City Council Meeting Agenda
Monday, September 16, 2024 at 6:00 PM
33 Church Street, Sutter Creek, CA 95685
The Agenda can be found on the City’s Website: www.cityofsuttercreek.org The City of Sutter Creek City Council Meeting will be available via Zoom and in person.
Join Zoom meeting: https://us02web.zoom.us/j/9568520224 Please note: Zoom participation is only available for viewing the Council meeting. *Public Comment will not be taken from Zoom*
Or Dial by phone: 301-715-8592 | 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.
1. Call to Order and Establish a Quorum for Regular Meeting
2. Pledge of Allegiance to the Flag
3. Presentations
A. Presentation Cal Jobs First – Andrew Gardener
4. Public Forum
At this time, the public is permitted to address the City Council on items not appearing on the agenda.
Comments may not exceed 5 minutes. In accordance with State Law, however, no action or discussion may take place on any item not appearing on the posted agenda. The City Council may respond to statements made or questions asked or may request Staff to report back at a future meeting on the matter. The exceptions under which the City Council may discuss and/or take action on items not appearing on the agenda are contained in Government Code §54954.2. Public comment on any item listed below shall be limited to five minutes, unless additional time is permitted by the Mayor/Council
1 5. 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.
6. Approval of Minutes
A. City Council Minutes of August 19, 2024
Recommendation: By motion approve minutes as presented.
B. City Council Minutes of August 26, 2024
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. Proclamation Commemorating Constitution Week September 17th- 23rd B. Waive the second reading in full and enact Ordinance No. _____ Ordinance Amending Chapter 2.08 and Section 2.52.020 of the Sutter Creek Municipal Code Concerning the City Clerk and Appointment of Planning Commissioners
8. Ordinances and Public Hearing
9. Administrative Agenda
A. Adopt Resolution 24-25-* Consenting to the assignment of a solid waste franchise from Aces Waste Services, Inc. to Delta Container Corporation and authorizing the City Manager to execute an amendment to the solid waste franchise agreement between the City and Aces.
B. Informational report on wastewater planning activities for discussion and questions C. Review of current City Ordinance and discussion about potential enforcement starting in 2025 D. Adopt Resolution 24-25-* assigning lease of State owned pipeline and reservoirs to the City of Sutter Creek upon dissolution of the ARSA JPA
E. Adopt Resolution 24-25-* expressing support for Phase 1 improvements of Bike/Ped route to Amador City
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 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. 2 12. Future Agenda Items
This section provides an opportunity for Council members to request items to be added to the agenda in the future with a majority Council vote.
13. Information and Correspondence
A. Monthly Police Report
B. Monthly Public Works Report
C. Monthly Finance Report
D. Monthly Expense Report
E. Monthly Revenue Report
F. Monthly Cash Flow Report
G. Monthly AP Reports
H. Monthly Treasurer's Report
I. Monthly Administrative Services Report
J. Monthly City Engineer Report
K. Monthly Planning Report
14. Closed Session
A. CONFERENCE WITH LEGAL COUNSEL—POTENTIAL LITIGATION
(Paragraph (1) of subdivision (d) of Gov. Code Section 54956.9) 1 potential case
B. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
Agency Negotiator: Tom DuBois, City Manager
Employee Organizations: Sutter Creek POA
15. Report from Closed Session
16. Adjournment
The next regularly scheduled meeting is October 7, 2024. 3 City Council Meeting Minutes
Monday, August 19, 2024 at 6:00 PM
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 was available via Zoom and in person.
Join Zoom meeting: https://us02web.zoom.us/j/9568520224
1.Call to Order and Establish a Quorum for Regular Meeting
PRESENT
Vice Mayor Julia Sierk
Council member Dan Riordan
Council member Jim Swift
City Treasurer Vicky Runquist
ABSENT
Council member Susan Feist
Mayor Claire Gunselman
2. Pledge of Allegiance to the Flag
Vice Mayor Sierk led the pledge.
3. Public Forum
Joey Pleschette of Sutter Creek voiced his concern about the reckless driving around Amador High School and requested an increased police presence.
Vice Mayor Sierk asked staff about the progress of the volleyball court installation in the auditorium and whether there had been any discussion of charging the school district for the use of city facilities, proposing that the costs be shared. She also questioned if there was a prioritized list for street projects, particularly the crosswalks at the Gopher Flat intersection.
4 Section 6, Item A.
Public Works Director Dan LaFontaine acknowledged that it is on the list but requires coordination due to necessary street closures and mentioned that the work on Spanish Street is still ongoing.
Council Member Riordan inquired about winter preparation and coordination with the Fire Department.
Public Works Director Dan LaFontaine clarified that once the permit is received, Public Works will determine their course of action.
4. City Manager’s Report
City Manager Tom DuBois gave a presentation outlining updates based on City Priorities, including:
Completion of Oro Madre, adding more crosswalks, striping planning a sustainable budget, discussions with AWA and Amador City on updated wastewater agreements, awaiting an Energy Improvement proposal for City buildings. Purchase of used police car for $18K, new finance software, agreement with Ione Approved by ARSA board, freshwater diversion triage continuing, Henderson reviewed with CDCR. Broadmeadow appeal coming to council Aug 26th, comment letter on DEIR for Wicklow Way Specific Plan submitted to County, Amador Council of Tourism planning active promotional schedule, Visitor Center planning Wine Walk fundraiser and the end of summer theme going up in front of City Hall.
Presentation can be viewed by following the link below:
https://www.cityofsuttercreek.org/media/9381
Wicklow Way Specific Plan Draft EIR Comments can be viewed by following the link below:
https://www.cityofsuttercreek.org/media/9391
5. Presentations
A. Proclamation commending Larry Becker
Vice Mayor Sierk presented the proclamation honoring Larry Becker for his volunteer service to the city.
Lisa Klosowski with the Visitor Center thanked Larry for his service to the city.
B. Amador County Assessor- Jim Rooney
Amador County Assessor, Jim Rooney, delivered a presentation on the assessment information for 2024.
Presentation can be viewed by following the link below:
https://www.cityofsuttercreek.org/media/9386
C. CA Jobs First Amador County Presentation
This presentation was rescheduled for September 16th.
5 Section 6, Item A.
Vice Mayor Sierk acknowledged Amador City Council member Susan Bragstad for her feature on the cover of Comstock's magazine.
6. Approval of Minutes
A. City Council Minutes of August 5, 2024
Recommendation: By motion approve minutes as presented.
Motion made by Council member Riordan, Seconded by Council member Swift Approve the City Council Minutes of August 5, 2024, as amended.
Voting Yea: Vice Mayor Sierk, Council member Swift, Council member Riordan.
7. Consent Agenda
A. Adopt Resolution 24-25-* Approving the Final Parcel Map 2917 for 81 Spanish Street.
Motion made by Council member Swift, Seconded by Council member Riordan Adopt Resolution 24-25-* Approving the Final Parcel Map 2917 for 81 Spanish Street.
Voting Yea: Vice Mayor Sierk, Council member Swift, Council member Riordan.
B. Adopt Resolution 24-25-* Approving Parcel Map No. 2871 for 290 Spanish Street.
Motion made by Council member Riordan, Seconded by Council member Swift Adopt Resolution 24-25-07 Approving Parcel Map No. 2871 for 290 Spanish Street.
Voting Yea: Vice Mayor Sierk, Council member Swift, Council member Riordan.
C. Eureka Road Overlay Project
Recommendation: Adopt Resolution 24-25-* Accepting the completion of public improvements for the Eureka Road overlay project and filing a notice of completion and authorizing recordation, therefore.
Council member Riordan noted that the project amount was much less than projected and suggested that staff needs to get better at estimating costs.
City Manager DuBois noted that it came in about 78% of what was projected.
Motion made by Council member Riordan, Seconded by Council member Swift Adopt Resolution 24-25-08 Accepting the completion of public improvements for the Eureka Road overlay project and filing a notice of completion and authorizing recordation, therefore.
Voting Yea: Vice Mayor Sierk, Council member Swift, Council member Riordan. 6 Section 6, Item A.
8. Ordinances and Public Hearing
A. Capital Facilities Fees Annual Report
1. Hold a Public Hearing regarding the Capital Facilities Fees Annual Report.
2. Accept by motion the City of Sutter Creek Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and 2023-24
City Manager DuBois and Finance Manager Mason Peters presented outlining how the fees are applied and collected, noting that some fees are pass throughs. Clarifying that no development results in no fees.
Vice Mayor Sierk opened the Public Hearing at 7:03 p.m. there was no comment and the Public hearing was closed.
Motion made by Council member Riordan, Seconded by Council member Swift Accept the City of Sutter Creek Capital Facilities Fees Annual Report for Fiscal Year 2022-23 and 2023-24.
Voting Yea: Vice Mayor Sierk, Council member Swift, Council member Riordan.
B. Introduce and Waive First Reading of Ordinance Amending Chapter 2.08 and Section 2.52.020 of the Sutter Creek Municipal Code Concerning the City Clerk and Appointment of Planning Commissioners Vice Mayor Sierk recommended that the reference to ordinance and resolution book in section (B) should be changed to record.
Motion made by Council member Swift, Seconded by Council member Riordan to Introduce and Waive First Reading of Ordinance Amending Chapter 2.08 and Section 2.52.020 of the Sutter Creek Municipal Code Concerning the City Clerk and Appointment of Planning Commissioners as amended.
Voting Yea: Vice Mayor Sierk, Council member Swift, Council member Riordan.
9. Administrative Agenda - None
10. Mayor and Council Member Reports
Council member Swift announced that the Fire District meeting is scheduled for tomorrow. He plans to raise the topic of weed abatement and discuss the alternatives for an emergency siren system.
Vice Mayor Sierk announced that an ACRA meeting took place, during which the Board agreed to renew Michael Rock's contract and implement a 15% surcharge on services for residents from cities not participating. Additionally, she mentioned the possibility of introducing additional league sports.
11. City Attorney’s Report - None.
12. Future Agenda Items - None.
13. Information and Correspondence - So noted.
City Manager DuBois indicated that feedback on the monthly department report formats is welcome.
A. Monthly Police Report
7 Section 6, Item A.
B. Monthly Finance Report
C. July 2024 Expense Report
D. July 2024 Revenue Report
E. July 2024 Cash Flow Report
F. July 2024 Warrants
G. Monthly Treasurer's Report
H. Monthly Administrative Services Report
I. Monthly Engineer's Report
J. Monthly Public Works Report
K. Monthly Planning Report
The meeting adjourned into Closed Session at 7:10 p.m.
14. Closed Session
A. Pursuant to Government Code Section 54957.6
Agency Negotiator: Tom DuBois, City Manager
Employee Organizations: Sutter Creek POA
15. Report from Closed Session
No reportable action was taken.
16. Adjournment
There is a special meeting scheduled for August 26, 2024. ___________________________________
Julia Sierk, Vice Mayor
___________________________________
Karen Darrow, City Clerk
Date Approved:
8 Section 6, Item A.
Special City Council Meeting Minutes
Monday, August 26, 2024 at 6:00 PM
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 was available via Zoom and in person.
