upstream culvert end was composed of steel pipe. The City presumed that the blockage and sinking in the roadway occured where the dissimilar pipe materials came together. The sinkhole on 5/4/2023 revealed that the pipes did not join together and in between both pipes was 12-15 L.F. of stacked rocklined box culvert that was on a curve. The City and Contractor discussed getting a fitting for the pipe to account for this curve, however no fittings were available. The decision was made by the City and Contractor to install the pipe within the same trench area and modify the outlet. This required eliminating the pre-fabricated concrete flared end section, installing a cast in place concrete headwall at the outfall (similar to the concrete headwall at the inlet), placing more rock slope protection and eliminating the shoulder backing on the roadway. The City & Contractor agreed upon a lump sum contract price of $20,000 for the cast in place concrete outfall structure.
Item #6 - Final payment quantity decreased by 149 LF.
Item #8 - Final payment quantity increased by 3.28 Tons.
CITY OF SUTTER CREEK
CONTRACT CHANGE ORDER
INCREASE
in Contract Price
DECREASE
in Contract Price
Desciption
Item
1 17
18 RESOLUTION 23-24-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
APPOINTING ATHENA PADILLA-GORDON 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 members shall serve concurrently with Council members; and NOW, THEREFORE, BE IT RESOLVED, the City Council hereby appoints Athena Padilla-Gordon as member of the City’s Planning Commission on behalf of Council member Dan Riordan.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 17th day of July 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF SUTTER CREEK
________________________________
Claire Gunselman, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
19 STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
MEETING DATE: JULY 17, 2023
FROM: KAREN DARROW, ADMINISTRATIVE SERVICES SUPERVISOR
SUBJECT: GREENSTONE TERRACE – NO PARKING ZONE
RECOMMENDATION:
Update and request for staff direction.
BACKGROUND:
At the April 4, 2022 Council meeting staff presented the Council with a no parking plan for Greenstone Terrace to address some of the parking issues in that area. (Attachment A) As a result of that discussion the Council directed staff to move forward to stripe and sign for no parking that portion of the Greenstone Terrace right of way that has been accepted into the City system with prior notice to the neighboring properties owners. The Council directed staff not to pursue additional parallel parking spaces along Greenstone terrace near the Church Street intersection.
A Public Hearing was noticed for the May 2, 2022 meeting, and after hearing public testimony, the Council directed staff to review the no parking plan with a committee that included the Greenstone Terrace citizens and bring back a revised recommendation.
The Community meeting was held on June 6, 2022, the comments from the community meeting are attached. (Attachment B). This item was never followed up on and staff is now requesting direction from Council. It is staff’s view that the major parking issue is on the lower portion of street nearest Provis Park, and only during times when the Park is used for sporting events, or when there are large events in town. Staff does not believe it is necessary to address parking issues in the residential area on Greenstone Terrace above Frakes Street.
BUDGET IMPACT:
To be determined.
20 STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY
COUNCIL
MEETING DATE: APRIL 4, 2022
FROM: MATT OSPITAL, CITY ENGINEER
SUBJECT: GREENSTONE TERRACE – NO PARKING ZONE
RECOMMENDATION:
Direct staff on how to proceed with Greenstone Terrace parking.
BACKGROUND:
Research has been completed to determine the limits of City right of way on Greenstone Terrace (see attached Exhibit A). The City right of way limits end at approximately 500 feet from Church Street. During the spring and summer when there are events at the park, road access and turning movements can be problematic.
DISCUSSION:
At this time the following two items are recommended:
1. Recommendations for Signage
Staff recommends installing new signage to mark the limits of no parking. Signage shall be placed at regular and consistent intervals and heights to ensure parking signs are visible to all motorists.
2. Recommendations for Striping
Staff recommends painting the edge of pavement (since there is no curb) red. Per Sutter Creek Municipal Code 11.24.030 - Red curb—"No parking" area, states red means no stopping, standing or parking at any time except as permitted by the Vehicle Code. (Ord. 278 §6(D), 1995).
Staff also looked into how many parking spaces could be added to Greenstone Terrace near the intersection with Church Street. With some grading and paving work, five new parallel parking spaces could be added (see attached Exhibit B). The estimated cost for this work is $45,000.
BUDGET IMPACT:
To be determined.
21 22
X X X X
X X
CHURCH STREET
GREENSTONE TERRACE WOLCOTT APN: 018-190-027 SUMMIT CENTER PROPERTIES LLC APN: 018-190-026 LATHAM APN: 018-190-015 ONET APN: 018-190-030LOPEZ- DELGADILLO APN: 018-190-006 8" PVC
12" PVC
12" PVC 5 - 22'X9' TOP OF CMP
8" CONC. PARKING STALLS PRELIMINARY NOT FOR CONSTRUCTION EX1 SITE PLAN 0 10 20 SHT. 1
REV. No. CHECKED BY: DRAWN BY: SCALE: DATE: PRJ. No.:REV. DATE BY REVISIONSDESCRIPTION CALIFORNIA No. 76594 REGISTERED PROFES IONAL ENGINEER
STATE OF CAL IFORNIA
C I V I L
MATTHEW STEPHEN OSP I TAL 394 E. SAINT CHARLES ST. | PO BOX 251 | SAN ANDREAS, CA 95249 (209 ) 754-1824
GREENSTONE TERRACE EXHIBIT
SUTTER CREEK, CA
AMADOR COUNTY 1020 06/18/2021 KJS MSO
1 2
3 4
5 6 of SHT. 1 AS SHOWN LEGEND: (E) PROPERTY LINE (E) EDGE OF PAVEMENT (E) STORM DRAIN (E) SWALE (E) FOG LINE (E) STORM DRAIN MANHOLE (E) AC PAVEMENT (P) AC PAVEMENT SYMBOL: DESCRIPTION:
23 -15
-10
-5
0 5
10 -15
-10
-5
0 5
10 0+00 0+50
24.8'
-1.3%
14.4'
15.8' 9.0'
ROW
(P) ROAD (P) PARKING
(E) ROAD
SECTION A-A
TYPE "F" 4" HMA DIKE
3" ASPHALT CONCRETE
9" COMPACTED
AGGREGATE BASE
HORZ. SCALE: 1" = 10'
VERT. SCALE: 1" = 5'
24 25
26 27
28 29
30 4881-1592-9456.1 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: JULY 17, 2023
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: ADOPTION OF RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUTTER CREEK AUTHORIZING THE EXECUTION OF AN
EASEMENT ACROSS THE CITY-OWNED PROPERTY LOCATED AT
80 EUREKA STREET (APN 018-180-031-000) FOR INGRESS AND
EGRESS IN FAVOR OF THE OWNERS OF THE PROPERTY
LOCATED AT 101 EUREKA STREET (APN 018-190-002-000)
Recommendation
Adopt Resolution 23-24-* Authorizing the Execution of an Easement Across the City-Owned Property Located at 80 Eureka Street (APN 018-180-031-000) for Ingress and Egress in Favor of the Owners of the Property Located at 101 Eureka Street (APN 018-190-002-000).
Background and Analysis
Byron Damiani, Jr. and Laura Hardcastle are the owners of 101 Eureka Street. This property, which is adjacent to the City-Owned Knight Foundry Property, had at one time been the site of a home and an artist studio. The current owners have previously advised City staff they may use the property for some type of outdoor venue.
