CITY COUNCIL A G E N D A
MONDAY, NOVEMBER 6, 2023
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. 6:00 P.M. 1.
2. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Gov. Code Section 54956.9) SEIU Local 1021 v. City of Sutter Creek, Pub. Emp. Rel. Bd. Case No. SA-CE-1244-M
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 1 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 October 16 & 30, 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. Sutter Oaks sewer collection project
Recommendation: Approve the low Base Bid and Additive Alternate #1 Bid from Soracco, Inc. and award the Contract.
8. ORDINANCES & PUBLIC HEARING
A. Introduce and Waive First Reading of Ordinance No. _____Amending Sections 2.06 & 2.08 of the Sutter Creek Municipal Code.
9. ADMINISTRATIVE AGENDA
A. Oro Madre Way Street Improvements- discussion and possible action B. FY 23-24 Q1 Expense/Revenue Analysis- for information only.
C. Adopt Resolution 23-24-* Authorizing the Execution of the employment agreement for City Manager Services with Tom DuBois.
D. Update on City/ARSA spray easement agreement – discussion and possible action
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.
A. Update on SB1439
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.
14. INFORMATION/CORRESPONDENCE
A. Public Communications
15. ADJOURNMENT
The next regularly scheduled meeting is MONDAY, NOVEMBER 20th at 7:00 P.M 2 CITY COUNCIL MINUTES
MONDAY, OCTOBER 16, 2023
THIS MEETING WAS CONDUCTED IN-PERSON AT 33 CHURCH STREET, THE PUBLIC WAS ABLE TO VIEW FROM HOME:
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5:30 P.M. 1. CLOSED SESSION
A. PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Title: City Manager
7:00 P.M. 2. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR MEETING Council members present:
Feist, Riordan, Sierk and Gunselman
Vicky Runquist, City Treasurer
Absent: Swift
Staff Present:
Sandra Spelliscy, Interim City Manager
Derek Cole, City Attorney
Karen Darrow, City Clerk
3. PLEDGE OF ALLEGIANCE TO THE FLAG
4. REPORT FROM CLOSED SESSION
City Attorney Cole reported that direction was given to staff and there was no reportable action.
5. PUBLIC FORUM
Steve Christensen noted his concern regarding overgrown vegetation on Sutter Volcano Rd. and the fire danger it poses.
Lisa Klosowski provided an update on the Visitor Center.
Kathleen Friedman asked for an update on the work to be done at 310 Gopher Flat.
Sandy Anderson noted her concern regarding the City’s role in marketing, social media and the Visit Sutter Creek website.
Gail Schifsky asked about the status of the parking signs for the Greenstone Terrace area. 3 6. APPROVAL OF MINUTES
A. City Council Minutes of September 27, 2023
Recommendation: By motion approve minutes as presented.
M/S Council member Sierk/Riordan to approve the City Council Minutes of September 27,2023.
AYES: Feist, Riordan, Sierk and Gunselman
NOES: None
ABSTAIN: None
ABSENT: Swift
MOTION CARRIED
7. CONSENT AGENDA
A. Adopt Resolution 23-24-* concurring in the call for an election on the question or reestablishing the countywide abandoned vehicle abatement fee.
M/S Council member Riordan/Sierk to Adopt Resolution 23-24-12 concurring in the call for an election on the question or re-establishing the countywide abandoned vehicle abatement fee.
AYES: Feist, Riordan, Sierk and Gunselman
NOES: None
ABSTAIN: None
ABSENT: Swift
MOTION CARRIED
8. ORDINANCES & PUBLIC HEARING
Item 8C was heard before Items A&B.
A. Waive the second reading in full and enact Ordinance No.______ amending Title 18, Zoning Ordinance, of the Sutter Creek Code of Ordinances.
M/S Council member Riordan/Sierk to Waive the second reading in full and enact Ordinance No 373 amending Title 18, Zoning Ordinance, of the Sutter Creek Code of Ordinances
AYES: Feist, Riordan, Sierk and Gunselman
NOES: None
ABSTAIN: None
ABSENT: Swift
MOTION CARRIED
B. Introduce and Waive First Reading of Ordinance No. _____Amending Sections
2.06 & 2.08 of the Sutter Creek Municipal Code.
M/S Council member Sierk/Feist to Introduce and Waive First Reading of Ordinance No. _____Amending Sections 2.06 & 2.08 of the Sutter Creek Municipal Code, as amended.
AYES: Feist, Riordan, Sierk and Gunselman
NOES: None
ABSTAIN: None
ABSENT: Swift
MOTION CARRIED
4 C. Sewer Connection Fee Proposal
Recommendation: Open public hearing and take public comment. Close public hearing. Adopt resolution 23-24 -*approving changes to sewer connection fees.
Consultant Mark Hildebrand of Hildebrand Consulting gave a presentation on sewer connection fees.
Mayor Gunselman opened the Public Hearing at 7:37 p.m. There was no public comment, and the hearing was closed.
M/S Council member Sierk/Riordan to Adopt Resolution 23-24-13 approving changes to sewer connection fees.
AYES: Feist, Riordan, Sierk and Gunselman
NOES: None
ABSTAIN: None
ABSENT: Swift
MOTION CARRIED
9. ADMINISTRATIVE AGENDA
A. Informational report on City Cemetery
George Allen, Public Works Foreman gave an update on the condition of the cemetery and clarified that the damage to the retaining wall is the next-door property owner’s responsibility.
B. County sale tax increase proposal
Recommendation: Advise Amador County Board of Supervisors that Sutter Creek will not be participating in a countywide self-help sales tax increase ballot measure.
Interim City Manager Spelliscy presented.
M/S Council member Riordan/Feist to direct staff to write a letter informing the county that the city will not be participating in the self-help sales tax increase ballot measure.
AYES: Feist, Riordan, Sierk and Gunselman
NOES: None
ABSTAIN: None
ABSENT: Swift
MOTION CARRIED
10. MAYOR AND COUNCIL MEMBER REPORTS
Council member Riordan reported that he attended the ACTC meeting and is learning about opportunities available to Sutter Creek. He also noted that he met with Frank Whitmore of Weber Ghio about putting together a list of roads to submit for improvement funding improvement by the November 1
st deadline.
Council member Feist- marketing met and she feels that the city does have a role in the marketing and the memo sent out was to invite the Business Association to work with the City.
Mayor Gunselman noted that she received a copy of the memo that was sent to the Business Association and is concerned that the meeting didn’t include all the interested parties. Council member Feist noted that the Marketing Committee will schedule a meeting soon. 5 Council member Sierk reported that she is waiting on an ACRA meeting to let them know that Sutter Creek wants a review of the next contract and that Ione had recently pulled out of ACRA. She noted that she attended the League of California Cities Conference.
11. CITY MANAGER’S REPORT
Interim City Manager Spelliscy provided an update on:
310 Gopher Flat – staff is moving forward, and Weber Ghio is working on it.
City website - transitioning to Civic Plus for hosting/management services and noted that there needs to be a longer discussion about the City’s role in marketing.
DANCO project- Was denied tax credits by the state Tax Credit Allocation Committee because they did not have all the approvals in place by the deadline. She noted that the city has done everything that was required and that it is still on the agenda for the Planning Commission meeting in November.
CalFire- scheduled to work in the creek tomorrow noting that it has been harder to get their help due to their funding cuts.
Flushing dam- the contractor should be able to get in the creek to do the work this month.
12. CITY ATTORNEY’S REPORT – None.
13. FUTURE AGENDA ITEMS
Mayor Gunselman suggested putting website/marketing on the next agenda.
Interim City Manager Spelliscy noted that the website functions fall under day-to-day operations and that a longer discussion of the city’s role in marketing should be had and suggested that the next few agendas are pretty full.
Council member Feist noted that the Marketing Committee will meet first and then have it put on a Council agenda.
Interim City Manager noted that City Engineer Matt Ospital will be giving an update on Oro Madre repair work at the next meeting.
14. INFORMATION/CORRESPONDENCE
15. ADJOURNMENT
The meeting was adjourned at 9:04 p.m.
_________________________________
Claire Gunselman, Mayor
___________________________________
Karen Darrow, City Clerk
Date Approved:
6 SPECIAL MEETING OF THE CITY COUNCIL
MINUTES
MONDAY, OCTOBER 30, 2023
3:00 P.M. 1. CALL TO ORDER AND ESTABLISH A QUORUM FOR REGULAR
MEETING
Council members Present: Feist, Swift and Gunselman
Absent: Riordan and Sierk
Staff Present:
Sandra Spelliscy
Karen Darrow
Mason Peters
2. PLEDGE OF ALLEGIANCE TO THE FLAG
3. PUBLIC FORUM-None.
4. PRESENTATION
A. WWTP Replacement Project Update (informational)
Carollo and Associates gave an update on the most recent work on the project and provided new details about next steps and financial implications.
5. ADJOURNMENT
The meeting was adjourned at 4:23 p.m.
_________________________________
Claire Gunselman, Mayor
__________________________________
Karen Darrow, City Clerk
Date Approved:
7 18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-0639 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer
STAFF REPORT
TO: CITY COUNCIL
MEETING DATE: NOVEMBER 6, 2023
FROM: GRANT REYNOLDS, CITY SANITARY SEWER
ENGINEER
SUBJECT: 2023 SEWER MAIN PIPE BURSTING PROJECT FOR THE
SUTTER OAKS RESIDENTIAL AREA – AWARD OF
CONTRACT
ATTACHMENTS: YES
RECOMMENDATION:
Approve the low Base Bid and Additive Alternate #1 Bid from Soracco, Inc. and award the Contract.
BACKGROUND:
On September 26, 2023 the bids for the “Sewer Main Pipe Bursting Project for the Sutter Oaks Residential Area” were opened. Four qualified bids were received. One bidder, Soracco, Inc., provided a Base Bid of $592,252.00 and was the apparent low bidder. This Base Bid was below the original Engineer’s Estimate of $730,440.00. Soracco also provided an Additive Alternate #1 Bid of $227,986.00. This Additive Alternate #1 Bid was 3.75% above the original Engineer’s Estimate of $219,745.00. After review of the Bid Documents it was determined that Soracco Inc.’s Bid Package was complete and that they were the low bidder. Attached is the Bid Summary Spreadsheet with Bid Item comparisons.