1. Call to Order and Establish a Quorum for Regular Meeting
PRESENT
Mayor Claire Gunselman
Vice Mayor Julia Sierk
Council member Susan Feist
Council member Dan Riordan
Treasurer Vicky Runquist
ABSENT
Council member Jim Swift
Due to a conflict-of-interest Council member Swift abstained from the meeting.
2. Pledge of Allegiance to the Flag
Mayor Gunselman led the pledge.
3. Public Forum- None.
4. Ordinances and Public Hearing
A. Appeal filed by Bruce Baracco, Project Planner, on behalf of the David Mabry and Frank Trujillo (owners) to overturn the Planning Commission’s denial of the Project and do the following:
1. Conduct a public hearing to receive public input;
2. Adopt Resolution 2024-2025-* Certify the Initial Study/Mitigation Negative Declaration (SCH# 2023100658) for the Broadmeadows Estates Subdivision (Project) and approve Vesting Tentative Subdivision Map No. 182
9 Section 6, Item B.
3. Adopt Resolution 2024-2025-* General Plan Amendment from Residential Low Density (RL) to Residential Single Family (RSF);
4. Adopt Resolution 2024-2025-* pre-zone the parcels outside the City limits to R-1; City Planner Erin Ventura provided an explanation for the item, highlighting that the Planning Commission had initially reviewed it during their meeting on July 8, 2024. She noted that the Commission was unable to make the necessary findings to approve it. City Planner Ventura then went over the project's history as detailed in the staff report.
City Attorney Derek Cole outlined the procedures and options available for the Council's consideration tonight. The choices presented were to approve the project, deny the project, continue the discussion, or refer the item back to the Planning Commission for additional review.
Planner Ventura clarified that the R-1 designation applies only if annexed into the city, and successful annexation is required for the project's final approval.
Council Member Riordan inquired whether there are specific guidelines for annexation, whether the city is obligated, or if it is based on need or the Council's discretion.
City Attorney Cole stated there is no obligation to annex or approve the project.
Council Member Riordan expressed concerns about piecemealing and CEQA's guidance on the matter, questioning if there was absolute assurance that CEQA would not raise a piecemeal accusation by separating the projects.
City Attorney Cole acknowledged the Council's valid concerns about piecemealing and pointed out that condition 13 prohibits finalizing the map if an application for Panner Creek is submitted. He mentioned that staff has serious doubts about Panner Creek's viability and therefore did not want to be overly rigid, allowing for flexibility in presenting options to the Council.
Mayor Gunselman remarked that the project is distinctive because the conditions for the first two stages were not completely met. It seems that the fulfillment of conditions is deferred to the final stage, which may not occur, hence CEQA's policy advises against such an approach. This method appears to benefit the developer by avoiding an EIR, potentially exposing the city to risk.
City Attorney Cole stated that staff regards Broadmeadows as a small, independent project consisting of ten homes and anticipates a comprehensive Environmental Impact Report if the Panner Creek project proceeds. He cautioned that the City cannot over exact and over condition a project.
Council member Riordan emphasized the necessity of including bicycle lanes or paved shoulders in the construction of new arterial and collector roads, except when separate bicycle paths are available. He further stated that subdivisions must establish or finance a bicycle system for children, as needed, to guarantee safe routes to schools and parks within the town.
Mayor Gunselman also noted that it does not meet the parking condition. 10 Section 6, Item B.
Council Member Sierk highlighted some inconsistencies related to a citywide community facilities district, which is referenced throughout the document, as well as the general traffic impact fee. She acknowledged the necessity for Sutter Creek's growth, provided it is managed responsibly. She pointed out that the Meadowcrest project was not completed, giving the impression that we are merely establishing another secluded community. Her primary concern, she emphasized, is safety.
Council member Feist raised questions about the omission of the requirement for pedestrian and bicycle access to town and when the city ceased to hold developers accountable for this.
City Planner Ventura clarified that the significant conditions, such as the dedication of parkland or a park, along with access to the town and a bridge, were mandatory requirements for phase three of the project. Consequently, the project was discontinued before reaching that stage. Currently, the same property owners and developers are involved, but without any existing entitlements or approvals, as they have all expired.
Mayor Gunselman and Council Member Sierk highlighted a number of inconsistencies with the General Plan.
Mayor Gunselman opened the Public Hearing at 6:57 p.m.
Bruce Baracco, the project planner for the Broadmeadows Estates project, noted that at their meeting on July 8th, the Planning Commission decided to consider only the tentative subdivision map and made a finding that the map could not be approved and stated that they are respectfully requesting that the City Council grant the appeal from property owners David Mabry and Frank Trujillo.
Mike Kirkey, Sutter Creek Planning Commissioner noted his concerns about that infill and inconsistencies in growth citing that any new development should be economically feasible and not a drain on resources. He noted that the connectivity to the city is a problem because the infrastructure was not built. He also asked why the city would consider annexing more land into the city when there are still so many undeveloped properties.
Kathy Cunha from Sutter Creek expressed concern that the intention seems to be to bypass CEQA requirements. She recommended that the developer be mandated to cover all expenses stemming from the annexation and to carry out a traffic analysis for Panner Creek. Additionally, she raised issues that the developer has neither paid the necessary fees nor fulfilled the prior conditions of approval.
Mark Koenig from Sutter Creek expressed his concerns about water and sewer capacity and the subsequent effects on existing residents.
Jenny Roward from Sutter Creek has expressed her concerns regarding pedestrian safety, the preservation of oak trees, and the establishment of safe walking routes for children along Gopher Flat.
Frank Cunha, a resident of Sutter Creek and former Planning Commissioner, remarked that the staff report seemed biased, presenting only arguments in support. He emphasized that the annexation process is challenging and not a guaranteed property right. He pointed out that, in essence, the property owner 11 Section 6, Item B.
and developer are seeking to enhance the value of their property. He warned that due to SB 9, the implications could extend beyond just ten new homes, asserting that any project should benefit the city rather than be detrimental to it.
Robert Burge of Sutter Creek commented that the developers of Meadowcrest are the ones that dropped the ball and that he would not have agreed to the use of his property if he knew how it was going to turn out.
Megan Rutherford requested that the annexation be done the correct way if that is what the Council decides.
Bruce Baracco, the project planner, noted that recurring concerns are arising and recommended organizing a workshop to address the details prior to proceeding.
Motion made by Council member Riordan, Seconded by Council member Feist to close the Public Hearing at 7:35 p.m. Voting Yea: Mayor Gunselman, Vice Mayor Sierk, Council member Feist, Council member Riordan.
Mayor Gunselman called for a short recess.
The meeting reconvened at 7:45 p.m.
Council member Riordan asked if SB 9 allows for division of lots so that lots could potentially have two homes. City Attorney Cole confirmed. Council member Riordan noted that he is not anti-growth but in favor of smart growth.
Council member Sierk noted that she supports responsible growth, she thinks the safety concerns need to be addressed and she would like to see a willingness from the developer to address the concerns of the neighborhood. She suggested that Lot #5 with the oak trees on it be preserved for an open space park.
Council member Feist noted that she is ok with the zone change and development but not to veer from the General Plan and wants to see a walkable/bikeable community. She reiterated Council member Sierk’s suggestion about Lot #5.
Mayor Gunselman noted that she is not anti-growth and not having pedestrian access is an ongoing concern and that she can't responsibly agree to add homes to that neighborhood without mitigating that first.
Motion made by Council member Feist, Seconded by Council member Riordan to deny the appeal as presented. Voting Yea: Mayor Gunselman, Vice Mayor Sierk, Council member Feist, Council member Riordan.
5. Adjournment
The next regularly scheduled meeting is Monday, September 16, 2024.
The meeting was adjourned at 8:07 p.m.
12 Section 6, Item B.
PROCLAMATION OF THE SUTTER CREEK CITY COUNCIL
DECLARING SEPTEMBER 17TH THROUGH 23RD, 2024
CONSTITUTION WEEK
WHEREAS, September 17, 2024 marks the two hundred and thirty seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and
WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and
WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and
WHEREAS, public law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as constitution week; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Sutter Creek does hereby proclaim September 17 through 23, 2021 to be:
CONSTITUTION WEEK
In the City of Sutter Creek, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787.
IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of the City of Sutter Creek to be affixed this 16th day of September of the Year of our Lord Two Thousand TwentyFour.
THE CITY OF SUTTER CREEK
____________________________
Claire Gunselman, Mayor
13 Section 7, Item A.
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: SEPTEMBER 16, 2024
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK AMENDING CHAPTER 2.08 AND SECTION 2.52.020 OF THE
SUTTER CREEK MUNICIPAL CODE CONCERNING THE CITY
CLERK AND APPOINTMENT OF PLANNING COMMISSIONERS
Recommendation
Waive the second reading in full and enact Ordinance No. _____ Ordinance Amending Chapter
2.08 and Section 2.52.020 of the Sutter Creek Municipal Code Concerning the City Clerk and Appointment of Planning Commissioners
Background and Analysis
This matter is intended to “clean up” provisions of the City Code. As to the City Clerk, City Administration proposes amending the chapter concerning the City Clerk as follows:
• Confirm the modern practice of storing records of the City Council and Planning Commission electronically. The Code currently uses outdated phraseology regarding the storage of such record in “books.”
• Delete continued references to the city “administrator” to conform with the City’s previous effort to replace such references with “manager.” • Confirm that the city clerk is paid as other city employees are paid (as opposed to by resolution or ordinance.
• Conform the city’s practice concerning municipal bonding.
The proposed ordinance also amends the City Code concerning appointment of the Planning Commission. It amends the Code to require that Planning Commissioners be appointed annually, rather coterminous with the terms of City Council members.
Fiscal Impact
None
14 Section 7, Item B.
1 ORDINANCE NO. _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK AMENDING CHAPTER 2.08 AND SECTION 2.52.020 OF THE SUTTER CREEK
MUNICIPAL CODE CONCERNING THE CITY CLERK AND APPOINTMENT OF
PLANNING COMMISSIONERS
The City Council of the City of Sutter Creek, California does ordain asfollows:
Section 1
Chapter 2.08 of the Sutter Creek Municipal Code is amended to read as follows:
CHAPTER 2.08 – CITY CLERK
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.
2.08.020 Duties.
A. The city clerk shall keep an accurate record of the city council and planning commission proceedings. The records of such proceedings shall be readily accessible and open to the public.
B. The city clerk shall keep a separate record of ordinances and a record of resolutions. All ordinances and resolutions will be recorded with the clerk's certificate attached.
C. The city clerk is the custodian of the city seal.
D. The city clerk may administer oaths or affirmations and take and certify affidavits and depositions pertaining to city affairs which may be used in any court or proceeding in the state.
E. The city clerk shall, in conjunction with the city manager, prepare a written agenda for all council meetings. Such agendas shall be produced in a form approved by the council and posted in the manner prescribed by state code.
F. The city clerk shall be responsible for the accurate and timely publication and/or posting of all public notices.
G. The city clerk shall attend all meetings of the city council and planning commission unless excused therefrom.
H. The city clerk shall perform such additional duties as may be prescribed by the council or state codes.
I. The city clerk shall serve as the election official for the city. 15 Section 7, Item B.
2 2.08.030 Deputies.