There is evidence that a small portion of the Foundry property was historically crossed at some times for access into and out of the 101 Eureka Street property. But when the Property Owners’ request for an easement was first brought to my attention, I determined—based on the available records I could review—the Owners’ predecessors never established any easement under any implied, prescriptive, or equitable theory the City would be required to recognize. In my review, it appeared that any access was sporadic, limited to times well in the past, and was likely allowed with the permission of the former Knight Foundry owners.
The City, however, may voluntarily grant the owners an express easement to formalize the access point into and out of their property. The owners have taken the laboring oar in preparing an easement and legal description that would grant them an express easement for the access they request. I have reviewed their proposed easement and supporting documents and believe they are proper as to legal form.
Item 9C
31 4881-1592-9456.1 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 Fiscal Impact
There is no general fiscal impact with the granting and long-term usage of the proposed easement.
The resolution authorizing the execution of the resolution would, however, require the easement recipients to reimburse the City for all administrative, engineering, legal, and other costs associated with the consideration and review of the proposed easement as a condition for its execution. 32 RESOLUTION 23-24-*
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING THE EXECUTION OF AN EASEMENT ACROSS THE CITY-OWNED PROPERTY LOCATED AT 80 EUREKA STREET (APN 018-180-031-000) FOR
INGRESS AND EGRESS IN FAVOR OF THE OWNERS OF THE PROPERTY LOCATED AT 101 EUREKA STREET (APN 018-190-002-000)
WHEREAS, the City of Sutter Creek (“City”) is the owner of the property located at 80 Eureka Street (Assessor Parcel No. 018-180-031-000), which is the site of the Historic Knight Foundry (“City Property”); and
WHEREAS, Byron Damiani, Jr. and Laura Hardcastle (“Grantees”) are the owners of 110 Eureka Street (APN 018-190-002-000); and
WHEREAS, the Grantees have requested an easement over a small portion of the City Property to allow for ingress and egress into their property; and WHEREAS, the City is willing to grant the requested easement in the form attached to this Resolution; consideration for such easement shall be the cost of the legal, engineering and other expenses, such as surveying and recording, that may be incurred by the City to effectuate the creation of the easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek hereby authorizes the Interim City Administrator to execute the Easement Agreement for Grant of Ingress and Egress, as attached as Exhibit A to this Resolution, which agreement, following full execution, shall be recorded in the Official Records of the County of Amador.
BE IT FURTHER RESOLVED that the foregoing easement may not be executed unless and until the Grantees have, in the determination of the City Manager, reimbursed the City for all its reasonable legal, engineering, and other expenses associated with the review and grant of the easement.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 17th day of July, 2023 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
____________________________________
Claire Gunselman Mayor
______________________________________
Karen Darrow, City Clerk
33 RECORDING REQUESTED BY
Byron Damiani Jr. and Laura Hardcastle
AND WHEN RECORDED MAIL TO:
Byron Damiani Jr and Laura Hardcastle
P.O. Box 1574
Sutter Creek, CA 95685
Space above this line for Recorder’s use
---------------------------------------------------------------------------------------------------------------------------- A.P.N. 018-180-031-000
EASEMENT AGREEMENT
FOR GRANT OF INGRESS AND EGRESS
THIS AGREEMENT is made on _______________, by and between the City of Sutter Creek, (hereinafter “Grantor”) and Byron Damiani Jr and Laura Hardcastle (hereinafter collectively “Grantees”).
RECITALS:
1. The Grantor is the owner of certain real property commonly known as 80 Eureka Street, and more particularly described as A.P.N. 018-180-031-000, the Servient Estate.
2. The Grantees are owners of certain real property commonly known as 110 Eureka Street, and more particularly described as A.P.N. 018-190-002-000, the Dominant Estate.
3. Grantees desire to acquire, and Grantor desires to grant, certain rights in the Servient Estate.
4. It is the intention of the parties that the easement and right-of-way granted appurtenant to the Dominant Estate, in that the easement benefits the uses and enjoyment of the Dominant Estate by providing ingress and egress and right-of-way to the Dominant Estate.
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the City of Sutter Creek does hereby grant to Byron Damiani Jr. and Laura Hardcastle, husband and wife, their successors or assigns, a perpetual easement and right-of-way, and the right to use for INGRESS AND EGRESS EASEMENT purposes and those appurtenances and uses commonly associated therewith, through, in, on, over, above, and across that certain portion of Grantor’s real property situated in the City of Sutter Creek, County of Amador, State of California, more particularly described as Exhibit “A” and illustrated on Exhibit “B”, attached hereto and made a part hereof by this reference.
SEE LEGAL DESCRIPTION OF THE SERVIENT ESTATE MARKED EXHIBIT “A”
AND A SKETCH AND LEGAL DESCRIPTION OF THE EASEMENT THEREOF MARKED EXHIBIT “B”, ATTACHED HERETO AND INCORPORATED HEREBY REFERENCED.
34 The easement rights granted herein include the following: (a) the right of ingress and egress, from the easement herein described, across the lands of Grantor for all purposes useful and convenient in connection with or incidental to the exercise of the rights herein granted at locations which shall not interfere with grantor’s reasonable use of its remainder property; (b) the right to construct, reconstruct, repair, replace, operate and maintain said facilities and the right to enter upon, pass and re-pass over, along, and beside said easement and right-of-way; and (c) the right to deposit tools, implements and materials there on, (d) The rights granted herein are for the benefit of the grantees, their agents, employees, successors or assigns, or by any contractor, its agents or employees, engaged by the grantees, their successors or assigns, whenever and wherever necessary for the purposes set forth above.
Grantor shall not plant any trees or bushes within or erect, construct, or install any fence, wall, irrigation, or any other type of structure, improvement, or private utilities over, across, or upon said easement and right-of-way without first obtaining written permission from Grantee, which shall not be unreasonably withheld. Grantor shall keep the easement area clear from obstacles that will make the area inaccessible.
The easement and right-of-way granted by this easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant.
Grantees shall have the duty to repair and maintain the property subject to the easement and right-ofway and shall at all times act to safeguard Grantor’s property.
Grantor, its assigns, successors, tenants, lessees, agents, employees, or any contractor, its agents or employees, engaged by the grantor, its agents, employees, tenants, lessees, successors or assigns, shall not conduct any activity on, under, or about the easement property that would unreasonably interfere with the use of the easement and right-of-way.
Pursuant to California Civil Code Section 1468, this Easement Agreement and Easement are covenants related to the use, repair, maintenance and improvement of the properties benefited and burdened hereby, and, as such, the covenants set forth herein shall be binding upon the Servient Estate and shall be binding upon all parties having or in the future acquiring any interest in the Servient Estate.
Dated:________________
Grantor: _______________________________ __________________________________________ signature printed name and title
Grantee:_______________________________ __________________________________________ signature printed name
Grantee:_______________________________ __________________________________________ signature printed name
35 State of California
County of Amador
On _______________________ before me, ________________________________, notary, personally appeared ________________________________
________________________________
________________________________
who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacities and that by his/her/their signatures on the instrument the persons or the entity on behalf of which the person acted, executed this instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
_____________________________
Signature
(seal)
36 EXHIBIT “A”
Description of relevant portion of A.P.N. 018-180-031-000:
Parcel 5:
Adjusted Parcel 3 0.473 acres as set forth on “Record of Survey Boundary Line Adjustment For Carl & Elanor Borgh” recorded in Book 49 of Maps and Plats at page 87 of Amador County Records.