DISCUSSION:
Per their Information Required of Bidder Statement in their bid package Soracco, Inc. has twelve (12) years of experience completing this type of work and holds the proper licenses to complete the work. Additionally, Soracco, Inc. represents that they and their subcontractors have not less than five (5) years of successful experience in municipal public works construction of each phase of work required by this contract.
BUDGET IMPACT:
The cost of this contract (Base Bid: $592,252.00 and Additive Alternate #1: $227,986.00 Total: $820,238.00) has been allowed for in the approved City Budget as part of Sewer Line Replacement ($900,000.00).
8 NOTICE OF AWARD
TO: Soracco, Inc.
903 E. Lodi Ave.
Lodi, CA 95240
PROJECT DESCRIPTION: A SEWER MAIN PIPE BURSTING PROJECT FOR THE
SUTTER OAKS RESIDENTIAL AREA
The Owner has considered the Base Bid and the Additive Alternate #1 bid submitted by you for the above-described work in response to its Notice to Contractors, dated August 25, 2023, and Special Provisions.
You are hereby notified that your bids have been accepted for items in the Bid Summaries for the amounts stated.
You are required by the Special Provisions to execute the Contract and furnish the required Contractor’s Performance Bond, Contractor’s Payment Bond, and Certificates of Insurance within _10_ working days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said bonds within _10_ working days from the date of said Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your bid as abandoned and as a forfeiture of your bid bond. The Owner will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this Notice of Award to the Owner.
Dated this ______ day of ____________________, 2023.
_______________________________
By: _____SANDRA SPELLISCY_____
Title: __INTERIM CITY MANAGER ___
ACCEPTANCE OF NOTICE:
Receipt of the above Notice of Award Is hereby acknowledged.
Dated this _______ day of __________________, 2023,
By: _______________________________
9 Title: ______________________________
10 RESOLUTION 23-24-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AWARDING THE CONSTRUCTION CONTRACT FOR THE
SEWER MAIN PIPE BURSTING PROJECT FOR THE SUTTER OAKS RESIDENTIAL AREA
WHEREAS, the City of Sutter Creek conducted the bid opening for the Sewer Main Pipe Bursting Project for the Sutter Oaks Residential Area at 10:00 a.m. on September 26, 2023; and WHEREAS, The City received four bids for the project as follows:
Base Bid Amount Additive Alternate #1
1. Soracco Inc. $ 592,252.00 $ 227,986.00
2. Campbell Construction $ 781,283.00 $ 216,447.00
3. California Trenchless $ 910,810.00 $ 263,489.00
4. Vinciguerra Construction $ 759,075.00 $ 237,130.00
WHEREAS, no discrepancies were noted in the bid review; and NOW THEREFORE BE IT RESOLVED, the City Council of the City of Sutter Creek hereby awards the contract in the amount of Base Bid: $592,252.00 and Additive Alternate #1: $227,986.00 Total: $820,238.00 to Soracco Inc. in accordance with the contract documents.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 6th day of November 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
Claire Gunselman, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
11 ITEM UNIT OF EST. UNIT ITEM UNIT ITEM UNIT ITEM UNIT ITEM UNIT ITEM NO. ITEM MEASURE QTY. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 LOCATE AND PROTECT EX. UTILITIES LS 1 $ 10,000.00 $ 10,000.00 $ 22,500.00 $ 22,500.00 $ 4,000.00 $ 4,000.00 $ 10,000.00 $ 10,000.00 $ 19,994.00 $ 19,994.00 2 TRAFFIC CONTROL LS 1 $ 8,000.00 $ 8,000.00 $ 15,000.00 $ 15,000.00 $ 3,000.00 $ 3,000.00 $ 10,000.00 $ 10,000.00 $ 19,500.00 $ 19,500.00 3 CLEARING & GRUBBING LS 1 $ 5,000.00 $ 5,000.00 $ 4,600.00 $ 4,600.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 27,300.00 $ 27,300.00 4 SHEETING, SHORING, AND BRACING LS 1 $ 5,000.00 $ 5,000.00 $ 4,500.00 $ 4,500.00 $ 4,000.00 $ 4,000.00 $ 6,000.00 $ 6,000.00 $ 6,500.00 $ 6,500.00 5 SAWCUT AND REMOVE PAVING SF 2000 $ 3.00 $ 6,000.00 $ 2.10 $ 4,200.00 $ 5.00 $ 10,000.00 $ 6.00 $ 12,000.00 $ 6.62 $ 13,240.00 6 6" DIAMETER SANITARY SEWER - PIPE BURST LF 3615 $ 120.00 $ 433,800.00 $ 132.00 $ 477,180.00 $ 182.00 $ 657,930.00 $ 140.00 $ 506,100.00 $ 65.00 $ 234,975.00 7 4" DIAMETER SANITARY SEWER - PIPE BURST LF 419 $ 110.00 $ 46,090.00 $ 112.00 $ 46,928.00 $ 170.00 $ 71,230.00 $ 125.00 $ 52,375.00 $ 117.00 $ 49,023.00 8 SANITARY SEWER MANHOLE EA 2 $ 7,500.00 $ 15,000.00 $ 7,900.00 $ 15,800.00 $ 6,500.00 $ 13,000.00 $ 15,000.00 $ 30,000.00 $ 13,000.00 $ 26,000.00 9 RECONX. TO EXIST. SEWER SERVICE LATERALS EA 48 $ 2,250.00 $ 108,000.00 $ 2,100.00 $ 100,800.00 $ 1,300.00 $ 62,400.00 $ 1,000.00 $ 48,000.00 $ 1,400.00 $ 67,200.00 10 SANITARY SEWER CLEANOUT EA 7 $ 2,000.00 $ 14,000.00 $ 900.00 $ 6,300.00 $ 3,500.00 $ 24,500.00 $ 2,000.00 $ 14,000.00 $ 4,700.00 $ 32,900.00 11 CONCRETE SLURRY BACKFILL (CLASS 4) CY 120 $ 200.00 $ 24,000.00 $ 220.00 $ 26,400.00 $ 175.00 $ 21,000.00 $ 180.00 $ 21,600.00 $ 252.00 $ 30,240.00 12 3/4" CLEAN GRAVEL TON 45 $ 140.00 $ 6,300.00 $ 95.00 $ 4,275.00 $ 50.00 $ 2,250.00 $ 100.00 $ 4,500.00 $ 94.00 $ 4,230.00 13 ASPHALT CONCRETE TON 20 $ 200.00 $ 4,000.00 $ 390.00 $ 7,800.00 $ 350.00 $ 7,000.00 $ 300.00 $ 6,000.00 $ 600.50 $ 12,010.00 14 REPAIR/REPLACE LANDSCAPING SF 3000 $ 7.00 $ 21,000.00 $ 2.00 $ 6,000.00 $ 4.00 $ 12,000.00 $ 4.00 $ 12,000.00 $ 6.50 $ 19,500.00 15 EROSION CONTROL LS 1 $ 5,000.00 $ 5,000.00 $ 6,500.00 $ 6,500.00 $ 1,500.00 $ 1,500.00 $ 10,000.00 $ 10,000.00 $ 6,500.00 $ 6,500.00 16 MISCELLANEOUS CONCRETE CY 25 $ 1,050.00 $ 26,250.00 $ 1,100.00 $ 27,500.00 $ 300.00 $ 7,500.00 $ 480.00 $ 10,000.00 $ 665.60 $ 16,640.00 17 UNSUITABLE MATERIAL CY 50 (CA) $ 20.00 $ 1,000.00 $ 100.00 $ 5,000.00 $ 150.00 $ 7,500.00 $ 30.00 $ 1,500.00 $ 130.00 $ 6,500.00 $ 738,440.00 $ 781,283.00 $ 910,810.00 $ 759,075.00 $ 592,252.00 ITEM UNIT OF EST. UNIT ITEM UNIT ITEM UNIT ITEM UNIT ITEM UNIT ITEM NO. ITEM MEASURE QTY. PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL PRICE TOTAL 1 LOCATE AND PROTECT EX. UTILITIES LS 1 $ 5,000.00 $ 5,000.00 $ 12,000.00 $ 12,000.00 $ 2,000.00 $ 2,000.00 $ 10,000.00 $ 10,000.00 $ 13,000.00 $ 13,000.00 2 TRAFFIC CONTROL LS 1 $ 2,000.00 $ 2,000.00 $ 6,500.00 $ 6,500.00 $ 2,000.00 $ 2,000.00 $ 10,000.00 $ 10,000.00 $ 13,000.00 $ 13,000.00 3 CLEARING & GRUBBING LS 1 $ 1,200.00 $ 1,200.00 $ 3,600.00 $ 3,600.00 $ 1,500.00 $ 1,500.00 $ 5,000.00 $ 5,000.00 $ 10,000.00 $ 10,000.00 4 SHEETING, SHORING, AND BRACING LS 1 $ 2,000.00 $ 2,000.00 $ 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00 $ 6,000.00 $ 6,000.00 $ 4,000.00 $ 4,000.00 5 SAWCUT AND REMOVE PAVING SF 800 $ 3.00 $ 2,400.00 $ 2.10 $ 1,680.00 $ 5.00 $ 4,000.00 $ 6.00 $ 12,000.00 $ 10.62 $ 8,496.00 6 6" DIAMETER SANITARY SEWER - PIPE BURST LF 887 $ 115.00 $ 102,005.00 $ 132.00 $ 117,084.00 $ 182.00 $ 161,434.00 $ 140.00 $ 124,180.00 $ 65.00 $ 57,655.00 7 4" DIAMETER SANITARY SEWER - PIPE BURST LF 134 $ 110.00 $ 14,740.00 $ 112.00 $ 15,008.00 $ 170.00 $ 22,780.00 $ 125.00 $ 16,750.00 $ 117.50 $ 15,745.00 8 SANITARY SEWER MANHOLE EA 0 $ 7,500.00 $ - $ - $ - $ - $ - $ 15,000.00 $ - $ - $ - 9 RECONX. TO EXIST. SEWER SERVICE LATERALS EA 15 $ 2,250.00 $ 33,750.00 $ 2,100.00 $ 2,100.00 $ 1,400.00 $ 21,000.00 $ 1,000.00 $ 15,000.00 $ 1,863.00 $ 27,945.00 10 SANITARY SEWER CLEANOUT EA 3 $ 2,000.00 $ 6,000.00 $ 900.00 $ 2,700.00 $ 3,500.00 $ 10,500.00 $ 2,000.00 $ 6,000.00 $ 4,986.00 $ 14,958.00 11 CONCRETE SLURRY BACKFILL (CLASS 4) CY 75 $ 200.00 $ 15,000.00 $ 220.00 $ 16,500.00 $ 175.00 $ 13,125.00 $ 150.00 $ 11,250.00 $ 278.00 $ 20,850.00 12 3/4" CLEAN GRAVEL TON 45 $ 140.00 $ 6,300.00 $ 95.00 $ 4,275.00 $ 50.00 $ 2,250.00 $ 50.00 $ 2,250.00 $ 94.00 $ 4,230.00 13 ASPHALT CONCRETE TON 10 $ 200.00 $ 2,000.00 $ 410.00 $ 4,100.00 $ 350.00 $ 3,500.00 $ 300.00 $ 3,000.00 $ 786.00 $ 7,860.00 14 REPAIR/REPLACE LANDSCAPING SF 1150 $ 7.00 $ 8,050.00 $ 2.00 $ 2,300.00 $ 4.00 $ 4,600.00 $ 2.00 $ 2,300.00 $ 6.78 $ 7,797.00 15 EROSION CONTROL LS 1 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 500.00 $ 500.00 $ 5,000.00 $ 5,000.00 $ 4,550.00 $ 4,550.00 16 MISCELLANEOUS CONCRETE CY 16 $ 1,050.00 $ 16,800.00 $ 1,100.00 $ 17,600.00 $ 300.00 $ 4,800.00 $ 400.00 $ 6,400.00 $ 712.50 $ 11,400.00 17 UNSUITABLE MATERIAL CY 50 (CA) $ 20.00 $ 1,000.00 $ 100.00 $ 5,000.00 $ 150.00 $ 7,500.00 $ 40.00 $ 2,000.00 $ 130.00 $ 6,500.00 $ 219,745.00 $ 216,447.00 $ 263,489.00 $ 237,130.00 $ 227,986.00 ENGINEER'S ESTIMATE CAMPBELL CONST. CALIFORNIA TRENCHLESS VINCIGUERRA CONST. SORACCO
CITY OF SUTTER CREEK
BID SUMMARY
A SEWER MAIN PIPE BURSTING PROJECT FOR THE SUTTER OAKS RESIDENTIAL AREA BID OPENING : SEPTEMBER 26, 2023 1T 10:00 A.M.