Deputy clerks will be appointed by the city manager and shall serve under the direction of the city clerk when performing clerk duties.
2.08.040 Compensation.
The city clerk will receive monthly compensation in the manner in which city employees are regularly compensated
Section 2
Section 2.52.020 of the Sutter Creek Municipal Code is amended to read as follows:
2.52.020 - Membership.
The city planning commission shall consist of five voting members, who shall be residents of the city.
Each city council member shall appoint one commissioner, who shall serve at the pleasure of the council member and for the duration of that council member's term, unless earlier terminated by the appointing council member. Council members shall make their appointment annually in the first regular city council meeting of the calendar year. No city officer, employee, or official, including council members, shall be appointed as a commissioner.
Section 3
All ordinances and parts of ordinances in conflict herewith are hereby repealed.
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 August 19, 2024, and enacted by the City Council of the City of Sutter Creek at a regular meeting held on September 16, 2024.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Sutter Creek City Council, held on this 16th day of September 2024, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
ABSTAIN:
16 Section 7, Item B.
3 ______________________________
Claire Gunselman, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
17 Section 7, Item B.
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: SEPTEMBER 16, 2024
FROM: DEREK COLE, CITY ATTORNEY
SUBJECT: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER
CREEK CONSENTING TO THE ASSIGNMENT OF A SOLID WASTE
FRANCHISE FROM ACES WASTE SERVICES, INC. TO DELTA
CONTAINER CORPORATION AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AMENDMENT TO THE SOLID WASTE
FRANCHISE AGREEMENT BETWEEN THE CITY AND ACES
Recommendation
Adopt Resolution 24-25-* Consenting to the assignment of a solid waste franchise from Aces Waste Services, Inc. to Delta Container Corporation and authorizing the City Manager to execute an amendment to the solid waste franchise agreement between the City and Aces.
Background and Analysis
ACES Waste Services, Inc. (“ACES”) has been the City’s exclusive solid waste franchise hauler for many years. Most recently, the City and entered into an Amended and Restated Solid Waste Franchise Agreement (“Agreement”) effective January 1, 2023 (see Attachment 1). This agreement authorizes ACES to serve as the City’s exclusive franchise provider through the end of 2037 and for an additional five-year term.
ACES has entered into a transaction in which it will sell all its assets to Republic Services (“Republic”), a national solid waste hauler that does business in numerous jurisdictions throughout the County. ACES and Republic request that the City authorize the assignment of the franchise and Agreement to Republic. The City Attorney and staff have reviewed the proposed transaction and believe the assignment would be appropriate for the City Council to authorize. (A fact sheet describing Republic’s national operations is attached as Attachment 2.) The assignment of the Agreement is governed by Article N of the Agreement. As a condition for approving the assignment, the Article requires the City Council to make certain findings concerning the qualifications and financial capability of the proposed assignee. The City Attorney 18 Section 9, Item A.
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 and Staff are confident these findings can be made. To this end, the attached resolution includes the following findings:
“1. Republic has the capacity, financial competency, performance and service record, and equipment inventory necessary to perform the covenants of the Agreement;
2. Republic has provided an adequate guarantee and has the financial security and bonding capability necessary to perform the covenants of the Agreement; and
3. The proposed transaction does not involve an agreement between affiliated parties[.]”
Fiscal Impact
Article N authorizes the City to collect, as a condition for approving an assignment of the franchise, a transfer fee. This fee is intended to allow the City to recoup all its expenses in considering and preparing the necessary documentation (including this staff report and the attached resolution.).
To this end, the resolution authorizes the City to collect $2,500 as a condition for the transfer, which is the best estimate of the total expenses the City has and will incur in coordinating its approval for the assignment.
ATTACHMENTS:
1. Current Solid Waste Franchise Agreement
2. Republic Fact Sheet
3. Resolution Authorizing Amendment and Consent to Agreement 4 Proposed Amendment and Consent to Assignment
19 Section 9, Item A.
1 AMENDED AND RESTATED FRANCHISE AGREEMENT
FOR SOLID WASTE COLLECTION, DISPOSAL
AND RECYCLING SERVICES
THIS FRANCHISE AGREEMENT is made and entered into effective July 1, 2023 (“Effective Date”) between the City of Sutter Creek, a municipal corporation of the State of California, hereinafter referred to as “City”; and ACES WASTE SERVICES, INC., a California corporation, hereinafter referred to as “Contractor” or “ACES”. This Agreement supersedes the previous franchise agreement between the City and Contractor, dated January 1, 2015.
WHEREAS, the public health, safety and welfare, and Public Resources Code § 40059 require measures be taken by the City to provide for collection and disposal of refuse; and,
WHEREAS, Contractor desires to collect and dispose of all solid waste, garbage, rubbish, green waste, organic waste and waste matter including recyclables, accumulated in City and any service area over which it has jurisdiction.
NOW, THEREFORE IT IS HEREBY AGREED between the parties hereto as follows:
ARTICLE A. DEFINITIONS.
1. As used in this Franchise, the terms “collection”, “collection vehicle or equipment”, “garbage”, “litter”, “putrescible”, “recyclable material”, “recycling”, “removal”, “refuse”, “resource recovery”, “rubbish”, “scavenging” and “solid waste” shall have the meaning and be defined as set forth in Article 09.08.010 of the Sutter Creek Municipal Code and any amendments thereto.
ARTICLE B. REFUSE COLLECTION AREA.
1. The collection area for the collection of refuse by Contractor as herein provided is described as follows:
All residential, commercial, and industrial areas within the boundaries of the City of Sutter Creek as they exist on the effective date of this Franchise Agreement, and as they may be hereafter modified or increased by annexation or deannexation. Territory annexed to the City shall be added to the franchise area granted by this Agreement, and Contractor shall be permitted to adjust rates to be consistent with his corresponding schedule within said area.
ARTICLE C. FRANCHISE PURPOSE, TERM, AND COMMENCEMENT
1. Exercise of City Rights. City chooses to exercise its authority under Public Resources Code § 40059, its police power authority under the Constitution of the State of 20 Section 9, Item A.
2 California, and other applicable law, including the General Ordinances of the City of Sutter Creek, Chapter 9.08, to grant an exclusive franchise for the collection and disposal of all solid waste, garbage, refuse, green waste, organic waste, construction and demolition debris and recyclable materials as more fully set forth herein.
Notwithstanding this grant of franchise, City retains and reserves to itself the full authority to regulate, correct, and control all activities of the franchise, including removal, termination, and suspension.
To the maximum extent allowed by law, City shall provide for franchisee control of all solid waste, garbage, refuse, green waste, organic waste, construction and demolition debris and recyclable materials (“Collection Materials”) upon relinquishment of ownership by placement in the refuse collection and disposal system operated by franchisee.
2. Exclusive Franchise. City grants to Contractor the exclusive right to collect, haul, and dispose of the Collection Materials within City for the period commencing upon the operational date of this Franchise, which is July 1, 2023, and continuing to and including December 31, 2033 (“Initial Term”). The parties shall have the option to extend the Agreement for one additional (5) five-year term (“Extended Term”). The Extended Term shall automatically commence upon the expiration of the Initial Term unless either party gives 180 days’ written notice to the other that it will not exercise the option to extend the Agreement as this paragraph provides.
Contractor shall commence collection, hauling, and disposal operations under this Agreement on the operative date of this Franchise. Upon Franchise expiration or termination of this Agreement for any reason, City shall have the full right and authority to solicit proposals from any and all interested persons for these franchise privileges, without any obligations to or preference for the contractor herein.
ARTICLE D. REPRESENTATIONS, WARRANTIES AND COVENANTS
1. Representations and Warranties of Contractor. Contractor hereby makes the following representations and warranties for the benefit of the City as of the effective date of this Agreement:
A) Contractor is duly organized and validly existing as a corporation in good standing under the laws of the State of California; B) Contractor has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement by all necessary and proper action by its Board of Directors, or by its shareholders, if necessary;
C) The person signing this Agreement on behalf of the Contractor is authorized to do so, and this Agreement has been duly exercised and delivered by Contractor in accordance with the authorization of its Board 21 Section 9, Item A.
3 of Directors or by its shareholders, if necessary, and constitutes a legal, valid and binding obligation of Contractor enforceable against Contractor in accordance with its terms;
D) Neither the execution and delivery by Contractor of this Agreement, nor the performance by Contractor of its obligations hereunder conflicts with, violates, or will result in a violation of any existing applicable law; E) Contractor has sufficient financial resources to perform all aspects of its obligations hereunder;
F) Contractor has the expert, professional and technical capability to perform all of its obligations under this Agreement.
2. Representations and Warranties of the City. The City hereby makes the following representations and warranties to and for the benefit of Contractor as of the effective date of this Agreement:
A) The City is a California municipal corporation, duly organized and validly existing under the laws of the State of California, with full legal right, power and authority to enter into and perform its obligations under this Agreement;
B) The Party executing this Agreement on behalf of the City is duly authorized by the City Council to do so. This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms.
3. Contractor’s Covenants. Contractor covenants it shall obtain and deliver to City within 15 days of the Effective Date, the following documents; A) Certificates of Insurance. Contractor shall have furnished the City with satisfactory Certificates(s) of Insurance in the form and according to the provisions of Article F of this Agreement. Such certificates shall be signed by Contractor’s insurer, and shall clearly state the types of and amounts of coverage required under Article F, the effective dates and expiration dates of the policies, and all required endorsements.
B) Performance Bond. Unless waived by the City, Contractor shall have provided the City with, and the City shall have accepted, the Performance Bond or Alternative Performance Security as described in Article F of this Agreement.
4. City Option to Terminate. If the foregoing documents have not been delivered to City in satisfactory form within 15 days of the Effective Date of this Agreement, City may terminate this Agreement with no continuing obligations to 22 Section 9, Item A.
4 contractor and with resort to the rights and remedies provided for in Article M, Section 2 hereof.
ARTICLE E. COMPLIANCE WITH LAW, PERMITS
1. Compliance with Law. Contractor shall comply, at its expense, fully and faithfully with all local, state and federal and state laws, ordinances, regulations and permit requirements, as they may be amended from time to time, applicable to its performance under this Agreement or in any way related to Contractor’s performance of the services required under this Agreement; including but not limited to local, state, and federal laws, ordinances and regulations relating to collection, disposal and processing of solid waste, recyclables, and yard waste; and laws, ordinances and regulations relating to protection of the environment. Without limiting the generality of the foregoing, Contractor shall, at its sole expense, prepare and complete, or arrange for the preparation and completion, of, any environmental impact report or other environmental reviews required under applicable local, state and federal law for the construction, modification or operation of physical plants, if any, necessary to perform the services provided under this Agreement.
2. Permits, Authorizations, Licenses. Contractor shall obtain and shall maintain throughout the term of this Agreement, at Contractor’s sole expense, all necessary permits, licenses, inspections and approvals required for Contractor to perform all the work and services agreed to be performed by Contractor pursuant to this Agreement. Contractor shall show proof of such permits, licenses, or approvals upon the request of the City.