Excepting therefrom all of the above parcels any mine of gold, silver, cinnabar or copper, or to any valid mining claim or possession held under existing laws of Congress, as excepted by the United States of America, by patent recorded February 15, 1875 in Book of Deeds, page 273, Amador County Records.
Also excepting therefrom all minerals, metals, ore and rock in place below a depth of 100 feet from the surface of said land, as excepted in the Deed from Central Eureka Mining Company, by Deed recorded April 12, 1935 in Book 52 of Deeds, page 482, Amador County Records.
Also excepting therefrom all minerals, metals, ore and rock in place below a depth of 100 feet from the surface of said land, as excepted in the Deed from Central Eureka Mining Company recorded January 4, 1937 in Book 2 of Official Records, page 200, Amador County Records.
37 EXHIBIT “B”
A.P.N. 018-180-031-000
(Parcel 5, Adj. Parcel 3)
.
Easement and right-of-way in Northeast corner
Description of the Easement and right-of-way:
Commencing at the Northeast corner of APN 018-180-031, at the Section line, thence S.87°54’09” W 12 feet, then Southeasterly to a point on the Section line located S.0°21’32”E 10 feet distant from the Northeast corner, thence N.0°21’32”W a distance of 10 feet to the point of beginning. .
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39 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: JULY 17, 2023
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: ADOPTION OF RESOLUTION AUTHORIZING THE MAYOR TO
EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT
FOR INTERIM CITY ADMINISTRATOR SERVICES
Recommendation
Adopt Resolution 23-24-* Authorizing the Mayor to execute an Amendment to the Employment Agreement for Interim City Administrator Services.
Background and Analysis
Interim City Administrator Sandra Spelliscy began employment with the City on March 8, 2023.
In light of the nature of the responsibilities the Interim City Manager has taken on, along with the demands on her time, an increase of 10% in her annual rate of pay is believed to be reasonable.
The City Attorney has prepared the attached amendment to the Interim City Manager’s agreement to implement this change.
Fiscal Impact
The proposed amendment would increase the Interim City Manager’s annual rate of pay by $10,192 (to $155,792.00 from $145,600) effective as of July 1, 2023. The Interim City Manager has announced she would not be able to continue in her position past September 15, 2023.
Therefore, the increased rate of pay would only be paid for about two and a half months.
Item 9D
40 RESOLUTION 23-24-*
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING THE EXECUTION OF THE AMENDMENT TO THE EMPLOYMENT
AGREEMENT FOR INTERIM CITY ADMINISTRATOR
SERVICES WITH SANDRA SPELLISCY
WHEREAS, Interim City Administrator Sandra Spelliscy (“Employee”) began employment with the City on March 8, 2023; and
WHEREAS, the City desires to amend the Employment Agreement to provide for an increase in the annual salary Employee receives.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek authorizes the Mayor to execute the Amendment to the Employment Agreement for Interim City Administrator Services Between the City of Sutter Creek and Sandra Spelliscy in the form as attached as Attachment A to this Resolution.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 17th day of July, 2023 by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
____________________________________
Claire Gunselman Mayor
______________________________________
Karen Darrow, City Clerk
41 4854-6565-2591.1
AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF SUTTER CREEK AND SANDRA SPELLISCY
This Amendment to the Employment Agreement between the City of Sutter Creek and Sandra Spelliscy (“Employee”), effective March 8, 2023 (“Employment Agreement”), is entered into and effective as of July 1, 2023 (“Effective Date”). The Employment Agreement shall be amended as set forth below. All other terms of the Employment Agreement not amended shall remain the same as set forth in the Employment Agreement.
1. Section 4.A of the Employment Agreement is amended to provide that as of the Effective Date and thereafter, Employee’s annual salary shall be one-hundred fifty-five thousand, seven-hundred ninety-two dollars and no cents ($155,792.00), payable in the increments and manners Section 4.A requires.
2. Consistent with the action taken on and announced by the Sutter Creek City Council on June 20, 2023, the term of the Employment Agreement has been extended to September 15, 2023.
Executed on this _____ day of July, 2023.
Sandra Spelliscy Claire Gunselman
Interim City Administrator Mayor
Approved as to Form:
Derek P. Cole
City Attorney
42 EMPLOYMENT AGREEMENT
CITY OF SUTTER CREEK
INTERIM CITY ADMINISTRATOR
This Agreement is entered into and effective this 8th day of March, 2023, between the City of Sutter Creek ("City") and Sandra Spelliscy ("Employee" or "Interim City Administrator").
RECITALS
A. WHEREAS, the City of Sutter Creek wishes to engage the services of Employee as the Interim City Administrator, duly recognized in the Sutter Creek Code of Ordinances as the City Manager (2.06.010 SCCO) of the City, and to provide certain compensation and to establish the scope of duties to be provided by Employee;
B. WHEREAS, Employee desires to accept appointment under this contract as Interim City Administrator subject to all the terms and conditions contained herein; C. WHEREAS, in consideration of the mutual covenants and conditions contained in this contract, the parties agree as follows:
1. Incorporation of Sutter Creek Code of Ordinances. Sutter Creek Code of Ordinances (SCCO) Chapter 2, Section 06.010 through Section 06.080 are incorporated herein and attached hereto as Exhibit “A” to this Contract. These provisions of the SCCO shall form a part of this Agreement, made pursuant to the authority provided for in Section 2.06.040 (SCCO).
Should any provision of this Agreement conflict with these provisions of the SCCO, the SCCO shall prevail. The parties agree and acknowledge that while SCCO 2.06.090 applies to a permanently appointed City Administrator, that section is expressly not incorporated herein, and the Employee, reports directly to the City Council of the City of Sutter Creek and may be removed for cause or without cause, with or without notice by a simple majority of members of the Council in attendance at any regular or special meeting of said council. This exclusion of
2.60.090 reflects the intended temporary nature of the appointment.
2. Effective Date. The effective date of this Agreement shall be March 8, 2023, and it shall continue through June 30, 2023, unless and until the City and/or Contractor, or the Parties, terminate the agreement pursuant to the termination, severance and resignation provisions of this Agreement. Both the City and the Employee understand that the Interim City Administrator is an at-will appointment. In like manner, nothing in this Agreement shall be deemed to interfere with the right of Employee to terminate this Agreement at any time subject to the resignation and notice provisions of this Agreement. Compensation will begin on the first day actually worked.
3. Duties. The City hereby appoints Employee as Interim City Administrator to perform, without limitation, the duties set forth by statute, any relevant City ordinances and 43 resolutions, and such other legally permissible and proper duties and functions as the City Council may assign from time to time. The Interim City Administrator shall report directly to the City Council and shall assume overall responsibility for the management and operation of the City, subject, however, to all applicable laws, rules and regulations and to the policies and directions theretofore and from time to time established by the City Council.
The Interim City Administrator shall, while employed by the City, not accept other employment or perform other services for compensation without first having obtained permission from the City Council, which the Council may withhold in its reasonable discretion.
The Interim City Administrator shall not engage in any activity which is or may become a conflict of interest or which may create an incompatibility of office as defined under California law. The Interim City Administrator must annually complete financial disclosure forms as required by law.