BASE BID:
ALL NUMBERS SHOWN IN RED ARE MATHEMATICAL ERRORS ON CONTRACTOR'S BID SUMMARIES
SORACCO
ADDITIVE ALTERNATE #1 TOTAL
BASE BID TOTAL
ADDITIVE ALTERNATE #1:
ENGINEER'S ESTIMATE CAMPBELL CONST. CALIFORNIA TRENCHLESS VINCIGUERRA CONST. 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 CITY COUNCIL MEMBERS
MEETING DATE: NOVEMBER 6, 2023
FROM: SANDRA SPELLISCY, INTERIM CITY MANAGER
SUBJECT: AMENDMENTS TO SCMC CHAPTERS 2.06 AND 2.08
RECOMMENDATION:
Approve amendments on first reading, by title only. Move item to second reading at next regular Council meeting.
BACKGROUND:
The Council has previously discussed the need to update Chapter 2.06 of the municipal code in order to reflect the current practice of employing a city manager instead of a city administrator as the city’s chief administrative officer, and that the city operates under a Council/Manager form of government. The change to Chapter 2.08 is to codify that the city clerk is a city employee who reports to the city manager, and is not appointed by the Council.
DISCUSSION:
As the city contemplates hiring a new permanent city manager, it is important that the municipal code contain an accurate description of the job and its duties, as well as the governance structure of the city and the city council/city manager relationship. Without these changes, there is a conflict between the job that was advertised and offered and what is contained in the municipal code. The proposed amendments are primarily language changes, with substantive changes proposed that reflect current practices or that are necessary to allow for efficient city operations.
BUDGET IMPACT:
None
ATTACHMENTS:
Proposed changes to SCMC Chapters 2.06 and 2.08 (clean version). 13 1
ORDINANCE NO____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK REPEALING AND REENACTING CHAPTER 2.06 AND AMENDING SECTION 2.08.010
OF THE SUTTER CREEK MUNICIPAL CODE REGARDING
THE OFFICE OF CITY MANAGER
The City Council of the City of Sutter Creek, California does ordain asfollows:
Section 1
Chapter 2.06 of the Sutter Creek Municipal Code is repealed and reenacted as follows:
Chapter 2.06 CITY MANAGER
2.06.010 Office created.
The office of the city manager of the city is created and established. The city manager shall be appointed by the city council solely on the basis of his/her executive and administrative qualifications.
She/he shall hold office pursuant to a contract entered into between the city and the city manager. The City of Sutter Creek operates under a council/manager form of government wherein the city council is responsible for setting city policy and the annual budget, and the manager is responsible for implementing that policy and guiding city expenditures in accordance with the budget priorities.
Whenever a reference is made to "city administrator" or "city director," in this Code or in any other preexisting ordinance, resolution or action, that reference shall be deemed to mean "city manager" within the meaning of this Chapter.
2.06.020 Administrative head of city.
The city manager shall be the administrative head of the city government. She/he reports directly to the full city council and receives direction therefrom, but is not responsible to any individual council member. The manager shall have authority, including hiring, discipline and termination, over all department heads, employees, and all contract and professional employees, with the exception of the city attorney.
2.06.030 Powers and duties.
The city manager shall be responsible for the efficient administration of all the affairs of the city that are under his/her control. In addition to those general powers as administrative head, and not as a limitation thereon, it shall be his/her duty and she/he shall have the powers set forth as follows:
A. Enforcement. It shall be the duty of the city manager to enforce all laws and ordinances of the city and to see that all franchises, contracts, permits and privileges granted by the city council are faithfully observed.
B. Authority Over Employees. It shall be the duty of the city manager and she/he shall have the authority to control, order and give directions to all heads of departments and 14 2
to subordinate officers, employees, and all contracted and professional employees of the city under his/her jurisdiction, including hiring, discipline and termination.
C. Administrative Organization of Offices. It shall be the duty and responsibility of the city manager to organize the department structure and scheduling of all employees in order to promote the efficient, effective and economical conduct of the city's business.
D. Ordinances. It shall be the duty of the city manager to recommend to the city council for adoption such measures and ordinances as she/he deems necessary.
E. Financial Reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city.
F. Budget. It shall be the duty of the city manager to prepare and submit the proposed annual budget to the city council. The manager shall also propose an annual salary schedule for current and anticipated employees for the city, and shall be responsible for representing the city in negotiating the collective bargaining agreements with the city’s employee associations. Final approval of both budget and employee negotiations requires majority approval of the city council.
G. Purchasing Agent. It shall be the duty of the city manager to oversee the purchase of all supplies, equipment, services and other needs for all departments and divisions of the city in accordance with the city’s adopted budget and the city’s purchasing policy.
H. Investigations and Complaints. It shall be the duty of the city manager to make investigations into the affairs of the city and any department or division thereof, and the performance of any contract or other obligation of the city. Further, it shall be the duty of the city manager to investigate all complaints in relation to matters concerning the administration of the city government, unless the council delegates the investigation to another entity.
I. Signatures. The city manager shall have the same authority as the mayor to sign documents as specified in Section 40602 of the California Government Code, whenever such documents have been approved by the city council for execution.
Additionally, the city manager shall have the authority to sign on behalf of the city, without council review, routine authorizations so long as the execution is for the purpose of implementing an existing city policy, regulation, or approval. Only the city manager and the mayor shall be authorized to approve agreements on behalf of the city unless execution by another officer is expressly required by state or federal law.
2.06.040 Additional agreements.
Nothing in this chapter shall be construed as a limitation on the power or authority of the city council to enter into any supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with any provisions of this chapter. 15 3
2.06.050 Meetings.
A. Attendance. The city manager shall attend all meetings of the city council unless excused by the mayor or the city council, except when his/her employment, discipline or removal is under consideration by the city council. The city manager may attend any or all meetings of the planning commission, or any other commissions, boards or committees created by the council. While in attendance, she/he shall inform members of any matter being considered by the council within the jurisdiction of the body, and shall cooperate to the fullest extent with the members of all commissions, boards or committees appointed by the council.
B. Discussions. The city manager may take part in council discussions but may not vote.
She/he shall have the power to appear and address the council or any of its boards or commissions at any meeting.
C. Recommendations. The city manager, with the assistance of the city clerk, shall assemble the agenda packet for all regular, special and emergency city council meetings, and shall make reports or recommendations on agenda items for consideration as necessary or as requested by the city council.
2.06.060 Personnel.
A. Appointments. The city manager shall select qualified candidates to fill staff vacancies occurring within the city or to fill newly created positions.
B. Dismissal. The city manager shall approve the dismissal or suspension of any city employee with appropriate documentation and after following the processes set forth in the city’s personnel manual or any applicable collective bargaining agreement.
C. Performance Evaluations. The city manager is responsible to see that all city staff receive an annual performance evaluation. Department heads will evaluate their staff, with the final approval of the city manager regarding step increases, pay raises, performance bonuses, etc. The city manager's performance will be evaluated by the city council annually prior to any Council decisions regarding pay increases, benefit augmentations, etc. The city manager is responsible to audit and assure that all evaluations are consistent with the respective job descriptions as well as with all applicable city policies and procedures, and to conduct independent evaluations as she/he deems necessary. All evaluations will be discussed with the respective employees prior to becoming part of the personnel record.
D. General Supervision. The city manager shall be responsible for the overall supervision of all employees and for the day-to-day operations of the city.
2.06.070 Expenses.
The city manager shall be reimbursed for all actual and necessary expenses incurred by him/her in the performance of his/her official duties, including those incurred when traveling on business 16 4
pertaining to the city, pursuant to the city’s personnel policy manual. The council may require preauthorization of expenses in certain circumstances.