3. Short-Lived Climate Pollutants Compliance. 14 C.C.R. §17402 et seq., pursuant to California Public Resources Code §42652 et seq., requires local governments to reduce landfill disposal of organic waste by 75% by 2025 and to increase edible food waste recovery by 20%, subject to certain rural jurisdiction exemption(s). The City has obtained a requisite rural jurisdiction exemption, under 14 C.C.R. §18984.11 and/or Section 18984.12, from the State of California. Said exemption is valid until the later of December 31, 2026 or until 5 years after California reaches its goal of 50% organics reduction. Contractor shall coordinate with City, prior to the expiration of City’s exemption, to develop a City-wide organic waste reduction and recycling program, ready for implementation at the expiration of the exemption period. The program shall be compliant with the then current applicable regulations in place at the time of implementation.
ARTICLE F. INDEMNIFICATION AND INSURANCE
1. Contractor’s Duty to Indemnify City. To the maximum extent allowed by law, Contractor shall protect, defend, indemnify and hold harmless the City, its agents, officers, employees, successors, and appointed and elected officials (collectively, “Indemnitees”) from and against all liabilities, claims, suits, allegations, actions, damages, interest, penalties, fines, and/or causes of action (collectively “claims”) arising 23 Section 9, Item A.
5 from or in connection with Contractor’s exercise of the franchise, or which are caused by Contractor’s failure to comply with laws legally binding on Contractor which are described in Article E. Contractor shall to the maximum extent allowed by law, indemnify and hold harmless the Indemnitees from and against all costs of investigations, litigation, negotiation or alternative dispute resolution; counsel fees’ expenses incurred in obtaining expert testimony and the attendance of witnesses; and all other expenses and liabilities incurred in connection with the defense of any action or proceedings brought thereon, and from and against any orders, judgments or decrees which may be entered thereon, except to the extend such claims arise solely out of the active negligence or willful misconduct of the City. In the event of legal challenge to the issuance of this franchise, City shall be responsible for defense of any legal action arising from allegation of procedural irregularities in the granting of the franchise. Franchisee shall be responsible for, and shall indemnify and hold City harmless from, any legal action arising from the award of this franchise to franchisee, including any allegation of unfair business practices in the obtaining of the franchise, save and except for any procedural irregularities in granting the franchise. The City shall provide Contractor with prompt notice of any claims, and Contractor may assume the defense of any claim. Contractor shall have authority to settle any claim, provided such settlement fully releases and extinguishes Indemnitees’ alleged liability under the claim. The provisions of this subsection shall survive the termination of this Agreement.
2. AB939 Indemnification.
A) To the maximum extent allowed by law, Contractor agrees to indemnify and hold harmless the City against all fines and/or penalties imposed by CalRecycle based on Contractor’s failure to comply with laws, regulations, or permits issued or enforced by CalRecycle or the lead enforcement agency or caused or contributed to by Contractor’s failure to perform obligations under this Agreement. This indemnity obligation is subject to the limitations and conditions in California Public Resource Code section 40059.1 but is enforceable to the maximum extent allowable by that section. This indemnity shall survive the termination or earlier expiration of this Agreement. Contractor shall have no obligation, however, to hold harmless or indemnify City from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of City.
3. Insurance. Irrespective of, and in addition to, the indemnity and hold harmless provisions set forth above, Contractor shall secure and maintain throughout the course of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.
The cost of insurance, as of the commencement date of this franchise, shall be included in the Contractor’s fixed price for provision of service hereunder. 24 Section 9, Item A.
6 A) Comprehensive General Liability Insurance. Contractor, at its own expense, shall maintain liability and property damage insurance and for the period covered by this Agreement in the amount of Two Million dollars ($2,000,000) per occurrence combined single limit coverage. The amount of this coverage may be increased upon mutual Agreement of the parties, and the costs of such increases shall be considered during City Council review of any rate increases sought by Contractor. Such coverage shall include, but not be limited to, protection against claims arising from:
Bodily and personal injury, including death resulting therefrom; damage to property resulting from activities contemplated under this Agreement; product liability; and claims relating to completed operations. The City, its officers, employees, appointed and elected officials, agents and volunteers (collectively “Insured Parties”) shall be named as additional insureds for all liability arising out of: activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; and automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Insured Parties. Any failure to comply with reporting or other provisions of the policies including breaches of warranties, shall not affect coverage provided to the Insured Parties. The policy shall stipulate that this insurance is primary insurance and that no other insurance carried by the City will be called upon to contribute to a loss suffered by Contractor hereunder. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City and shall provide that written notice must be given to the City thirty days prior to policy cancellation by certified mail, return receipt requested. Contractor shall notify the City within ten days of its knowledge of any material change in coverage.
B) Automobile Liability Insurance. Contractor, at its own expense, shall maintain automobile liability insurance for the period covered by this Agreement in the amount of Two Million Dollars ($2,000,000) per occurrence combined single limit coverage for personal and bodily injury and property damage. The amount of this coverage may be increased upon mutual agreement of the parties; the costs of such increases shall be considered during City Council review of any rate increases sought by Contractor. The City may require increases in the amount of coverage on an annual basis proportionate to inflation in the regional Consumer Price Index. Such coverage shall include, but shall not be limited to, the use of owned and non-owned automobiles. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City and shall provide that written notice must be given to the City thirty days prior to policy cancellation by certified mail, return receipt requested. Contractor shall notify the City within ten days of its knowledge of any material change in coverage.
25 Section 9, Item A.
7 C) Worker Compensation Insurance. Contractor, at its own expense, shall carry and maintain full Worker Compensation Insurance, as required by the California Labor Code and Employer’s Liability insurance with limits as required by law. Such insurance shall be with insurers and under forms of policies satisfactory in all respects to the City. Such policies shall provide that written notice must be given to the City thirty days prior to cancellation by certified mail, return receipt requested. Contractor shall notify the city within ten days of its knowledge of any actual or impending material change in coverage under insurance policies or self-insurance programs.
D) Non-renewal or Cancellation. Upon notification of receipt by the City of a notice of cancellation, material change in coverage, or expiration of policy(ies), Contractor shall file with the City a certified copy of a new or renewal policy(ies) and certificates for such policy(ies) satisfactory to the City.
E) Failure to Comply. If at any time during the term of the Agreement, Contractor fails to comply with the provisions of Article F (3), the City may, in addition to any other remedy available to City, take out and maintain, at Contractor’s expense, such insurance as the City may deem proper and charge the cost thereof to the Contractor.
F) Attachments Incorporated. Copies of the initial certificates of insurance and policy endorsements are attached hereto and incorporated herein by reference as Attachment 1.
ARTICLE G. SERVICES TO BE PERFORMED BY CONTRACTOR
1. General. The work to be performed and services to be provided by Contractor includes, but is not limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the work and provide the services described, at the times and in the manner required by this Agreement. The enumeration of, and specification of requirements for, particular items of labor, supervision, equipment, materials or supplies shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated elsewhere in the Agreement or not. Contractor shall perform the work and provide the services pursuant to this Agreement in a thorough and professional manner so that the residents and businesses within City are provided reliable, courteous, and high-quality service at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this article, whether such other aspects are enumerated elsewhere in the Agreement or not.
26 Section 9, Item A.
8 ARTICLE H. COLLECTION OPERATION DUTUES
1. Frequency of Collection. Contractor shall make at least one weekly collection of all refuse from all residential, commercial and institutional subscribing customers within the collection area unless otherwise approved by the City. All residential collection services are to be provided curbside. The pickup days and schedule shall be designated by Contractor and shall not be changed without at least 30 days prior written notice to the City and the customer affected by any such change.
2. Equipment. The equipment shown on the Equipment List, attached hereto as Attachment 3 and incorporated herein by reference, shall be maintained at all times during the term hereof, unless said equipment is replaced with comparable or better equipment. All equipment used by Contractor for the collection and hauling of garbage shall be of the watertight “compactor” type truck. Equipment used exclusively for the collection of refuse may be of any suitable type but shall be provided with coverings to adequately contain the refuse within the truck body. Contractor shall maintain all trucks in a clean and sanitary condition, and shall have clearly visible an insignia and telephone number on each truck designating the name of the Contractor. Contractor shall clean the inside of the trucks regularly after dumping, and shall keep the outside of the bodies free from dirt and filth.
3. Hours of Collection. Refuse collections shall generally commence at 6:00 a.m., but Franchisee may, if reasonably required, commence pickup at 5:00 a.m. in residential areas. Such collection may be made in any commercial and industrial districts, except the “downtown” area, at any time subject to such reasonable modifications of collection periods as may be imposed by the City. Collections in the “downtown commercial area” shall occur prior to 12:00 p.m. No regularly scheduled residential collections shall be made on Saturdays or Sundays, and no regularly scheduled collections may be made on Sundays without prior notification to the City. All collections shall be made as quietly as possible.
4. Standard of Care. Contractor shall not litter in the process of making collection from any residence or business, nor allow any refuse to blow or fall from any vehicle used for collections. Contractor shall repair or replace at its expense containers damaged as a result of its negligent handling thereof, reasonable wear and tear excepted.
Contractor shall replace lids or covers on containers immediately after emptying.
5. Customer Complaints and Business Office. Contractor shall supply city with copies of all complaint reports and information as to their disposition upon request.
All complaints shall be processed within 24 hours of receipt between Monday and Thursday evening. Complaints received on Friday or a weekend shall be processed on the following Monday. Contractor agrees to establish and maintain at a designated location a satisfactory business office in which its business operations shall be conducted, and public access during normal business hours is provided. Nothing contained herein shall prevent Contractor from discontinuing service for customer nonpayment. 27 Section 9, Item A.
9 6. Special Cleanups. Contractor shall provide a Spring and Fall Cleanup annually, to subscribers with accounts in good standing, at no additional cost.
Contractor will provide the City and each subscriber with literature explaining the scope and schedule of the special cleanups. The service shall only be valid for subscribers with accounts in good standing, and up to 1 cubic yard of waste per subscriber per Special Cleanup.
7. Disposal Operations.
a. All refuse collected in the area described herein by Contractor shall be disposed of at either its Pine Grove Transfer Station or Western Amador Recycling Facility (“WARF”) and ultimately deposited at the Keifer Landfill operated by the County of Sacramento or at such other approved place as the parties may agree. Contractor may also direct haul refuse to the Keifer Landfill without deposit at the Transfer Station or the WARF. Refuse will only be disposed of in landfill sites having all the necessary permits and approvals of any administering jurisdiction.
b. All recyclable materials will be consolidated at either its Pine Grove Transfer Station or Western Amador Recycling Facility (“WARF”) and ultimately processed further at Cal-Waste Recovery Systems in the City of Galt, or at such other approved recycling/processing facility.
8. Expected Performance Level. Contractor understands and acknowledges that every detail of this solid waste handling operation is important to the City for the protection of the health and safety of its residents. Therefore, Contractor agrees to and shall develop and maintain a high and uniform level of orderly and uninterrupted service, cleanliness, appearance, well maintained equipment and responsible training and business techniques which will protect and enhance customer needs and contribute to the service reputation of the City and this franchise system. Accordingly, Contractor agrees:
A) To hire and carefully supervise efficient, competent, sober, and courteous operators and employees for the conduct and operation of the business; B) To maintain all equipment shown on the Equipment List (Attachment 3), to conform with public health standards of cleanliness and neatness, including regular disinfecting and cleaning of each truck.