4. Compensation and Benefits.
A. Compensation. City agrees to pay the Employee for services rendered hereunder as Interim City Administrator an annual salary of One Hundred Forty-Five Thousand SixHundred Dollars and Zero Cents ($145,600.00) payable in installments at the same time and manner as other employees of the City. This annual salary is equivalent to $70.00/hour or $12,333.33 monthly. Employee shall be paid the full salary for all workweeks in which the Employee performs any work. Employee is an Exempt employee pursuant to the provisions of the Fair Labor Standards Act (FLSA), and that Employee is expected to work any and all hours/days necessary to competently and fully perform the functions as Interim City Administrator, including evening, weekend, and holiday hours. Normal working hours for the City are forty (40) hours per week. It is expected that the Employee will be generally available during regular working hours.
B. Benefits. Unless otherwise specifically provided for in this Agreement, the Interim City Administrator position shall be non-benefitted.
C. Sick Leave. Sick leave shall be provided in a manner consistent with the City’s provision of leave for temporary full-time employees as required by the Healthy Workplaces/Healthy Families Act of 2014 (AB 1522). (24 hours per year) D. Cellular Phone and Computer. City shall furnish Employee a cellular phone and laptop computer for her use during the duration of this Agreement, including any extension.
5. Professional Growth and Standing. The City encourages the continuing professional growth of the Interim City Administrator through their participation in such activities as:
A. Conferences, programs, and other activities conducted by or sponsored by local, or state, associations (such as ICMA or CalCities);
44 B. Seminars and courses offered by public or private educational institutions relating to California City Management and Governance;
C. Informational meetings with other persons whose particular skills or backgrounds serve to improve the capacity of the Interim City Administrator to perform their professional responsibilities for the City; and
D. Subscription to and reading of appropriate CalCities or similar bulletins, and periodicals.
The City agrees to budget and pay the Interim City Administrator's reasonable and necessary membership, travel, subsistence, and other expenses associated with participation and membership in such organizations and activities, consistent with the City’s practices with the prior City Administrator. These activities shall be subject to the prior approval of and coordinated with the City Council and may include but are not necessarily limited to: the International City Managers Association Conference, the League of California Cities, and regional, state and local governmental groups and committees on which the Employee serves as a member. Reimbursement for any such activities not paid in advance by the City shall be made to the Employee in accordance with applicable City policies and rules and regulations.
6. Performance Review / Appraisal. The City Council shall, from time-to-time and at least on an annual basis, review the performance of the Interim City Administrator. As part of any performance appraisal of the Interim City Administrator, the Council shall also, as it deems appropriate, establish any new goals and objectives of the Interim City Administrator, and may also review and set the level of compensation and benefits payable to the Interim City Administrator.
7. Termination of Employment. The Interim City Administrator's employment hereunder may be terminated in accordance with the provisions of this section:
A. At-Will Employee. Interim City Administrator serves at the pleasure of the City Council and nothing herein shall be taken to prevent, limit or otherwise interfere with the right of the Council to terminate the services of Interim City Administrator with or without cause. There is no express or implied promise made to Interim City Administrator for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between Interim City Administrator and the City.
B. Termination Not-For-Cause. In the exercise of its sole discretion, the Council may terminate the Interim City Administrator for reasons other than cause, by providing written notice. This Agreement shall also automatically terminate upon a decision by the City Council to appoint a permanent city Administrator.
C. Termination For Cause, or In The Event of Death. Notwithstanding any other provision of this Agreement, this Agreement shall terminate upon the death of the Interim City Administrator or in the event the Interim City Administrator is terminated by the City Council for "cause" as defined below. In the event of such termination for cause, the City shall be under 45 no obligation to the Interim City Administrator under this Agreement except for prorated salary and benefits due and unpaid to the date of termination. "Cause" for termination of employment shall include, by way of illustration and not limitation, any of the following acts or conditions on the part of the Interim City Administrator:
(1) Any willful breach of duty by the employee in the course of their employment, habitual neglect of duty or continued incapacity to discharge their duty/duties; or (2) Failure of good behavior either during or after duty hours which is of such a nature that it causes discredit to the City.
(3) Conviction of a felony or entry of a plea of nolo contendere to a felony offense; or (4) Conviction of, or entry of a plea of nolo contendere to any crime involving moral turpitude or dishonesty.
(5) Breach of this Agreement.
(6) The disability of Employee, as defined in this Agreement. (7) If the Employee materially breaches this Agreement, is insubordinate or is grossly negligent in performing their duties pursuant to this Agreement. (8) If the Employee violates any policies of Employer that cause a substantial loss or damage or injury to Employer’s property or employees.
(9) If Employee habitually fails to report to work.
(10) If Employee commits actions of fraud, embezzlement, bribery, or other similar serious acts in connection with Employee’s employment with Employer.
D. Disability Termination. If Employee shall, for whatever reason, become incapable of performing any of the essential functions of Employee’s position, even with reasonable accommodation by Employer, either (1) permanently, or (2) for a period exceeding the period of leave available to the Employee under the Family Medical Leave Act or the California Family Rights Act (if qualifying), or accrued sick leave, whichever is longer, then Employee shall be deemed to have suffered a disability. As the City Administrator position requires Employee to devote a great deal of time both during and outside of normal office hours to the business of Employer, Employee acknowledges and agrees that granting a leave longer than the time period stated in clause (2) above in this section may constitute an undue hardship on Employer. In accordance with applicable law, any request for leave that does constitute an undue hardship shall be grounds for termination of this Agreement.
E. Resignation/Retirement of Interim City Administrator. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Interim City Administrator to 46 resign at any time from her position with the City. The Interim City Administrator may terminate the Agreement by submitting written notice of their resignation to the City.
8. Bonding. The City will pay for the cost of fiduciary bonds required of the Employee as a consequence of the Employee’s performance of duties as Interim City Administrator of the City.
9. Indemnification. The City shall indemnify and defend the Employee from any and all claims, demands, actions, losses, or charges arising out of, related to or as a consequence of the Employee’s performance of duties and conduct that are within the scope of employment.
Acts of the Employee that substantially deviate from the assigned duties for a personal purpose, criminal and other conduct such as assault, battery, sexual harassment, whistleblower retaliation, and other intentional torts that are unrelated to the Employee’s job are deemed to be outside the ordinary course and scope of employment for purposes of this section.
The parties agree that this section shall survive termination of this Agreement and Employee’s employment with the City. This section shall apply at the time any such claim, demand, action, loss or charge is made or occurs, as the case may be, provided that the act or omission giving rise to the claim occurred during the time that the Employee was employed by the City.
10. General Provisions.
A. Law Governing Agreement / Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California, the venue shall be the County of Amador, California.
B. Entire Agreement / Modifications. This Agreement supersedes any and all other agreements, whether oral or in writing, between the City and the Interim City Administrator with respect to the Interim City Administrator's employment hereunder. Any modification of this Agreement shall be effective only if embodied in a formal amendment duly adopted by resolution of the City Council and reduced to a fully executed written document in writing, except that the Agreement may be extended without further action of the City Council for a renewal period of up to one year (July 1, 2023 – June 30, 2024) if the City has not appointed a permanent City Administrator by June 30, 2023. Any amendment that alters the salary or benefits provided to the Interim City Administrator under this Agreement may only be adopted by resolution in open session at a regular meeting of the City Council of the City of Sutter Creek, CA.