2.06.080 Compensation.
The salary and other benefits for the city manager shall be established by the council, agreed to by contract, and shall be reviewed immediately following the city manager’s annual performance evaluation. Such salary and benefits are to be independent of any salary or benefits negotiated for the benefit of other city employees unless so stated in the city manager’s contract.
2.06.090 Dismissal; Disability; Resignation; Exemption; Exception.
The city manager may be dismissed by the city council, with or without cause at any time for any reason or no reason. Ordinarily the Council shall give the city manager 30 days prior written notice of his/her dismissal, but this requirement may be waived by the council upon the finding of extraordinary circumstances that require immediate dismissal. The removal of the city manager shall be made by either a four-fifths vote of council if the dismissal is without cause, or a majority vote of the whole council in the instance of a “for cause” dismissal.
A. Removal For Cause. "For cause” is defined as any facts which the Council determines would constitute the basis for a serious disciplinary infraction. "For cause" includes, but is not limited to:
1. Fraud in securing employment;
2. Incompetence;
3. Inexcusable neglect of duty;
4. Insubordination;
5. Dishonesty;
6. Being under the influence of alcohol or a controlled substance while on duty;
7. Inexcusable absence without leave;
8. Conviction of a felony or misdemeanor that is of such a nature as to adversely affect the employee's ability to perform the duties and responsibilities of the city manager's position. A plea of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction with the meaning of this section;
9. A finding of unlawful discrimination, including harassment, on the basis of race, religious creed, color, national origin, ancestry, physical handicap, marital status, sex, sexual orientation, gender identity or age, against the public or other employees while acting in the capacity of city manager.
10. Material breach of the employment agreement.
17 5
B. Disability Termination. If the city manager shall, for whatever reason, become incapable of performing any of the essential functions of the position, even with reasonable accommodation by the city, 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 manager position requires him/her to devote a great deal of time both during and outside of normal office hours to the business of the city, the city manager acknowledges and agrees that granting a leave longer than the time period stated in this section shall constitute an undue hardship on the city. In accordance with applicable law, any request for leave that constitutes an undue hardship shall be grounds for “for cause” termination.
C. Hearing. Within three days after the delivery to the city manager of a notice of dismissal for cause, the city manager may, by written notification to the city clerk, request a hearing before the city council regarding its reasons for dismissal. The city council shall schedule a meeting to discuss the dismissal with the city manager within fourteen days of receipt of the written notice. The city council is under no obligation to take a particular action or any action during or after the conclusion the hearing.
D. Suspension Pending Hearing. After furnishing the city manager with written notice of an intended dismissal, the city council may suspend him/her from duty, but his/her compensation shall continue until the removal date set by the city council.
E. Resignation. The city manager shall give the city council thirty days prior written notice of his/her resignation from the position.
F. Exemption. The city manager is an exempt employee under the terms of the federal Fair Labor Standards Act, and shall not be represented by an association of, or an agent for, employees under his/her supervision, or any other employee association.
G. Exception. The city council shall not terminate the city manager’s employment without cause within 90 days prior to or after a municipal election for city council seats, or an election for the recall of a sitting council member or members. If the employment contract renewal date falls within this 180-day period, this prohibition does not apply to non-renewal of the employment contract.
Section 2
Section 2.08.010 of the Sutter Creek Municipal Code is amended as follows:
2.08.010 - Employee.
The city clerk shall be an employee of the City of Sutter Creek and serve under the direction of the city manager.
Section 3
All ordinances and parts of ordinances in conflict herewith are hereby repealed. 18 6
Section 4
The City Council determines that the provisions of this Ordinance are exempt from the California Environmental Quality Act because the instant ordinance involves continuing administrative activities and thus is not a project, as the Act defines, pursuant to Section 15378(b)(2) of the California Environmental Quality Act Guidelines. To the extent the adoption of this Ordinance constitutes a project, the City Council finds pursuant to CEQA Guideline Section 15061(b)(3) that the project is exempt from environmental review because it can be seen with certainty that the adoption of the ordinance would not have any significant impact on the environment.
This ordinance shall be published and posted in the manner required by law by the City Clerk.
Introduced at a meeting of the City Council of Sutter Creek on November 6, 2023, and enacted by the City Council of the City of Sutter Creek at a regular meeting held on November 20, 2023.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Sutter Creek City Council, held on this 20th day of November 2023, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
______________________________
Claire Gunselman, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
19 20
ORO MADRE WAY - LIMITS OF WORK ORO MADRE WAY
SUTTER IONE ROAD OAK COURT
MAHONEY MILL ROAD
(P) 12" DIA. SD
(HDPE) ±70 L.F.
(P) SD, DI AS DIRECTED BY ENGINEER TIE IN TO (E) CONC. CHANNEL (E) 12" DIA. SD (CMP) INSTALL (P) 12" DIA. SD ±40 L.F. (HDPE) TIE IN TO (E) 12" DIA. CMP AS DIRECTED 0 50 100 HATCH LEGEND: (E) CONCRETE DRIVEWAY (P) ASPHALT CONCRETE OVERLAY (P) SAWCUT, REPLACE AGGREGATE BASE & ASPHALT CONCRETE PAVEMENT SECTIONS NO WORK PERFORMED (E) SD, DI TO BE REMOVED AND REPLACED HATCH LEGEND, (Cont.): (P) SURFACE GRIND AND ASPHALT CONCRETE OVERLAY (P) SHOULDER BACKING MAHONEY MILL ROAD 261 251 241 231 221 211 201 191 181 171 161 151 141 250 255 251 251 244 LEGEND: CMP CORRUGATED METAL PIPE (E) EXISTING (P) PROPOSED SD STORM DRAIN PVC POLYVINYL CHLORIDE DI DROP INLET LINETYPE LEGEND: (E) STORM DRAIN (E) STORM DRAIN DROP INLET (P) STORM DRAIN (P) STORM DRAIN DROP INLET ### RESIDENTIAL ADDRESSFOOTBALL FIELD 21 ITEM UNIT OF EST. UNIT ITEM
NO. ITEM MEASURE QTY. PRICE TOTAL
1 LOCATE & PROTECT EXISTING UTILITIES LS 1 $5,000.00 $5,000.00 2 TRAFFIC CONTROL LS 1 $10,000.00 $10,000.00
3 CLEARING & GRUBBING LS 1 $5,000.00 $5,000.00
4 ASPHALT CONCRETE SURFACE GRIND SY 600 $15.00 $9,000.00 5 ASPHALT CONCRETE LEVELING COURSE TON 70 $400.00 $28,000.00 6 ASPHALT CONCRETE TON 550 $275.00 $151,250.00
7 AGGREGATE BASE TON 50 $100.00 $5,000.00
8 ADJUST SEWER CLEANOUT TO GRADE EACH 1 $1,000.00 $1,000.00 9 12-INCH DIAMETER STORM DRAIN LF 110 $250.00 $27,500.00 10 STORM DRAIN INLET EACH 2 $6,000.00 $12,000.00
11 SANITARY SEWER MANHOLE EACH 3 $8,000.00 $24,000.00
12 CEMENT SLURRY BACKFILL CY 20 $250.00 $5,000.00
13 UNSUITABLE MATERIAL CY 10 $100.00 $1,000.00
$283,750.00
$28,375.00
$42,562.50
TOTAL CONSTRUCTION COST $354,687.50
CONSTRUCTION SUBTOTAL
CONSTRUCTION MANAGEMENT (15%)
CITY OF SUTTER CREEK
PRELIMINARY ENGINEER'S ESTIMATE
ORO MADRE WAY ASPHALT CONCRETE OVERLAY PROJECT
10/31/2023
CONSTRUCTION CONTINGENCY (10%)
22 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: NOVEMBER 6, 2023
FROM: MASON PETERS, FINANCE SUPERVISOR
SUBJECT: FY 23-24 Q1 EXPENSE/REVENUE ANALYSIS
RECOMMENDATION:
Informational only.
BACKGROUND:
To provide information regarding status of expenditures and revenues compared to the operating budget for fiscal year 2023-24.
INTRODUCTION:
This report serves as a “budget health” update when looking at the relationship between budgeted and actual revenues and expenses for the first quarter of the 2023-2024 fiscal year. As a rule of thumb, by the end of Q1, accounts should be hovering at 25% of adopted budget figures. However, exceptions do exist and notable mentions are listed below in more detail.
DISCUSSION:
Revenues:
• Property tax revenues typically appear in the 3rd quarter each year, and although we have some currently posted, the vast majority should be received in mid/late Q3. • Franchise fees look mostly on track with the exception of no revenues from PG&E. Staff will look into why.
• TOT is on track, although we are brainstorming ideas on how to track short-term vacation rentals (Airbnb, VRBO, etc.) to maximize revenue in this area. • Retail sales tax is on track, as well as business licenses. • Fund 10 Account 34410 (Fees – Sewer Service Undist) is performing under expectations, 4% under last year’s Q1 figures. This is after a rate increase in July by $1.51 per ESFU. 22-23 FY was underperforming in Q1 as well, but only by 2.5% compared to that budget.
I will continue to investigate this and report back.
• The City’s major grants (SB2 and Bryson Park) were both finalized prior to the funding deadline of 9/30/23 and reimbursement requests are submitted. The LEAP grant was underutilized but the City was able to file for an extension; we have received a tentative approval for our extension into fall of 24-25 FY.
23 2
Expenses:
• Cemetery expenses primarily consist of payroll costs for Public Works and City Clerk.
Payroll allocations to this fund might need to be altered to prevent overcharging by YE. • Pool expenditures typically peak in summer months, but slow down as the year progresses since it is not being used as often. I will monitor as we move through Q2. • Visitor Center expenses listed were costs involved in finalizing its closing. All costs listed were charged in July/August while utilities, services, and facility clean-up were occurring.
• Central Services expenses in Q1 are at 100%+ due to our annual insurance payment to CSJVRMA. This is a once-per-year charge.