C) To purchase and maintain said equipment in a manner capable of satisfying all of the City’s standards and meeting all customer needs.
Normal downtime for repairing and service of said equipment is not a material failure to perform the work.
D) Contractor shall have a contingency plan, incorporated herein as Attachment 4. Such plan shall include the ability to bring additional or replacement equipment and/or personnel to the franchise area, in order to perform the required work in the event of a deficiency. 28 Section 9, Item A.
10 E) Contractor shall comply, as a part of Contractor’s duties hereunder, with all State, Federal, Regional, or other appropriate governmental authorities, rules and regulations relating to resource reduction and/or recycling.
ARTICLE I. PERFORMANCE BOND
1. Performance Bond or Alternative Performance Security. Contractor shall provide the City with security acceptable to the City to assure Contractor’s prompt and faithful performance of its obligations under this Agreement, by procuring and providing the City with a fully prepaid surety bond (performance bond) in the amount of $250,000 payable to the City, executed as surety by a corporation authorized to issue surety bonds in the State of California and which corporation is acceptable to the City. At the City’s sole option, contractor may satisfy this requirement by providing as alternative performance security a fully prepaid irrevocable letter of credit issued by a financial institution acceptable to the City. Such performance bond or alternative security shall be provided for the maximum term obtainable for such bond or alternative security, and should be continued by periodic renewal at the option of the Surety, provided that Surety shall give six-months’ notice in writing to the City of either cancellation or its intent not to renew the bond or alternative security. Franchisee shall not be relieved of duties pursuant to this article as a result of any such cancellation or its intent not to renew the bond or alternative security. Franchisee shall not be relieved of duties pursuant to this article as a result of any such cancellation or failure of Surety to renew a performance bond or alternative security. In the event of such a cancellation or expiration, contractor shall obtain a substitute performance bond or alternative security meeting the conditions set forth in this article or as subsequently amended by the City Council, prior to the cancellation or expiration of any performance bond or alternative security. The Performance Bond or alternative Performance Security may be waived by the City, at its sole discretion, assuming performance is satisfactory to the City.
2. City’s Right to Draw Against, Contractor Obligation to Replenish. The City shall have the right to draw against the performance security in the event of a material breach or default by Franchisee or failure of Franchisee to substantially perform any obligation under this agreement. Franchisee hereby waives and relinquishes any and all right of protest if City, after a finding of material breach or failure to substantially perform by the City Council, elects to draw upon the performance bond or other alternative security. Such funding shall only be made after a public hearing of which Franchisee shall be duly noticed at which Franchisee will be allowed an opportunity to be heard. It is understood that franchisee’s waiver does not bind the principal/obligor issuing the bond.
3. Termination of Performance Bond. Under no circumstances, other than City’s waiver, shall Contractor change, or allow the expiration of the Performance Bond or alternative Performance Security provided under this Agreement without written notice to the City and without written authorization from the City to allow such change or expiration. In the event of Contractor’s default, the Performance Bond shall remain in 29 Section 9, Item A.
11 effect until the City or its designated agent has completed all of Contractor’s obligations under the Agreement.
ARTICLE J. RATES.
1. Rates. For all services required to be performed under this Franchise, Contractor shall not charge any amount in excess of the rates fixed pursuant to the Rate Adjustment Methodology described below. The second year of this contract will be treated as Rate Year 2 for the purposes of the Rate Adjustment Process described below.
A list of Current Services, Rates, and Special Charges are incorporated herein by reference and included in Attachment 2.
2. Fuel Surcharge. Contractor shall have the right to implement a fuel surcharge as a direct pass through in the customer rates. The fuel surcharge may be implemented once per calendar quarter if the average price for diesel fuel paid by the Contractor in the previous quarter increases by ten percent (10%) or more above the baseline rate established the preceding year during the Rate Adjustment Process as described in Section 3, below. The surcharge shall be determined using the formula set forth in Attachment 6. Ratepayers’ bills will clearly indicate the additional charge as a fuel surcharge. Once the average quarterly diesel fuel price paid by Contractor falls below the ten percent (10%) threshold established by this section, the fuel surcharge shall be removed from the ratepayers’ bills. The implementation of quarterly surcharges shall be determined during the months of July, October, January and April.
3. Rate Adjustment Methodology. The Rate Adjustment Process will be on a three-year cycle with a cost-based adjustment (Detailed Rate Adjustment) in Rate Year 1 followed by Indexed Rate Adjustments (Refuse Rate Index) in Rate Year 2 and Rate Year 3. The cycle will then repeat with a Detailed Rate Adjustment in Rate Year 4 and so forth in successive years.
Detailed Rate Adjustments under the Agreement shall occur in the same years, and simultaneously with, detailed rate adjustments that occur in accordance with Contractor’s separate Franchise Agreement with the County of Amador, if Contractor is providing franchise service to the County. The Parties recognize that coordinating the City’s and County’s detailed rate reviews in this manner will provide efficiency in the review process, achieve an economy of scale in the review, and result in lower review costs. For purposes of this Agreement, and to conform the City’s rate-review schedule to the County’s schedule, a Detailed Rate Review shall not be conducted more than once every three (3) Calendar Years. A request for a detailed rate review shall be made in writing by Contractor at least four (4) months prior to the beginning of the Fiscal Year in which the results for the detailed rate review are to be applied. Contractor shall pay all reasonable costs for each detailed rate review whether incurred by Contractor or City, and the cost of such a detailed rate review shall be an allowable Pass-Through Cost.
Notwithstanding the foregoing, or any provision of the Agreement to the contrary, the parties shall mutually have the right to waive a Detailed Rate Review for any year for which such a review would be required. If the parties mutually elect to waive a Detailed 30 Section 9, Item A.
12 Rate Review, any adjustment in rate for that year shall be adjusted pursuant to the Refuse Rate Index, as the Agreement provides. If the parties mutually elect to waive a Detailed Rate Review for a particular year, a Detailed Rate Review shall not occur until the next regularly scheduled year in which a Detailed Review would be authorized under this Section (i.e., every third year, after two successive years of adjustments per the Refuse Rate Index).
A) DETAILED RATE REVIEW. A Detailed Rate Review will be performed in each Rate Year that requires a Detailed Rate Adjustment.
1. Non-Allowable Expenses
a) Fines.
b) Liquidated Damages.
c) Penalties and Violations.
d) Income Taxes.
e) Charitable or Political Contributions (including CRRC PAC Expense; CRRC dues other than PAC expenses are an “Allowable Expense”).
f) Good Will.
g) Employee free services in excess of normal weekly garbage service and limited roll off service (debris box/employee/year). h) Related party charges in excess of that which would otherwise reasonably be charged by an unrelated party.
i) Long-term rental or lease charges for collection vehicles or equipment which are greater than the cost of acquisition (although normal interest/financing charges and costs borne by the leasing/rental company that would normally be the responsibility of the hauling company if they owned the assets directly. These costs include but are not limited to license fees, property taxes, insurance, repairs and maintenance).
j) Costs that are not reasonable or necessarily incurred in the performance of the services provided in accordance with the Franchise Agreement.
k) Unless specified in this section, all other reasonable or necessary expenses incurred by ACES in the performance of the services provided in accordance with the Franchise Agreement are allowable.
2. Pass Through Costs and Expenses (Not Subject to Profit) a) Third-party Transfer, Processing and Disposal Expenses (ACES material transport costs are an “Allowable Expense”).
b) Host Fees, Franchise Fees, and Administration Fees.
c) Regulatory or Other Fees.
31 Section 9, Item A.
13 d) Third-party Rate Review Costs. The cost of third-party review shall be passed through to ratepayers over a period of three years, commencing in the fiscal year that follows final completion of the DRR, and recovered in equal quarterly installments during each fiscal year.
e) Reimbursement for expenses of Proposition 218 compliance.
3. Other Allowable Expenses. Reasonable Franchise-related Marketing Expense, Promotional Expense and Travel Expenses are Allowable Expenses.
4. Variance Analysis. Upon express written request by City, ACES shall provide line-item revenue and expense variance analysis for prior 4 years (since last Detailed Rate Review) and provide explanation of significant variances as part of Detailed Rate Application.
5. Other Terms Related To Profit. Eighty-Seven point Five percent (87.5%) Operating Ratio contingent upon the City’s compliance with all terms and conditions of the Franchise Agreement and any and all other related requirements. Determination of compliance shall rest solely with the City.
6. Basis for Rate Adjustment Calculation. The rate adjustment for the Current Year is to be based on the Rate Adjustment Methodology applied to the results for the Prior Year (e.g., FYE 2022 Actual results will serve as the basis for 2023 Rate Adjustment).
7. Schedule for Annual Rate Adjustments
a) Detailed and Indexed Rate Applications due to City by June15th b) Detailed Rate Review to be completed, and City Council action, by October 15th.
c) Rate Adjustment to become effective on January 1
st
.
8. Other Terms Related to Detailed Rate Adjustment
a) ACES to provide Income Statements annually including Indexed Rate Adjustment Rate Years.
b) Income Statement to be audited for Detailed Rate Review year only (with exception of Material Sales Revenues which City reserves the right to have audited every year).
c) Notwithstanding the Schedule for Annual Rate Adjustments, if an extraordinary or unanticipated event should occur, including change in law, new or increased/decreased governmental or regulatory fees or tip fees or other event that materially affects ACES’ compensation and over which they have no control, then 32 Section 9, Item A.
14 ACES or City may request an Interim Compensation Adjustment.
At the City’s discretion, the Interim Compensation Adjustment may be incorporated into the base rate, but not more frequently than quarterly. ACES shall clearly document the reason for the proposed adjustment, calculation of the proposed cost adjustments and supporting documentation. The City reserves the right to determine what constitutes a material affect that would trigger an Interim Compensation Adjustment as a result of events other than a change in law, increase/decrease in governmental or regulatory fees or tip fees.
d) There are to be no Balancing Accounts associated with the Rate Adjustment process. Either party may request a full cost-based rate application (Detailed Rate Review) in place of an Indexed Rate Application. If allowed, any associated third-party cost in excess of $5,000 is to be paid by the party making the request. e) ACES is to identify any revenues and/or expenses that are allocated and identify the specific allocation methods. City reserves the right to review any such allocations for
reasonableness.
f) City reserves the right to review ACES’ franchised operations to obtain assurances that ACES is operating in a cost-effective manner. City recognizes that there are many reasonable and costeffective ways of providing solid waste services and the City is not interested in dictating the specific collection methodologies, the City’s concern is that the chosen methods are reasonable and can be reasonably justified by ACES.
g) Any third-party costs of future rate reviews are to be paid by ACES and are to be allowed as a Pass Through Cost not subject to profit.