C. Notices. Any notices given pursuant to the terms of this contract shall be given by certified, registered mail, return receipt requested, addressed as follows:
(i) CITY: City Council
City of Sutter Creek
Sutter Creek City Hall
18 Main Street
47 Sutter Creek, CA 95685
(ii) INTERIM CITY Sandra Spelliscy
ADMINISTRATOR 120 Frakes Street
Sutter Creek, CA 95685
(iii) COPY TO: Derek Cole, Esq.,
City Attorney
Cole Huber LLP
2281 Lava Ridge Court, Ste 300
Roseville, CA 95661
All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been given at the time of delivery if given in person or within twenty-four (24) hours after being sent by e-mail acknowledged by the recipient or certified mail, postage prepaid, return receipt requested and addressed as indicated above or at the latest address in the City's employment records or at any other address which either party shall give written notice of pursuant to this section.
D. Waiver. No waiver of a breach of any of the covenants, agreements, provisions, or conditions of this Agreement by either party shall be construed to be a waiver of any later breach of the same or other covenant, agreements, provisions or conditions of this Agreement.
E. Assignment. This Agreement is not assignable by the City or the Interim City Administrator.
F. Severability. In the event that any provision of this Agreement is invalid or otherwise determined to be unlawful or void by a court having jurisdiction over the parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement.
G. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, heirs, agents and personal representatives. ///
///
///
///
///
///
48 IN WITNESS WHEREOF, the City has caused this Agreement to be signed and executed on its behalf by the Mayor on behalf of the City Council. It has also been executed by the Interim City Administrator on the date first above written.
CITY OF SUTTER CREEK
______________________________________
By: Claire Gunselman, Mayor
INTERIM CITY ADMINISTRATOR
______________________________________
By: Sandra Spelliscy, Interim City Administrator
APPROVED AS TO FORM:
______________________________________
Derek Cole, City Attorney
Cole Huber LLP
49 18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
MEETING DATE: JULY 17, 2023
FROM: SANDRA SPELLISCY, INTERIM CITY MANAGER
SUBJECT: AMADOR ARTS COUNCIL LEASE FOR GRAMMAR SCHOOL
RECOMMENDATION:
Direct staff to execute lease for an office space for the Amador Arts Council in the Historic Grammar School.
BACKGROUND:
The Amador Arts Council has asked to enter into a lease with the city for a small room in the Grammar School to use as an office. The city leases the building from the school district. The lease restricts the use of the building to “public purposes.” Staff believes that office space for the Arts Council meets that purpose.
DISCUSSION:
The Arts Council is asking to lease the space for $450/month. It will provide its own WiFi service that can then be used by others in the building. Staff has been in discussion with the Sutter Creek Community Foundation, who is the primary occupant of the building and who has an agreement with the city for that use. Upon approval of the SCCF Board to allow the Arts Council occupancy, staff will execute a lease with the new tenant.
BUDGET IMPACT: Additional revenue to the city of $450/month.
ATTACHMENTS: None
50 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: MAYOR AND MEMBERS OF THE CITY COUNCIL
MEETING DATE: JULY 17, 2023
FROM: SANDRA SPELLISCY, INTERIM CITY MANAGER
SUBJECT: UPDATE ON WWTP GRANT AND USDA BOND
RECOMMENDATION:
Informational only.
BACKGROUND:
We have submitted a request for an extension until December 31, 2024 on the WWTP Replacement Project grant to the State Water Board. The current grant deadline is September 30, 2023. We have also asked for a revised scope of work to change from a design/build project to a traditional design/bid/build, and to eliminate some of the alternatives to be studied for the project report that we already know are infeasible.
In conjunction with discussions with the USDA RDA about possible funding for a tertiary treatment plant, staff also inquired about payoff of the $455,00 on the bond that was purchased by the USDA in 1998 to pay for sewer water line replacement. According to USDA staff, there is no prepayment penalty to pay off the bond at an earlier date, which would save the city approximately $200,00.
DISCUSSION: None.
BUDGET IMPACT: None at this time.
ATTACHMENTS: None.
51 TO: Sandra Spelliscy, City Manager
FROM: James O’Connell, Chief of Police
DATE: July 17, 2023
DEPARTMENT INFORMATION
June 2023
Monthly Statistics
Calls for Service and Incidents 270
Traffic Stops 62
Officer Initiated Incidents 174
Business Checks 72
Vehicle/Pedestrian Checks 17
Total Officer Reports 28
Misdemeanor Arrests 10
Felony Arrests 3
Moving Citations 15
Parking Citations 3
Total 654
Sutter Creek Schools:
During the month of June, SCPD officers staffed and helped coordinate the safety plan for the 2023 Amador High School graduation ceremony.
Italian Picnic Grounds and Parade Events:
SCPD was happy to help coordinate and provide safety for the annual parade in Sutter Creek. SCPD also staffed the events at the picnic grounds throughout the weekend. 52 Downtown Foot Patrol:
During the month of June, SCPD continued to conduct daily foot patrol in the downtown area and average over 30 minutes, per officer each day.
Volunteer Service:
In addition, our dedicated Volunteers contributed over 13 hours of service, including citation and records processing, and responding to requests for collision reports.
Code Enforcement:
SCPD Code Enforcement worked on 3 code enforcement complaints and successfully resolved and closed 2 of those complaints. The remaining complaint is in progress, as well as the subsequent July complaints that were received. 53
STAFF REPORT
TO: SANDRA SPELLISCY, INTERIM CITY MANAGER
MEETING DATE: JULY 17, 2023
FROM: GEORGE ALLEN PUBLIC WORKS FOREMAN
SUBJECT PUBLIC WORKS DEPARTMENT REPORT FOR JUNE 2023
Objective: The objective of this Staff Report is to provide a monthly status update regarding activities within the Public Works Department.
Wastewater Treatment Plant Status:
The WWTP did meet all the effluent quality discharge requirements for the month of June.
Table 1. Monthly Status of required reporting constituents.
Constituent Monthly Results Monthly Limits
Monthly Influent Flow 10.966 Mg. 0.366 mgd daily avg .48mgd1 Effluent BOD, mg/L 20 mg/L 30 mg/l
Effluent Settleable Matter,
mL/L
< 0.1 ml/L 0.5 ml/l
Effluent TSS, mg/L 12 mg/L 30 mg/l
Total Coliform, MPN < 1.8 mpn 23 mpn
Sludge Wasted 28,340 gallons
Rain .0 in. 51.94 in. YTD –26.42” Last YTD
1 The .48 mgd is daily dry weather flow (May through October).
Plant Compliance Issues:
• The May 2023 monthly report was electronically submitted to Regional Water Quality Control Board.
Operational Strategy Modifications:
• The rag bin was hauled on June 21, 2023.
• Rebuilding the deck and stairway at the recirculation building. • A regular sludge wasting schedule was kept with a total of 28k gallons dewatered.
Collection System Status:
SSMP Activity
Calls for service
• 6/5/2023, 82 Dennis St. plugged City main.
• 6/5/2023, 271 Hanford St. plugged private lateral.
• 6/28/2023 101 Boston Alley, pump station failure.
54
Sewer System Cleaning and Maintenance.
• For June 2023, there was 5,879 feet of sewer line cleaned. Total amount cleaned for 2023 is 22,945 feet.