24 Fiscal Year 2023-24 Expense Report
FUND FUND Name DEPT DEPT Name Adopted Budget Year-to-Date Actual 1 General Fund 1010 City Council 20,605.00 4,904.20
1 General Fund 1020 City Clerk 78,927.00 18,137.51
1 General Fund 1030 City Treasurer 2,523.00 605.55
1 General Fund 1040 City Manager 125,715.00 25,589.49
1 General Fund 1050 Finance 172,340.00 36,803.64
1 General Fund 1060 Police Dept 1,195,514.00 266,646.26 1 General Fund 1090 Planning 156,350.00 12,103.47
1 General Fund 1115 Engineering 155,000.00 14,328.03
1 General Fund 1130 Parks & Recreat 220,005.00 56,144.72 1 General Fund 1150 Marketing 57,430.00 11,119.70
1 General Fund 1510 Sewer Treatment - 309.89
1 General Fund 6100 Central Services 192,525.00 152,746.96 1 General Fund 6130 City Attorney 30,000.00 3,803.71
FUND TOTAL 2,406,934.00 603,243.13
3 Streets/Sidewal 1020 City Clerk 16,110.00 3,173.60
3 Streets/Sidewal 1040 City Manager 25,142.00 4,949.89
3 Streets/Sidewal 1050 Finance 32,809.00 6,060.25
3 Streets/Sidewal 1120 Streets/Roads 188,454.00 39,155.47 FUND TOTAL 262,515.00 53,339.21
4 Crestview Lgt/D 1120 Streets/Roads 1,904.00 11.68
4 Crestview Lgt/D 1450 CrestView Lgt - 200.14
4 Crestview Lgt/D 1510 Sewer Treatment - 2.50
FUND TOTAL 1,904.00 214.32
7 Cemetery 1020 City Clerk 1,613.00 373.45
7 Cemetery 1050 Finance 1,613.00 -
7 Cemetery 1130 Parks & Recreat - 556.93
7 Cemetery 1400 Cemetery - 566.75
FUND TOTAL 3,226.00 1,497.13
10 Sewer M&O 1020 City Clerk 32,223.00 6,374.52
10 Sewer M&O 1040 City Manager 50,286.00 10,267.65
10 Sewer M&O 1050 Finance 126,385.00 27,538.35
10 Sewer M&O 1510 Sewer Treatment 1,251,053.00 109,220.75 10 Sewer M&O 1520 Sewer Collectio 1,069,042.00 27,926.92 10 Sewer M&O 6100 Central Services 192,525.00 152,521.91 10 Sewer M&O 6130 City Attorney 30,000.00 3,803.71
FUND TOTAL 2,751,514.00 341,132.49
17 M.V.Store Trust 1720 MonteVerde Muse 3,791.00 411.51 FUND TOTAL 3,791.00 411.51
25 29 Swimming Pool 1140 Swimming Pool 71,947.00 34,318.99 FUND TOTAL 71,947.00 34,318.99
42 AB 1600 1060 Police Dept - 328.98
FUND TOTAL - 328.98
59 Building Facili 1050 Finance 45,070.00 8,770.90
59 Building Facili 1130 Parks & Recreat 126,372.00 1,470.85 FUND TOTAL 171,442.00 18,986.35
80 Effluent Disp. 1020 City Clerk 32,223.00 7,391.44
80 Effluent Disp. 1040 City Manager 50,286.00 10,256.30 80 Effluent Disp. 1050 Finance 33,209.00 7,482.79
80 Effluent Disp. 1600 Effluent 426,752.00 90,871.84
FUND TOTAL 542,470.00 118,152.07
81 Visitor Center 1150 Marketing - 979.50
81 Visitor Center 1155 Visitor Center - 789.11
FUND TOTAL - 1,768.61
89 CIP 1090 Planning - 16,986.92
89 CIP 1130 Parks & Recreat - 16,221.65
89 CIP 7110 WWTP Grant - 33,821.50
FUND TOTAL - 67,030.07
26 Pct(%) Remaining Budget Projected YTD
23.80% 15,700.80 20,605.00
22.98% 60,789.49 78,927.00
24.00% 1,917.45 2,523.00
20.36% 100,125.51 125,715.00
21.36% 135,536.36 172,340.00
22.30% 928,867.74 1,195,514.00
7.74% 144,246.53 156,350.00
9.24% 140,671.97 155,000.00
25.52% 163,860.28 220,005.00
19.36% 46,310.30 57,430.00
- (309.89) 309.89
79.34% 39,778.04 192,525.00
12.68% 26,196.29 30,000.00
25.06% 1,803,690.87 2,406,934.00
19.70% 12,936.40 16,110.00
19.69% 20,192.11 25,142.00
18.47% 26,748.75 32,809.00
20.78% 149,298.53 188,454.00
20.32% 209,175.79 262,515.00
0.61% 1,892.32 1,904.00
- (200.14)
- (2.50)
11.26% 1,689.68 1,904.00
23.15% 1,239.55 1,613.00
0.00% 1,613.00 1,613.00
- (556.93) 556.93
- (566.75) 566.75
46.41% 1,728.87 3,226.00
19.78% 25,848.48 32,223.00
20.42% 40,018.35 50,286.00
21.79% 98,846.65 126,385.00
8.73% 1,141,832.25 1,251,053.00
2.61% 1,041,115.08 1,069,042.00
79.22% 40,003.09 192,525.00
12.68% 26,196.29 30,000.00
12.40% 2,410,381.51 2,751,514.00
10.85% 3,379.49 3,791.00
10.85% 3,379.49 3,791.00
27 47.70% 37,628.01 71,947.00
47.70% 37,628.01 71,947.00
- (328.98) 328.98
- (328.98) 328.98
19.46% 36,299.10 45,070.00
1.16% 124,901.15 126,372.00
11.07% 152,455.65 171,442.00
22.94% 24,831.56 32,223.00
20.40% 40,029.70 50,286.00
22.53% 25,726.21 33,209.00
21.29% 335,880.16 426,752.00
21.78% 424,317.93 542,470.00
- (979.50) 979.50
- (789.11) 789.11
- (1,768.61) 1,768.61
- (16,986.92) 16,986.92
- (16,221.65) 16,221.65
- (33,821.50) 33,821.50
- (67,030.07) 67,030.07
28 FUND FUND Name ACCT ACCT Name Annual Budget
1 General Fund 30100 Prop Tax - Secured (County) 620,000.00 1 General Fund 30105 Property Tax in Lieu of MVLF 290,000.00 1 General Fund 30110 Prop Tax - Curr Supple(County) 15,000.00 1 General Fund 30115 Delinquent Supplemental 2,800.00
1 General Fund 30200 Prop Tax - Unsecured (County) 12,000.00 1 General Fund 30210 Unsecured Supplemental -
1 General Fund 30220 Delinqt Unsecured Supplemental -
1 General Fund 30900 Prop Tax - Unsecured Prior (Co -
1 General Fund 31660 Tax, Franchise - Aces Waste 61,880.00 1 General Fund 31662 Tax, Franchise - Comcast 35,000.00 1 General Fund 31664 Tax, Franchise - PG&E 53,000.00
1 General Fund 31670 Tax, Transfer - Real Property 21,000.00 1 General Fund 31850 Tax, TOT - Transient Lodge Tax 350,000.00 1 General Fund 31930 Tax - Gen'l Retail Sales 450,000.00 1 General Fund 32100 License - Business 55,000.00
1 General Fund 32111 Permit - Encroachments 31,000.00
1 General Fund 32125 Permit - Garage Sale 50.00
1 General Fund 32130 Permit / Licenses - Other 750.00
1 General Fund 32135 Permit - Signs 800.00
1 General Fund 33120 Sales Tax-Public Safety 16,000.00
1 General Fund 33500 SB 2 State Planning Grant 25,500.00 1 General Fund 33505 LEAP 57,100.00
1 General Fund 33510 State Cops Grant 190,000.00
1 General Fund 33512 Hm Prop Tax Relief - Exemption 6,000.00 1 General Fund 34130 Zoning Application Fees 200.00
1 General Fund 34131 Subdivision fees 5,500.00
1 General Fund 34132 Fees - Variance & conditional 1,000.00 1 General Fund 34135 Site Plans 50,000.00
1 General Fund 34139 Building Permit Fees 65,000.00
1 General Fund 34140 Plan Check Fees 68,000.00
1 General Fund 34141 Fees-PD Services 250.00
1 General Fund 34160 Fees - Police Reports 800.00
1 General Fund 34168 Concealed Weapon 600.00
1 General Fund 34210 PD Fee Special Services 1,500.00
1 General Fund 34385 Fees - Admin Charges -
1 General Fund 35130 Fines - Vehicle Code 8,000.00
1 General Fund 36100 Income - Interest Earnings 2,500.00 1 General Fund GRAND TOTAL 2,496,230.00
3 Streets/Sidewal 33005 Vehicle License Fee 2,800.00
3 Streets/Sidewal 33551 2107 Highway User Tax 21,000.00 3 Streets/Sidewal 33552 2106 Highway User Tax 16,000.00 3 Streets/Sidewal 33553 2105 Highway User Tax 15,000.00 3 Streets/Sidewal 33554 2107-5 Highway User Tax 1,000.00 3 Streets/Sidewal 33556 2103 Highway User Tax 22,000.00 29 3 Streets/Sidewal 33558 Road Maintenance & Rehabilit 65,000.00 3 Streets/Sidewal 33559 RSTP -
3 Streets/Sidewal 36100 Income - Interest Earnings 25.00 3 Streets/Sidewal GRAND TOTAL 142,825.00
4 Crestview Lgt/D 34280 Street Lighting Charges 2,650.00 4 Crestview Lgt/D 36100 Income - Interest Earnings -
4 Crestview Lgt/D GRAND TOTAL 2,650.00
9 HMGP-Hazard Mit 36100 Income - Interest Earnings -
9 HMGP-Hazard Mit GRAND TOTAL -
10 Sewer M&O 33520 WWTP Grant State Water Board 150,000.00 10 Sewer M&O 34390 Effluent Disposal 298,004.00
10 Sewer M&O 34410 Fees - Sewer Service Undist 1,953,727.00 10 Sewer M&O 34411 Fees - Sewer Connection Charge 37,500.00 10 Sewer M&O 34412 Septic Dumping Fee 52,000.00
10 Sewer M&O 34413 Contract Sewer Rev AWA 203,093.00
10 Sewer M&O 34414 Sewer Svc Chrges Amador City 44,475.00 10 Sewer M&O 34479 Late Charges 34,680.00
10 Sewer M&O 36100 Income - Interest Earnings 6,000.00
10 Sewer M&O GRAND TOTAL 2,779,479.00
17 M.V.Store Trust 36100 Income - Interest Earnings -
17 M.V.Store Trust 36700 Income - Donations, Private So 3,791.00 17 M.V.Store Trust GRAND TOTAL 3,791.00
29 Swimming Pool 36710 Swimming Pool Revenues -
29 Swimming Pool GRAND TOTAL -
48 Covid-19 36100 Income - Interest Earnings -
48 Covid-19 GRAND TOTAL -
57 HOME Grant CA 33500 SB 2 State Planning Grant -
57 HOME Grant CA GRAND TOTAL -
59 Building Facili 34745 Historical Grammer School Rev 14,000.00 59 Building Facili 34746 Cribbs Field/Snack Shack Rent 200.00 59 Building Facili 34747 Cribbs/Snack Utilities -
59 Building Facili 34748 Fees - Community Ctr Utilities 3,000.00 59 Building Facili 34749 Fees - Community Center 6,500.00 59 Building Facili 34750 Fees - Auditorium Use 12,000.00 59 Building Facili 34751 Lease Revenue-AT&T Wireless 37,800.00 59 Building Facili 34752 Fees- Auditorium Utilities 4,500.00 59 Building Facili 34753 Fees-Jazzercise Rental Income 12,000.00 59 Building Facili GRAND TOTAL 90,000.00
30 80 Effluent Disp. 34390 Effluent Disposal
-
80 Effluent Disp. GRAND TOTAL -