B) INDEXED RATE ADJUSTMENT. An Indexed Rate Adjustment will occur in Rate Year 2 and 3 and as set forth above. An Indexed Rate Adjustment will be based upon the Refuse Rate Index (“RRI”). 1) Rate Year 2
a) RRI to be applied to the total of each applicable category (e.g., labor, fuel, R&M, depreciation, Other: from detailed rate review Income Statement (Rate Year 1) to generate Year 2 Indexed Expenses that will serve as the basis for the Year 2 Rate Adjustment Calculation.
b) Disposal expenses to be projected based on best available information.
c) Material Sales revenues to be set to prior year actual revenues during RRI years to account for commodity price fluctuations. 33 Section 9, Item A.
15 City reserves the right to require that Material Sales revenue be audited during RRI years.
2) Rate Year 3. RRI to be applied to Rate Year 2 Indexed Expenses that will serve as the basis for the Rate Year 3 Adjustment calculation.
Material Sales revenue to be set to prior year actual revenues during RRI years to account for commodity price fluctuations.
3) Other Terms Related To Refuse Rate Index
a) Indexed Adjustment for “All other” costs to be set at 100% of CPI rather than 75% as originally proposed.
b) Consideration to be given to the use of CA No 2 Diesel Fuel Index or other proposed index (e.g., CA No 2 Diesel Ultra Low Sulfur Fuel) mutually agreed upon by ACES and City.
c) Material Sales Revenues to be set to prior year actuals during RRI years to account for commodity price fluctuations.
ARTICLE K. FRANCHISE FEES
1. Payment. In consideration of the franchise privileges granted by City, and in recognition of the reasonable costs City incurs to maintain its public streets, comply with AB 939, and administer this Agreement, Contractor shall pay to City on a quarterly basis a franchise fee of seven percent (7%) of the gross revenues from Contractor’s operations in the City annually. Franchise fees shall be paid to and received by City on or before the last business day of each quarter. Any late franchise fee payment shall be subject to a
1.5% per month late fee. In addition, Contractor shall pick up all City garbage and refuse at the locations and in the frequencies detailed in Attachment 5, without charge. The City may adjust the franchise fee from time to time during the term of this Agreement.
Any adjustment to the franchise fee shall be considered a pass-through adjustment, and as such shall be recoverable to Contractor through an adjustment to the rates.
2. Profits/Losses from Recycling Operation. In addition to franchise fees paid on the basis of gross revenues derived from solid waste collection and disposal services, Contractor shall include revenues, if any, and expenses from the collection and sale of recyclable materials generated from ACES’ Sutter Creek recycling program as separate line items on its operating statements.
3. City Administration. In addition to the Franchise Fee required under this Article, Contractor shall pay the City an annual Administration Fee to cover the City’s administrative, legal, and other costs associated with or arising from the City’s performance of the City’s duties under this Agreement if it is determined by the City that the Franchise Fees paid did not fully provide for any and all costs that were reasonably related to the City’s performance of its duties under this Agreement for that fiscal year.
On or before the last day of a fiscal year, the City shall provide Contractor a written 34 Section 9, Item A.
16 statement identifying and summarizing any expenses it incurred, with sufficient proof included, in accordance with this section during that fiscal year. Contractor shall thereupon pay the total sum of such expenses within the following fiscal year in quarterly installments at the same time and in the same manner as franchise fees are paid . The Administrative Fee shall not exceed $5,000.00 per year.
ARTICLE L. REPORTS AND FINANCIAL AUDITING
1. Financial Reporting. Contractor shall submit to the City quarterly and annual year-end financial statements which clearly identify Contractor’s profits or losses. Such statements shall be prepared pursuant to standard bookkeeping procedures, said procedures being acceptable to the City. Quarterly statements shall be provided within 30 days of the end of the quarter. Financial statements as determined to be necessary by the City Council shall be required in the event of any request by contractor for a rate increase. Contractor shall also provide City with quarterly financial reports showing the performance of Contractor’s recycling programs. Contractor agrees to and shall keep true and correct records and books of account from which the City may readily determine the status and progress of the Franchisee’s business operation. The Contractor further agrees that City, by any of its authorized personnel, may inspect such books and records in Contractor’s business office at reasonable times. City shall have the right to examine equipment orders, customer accounts and other related records, as deemed necessary by City.
2. Annual Reports. Upon request by the City, within one hundred twenty (120) days after the close of Contractor’s fiscal year (Contractor’s fiscal year ends December 31st each year), Contractor shall submit to the City a written annual report, in a form approved by the City, including but not limited to, the following information:
A) A summary of the previous year’s (or in the case of the initial year, the initial year’s) activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each class and level of service.
B) Contractor shall also submit annual revenue statements to the City setting forth quarterly franchise fees and the basis for calculation thereof, certified by an officer of the contractor. Said statement shall include revenues received under this Agreement, outstanding accounts receivable, bad debt write-offs and recoveries, and regulatory fees submitted to the City.
C) A list of Contractor’s Officers and member of its Board of Directors.
3. AB939 Requirements. During the term of this Franchise Agreement, Contractor shall submit “Quarterly Station Notification to County or Regional Agency” to County of Amador as lead agency for the AB939 Regional Agency, with a courtesy copy submitted to City, and more often if required by law, information reasonably 35 Section 9, Item A.
17 required by City to meet its reporting obligations imposed by AB939, and the regulations implementing AB939, in a manner approved by City. Contractor agrees to submit said courtesy copy to the City in electronic form if reasonably requested by City. Contractor agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of City’s Source Reduction and Recycling Element and Non-Disposal Facility Element.
4. Waste Audits. Grantee shall conduct waste audits at the request of City where such waste audits are necessary to enable City to comply with the requirements of State or Federal law. The results of such audits will be memorialized on forms approved by the City. The purpose of the audit will be to identify volume and characteristics of Solid Waste being generated by the customer. A copy of the audit shall be provided by the Contractor to the City, and to Contractor’s own files.
5. Customer Lists. Upon request by City, Contractor shall immediately furnish to City current copies of customer lists, pick-up addresses and corresponding parcel numbers and service levels. City acknowledges that information pertaining to the accounts or customer list is confidential information which City will protect from public disclosure, except in the event of substantial default by Contractor, or where disclosure is required by court order.
Franchisee shall use all reasonable efforts to observe and protect the rights of privacy of customers. Information identifying individual customers, or the composition or content of a customer’s refuse or recyclables shall not be revealed to any person, private agency or company, unless upon the request of federal or state law enforcement personnel, the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Franchisee from preparing, participating in, or assisting in the preparation of waste characterization studies or other reports requested by the City under the Franchise Agreement or required or requested by any governmental agency.
Grantee shall not market or distribute outside the normal course of its business mailing lists with the names and addresses of customers.
6. Financial Auditing. At City’s request, annual financial statements shall be reviewed and certified, at Contractor’s expense, by a certified public accountant mutually approved by City and Contractor. The form of the review shall be acceptable to City.
Such reviews shall be conducted initially as a limited scope and screen review, which examines the validity of representative sampling of financial data. If significant discrepancies are found in the initial screening review, a more comprehensive audit shall be conducted at contractor’s expense.
7. Failure to Report. The refusal, failure or neglect of the grantee to file any of the reports required, or to provide material information to City, or the intentional inclusion of any materially false or misleading statement or representation made knowingly by Contractor shall be deemed a material breach of the Franchise Agreement, 36 Section 9, Item A.
18 and shall subject the Contractor to all remedies, legal or equitable, which are available to the City under the Franchise Agreement.
ARTICLE M. DEFAULT, TERMINATION, WAIVER.
1. Default and Automatic Termination. Contractor shall be deemed to be in default under this Franchise and all rights and privileges granted to contractor shall terminate upon thirty (30) days written notice and this Agreement shall be terminated automatically if:
A) Contractor’s collection or disposal service remains inoperative for any period of five (5) or more consecutive business days, unless due to force majeure.
B) Contractor fails to submit required franchise fee payments to City or maintain all required policies of insurance.
C) Contractor: (i) becoming insolvent or bankrupt or ceasing to pay its debts as they mature or making an arrangement with or for the benefit of its creditors or consenting to or acquiescing in the appointment of a receiver, trustee or liquidator for a substantial part of its property; or (ii) being or becoming a party to a voluntary or involuntary bankruptcy, winding up, reorganization, insolvency, arrangement or similar proceeding instituted by or against the Franchisee under the laws of any jurisdiction, which proceeding, if involuntary in nature, has not been dismissed within sixty (60) days; or (iii) taking any action approving of, consenting to, or acquiescing in, any such proceeding; or (iv) being a party to the levy of any distress, execution or attachment upon the property of the Franchisee which shall substantially interfere with the Franchisee’s performance hereunder. In the event of the Franchisee being or becoming insolvent or bankrupt, the Franchisee shall: (i) assume or reject this Agreement within sixty (60) days after the order for relief; (ii) promptly cure any failure to perform its obligations or any event of default arising under this Agreement for reasons other than the event set forth in this paragraph; (iii) provide adequate assurance of future performance under this Agreement under 11 USC Section 365(b)(1)(c), or any successor provision of the Federal Bankruptcy Code. The foregoing provisions shall not prevent the City from requesting such other conditions to assumption of this Agreement, as it deems reasonable and necessary; and (iv) Franchisee concludes any other transfer of this franchise except as authorized by Article N of this Agreement.
D) Contractor fails to perform any material condition, covenant or performance requirement in the Agreement, as established by the City Council findings of fact and a decision supported thereby. 37 Section 9, Item A.
19 2. Duties Upon Termination. In the event of termination of this Franchise Agreement for any reason, Contractor shall:
A) Within Thirty (30) days of written notice from City, cease all operations hereunder; and
B) Immediately cause all business records, customer lists, addresses, billing data and other pertinent operating information to be transferred to City; and
C) Immediately pay all amount of fees (including attorney’s fees and court costs) which may be owing and appoint City or any of its officers as its attorney-in-fact to execute all instruments and to do all things necessary to accomplish the operations of garbage collection and disposal on behalf of the public; and
D) Permit City to provide collection service by any means available to City, and pay any and all costs incurred by City over and above the amount of the performance bond (defined in Article I herein). In such event, City shall also have the right to the use and possession of all items of operating equipment used in the business of Contractor within the franchise area, for the purpose of providing garbage collection service. This provision shall be in addition to any other remedies available to City at law or in equity to compensate it for losses caused by Contractor’s breach or to compel compliance with this Franchise. In such event, City shall hold harmless, indemnify and defend Franchisee from any liability proximately cause by City’s use and operation of such equipment and shall provide liability insurance coverage satisfactory to Franchisee in the reasonable exercise of its discretion.
E) Notwithstanding the foregoing, and at City’s sole election, in the event of termination, Contractor shall provide all services pursuant to this Agreement for a period of three months following the effective date of termination, or for a lesser period as determined by City.
3. Waiver. The waiver of any default or defaults shall not operate as a waiver of any successive defaults and all rights of the City on default by contractor shall continue, notwithstanding one or more waivers.
4. System and Services Review. To provide for technological, economic, and regulatory changes in Solid Waste collection, to facilitate recycling programs, to promote competition in the Solid Waste Industry, and to achieve a continuing, advanced Solid Waste collection system, the following system and services review procedures are hereby established:
38 Section 9, Item A.
20 A) Public Hearing. At City’s sole option, City may hold a public hearing on or about the first anniversary date of the Franchise Agreement to review Franchisee’s collection systems and services. Subsequent system and services review hearing may be scheduled each two (2) years thereafter.