Service Requests
Responded to nine service requests in May.
• Two were for a street issues;
• Three were for sewer issues;
• Three were for forwarded for code enforcement issues; • And one was for a facility issue.
Effluent Disposal
• Ongoing irrigation at Hoskins irrigation site.
• Ongoing maintenance of the cattle water troughs along the pipeline. • Installation of new pumps and systems needed to dispose of the large amount of water in the system and system that will be needed and to build a floating suction at Preston Reservoir.
• Rebuilt the large pump that is used for Hoskins irrigation. The large pump lost the drive shaft and ARMS pumps built a new one.
• Excavated the pipeline below Preston Reservoir to get the size of the pipe to order parts for the floating suction.
• CalFire Pine Grove crew continuing to clear the ARSA right of way in several places. • Ongoing irrigation at Hoskins irrigation site.
• Meeting with Regional Water Quality Control Board staff over the levels at Henderson reservoir and Preston reservoir.
• Sending weekly updates to the Regional Board on reservoir levels and volumes. • Daily flow checks and level readings.
Streets and City Right of Way.
• Wunschel and Son Construction finished replacing the culvert at Eureka Rd. and Old Ridge Rd.
• Ongoing patching of abundant number of potholes.
• Ongoing cleaning of streets and roads for weeds.
• Ongoing roadside trash cleanup.
Parks and Buildings
• Had to change out the chlorine control system at the swimming pool for a loaner unit, while Santa Barbara Controls rebuilds the City’s old one. • Repaired the A/C condenser for the Auditorium conference room. • Had Jackson Glass come and measure for new windows in Admin Building. • Barron’s floor coverings came and measured for new floor covering in the city offices. • Ongoing cleaning and maintenance at the swimming pool. • Repaired the drinking fountains at Cribbs field.
55
• Ongoing mowing of the parks and pool lawns.
• Working on a new room in the basement of Auditorium for the Police. • Turned on and repaired irrigation system at Minnie Provis Park. • Turned on and repaired irrigation system Bryson Park. • Ongoing set up and take down for the meetings in the Community Center. • Ongoing cleanup of Community Center, Auditorium and Grammar School for the use as rentals.
56 June 2023 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
SCFEF
(Strong
Motion)
SB 1473
Fee
Grand
Total
5/24/2023 5/25/2023 2023-JUN-01 5/31/23 11/30/23 018-065-004 156 Spanish St. Minnis, Richard Mountain Air HVAC 7,155.00 157.41 0.93 1.00 $ 159.34 4/25/2023 5/24/2023 2023-JUN-02 6/1/23 12/1/23 018-070-013 161 Tucker Hill Rd. Conrardy, Craig North Valley LLC Solar 24,000.00 249.50 217.50 3.12 1.00 $ 471.12 5/16/2023 5/25/2023 2023-JUN-03 6/1/23 12/1/23 040-200-020 251 Oak View Ct. Wilson, Steve Riley Bros. dba Taylor Made Const Deck 95,500.00 2,101.00 1,365.65 12.42 3.00 $ 3,482.07 6/1/2023 6/5/2023 2023-JUN-04 6/5/23 12/5/23 044-020-005 81 W Ridge Rd. Gold Country Lanes LLC International Line Builders Electrical 10,000.00 314.00 2.80 1.00 $ 317.80 6/5/2023 6/5/2023 2023-JUN-05 6/6/23 12/6/23 018-121-005 125 Spanish St. Cook, Jerry Carter's Quality Roofing Re-roof 7,500.00 165.00 0.98 1.00 $ 166.98 4/27/2023 6/6/2023 2023-JUN-06 6/6/23 12/6/23 040-231-008 385 Silksworth Ln. Ryan, Teresa Sunrun Solar 40,285.00 232.50 217.50 5.24 2.00 $ 457.24 5/1/2023 6/6/2023 2023-JUN-07 6/6/23 12/6/23 040-231-009 389 Silksworth Ln. Dedge, Joanne Sunrun Solar 29,412.00 232.50 217.50 3.82 2.00 $ 455.82 6/7/2023 6/7/2023 2023-JUN-08 6/7/23 12/7/23 018-293-035 2 Vista Ct. Lemons, Loren All Sierra Roof Re-roof 12,000.00 264.00 1.56 1.00 $ 266.56 6/1/2023 6/1/2023 2023-JUN-09 6/7/23 12/7/23 018-121-009 183 Badger Rd. Der Manuelian, ChrisAll Sierra Roof Re-roof 12,221.00 268.86 1.59 1.00 $ 271.45 6/1/2023 6/1/2023 2023-JUN-10 6/8/23 12/8/23 018-320-019 120 Mark Ln. Bagley, Jerry Hooked on Solar Other 174.00 0.50 1.00 $ 175.50 Panel
Remove
5/31/2023 6/9/2023 2023-JUN-11 6/13/23 12/13/23 040-200-067 340 Gopher Flat Rd. Cavana/FanopoulosPremier Pools & Spas Pool 90,000.00 1,980.00 1,287.00 11.70 4.00 $ 3,282.70 5/22/2023 6/9/2023 2023-JUN-12 6/13/23 12/13/23 040-210-019 282 Ursula Dr. Gravette, Nicole & Jared Premier Pools & Spas Pool 62,112.00 1,366.46 888.20 8.07 3.00 $ 2,265.73 6/7/2023 6/13/2023 2023-JUN-13 6/14/23 12/14/23 018-264-005 184 Lorinda Dr. Moran, Roylene V3 Electric Solar 16,590.00 239.50 217.50 2.16 1.00 $ 460.16 6/13/2023 6/13/2023 2023-JUN-14 6/14/23 12/14/23 018-033-010 341 Rabb St. Fawn, Mike Determined by Owner Other 378.00 0.50 1.00 $ 379.50 Fire Repair 5/25/2023 6/6/2023 2023-JUN-15 6/15/23 12/15/23 018-020-019 151 Oro Madre Way McGraw, Steve Sol R Us Electrical Solar 36,562.00 232.50 217.50 4.75 2.00 $ 456.75 6/9/2023 6/13/2023 2023-JUN-16 6/20/23 12/20/23 040-210-007 294 Sierra Ct. Ensley, Holly River City Window & Door Windows 26,492.00 587.63 3.44 2.00 $ 593.07 6/20/2023 6/23/2023 2023-JUN-17 6/27/23 12/27/23 018-296-003 40 Mountain View Manoux, Philip AJ Heating & Air HVAC 5,000.00 110.00 0.65 1.00 $ 111.65 6/21/2023 6/23/2023 2023-JUN-18 6/27/23 12/27/23 018-252-011 200 Patricia Ln. Sinnett, Eric