91 Road CIP 36100 Income - Interest Earnings -
91 Road CIP -
31 Year-to-Date Actual Pct(%) Difference Projected YTD
39,248.65 6.33% 580,751.35 620,000.00
- 0.00% 290,000.00 290,000.00
6,763.48 45.09% 8,236.52 15,000.00
111.28 3.97% 2,688.72 2,800.00
2,368.33 19.74% 9,631.67 12,000.00
591.00 - (591.00) 591.00
20.26 - (20.26) 20.26
253.48 - (253.48) 253.48
10,076.32 16.28% 51,803.68 61,880.00
7,685.51 21.96% 27,314.49 35,000.00
- 0.00% 53,000.00 53,000.00
6,179.26 29.43% 14,820.74 21,000.00
97,773.59 27.94% 252,226.41 350,000.00
113,909.48 25.31% 336,090.52 450,000.00
14,016.00 25.48% 40,984.00 55,000.00
882.50 2.85% 30,117.50 31,000.00
30.00 60.00% 20.00 50.00
385.00 51.33% 365.00 750.00
600.00 75.00% 200.00 800.00
2,490.12 15.56% 13,509.88 16,000.00
- 0.00% 25,500.00 25,500.00
- 0.00% 57,100.00 57,100.00
- 0.00% 190,000.00 190,000.00
- 0.00% 6,000.00 6,000.00
- 0.00% 200.00 200.00
- 0.00% 5,500.00 5,500.00
1,019.17 101.92% (19.17) 1,019.17
15,863.33 31.73% 34,136.67 50,000.00
35,133.51 54.05% 29,866.49 65,000.00
16,900.59 24.85% 51,099.41 68,000.00
93.95 37.58% 156.05 250.00
335.00 41.88% 465.00 800.00
- 0.00% 600.00 600.00
4.76 0.32% 1,495.24 1,500.00
150.00 - (150.00) 150.00
3,491.49 43.64% 4,508.51 8,000.00
804.76 32.19% 1,695.24 2,500.00
377,180.82 15.11% 2,119,049.18 2,496,230.00
- 0.00% 2,800.00 2,800.00
5,392.20 25.68% 15,607.80 21,000.00
4,065.50 25.41% 11,934.50 16,000.00
3,883.90 25.89% 11,116.10 15,000.00
1,000.00 100.00% - 1,000.00
6,942.78 31.56% 15,057.22 22,000.00
32 15,893.21 24.45% 49,106.79 65,000.00
45,600.00 - (45,600.00) 45,600.00
- 0.00% 25.00 25.00
66,884.38 46.83% 75,940.62 142,825.00
- 0.00% 2,650.00 2,650.00
15.59 - (15.59) 15.59
15.59 0.59% 2,634.41 2,650.00
4.07 - (4.07) 4.07
4.07 - (4.07) 4.07
- 0.00% 150,000.00 150,000.00
- 0.00% 298,004.00 298,004.00
416,451.46 21.32% 1,537,275.54 1,953,727.00
- 0.00% 37,500.00 37,500.00
14,831.79 28.52% 37,168.21 52,000.00
51,838.66 25.52% 151,254.34 203,093.00
10,430.66 23.45% 34,044.34 44,475.00
8,030.44 23.16% 26,649.56 34,680.00
4,263.02 71.05% 1,736.98 6,000.00
505,846.03 18.20% 2,273,632.97 2,779,479.00
1.64 - (1.64) 1.64
- 0.00% 3,791.00 3,791.00
1.64 0.04% 3,789.36 3,791.00
9,189.00 - (9,189.00) 9,189.00
9,189.00 - (9,189.00) 9,189.00
1,923.04 - (1,923.04) 1,923.04
1,923.04 - (1,923.04) 1,923.04
29,034.40 - (29,034.40) 29,034.40
29,034.40 - (29,034.40) 29,034.40
4,463.50 31.88% 9,536.50 14,000.00
240.00 120.00% (40.00) 240.00
75.00 - (75.00) 75.00
575.00 19.17% 2,425.00 3,000.00
1,930.00 29.69% 4,570.00 6,500.00
2,350.00 19.58% 9,650.00 12,000.00
8,700.00 23.02% 29,100.00 37,800.00
800.00 17.78% 3,700.00 4,500.00
2,670.00 22.25% 9,330.00 12,000.00
21,803.50 24.23% 68,196.50 90,000.00
33 41,625.50
- (41,625.50) 41,625.50
41,625.50 - (41,625.50) 41,625.50
356.38 - (356.38) 356.38
16,249.67 - (16,249.67) 16,249.67
34 RESOLUTION 23-24-*
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
AUTHORIZING THE EXECUTION OF THE EMPLOYMENT AGREEMENT FOR
CITY MANAGER SERVICES WITH TOM DUBOIS
WHEREAS, the City requires the services of a City Manager to serve as the City’s chief executive officer.
WHEREAS, the City Council desires to employ Tom DuBois as its City Manager and Mr. DuBois wishes to accept employment for this position.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Sutter Creek authorizes the Mayor to execute the Employment Agreement for City Manager Services Between the City of Sutter Creek and Tom DuBois 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 6th day of November 6, 2023, by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
____________________________________
Claire Gunselman, Mayor
______________________________________
Karen Darrow, City Clerk
35 4893-9544-0524.1
1 EMPLOYMENT AGREEMENT
CITY OF SUTTER CREEK
CITY MANAGER
This Agreement (“Agreement”) is entered into and effective on November 7, 2023 between the City of Sutter Creek ("City") and Tom DuBois ("Employee" or "City Manager").
RECITALS
A. WHEREAS, the City of Sutter Creek wishes to engage the services of Employee as the City Manager, duly recognized in the Sutter Creek Municipal Code (2.06.010 SCMC, as amended) 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 the City Manager 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 Municipal Code. Sutter Creek Municipal (SCMC) Chapter 2, Section 06.010 through Section 06.080 are incorporated herein. These provisions of the SCMC shall form a part of this Agreement, made pursuant to the authority provided for in Section 2.06.040 (SCMC). Should any provision of this Agreement conflict with these provisions of the SCMC, the SCMC shall prevail. The parties agree and acknowledge that the Employee reports directly to the City Council of the City of Sutter Creek and may be removed for cause with a 3/5 vote of the City Council or without cause with a 4/5 vote of the City Council in attendance at any regular or special meeting.
2. Effective Date. The effective date of this Agreement and the commencement of the City Manager’s employment shall be November 7, 2023. This agreement shall be in effect until November 7, 2025 (the “Initial Term”), or the date of earlier termination in accordance with the provisions in this Agreement. On or before November 7, 2024, and on or before each succeeding November 7 while this Agreement is in effect, the Initial Term, and any subsequent Term, of this Agreement shall be extended for successive periods of one (1) year, unless the Council or Employee decides to not extend the agreement, or the agreement is otherwise terminated by City or Employee in accordance with the provisions herein. Both the City and the Employee understand that the City Manager 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 the City Manager to perform, without limitation, the duties set forth by statute or any relevant City ordinances and resolutions, and such other legally permissible and proper duties and functions as the City Council may 36 4893-9544-0524.1
2 assign from time to time. The City Manager 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 established by the City Council.
The City Manager 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 City Council may withhold in its sole discretion.
The City acknowledges that the City Manager is, as of the Effective Date, the interim Executive Director of La Comida, a non-profit in Palo Alto, California providing Senior nutrition. The City Council finds no conflict, and grants permission to the City Manager to continue providing services to La Comida on non-Sutter Creek working time. The outside work shall end within 12 months of the effective date of this agreement.
The City Manager may serve on nonprofit boards of directors where there is no conflict nor interference with his City Manager duties. The City Manager 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 City Manager must annually complete financial disclosure forms as required by law.
The City Manager is an exempt employee, and as such is expected to engage in all of those hours of work that are necessary to fulfill the obligations of the City Manager’s position.
The City Manager does not have set hours of work, but as the City Manager is expected to be available at all times. In general, the City Manager should be available to staff, the City Council, outside agencies and community members during the normal business hours of a typical work week. Although the City Manager may choose from time to time to work from home or otherwise remotely, during the first six-months of employment it is expected that the City Manager will spend an average of four (4) weekdays on site in Sutter Creek.
4. Compensation and Benefits.
A. Compensation. The City agrees to pay the Employee for their services rendered as the City Manager an initial annual salary of One Hundred Seventy-five Thousand Dollars and Zero Cents ($175,000.00) payable in installments at the same time and manner as other employees of the City, and in accordance with the requirements of the federal Fair Labor Standards Act for an exempt employee. The City shall not, at any time during the term of this Agreement, reduce the base salary, compensation or other financial benefits of the City Manager, and then in no greater percentage than the average reduction of all affected employees. Reduction in a percentage greater than the average reduction of all affected staff shall constitute termination without cause. This provision does not apply if the reductions are part of a mutually agreed to change in the terms of the employment agreement.