B) Franchisee’s Report. Sixty (60) days after receiving notice from the City, Franchisee shall submit a report to City indicating the following:
1) Performance of all Solid Waste collection and recycling services provided by Franchisee.
2) Changes recommended to improve the City’s ability to meet the goals of AB939.
3) Any specific plans for provisions of such new services by the Franchisee along with the estimated expenses and adjustments to rates necessary to compensate Franchisee for providing such services.
C) Service Review Topics. Topics for discussion and review at the system and services review hearing shall include, but shall not be limited to, services provided, customer complaints, rights of privacy, amendments to the Franchise Agreement, developments in the law, and new initiatives for meeting or exceeding AB939’S goals and regulatory constraints.
ARTICLE N. ASSIGNMENT.
1. Right of Assignment. Neither this Franchise, nor any rights, privileges or duties hereunder, shall be assignable or transferable in whole or in part by the Contractor by stock transfer, formation of a new partnership, corporation or entity or any other conveyance mechanism without prior written approval by City Council Resolution after the following findings of fact:
A) Capacity of the proposed assignee as to financial competency, performance and service, record, and equipment inventory; B) Guarantee of performance by assignee based upon financial security and insurance and bonding capability;
C) An assignment or transfer under this section shall not include a transaction(s) with an Affiliate of Contractor. Nor shall an assignment or transfer under this section include any transfer to an intervivos or testamentary trust for estate planning purposes.
2. Transfer Fee. Any application for a franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a reasonable transfer fee in an amount to be set by the City Council to cover the anticipated cost of all 39 Section 9, Item A.
21 direct administrative expenses including reasonable attorney fees necessary to adequately analyze the application and to reimburse City for all direct and indirect expenses.
3. Non-recoverable Costs. These Franchise Transfer Fees are over and above any Franchise Fees specified in this Franchise Agreement and shall not be recoverable costs for rate setting purposes.
ARTICLE O. LIABILITY FOR BREACH.
In the event of any defaults on the part of Contractor, City may elect to permit Contractor to cure and correct the same pursuant to a written notice from City specifying the nature of the default, the time within which to cure and any procedures required.
Upon receipt of any such notice to cure a default, contractor shall pay to City all damages, costs, and expenses, including reasonable attorney’s fees incurred by City as a result of the default. City may adopt and impose a schedule of monetary penalties for each occurrence of a default or violation or infraction of any provision of this Franchise.
Such schedule shall be adopted by City Council Resolution, following a public hearing conducted for the purpose of considering said schedule.
ARTICLE P. NOTICES
All notices and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery when delivered personally to the parties as specified below or three (3) days following the date deposited in the United States Mail. All notices or other communications sent by mail shall be sent postage prepaid by certified first class mail, return receipt requested, to the address specified below:
If to the City, address to:
City Manager
18 Main Street
Sutter Creek, CA 95685
If to the Contractor, address to:
Paul Molinelli, Sr.
ACES Waste Services INC.
6500 Buena Vista Road
Ione, CA 95640
ARTICLE Q. SEVERABILITY.
Each article, part, term, and provision of this Franchise shall be considered severable. If for any reason any article, part, term or provision herein is determined to be invalid and contrary to or in conflict with any existing or future law or regulation of a 40 Section 9, Item A.
22 court or agency having valid jurisdiction, such determination shall not impair the operation or affect the remaining portions, articles, parts, terms or provisions of this Franchise and the latter will continue to be given full force and effect and bind the parties hereto. The invalid article, part, term, or provision shall be deemed not to be a part of this Franchise.
ARTICLE R. ENTIRE FRANCHISE.
This Franchise and the documents and applicable state and local laws referred to herein shall be the entire, full, and complete Franchise between the parties and shall supersede to obligate the Contractor to perform accordingly hereunder.
1. Force Majeure. Franchisee shall not be in default under this Franchise Agreement in the event that the collection, transportation and/or disposal services of Franchisee are temporarily interrupted or discontinued for reasons outside the reasonable control of the Franchisee, including but not limited to riots, wars, sabotage, civil disturbance, insurrection, explosions, health pandemics, natural disasters such as floods, fires, earthquakes, disturbances, excessive snow, acts of God, or other similar or dissimilar events which are beyond the reasonable control of Franchisee. Other events do not include the financial inability of the Franchisee to perform or the failure of the Franchisee to obtain any necessary permits or licenses from other governmental agencies of the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Franchisee.
2. Independent Contractor. Franchisee is an independent contractor and not an officer, agent, servant, or employee of City. Franchisee is solely responsible for the acts and omissions of its officers, agents, employees, grantees, and subgrantees, if any.
Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Franchisee. Neither Franchisee nor its officers, employees, agents or subgrantees shall obtain any rights to retirement or other benefits which accrue to City’s employees.
3. Right of Entry. Franchisee shall have the right, until receipt of written notice revoking permission to pass is delivered to Franchisee, to enter or drive on any private street, court, place, easement, or other private property for the purpose of collecting or transporting Solid Waste pursuant to this Franchise Agreement.
4. Law to Govern: Venue. The law of the State of California shall govern this Franchise Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Amador.
41 Section 9, Item A.
23 5. Successors and Assigns. Subject to the other terms and conditions herein, this Agreement shall be binding upon and inure to the benefit of the respective successors, permitted assigns, administrators and trustees of the City and Franchisee.
6. Fees and Assigns. Franchisee shall not, nor shall it permit any agent, employee or subgrantee employed by it to request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Franchise Agreement.
7. Entire Agreements and Amendment. No amendment of this Franchise Agreement shall be valid unless in writing duly executed by the Parties. This Franchise Agreement contains the entire Agreement between the Parties and no promises, representations, warranty, or covenant not included in this Agreement have been or are relied upon by either party. This Franchise Agreement is intended to supersede and replace all prior agreements between the parties, except as otherwise specifically provided in this Agreement.
8. Compliance with Franchise Agreement. Grantee shall comply with those provisions of the City Code which are applicable, and with any and all amendments to such applicable provisions during the term of this Franchise Agreement, provided that such provisions are not inconsistent with the terms of this Franchise Agreement.
9. Police Powers. Nothing in this Agreement is intended to or may limit City’s authority pursuant to its Police Powers.
10. Exhibits Incorporated. Exhibits are attached to and incorporated in this Franchise Agreement by reference.
11. Joint Drafting. This Franchise Agreement was drafted jointly by the Parties to the Franchise Agreement; no presumption shall arise from the identity of the drafter.
12. Judicial Review. Nothing in this Agreement shall be construed to prevent either party from seeking redress to the courts for the purposes of legal review of administrative proceedings in regard to rate setting or City’s actions taken pursuant to this Agreement, or for the purpose of interpreting or enforcing the provisions contained in this Agreement. Provided, however, that prior to the institution of any such judicial proceedings the parties shall first meet and confer informally in order to resolve any such dispute. The parties may utilize the services of a mutually acceptable mediator for purposes of dispute resolution. In that event, each party shall pay for the costs of onehalf of the mediation.
ARTICLE S. MISCELLANEOUS
1. Compliance with Hazardous Waste Laws. The Parties hereto recognize that federal, state and local agencies with responsibility for defining Hazardous Waste and for regulating the collection, hauling or disposing of such substances, are continually 42 Section 9, Item A.
24 providing new definitions, tests and regulations concerning these substances. Under this Agreement, it is Franchisee’s responsibility to keep current with the regulations and tests on such substances and to identify such substances and to comply with all federal, state and, to the extent not inconsistent with this Agreement, local regulations concerning such substances. Franchisee shall make every reasonable effort to prohibit the collection and disposal of Hazardous Waste in its operation.
2. Non-Collection Tags. When solid waste is not collected from any solid waste customer, Franchisee shall notify its customer why the collection was not made and shall attach tags approved by the City to the waste not so collected which clearly identify the reasons for such non-collection.
3. No Collection or Disposal of Hazardous Waste. Except as provided in this subsection, Franchisee shall not collect, handle, process, transport, arrange for the transport of or dispose of Hazardous Waste pursuant to this Franchise Agreement.
4. Enforcement. Contractor may protect the rights granted to it by the provisions of this Agreement and may enforce the provisions of this Agreement against any persons or businesses, without limitation, through any legal means necessary.
Notwithstanding Contractors right to independently enforce its rights granted herein through any legal means necessary, City shall retain all of its rights with regard to pursuing or not pursuing remedies concerning violations or alleged violations of City’s solid waste ordinance or other ordinances.
ARTICLE T. PROPOSITION 218
1. Proposition 218 Compliance. City shall be responsible for complying with all requirements of XIIID of the California Constitution and all requirements of Government Code Section 53750 et seq. (collectively, “Proposition 218”), to the extent compliance with Proposition 218 is required. Contractor shall cooperate with City in providing the records and documentation, including customer and mailing lists with corresponding assessor parcel numbers, necessary to provide all notices and information required to conduct majority protest proceedings under Proposition 218. In conducting such proceedings, City shall consult with Contractor, as necessary, and shall keep Contractor reasonably informed of the progress concerning each protest hearing City conducts. However, City shall at all times act independently of Contractor in administering majority protest proceedings and shall at all times exercise its own judgment in ascertaining and applying the requirements of Proposition 218.
2. Reimbursement for Expenses of Proposition 218 Compliance.
Following the completion of any proceeding under Proposition 218, Contractor shall reimburse City for all expenses incurred in providing notices to affected ratepayers and conducting the majority protest proceeding required by that initiative. Such expenses shall include the reasonable costs that City administration, staff, and counsel incur in providing or administering the notices, hearing, and counting of protests required. For Purposes of Article J, Section 2 of the Agreement, such expenses shall be treated as passthrough costs and expenses. 43 Section 9, Item A.
25 3. Reductions in Service Following Majority Protest. Following a majority protest to any requested rate increase, the Parties shall promptly meet and confer to discuss the impact to Contractor on its ability to provide further services under the Agreement. As part of their efforts to meet and confer, the Parties shall discuss modifications to the services Contractor provides, or reductions in the levels of service it provides, that would allow Contractor to continue to receive a reasonable profit under the Agreement. Should the Parties agree on modifications and/or reductions in service, they shall enter into a separate amendment to the Agreement to memorialize the agreed upon terms. In no event, however, shall any modification in service or reduction in the service level be authorized in violation of any minimum performance standard governing the collection of solid wastes and recycled materials, including but not limited to any provision of the Integrated Waste Management Act (“AB 939”), Titles 14 and 27 of the California Code of Regulations, and Chapter 9.08 of the Sutter Creek Municipal Code.
ATTACHMENTS:
Attachment 1 Copies of the initial certificates of insurance, police endorsements Attachment 2 List of Current Services, Rates, and Special Charges Attachment 3 Equipment List
Attachment 4 Contingency Plan
Attachment 5 Pick Up Locations
Attachment 6 Fuel Surcharge
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AGREED AND ACCEPTED:
CITY OF SUTTER CREEK ACES WASTE SERVICES, INC.
__________________________ ____________________________ Interim City Manager President
Date: _____________________ Date: _______________________ 44 Section 9, Item A.