All Sierra Roof Re-roof 13,300.00 292.60 1.73 1.00 $ 295.33 6/21/2023 6/23/2023 2023-JUN-19 6/27/23 12/27/23 040-190-013 219 Ridgecrest Ct. Lindquist, David All Sierra Roof Re-roof 21,000.00 462.00 2.73 1.00 $ 465.73 2/14/2023 5/8/2023 2023-JUN-20 6/27/23 12/27/23 044-020-085 4 Ridge Rd. Italian Benevolent Society Valle Building Industries Other 250,000.00 632.00 412.00 70.00 10.00 $ 1,124.00 Gas Piping 6/20/2023 6/27/2023 2023-JUN-21 6/28/23 12/28/23 040-231-007 381 Silksworth Ln. Akuna, Janis Mountain Air HVAC 17,195.00 378.29 2.24 1.00 $ 381.53 6/28/2023 6/28/2023 2023-JUN-22 6/29/23 12/29/23 018-232-008 25 S. Main St. Taylor, Quintan AJ Heating & Air HVAC 6,000.00 132.00 0.78 1.00 $ 133.78 6/27/2023 6/28/2023 2023-JUN-23 6/29/23 12/29/23 018-172-013 21 Badger Rd. Dahl, Chris Amador Plumbing Sewer Line 7,000.00 154.00 1.96 1.00 $ 156.96 6/27/2023 6/28/2023 2023-JUN-24 6/29/23 12/29/23 018-063-016 145 Amelia St. Perry, James Amador Plumbing Water Heater 2,850.00 110.00 0.80 1.00 $ 111.80 6/27/2023 6/28/2023 2023-JUN-25 6/29/23 12/29/23 018-344-013 130 Mesa De Oro Cir Gleen, Lavonne Amador Plumbing Other 3,000.00 110.00 0.50 1.00 $ 111.50 Water Line 6/27/2023 6/28/2023 2023-JUN-26 6/29/23 12/29/23 018-266-008 39 Mountain Dr. McLeod, Gregory Amador Plumbing Water Heater 2,600.00 110.00 0.50 1.00 $ 111.50 6/27/2023 6/28/2023 2023-JUN-27 6/29/23 12/29/23 018-220-021 121 Greenstone Terrace Smith, Peter Gilmore Home Services Water Heater 3,098.00 110.00 0.50 1.00 $ 111.50 Totals 269,850.00 531,022.00 896.00 10,269.75 5,418.35 145.97 47.00 16,777.07 57 City of Sutter Creek
City Treasurer's Report
Receipts & Disbursements Report
City's Checking Account
Receipts
Deposits $ 688,103
Reversal of Bank Charges -
Total $ 688,103
Disbursements
Accounts Payable $ 186,073
Payroll & Benefits 106,445
Bank Charges -
Total $ 292,518
Net Amount of Investment Transfers $ 1,000,000
Recap of City Treasury
Investments on Hand May 31, 2023
Rate of
Return
Bank of Marin Checking $ 1,166,715 0.01%
Bank of Marin Money Market $ 11,592 0.76%
Bank of Marin Money Market #2 $ 2,044,669 1.77%
* California State Treasurer's LAIF $ 1,597,504 2.74%
Bank of Marin CD $ 1,000,000 N/A
Total $ 5,820,480
Total this month last year $ 5,153,210
* LAIF 1 $ 58,739
LAIF 2 $ 1,538,765
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 6/28/2023 May 2023
Market or
Withdrawal
Value
58 City of Sutter Creek
City Treasurer's Report
Receipts & Disbursements Report
City's Checking Account
Receipts
Deposits $ 494,754
Reversal of Bank Charges -
Total $ 494,754
Disbursements
Accounts Payable $ 275,285
Payroll & Benefits 159,126
Bank Charges -
Total $ 434,411
Net Amount of Investment Transfers $ -
Recap of City Treasury
Investments on Hand June 30, 2023
Rate of
Return
Bank of Marin Checking $ 1,121,713 0.01%
Bank of Marin Money Market $ 11,600 0.76%
Bank of Marin Money Market #2 $ 2,047,612 1.77%
* California State Treasurer's LAIF $ 1,597,504 2.74%
Bank of Marin CD $ 1,000,000 3.50%
Total $ 5,778,429
Total this month last year $ 5,154,488
* LAIF 1 $ 58,739
LAIF 2 $ 1,538,765
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 7/12/2023 June 2023
Market or
Withdrawal
Value
59 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: SANDRA SPELLISCY, INTERIM CITY MANAGER
MEETING DATE: JULY 17, 2023
FROM: KAREN DARROW, ADMINISTRATIVE SERVICES SUPERVISOR
SUBJECT: ADMINISTRATIVE SERVICES JUNE 2023 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 June 2023.
DISCUSSION:
Human Resources
• City Manager Recruitment
• Hiring process for two part time Public Works seasonal employees • Onboarding for new employee: Finance Supervisor
Risk Management
• Review and oversight of one active Workers Comp claims and two ongoing liability claims. • Process and management of one lawsuit.
City Clerk
• 6-Public Record Request Responses, 6-Citizen Inquiries responses and 2- Public Hearing Notice. • Agenda preparation, minutes and follow up for:
5-City Council, 1-ARSA, and 1- DRC meetings.
• Issuance of 1- Design Clearance permit.
• 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. • Attend Sutter Creek Business and Professionals Association • Oversee transition to two new websites.
60 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: SANDRA SPELLISCY, INTERIM CITY MANAGER
MEETING DATE: JULY 17, 2023
FROM: MASON PETERS, FINANCE SUPERVISOR
SUBJECT: FINANCE DEPT. JUNE 2023 REPORT
RECOMMENDATION:
Informational only.
BACKGROUND:
To provide information regarding the activities of the Finance Department for the month of June 2023.
DISCUSSION:
Accounts Receivable
• Twenty-seven (27) building permits were issued, totaling $16,777. • Facility rental revenue for the month of June was $1,620. • TOT collected for May 2023 was $25,549.
• Currently we have 334 Sewer customers enrolled in Auto Pay, 193 Sewer customers enrolled in E-Bill, and 104 Sewer customers enrolled in both services.
Accounts Payables
• Seventy-four (74) warrant checks were issued in the amount of $275,285.
Misc.
• Processed 165 business licenses in the month of June. • Jodi Steneck resigned as Accounting Supervisor effective 6/16/2023.
Special Event Permits issued for:
• Italian Picnic Parade – 6/2/2023.