37 4893-9544-0524.1
3 B. Benefits.
1. Vacation – Upon commencement of employment, the City Manager shall be credited with 80 hours of accrued vacation. The City Manager shall accrue 160 hours of paid vacation leave per year. Up to 80 hours of vacation leave can be carried over into the following year, to a maximum of 160 hours of total accrued leave. Accrued vacation leave is payable upon termination of employment.
2. Medical, Dental, Vision and other insurance benefits shall be provided in the same manner as specified in the memorandum of understanding between the City of Sutter Creek and SEIU Local 1021.
3. Deferred Compensation – The City shall provide payroll deduction if Employee elects to participate in the employee-sponsored deferred compensation plan.
4. Disability – The City shall provide up to $250.00 per month for Employee to use toward premiums for short-term and long-term disability insurance and life insurance available through the City’s section 125 cafeteria plan.
5. Vehicle Allowance – The City shall provide the City Manager a monthly allowance of $325.00 for use toward a vehicle or vehicle-related expenses.
6. Temporary Housing Allowance – Beginning on the first payday following the effective date of this agreement and continuing on the first payday of each successive month for up to twelve months, the Employee will receive $2,500.00 in the form of a loan from the city to pay for a temporary housing allowance, up to a total amount of no more than $30,000.00. The loan will accrue interest at the rate of 2% per annum. No payments on principal or interest will be due for 36 months after the commencement date, unless the contract is otherwise terminated pursuant to the provisions of this agreement, at which time the principal and interest accrued will be due in full 10 days prior to the final day of employment. Following the three-year anniversary date of employment, the City Council shall determine whether to forgive the loan in part or in full, or to institute a payment plan. The full terms of the loan will be set forth in a separate agreement to be signed by both parties.
C. Sick Leave. Employee shall accrue sick leave at the rate of 8 hours per month.
Sick leave may be accrued without limitation but accrued leave is not payable upon termination.
D. Holidays. Employee is entitled to the same holidays with pay as non-exempt fulltime employees (13 recognized holidays, and 2 floating holidays).
E. SSI/Medicare Benefit. Employee will pay the full employee portion of Social Security/Medicare contributions.
F. Public Employees Retirement System (CalPERS). The City will pay the employer portion of any retirement contributions. Employee will pay the employee portion. Employee will be eligible for the type of CalPERS enrollment in effect based on Employee status at the time of hire.
38 4893-9544-0524.1
4 G. Business Expenses. City will reimburse Employee for business expenses based on the policies contained in the Sutter Creek Municipal Code. City will provide a laptop computer and cell phone for Employee’s business use. City will also reimburse Employee for the internetonly portion of any telecommunications service used at the Employee’s local residence for business purposes. Mileage reimbursement for city-related travel will not be provided as long as Employee is receiving a vehicle allowance.
H. Tax Liability. Employee is responsible for any state and federal income tax liability for excess benefits.
5. Professional Growth and Standing. The City encourages the continuing professional growth of the City Manager through their participation in such activities as:
A. Conferences, programs, and other activities conducted by or sponsored by local, or state, or national associations (such as ICMA or Cal Cities); 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 City Manager to perform their professional responsibilities for the City; and
D. Subscription to and reading of appropriate Cal Cities or similar bulletins, and periodicals.
The City agrees to budget for and pay the City Manager'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 and in which the City or 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, on or prior to the anniversary date of this Agreement, and no less than annually thereafter, review the performance of the City Manager. As part of any performance appraisal, the City Manager shall be afforded the opportunity to review his own performance. The City Council shall also, as it deems appropriate, and with the participation of the City Manager, establish any new goals and objectives for the City Manager, and may also review and set the level of compensation and benefits payable to the City Manager. Every performance review/appraisal shall be documented in writing.
7. Termination of Employment and Severance. The City Manager's employment may be terminated in accordance with the provisions of this section:
39 4893-9544-0524.1
5 A. At-Will Employee. The City Manager serves at the pleasure of the City Council and nothing shall be understood to prevent, limit or otherwise interfere with the right of the City Council to terminate the services of the City Manager at any time with or without cause. There is no express or implied promise made to the City Manager for any form of continued employment.
This Agreement is the sole and exclusive basis for an employment relationship between the City Manager and the City.
B. Termination Not-For-Cause. In the exercise of its sole discretion, the City Council may terminate the City Manager for reasons other than cause, by providing thirty-days prior written notice.
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 City Manager or in the event the City Manager is terminated by the City Council “for cause" as defined below.
In the event of termination “for cause,” the City shall be under no obligation to the City Manager under this Agreement except for prorated salary and benefits due and unpaid to the date of termination. Upon death, these payments shall be made to the heirs of the City Manager. “For Cause” termination shall be determined by the provisions of section 2.06.090 (as amended November 2023) of the Sutter Creek Municipal Code.
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 the City, 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 Manager position requires Employee to devote a great deal of time both during and outside of normal office hours to the business of the City, Employee acknowledges and agrees that granting a leave longer than the time period stated in this section may constitute an undue hardship on the City. In accordance with applicable law, any request for leave that constitutes an undue hardship shall be considered a “for cause” termination of this Agreement.
E. Resignation/Retirement of City Manager. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to resign at any time from their position with the City. The City Manager may terminate the Agreement by submitting 30- days written notice of her/his resignation to the City.
F. Severance Pay. Subject to Government Code Section 53260(a), in the event the services of the City Manager are terminated without cause upon the initiative and action of the City Council, the City shall pay to the City Manager at the time of such termination severance pay equal to three months of base pay in the first year of employment, four months of base pay in the second year of employment, and six months of base pay in the third year and successive years of employment, for a maximum of six months of severance payments regardless of the length of employment. The severance payment will be made in a lump sum and shall not include payments for additional benefits or retirement. The City Council’s decision to not extend this 40 4893-9544-0524.1
6 agreement upon its expiration date constitutes a termination without cause for the purposes of this provision only.
G. Communications Upon Separation. In the event the City terminates the City Manager for any reason or no reason, the City and the City Manager agree that no member of the City Council, the City Management staff, nor the City Manager, shall make any written, oral or electronic statement to any member of the public, the press, or any City employee concerning the City Manager’s termination except in the form a joint press release or statement, the content of which is mutually agreeable to the City and the City Manager. The joint press release or statement shall not contain any text or information that is disparaging of either party. Either party may verbally repeat the substance of the joint press release or statement in response to any inquiry.
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 the City Manager 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 City Manager with respect to the City Manager's employment. 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. Any amendment that alters the salary or benefits provided to the City Manager 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. 41 4893-9544-0524.1
7 C. Attorneys’ Fees. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorneys’ fees and costs, in addition to any other relief.
D. Reimbursement of City. The provisions of California Government Code sections 53243 to 53243.4, as those sections now or hereafter exist, are hereby incorporated by reference into this Agreement. If the City Manager is convicted of a crime involving an abuse of his office or position, whether before or after release from employment, the City Manager shall fully reimburse the City for any severance pay, paid leave, salary disbursed pending an investigation related to the crime, or legal criminal defense funds relevant to the crime.
E. 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
Sutter Creek, CA 95685
(ii) CITY MANAGER: Tom DuBois
City Manager
18 Main Street
Sutter Creek, CA 95685
(iii) COPY TO: Derek Cole, City Attorney
Cole Huber LLP
2281 Lava Ridge Court, Ste 300
Roseville, CA 95661
All notices, requests, demands, consents and other communications 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 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 of which either party shall give written notice pursuant to this section.
F. 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.
G. Assignment. This Agreement is not assignable by the City or the City Manager.
H. 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 42 4893-9544-0524.1
8 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.
I. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their successors, heirs, agents and personal representatives.
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 and by the City Manager on his own behalf on the date written below.
CITY OF SUTTER CREEK
______________________________________
By: Claire Gunselman, Mayor
DATE: ______________________________________
CITY MANAGER
______________________________________
By: Tom DuBois, City Manager
DATE: ______________________________________
APPROVED AS TO FORM:
______________________________________
Derek Cole, City Attorney
Cole Huber LLP
43 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: NOVEMBER 6, 2023
FROM: SANDRA SPELLISCY, INTERIM CITY MANAGER
SUBJECT: ARSA/SUTER CREEK RELATIONSHIP UPDATE
RECOMMENDATION:
Informational.
BACKGROUND:
Early in my tenure as interim city manager I was directed by Council to take the necessary steps to resolve the financial issues arising from the 2002 spray easement agreement between Sutter Creek and ARSA. I was also asked to look at the continued viability of the city as a partner in the ARSA JPA contract. This item is intended to update the Council on those efforts.
DISCUSSION:
At the time that I received the direction from Council, it was not anticipated that I would take over the position as ARSA General Manager. That role has complicated somewhat my ability to follow through with Council’s requests. Since I have been GM, the ARSA Board has had two extended discussions regarding the 2002 agreement. My most recent memo to the ARSA Board on this subject is attached to this staff report. I now believe that there is a consensus among the majority of the ARSA Board members to execute a termination and release of liability agreement pertaining to the 2002 contract, but, unfortunately, I was not able to “seal the deal” at the last ARSA Board meeting. My recommendation is that the City continue to pursue a written understanding with ARSA that the 2002 agreement is no longer in effect and that both sides are relieved of any further obligation under the contract.
I also still believe that operating ARSA as an independent JPA is no longer in the best financial or operational interests of the City or the partnership, and continue to recommend that the city pursue the termination of the JPA agreement and the transfer of the ARSA responsibilities to the City of Sutter Creek.
ATTACHMENTS:
Memo from S. Spelliscy to ARSA Board – 10/25/23
Memo from Sean Rabe to SC City Council, ARSA – 06/14/11 44 1
TO: ARSA Board Members
FROM: Sandra Spelliscy, Interim General Manager
RE: ARSA/City of Sutter Creek agreement re: Noble Ranch October 25, 2023
BACKGROUND
In late August 2001 the City of Sutter Creek entered into an agreement with the Noble sisters to purchase approximately 833 acres south and west of the city limits known as Noble Ranch. The city’s intended use for the property was to develop a long-term solution for its wastewater system effluent disposal. The closing date for the transaction was set for April 30, 2002.
Almost immediately the city entered into an assignment agreement with a golf course developer named Troy Claveran to obtain funds to pay the required deposits and earnest money due under the property purchase agreement. The agreement give Claveran options on unused portions of the property for a golf course development, and was modified twice by the parties over the next year. At the same time the city began investigating its ability to sell certificates of participation to obtain the funds for the property purchase.
Over the course of the next year Claveran created an LLC called Gold Rush Golf Development (Gold Rush) and assigned his option interests to the LLC. The city was also notified by its bond counsel that it would not be able to sells bonds in order to finance the purchase of the property. Recognizing that it could not uphold its promises under the original property purchase agreement, the city assigned its rights to Gold Rush on April 25, 2002. Under the assignment agreement, the city was to pay into escrow $750,000 toward the purchase price. $300,000 of those funds were to come from the city, and the remaining $450,000 were to be paid by ARSA. The assignment agreement contained the following language:
1. At least one business day prior to the closing, Gold Rush shall deliver into escrow a fully executed and notarized Irrigation Easement with instructions to the Escrow Agent to record the Irrigation Easement immediately following the recordation of the grant deed conveying fee title to Gold Rush.
2. The City and Gold Rush agree that the City will have the ability to be reimbursed for the ARSA payment and the City Payment by either conditioning the Entitlements that Gold Rush needs to obtain for the development of the Property on the reimbursement of such payments, or requiring such reimbursement to a covenant in a development agreement by and between the City and Gold Rush. The reimbursement may take the form of a credit to the City for their share of costs attributable to Gold Rush’s construction of a Treatment Plant or other water treatment system which benefits the City.
There is no evidence that either condition 1 or 2 ever occurred.
On the same date that the assignment agreement was entered into, April 25, 2002, the city and ARSA also entered into a Contract for Funding of Wastewater Disposal Facilities and Grant of Easement. The 45 2
stated purpose of the contract was to allow the city to “immediately deposit $750,000 in cash to close escrow for the acquisition of the Noble Ranch.” In exchange, “ARSA is willing to use its own reserves to provide City $450,000 to enable City to acquire fee title to the Noble Ranch in consideration for ARSA’s obtaining of the right to use the Noble Ranch for spray field disposal of ARSA wastewater thereon…” The actual terms of the granting of the easement, how it would be perfected, when and how it would be relinquished, etc. are quite complicated, and are set forth in pp. 4-7 of the full document attached to this memo.
Although not designated as a loan, the contract did have a repayment provision that required the city to pay back the principal in full, with interest, beginning June 2005, if the city did not obtain the right-ofway for, and to actually construct, a pipeline from the city’s wastewater treatment plant to the planned spray fields on Noble Ranch.
So, on April 25, 2002, two separate agreements were signed between the city and two different entities.
In one agreement the responsibility to record a spray easement on Noble Ranch is assigned to Gold Rush; in the second agreement the responsibility is assigned to the city.
Five days later, on May 2, the purchase transaction is recorded. For unknown reasons, there is a simultaneous double escrow in which the property is deeded to the city, and then immediately redeeded to the Gold Rush partners. The city contributed $750,000 to the purchase; the remainder of the purchase price was paid by Gold Rush. The contract between the city and ARSA regarding the spray easement is also recorded on that day, by there is nothing in the record that shows the spray easement in the grant deed from the city to Gold Rush.
Over the succeeding years, the developers worked towards obtaining the necessary approvals to begin constructing the project. The partners in Gold Rush changed and the scope of the project was enlarged considerably. By the time a development agreement was agreed to and a specific plan adopted in 2010, the project had gone from a golf course and condos on 230 acres to the following description on the state’s CEQAnet website:
Approvals associated with Specific Plan adoption for mixed-use development on a 945-acre site (18 hole golf course, 1,334 single family residences, 300 vacation units, 60 room hotel, 57,000 sf of commercial, 300 acres open space and parks. Golf course to be used for treated effluent disposal. Includes on-site and off-site infrastructure and roadway improvements.) Approval includes: Specific Plan adoption, large-lot tentative subdivision map approval, General Plan and Zoning amendments, and Development Agreement.
By 2010, any notion of using Noble Ranch as a site for spraying ARSA secondarily-treated effluent had long since been abandoned. The final plan envisioned a new tertiary plant constructed as part of the project that would treat effluent that could then be sprayed on the project’s golf course. The project did receive all of its necessary approvals, and survived both a referendum and a legal challenge, but the financial burdens imposed by the final development agreement and specific plan, along with the 46 3
financial crisis in the housing market following the 2008 crash, were the death knell for the project. The city formally terminated the development agreement for the project in 2019.
DISCUSSION
In the 20+ years since the city and ARSA identified the Gold Rush development as the solution for its ongoing wastewater treatment and disposal issues, not a lot has changed. The city continues to operate an aging and deteriorated sewer plant that is significantly undersized for the peak flows that it receives during wintertime storm events. ARSA operates a disposal system that it does not own, that is under capacity, that is riddled with maintenance issues, and that has been the subject of on-going legal challenges for decades.
In the seven years since both Sutter Creek and ARSA adopted a Master Plan that identified the construction of a new tertiary plant as the best alternative for addressing the above issue, little progress has occurred. Both agencies are now at a crossroads where tough decisions need to be made and a new direction forged. One of those tough decisions is how to deal with the long-delayed issue of the $450,000 that ARSA contributed to the Noble Ranch purchase.
If Sutter Creek moves forward with building a tertiary plant, it is faced with raising funds in the high nine figures. This will involve applying for grants, significantly raising customer rates, and taking on large amounts of long-term debt. It cannot do this successfully with what looks like a $600,000+ commitment to ARSA on its books.
In hindsight, of course, the decision to give developers $750,000 in public funds toward the purchase of property with only a nebulous guarantee of a return was ill-advised. It was money that both the city and ARSA could ill-afford to lose. But it was city ratepayers who lost the most. Not only did they contribute the $300,000 directly from the city, but they contributed about 80% of the ARSA $450,000 as well.
Having given away approximately $660,000 on a deal that went sour, it is difficult to imagine that ARSA could expect the Sutter Creek ratepayers to come up with that same amount again, and for what end? The $750,000 amount was never rooted in reality. There was never any appraisal done to determine if that was a fair market price for the purchase of so-called spray fields. It was simply the amount that the city needed for its part of the deal, and the spray fields were a convenient mechanism for raising the funds. I don’t question the good faith belief that the people involved thought at the time that the project was going to be a net benefit for both the city and ARSA, but it difficult now to agree that ARSA is somehow an aggrieved party that the city needs to make whole. Everyone involved in all of these convoluted transactions, and that includes both the city and ARSA, knew that they were taking risks. The risks were taken in the hopes of great rewards that, unfortunately, did not pan out. It is clear that the spray fields notion had been abandoned along the way in exchange for the promise for a new tertiary plant. It is also clear that ARSA was well aware of that and that it did nothing to assert its rights, if any, at the time. I think now is the appropriate time for the ARSA Board to recognize that and move on.
The truth is that Sutter Creek does not have to funds to repay the ARSA portion of the Noble Ranch downpayment. It has never set up a debt service fund in its annual budget to pay back the money, it did 47 4
not include the amount in its rate study back when sewer rates were raised by 35% several years ago, and there is no indication that the Council intends to do so in the next round of rate increases that are coming. There is now a serious legal question if the underlying agreement is even enforceable after so many years have passed.
EPILOGUE
The Noble Ranch property owned by Gold Rush Golf Development was foreclosed on by Farallon Capital Management a number of years ago. It was then sold to new owners including Tim Bilxseth. I spoke recently with Blixseth and Troy Claveran, who has been hired by the new owners to pursue development on the property. They intend to come to the city with an application to revise the specific plan and develop the full property with a golf course, hotel and single-family homes. When I asked Troy about the spray easement issue, and queried him about the ARSA/City agreement and as to whether the Gold Rush partners ever granted an easement on the property, he replied “You know more about it than I do.” 48 49
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Karen Darrow
From: Sandra Spelliscy
Sent: Tuesday, October 31, 2023 11:34 AM
To: [email protected]
Cc: Karen Darrow; Jim O'Connell; 'Matt Ospital'
Subject: RE: Request To Be Added To City Council Agenda Ms. Arellano: Thank you for your communicaon with the city. I have copied our city clerk, the police chief and the city engineer on this response. As these are maers that fall under city operaons I will be responding, although you are always free to address the Council during the public forum poron of its meengs.
1. I will ask the police chief and the city engineer via this email to provide me with some recommendaons regarding your concerns, such as a crosswalk with rapid flashing beacons. Depending on their recommendaons, this may require an expenditure that would need to be included in the city budget for the following fiscal year.
The “your speed” signs are quite expensive and are generally just temporary, so would not be a good soluon in this situaon.
2. Any signs regarding parking restricons on private property would be the responsibility of the property owner and not the city.
Please let me know if you have any addional quesons.
Sandra Spelliscy
Interim City Manager
City of Sutter Creek
[email protected]
209.267.5647 x284
From: Karen Darrow <[email protected]>
Sent: Tuesday, October 31, 2023 11:15 AM
To: Sandra Spelliscy <[email protected]> Subject: FW: Request To Be Added To City Council Agenda From: Pamela Arellano <[email protected]>
Sent: Tuesday, October 31, 2023 11:06 AM
To: Karen Darrow <[email protected]>
Subject: Request To Be Added To City Council Agenda
Hi Karen,
I have 2 maers that I am requesng to be heard.
1. Safety concerns for pedestrians walking on Valley View Way to Bowers. There are no crosswalks to get to the Transit Center, where my tenants walk their dogs. The 25MPH sign that was posted near HWY 49 on Valley View Way has been missing for the last year, and the other 25MPH sign near Bowers is so old and faded that it is barely visible. Vehicles using Valley View Way as a shortcut to Ridge Road, are constantly speeding up to 60MPH, and coming around the turns inches from the sidewalk when there are people including me walking. I 59 2
am requesng the new solar-powered, ashing red & blue lit “YOUR SPEED” sign vs 25MPH be placed in the middle of Valley View Way on both sides of the Road. As well as a cross walk.
2. I am requesng city signs saying that cars will be towed at the owners cost, that don’t belong on our property I have 2 driveways, so one at each would be great!
Thank you!
Pamela Arellano| Resident Manager
Sutter Hill Apartments
116 Valley View Way #212, Sutter Creek, CA 95685 | T: 626-272-2949 | SunriseMgmt.com | communitywebsite.com | Facebook
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