Reports Included
• The June 2023 Cash Flow Report
61 Funds Beg. Balance Cash In Cash Out Adj. Balance
01 - General Fund 231,256.00 243,673.00 111,845.00 (54,254.00) 308,830.00 39 -General Reserve ‐ 697,390.00 ‐ ‐ 697,390.00 86 - General Savings 72,113.00 - - - 72,113.00
95 - General Operating Reserve 102,421.00 - - - 102,421.00 96 - General Capital Reserves 49,677.00 - - - 49,677.00 04 - Crestview Light District 5,702.00 106.00 568.00 - 5,240.00 07 - Cemetary (11,979.00) - 225.00 (82.00) (12,286.00)
17 - Monteverde Store 1,528.00 - 187.00 - 1,341.00
29 - Swimming Pool (56,331.00) - 652.00 (372.00) (57,355.00) 59 - Auditorium & Facility Rentals (13,678.00) 5,355.00 5,922.00 (3,411.00) (17,656.00) 03 - Streets and Sidewalks (30,819.00) 6,518.00 5,579.00 (2,475.00) (32,355.00) 91 - Road CIP 108,552.00 5,357.00 - 113,909.00
10 - Sewer M&O 1,266,366.00 146,723.00 55,861.00 27,264.00 1,384,492.00 11 - Sewer WCRF Hook up Fees 605,926.00 - - - 605,926.00 12 - Sewer Line Replacement 606,718.00 - - - 606,718.00 14 - Sewer Cap Reserves 989,215.00 - - - 989,215.00
15 - Sewer Debt Service 2,750.00 - - - 2,750.00
80 - Effluent Disposal (377,500.00) 34,325.00 144,072.00 (52,449.00) (539,696.00) 09 - HMGP Hazard Mitig. Grant Proj 1,217.00 - - - 1,217.00 19 - Knights Foundary Restore 2,964.00 - - - 2,964.00
20 - FEMA 153,242.00 - 3,269.00 - 149,973.00
28 - Public Safety/AB109, Grant 20,168.00 - - - 20,168.00 50 - COPS Fast Program 2,646.00 - - - 2,646.00
57 - First Time Home Buyers Grant 187,100.00 - - - 187,100.00 -
30 - Trafffic Mitig - S. Crest Gopher Flat (77,710.00) - - - (77,710.00) 31 - Traffic Mitig - S.Hill/Mesa de Oro 79,329.00 - - - 79,329.00 32 - Traffic Mitig - Crestview (24,779.00) - - - (24,779.00) 33 - Traffic Mitig - Sutter Ione (38,262.00) - - - (38,262.00) 34 - Traffic Mitig - Highway 49 Bypass 60,666.00 - - - 60,666.00 35 - Traffic Mitig - General 221,148.00 - - - 221,148.00 36 - Traffic Mitig - County Regional 18,527.00 - - - 18,527.00 37 - Parking In Lieu 65,278.00 - - - 65,278.00
38 - Fire Service Fund 36,664.00 - - - 36,664.00
42 - AB1600 174,375.00 - - - 174,375.00
73 - Park Impact Fee 45,314.00 - - - 45,314.00
-
89 - Capital Improvement Projects (216,536.00) - 8,535.00 (225,071.00) -
48 - Covid-19 American Recovery Act 575,152.00 - - - 575,152.00 81 - Visitor Center (21,576.00) 185.00 1,242.00 163.00 (22,470.00) 87 - Refuse 3,354.00 - - - 3,354.00
88 - City Council Discretionary 20,564.00 - - - 20,564.00 92 - Pension Reserve 136,389.00 - - - 136,389.00
93 - Vehicle Cap Reserve 17,183.00 - - - 17,183.00
94 - Vacation Cash Out and Accruals 98,811.00 - - (6,967.00) 91,844.00 Totals 5,790,535.00 442,242.00 337,957.00 (92,583.00) 5,802,237.00 2022-23
Cash Flow Report
for the month of June 2023
62 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: JULY 17, 2023
FROM: JODI ARROYOS, ACCOUNT TECHNICIAN
SUBJECT: WARRANTS PAID ON JULY 3, 2023 AND CURRENT WARRANTS TO
BE PAID
RECOMMENDATION:
Attached you will find two warrant reports, the first were paid on July 3, 2023 and the second report is a current list of warrants to be paid.
BUDGET IMPACT:
Amount paid on July 3, 2023 was $74,516.31
Current list of warrants to be paid is $89,176.55
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97 Sutter Creek Planning Projects as 7/12/2023:
City Projects
Zoning:
Staff is working on making changes to the draft ordinance and drafting the environmental document. It will be brought to the City Council in September.
Housing Element Update
HCD has returned comments on the Draft Housing Element. Staff has provided the Consultant with comments on the Draft HE.
Circulation Element
Draft completed by GHD, and reviewed by PC and CC, but has not adopted because CEQA has not been done. CEQA will be done with the Citywide environmental analyses. If the CC would like to adopt the Circulation Element before completing the Citywide EIR that is possible but will cost additional money and will not be grant funded.
Citywide EIR, now an MND
Grant project to be spent by end of 2023. This most likely will be reduced to a Mitigated Negative Declaration depending on the revised scope of the grant work products. Staff is in the process of drafting the Mitigated Negative Declaration. It is anticipated we will start the 30-day review period on August 1st.
Sign Ordinance
The Planning Commission has directed staff to review the sign ordinance and simplify the process. This will be bought back to the Planning Commission at a later date.
Applicant Projects
Sutter Creek Ranch (Gold Rush Ranch Specific Plan)
No update from last time
Weigand lot split Foothill Drive
Approved by PC on 5/22/23
81 Spanish St- Lot Split
Staff returned plan check comments to the applicant
98 DANCO
The applicant has resubmitted and the materials are under staff review.
Broad Meadows Estate
The applicant has resubmitted the project. Staff has returned comments to the applicant. 175 Sutter Hill Road- Conditional Use Permit
Staff has received an application for a CUP to install a cell tower. It is anticipated it will go to the Planning Commission on 8/14
190 Fogarty Rd- Conditional Use Permit
The applicant has requested a CUP to operate a day care out of the existing church building. It is anticipated it will go to the Planning Commission on 8/14 70 Greenstone Terance- Short Term Rental
Approved on 7/10. There are now a total of 16 approved STRs in the City. 12201 Eureka- Site Plan
Staff is working with the applicant on completing the required environmental review on the project. Once the appropriate steps have been determined, processing will continue. 99 From: jacob rohrer <[email protected]>
Sent: Tuesday, June 27, 2023 2:23 PM
To: Claire Gunselman <[email protected]>; Julia Sierk-Zanze <[email protected]>
Subject: Concerns over local property.
I am writing in regards to the property adjacent to 130 Lincoln Ave off Old Highway 49 and now
extending back into 12979 Amador Road. This property concerns me because it has become a
landfill over the past several months.
From the road, you can clearly see a couple of dozen vehicles in various states of disrepair,
flatbeds full of appliances, piles of scrap metal and concrete, and several full size shipping
containers along with graffiti. The county also has made several runs with truckbeds full of
fill. So is this an official county landfill now?
My question to the city and county, what are the plans for this property, is any oversight in
place, and are there any checks and balances on noise, visual, or environmental impacts?
Moving forward, I hope the city can work with the county to put some regulations on expansion,
what can or cannot be stored there, and requiring fencing or trees to reduce the visual impact.
Thank you for your time
100
On Thu, Jul 6, 2023 at 11:47 AM Gayle Bohlmann <[email protected]> wrote:
Good day. We have a loved one buried in the City Cemetery and we visit there on our monthly visits to
town. The last few months we have noticed an increase in weeds, the flag pole rope being broken so
the flag is no longer there, the road failure in the back, and general lack of upkeep.
We would appreciate knowing if there are plans for a clean up of the grounds and replacing the flag
pole rope and flag. We noticed that the Odd Fellows Cemetery is in much better shape.
We are also wondering if we can come in with our weed eater and do some work as well as take care of
the flagpole rope and replace the flag if there aren’t any plans to do this anytime soon.
We appreciate your response and attention to this valuable landmark.
Thank you.
Terry and Gayle Bohlmann
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From: Betz Arroyo-Rivera <[email protected]>
Sent: Monday, July 10, 2023 7:52 PM
To: Info <[email protected]>
Subject: Randolph Street
Hi, I’m writing to ask to whom do I speak to about repairs to Randolph Street.
There’s a lot of traffic
going to and from the school and there’s a lot of wear and tear on the street. There are a lot of pot
holes, which can cause damage to our cars.
Betz Arroyo
61 Randolph St
Sutter Creek, CA 95685
(916) 600-8874
--
Betzaida Arroyo, PhD
“If you're in the luckiest one percent of humanity, you owe it to the rest of humanity to think about the
other 99 percent.”
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