45 Section 9, Item A.
Company Overview
Competition Sensitive Page 1
1. Company
Description
Republic Services is a national leader in
environmental services, delivering
essential services to more than 2,000
communities, and 13 million customers.
Local Presence
For decades, Republic Services has
partnered with municipalities, residents, and
businesses to provide solid waste, recycling,
yard waste, and bulky item collection
services.
Republic Services serves the communities
our employees live within. In fact, as a
community partner, we employ thousands of
people who reside across Northern
California.
We place great importance on talent and
recognize that our employees are our most
important asset. Republic Services
endeavors to provide the very best working
conditions, including a safe environment,
competitive pay and benefits, and many
opportunities for personal and professional
growth. In fact, many of our supervisors and
managers began their careers at Republic
Services as drivers, landfill operators or
technicians.
Our Company
Republic Services is an industry leader in
environmental services, recycling, and
waste.
With 39,000 employees and 16,000 trucks
on the road, we operate the fifth largest
vocational fleet, and we’re able to serve
customers throughout the nation and
beyond. Our extensive infrastructure
includes 198 active, modern landfills and 71
recycling centers.
In addition to our daily operations, we have
our eyes on the future, currently operating
77 landfill gas and renewable energy
projects, and we’re adding 39 more in a
joint venture with Archaea Energy/bp in the
next decade.
Our Promise
Sustainability in Action™ is our promise
and it’s more than just a promise for us. It’s
who we are and what we do. As an
environmental services leader, we make a
commitment to operate in the most
responsible way possible. We’re not waiting
for tomorrow; we’re doing the hard work of
sustainability today, within every facet of
our business.
Our Vision
Republic Services’ vision is partnering with
customers to create a more sustainable
world. This vision is intentionally ambitious
and demonstrates our commitment to
achieve real sustainability. We also partner
with customers to help them follow through
on their commitments and responsibilities.
Republic Services invests in our
communities by continuing to provide
customers with safe, customerservice-focused solutions. ▪ Municipalities that partner with Republic
Services typically renew or extend their
contracts about 90% of the time. We’ve
had some partnerships for longer than
50 years.
▪ Our 16,000 drivers execute more than
5M pickups/day nationwide.
▪ Republic Services Charitable Foundation
gives back to communities through our
National Neighborhood Promise and
community-based grant programs.
Figure 1. Environmental Responsibility. We
believe there will always be more we can do to
enhance our sustainability efforts, and, in the
process, strengthen our business.
46 Section 9, Item A.
Company Overview
Competition Sensitive Page 2
Values
We believe that empowered and engaged
employees are the greatest indicator of our
success. We are guided by the principles we
have adopted as our core values. These
include:
Safe – We protect the livelihoods of our
colleagues and communities.
Committed to Serve – We go above and
beyond to exceed our customers’
expectations.
Environmentally Responsible – We take
action to improve our environment.
Driven – We deliver results in the right
way.
Human-centered – We respect the dignity
and unique potential of every person.
Sustainability
At Republic Services, we are dedicated
environmental stewards entrusted to
properly handle materials every day by
driving increased recycling, generating
renewable energy and helping our
customers be more resourceful. Republic
Services leads by example, working
diligently to improve our relationship with
the environment and society through
decreased vehicle emissions, innovative
landfill technologies, use of renewable
energy, community engagement and
employee growth opportunities.
Sustainability contributes to a cleaner world,
provides opportunities to increase customer
loyalty, grows our business, motivates our
employees, and differentiates Republic
Services from our competitors.
People
Our people are the center of our success.
Attracting, developing, and engaging the
best talent is critical to our success.
Whether it’s through our dedication to
safety, robust learning and talent
development programs or expanding our
diversity and inclusion initiatives, we are
committed to making Republic Services an
employer of choice where the best and
brightest come to work.
Leadership
Republic Services’ operations are expansive
in scope and network but local in operations
and service. The dynamics and opportunities
differ in each of our markets.
Our national presence allows us to identify
and incorporate best practices that drive
greater overall operating efficiency across
the company while maintaining day-to-day
operating decisions at the local level, closest
to the customer. We manage our operations
through 10 geographic operating areas,
consisting of multiple business units and
divisions that each provide recycling and
waste collection, transportation, and
disposal services.
Your solid waste contract will be executed
locally, by our seasoned team located at
Delta Container Corporation. This local team
has the backing and support of corporate
staff.
Legal Entity
Entity Name: Delta Container Corporation
Entity Type: Corporation
Registration Date: 9/02/1971
Ownership
Delta Container Corporation is a whollyowned subsidiary of Republic Services, Inc.
Republic Services, Inc. is a publicly traded
company on the New York Stock Exchange
(NYSE symbol: RSG).
Associations
Republic Services is a member of the
following associations. Our employees are
actively engaged in these organizations and
serve on the board of directors and/or are
elected officers in many cases.
▪ National Waste & Recycling Association
(NWRA)
▪ Solid Waste Association of North
America (SWANA)
▪ Environmental Research and Education
Foundation (EREF)
▪ United States Green Building Council
(USGBC)
47 Section 9, Item A.
Company Overview
Competition Sensitive Page 3
▪ Public Affairs Council
▪ U.S. Conference of Mayors, Solid Waste
Advisory Council
▪ International City Managers Association
(ICMA)
▪ International Facility Managers
Association (IFMA)
48 Section 9, Item A.
Company Overview
Competition Sensitive Page 4
Relevant Experience
With approximately 2400 municipal
contracts, and approximately 100 new
contract starts per year, Republic
Services offers a demonstrable record
of excellent past performance.
Our performance and customer satisfaction
are reflected in the length of our
partnerships. Almost 90% of contracts that
are in a negotiating cycle choose to stay
with our service.
References
Republic Services is proud to partner with
approximately 2000 municipalities across
the nation. To assist in obtaining feedback
from partners that best align with your
requested services and size, references are
available upon request.
Litigation and Regulatory Actions
There are no active litigation and/or
regulatory actions against Delta Container
Corporation.
Guarantee of Performance
Delta Container Corporation guarantees our
ability to provide all necessary equipment to
service this municipal contract. Additionally,
we guarantee performance via our financial
security, insurance, and bonding capability.
Financial Qualifications
Financials and Other Requested
Information
Republic Services is among the leading
recycling and waste services companies in
the United States, with the financial strength
and stability to exceed the City of Sutter
Creek’s expectations for the duration of the
contract and beyond.
Legal Name of Proposing
Entity
As stated in the Transmittal Letter, the
entity which would sign the assigned
Franchise Agreement is Delta Container
Corporation, a corporation and wholly
owned subsidiary of Republic Services, Inc.
Services will be provided by Delta
Container Corporation d/b/a Allied
Waste Services of San Joaquin County,
Republic Services of Stockton.
Entity Submitting Financial
Statements
Financial information submitted in
connection with this proposal and any
forthcoming Agreement will be that of
Republic Services, Inc., a publicly traded
company on the New York Stock Exchange
(NYSE: RSG). Summary financial
information included in this section is for
Republic Services, Inc.
Years Incorporated and Doing
Business
Republic Services, through its legacy
companies, has been providing solid waste
services in Northern California for over 100
years.
Corporate and Local
Headquarters
Corporate Headquarters:
Republic Services past performance
proves that it is the low-risk, best
value partner for the City of Sutter
Creek
▪ Environmental Responsibility ‒
approximately 21% of the fleet operates
on natural gas
▪ Safer ‒ 38% fewer incidents than
industry average
▪ Environmental Responsibility ‒ #15 on
the 2023 Barron’s 100 Most Sustainable
Companies
▪ Currently serving over 5 million
customers per day nationwide.
The financial strength you need in a long-term
partner for the City of Sutter Creek
▪ Financial capacity to continually invest in
equipment and preventive maintenance
▪ One of the youngest fleets in the industry
and the fifth largest in the country
▪ Reinvesting in state-of-the-art equipment
and facilities
49 Section 9, Item A.
Company Overview
Competition Sensitive Page 5
Republic Services, Inc.
18500 North Allied Way
Phoenix, AZ 85054
(480) 627-2700
Local Headquarters:
1145 W. Charter Way
Stockton, CA 95206
Financial Overview
Republic Services’ financial stability allows
us to guarantee our commitments and
obligations presented to the City of Sutter
Creek in our proposal. We have the capacity
to continually invest in equipment and
preventive maintenance, as evidenced by
having one of the youngest fleets in the
industry.
Republic Services does not use third party
financing, meaning Republic Services owns
all assets used to perform the duties of this
agreement. The City should not be
concerned with the potential for adverse
business or performance conditions affecting
the ability of our company to perform or
obtain financing.
We implore the City of Sutter Creek to take
financial stability into serious consideration
when choosing a long-term partner for your
recycling and waste needs. In many
instances, the success of a service provider
is dependent on their ability to invest in
necessary equipment or personnel.
Financial Reporting
Republic Services, Inc. provides audited
financial statements on behalf of its
subsidiaries. Our most recently completed
audited financial statements can be found
on our website at:
https://investor.republicservices.com/staticfiles/c6ae65a4-6687-48c8-8803- 1f96a35ee4d8
The Annual Reports to Shareholders have
been prepared in accordance with Securities
and Exchange Commission requirements,
with New York Stock Exchange Commission
requirements, and in accordance with
generally accepted accounting principles
(GAAP).
Labor Agreements and Wages
Republic Services offers a safe, respectful,
and rewarding workplace for our employees
and provides the best training and safety
programs in the industry.
Republic Services focuses on maintaining a
positive and professional relationship with
its workforce through continuous training
and consistent communication. We utilize
this approach with both our represented and
non-represented employees.
We negotiate fairly with our labor unions,
carefully balancing the needs of the
workforce with the cost to provide service
and the ultimate impact it will have upon the
municipality we are partnering with.
Republic Services works tirelessly with our
labor partners to ensure labor peace and,
although the parties do not always agree,
both sides work respectfully and relentlessly
to reach an expeditious resolution.
Republic Services will commit to the City of
Sutter Creek that the organization will take
every reasonable measure to avoid a labor
dispute or labor unrest during the term of
the collection services agreement.
In the unlikely event of a labor dispute or
unrest, Republic Services will immediately
implement a plan to minimize the impact to
the City of Sutter Creek by utilizing our
expansive network of local facilities,
equipment and people to ensure there is
minimal disruption in service.
50 Section 9, Item A.
Company Overview
Competition Sensitive Page 6
Figure 2. Republic Services’ Strengths. Republic Services’ dedication to our employees, the communities we serve, and environmental sustainability is relentless. 51 Section 9, Item A.
RESOLUTION 24-25-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK
CONSENTING TO THE ASSIGNMENT OF A SOLID WASTE FRANCHISE FROM ACES WASTE SERVICES, INC. TO DELTA CONTAINER
CORPORATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AMENDMENT TO THE SOLID WASTE FRANCHISE AGREEMENT
BETWEEN THE CITY AND ACES
WHEREAS, the City of Sutter Creek (“City”) and ACES Waste Services, Inc. (“ACES”) are parties to the Amended and Restated Franchise Agreement for Sold Waste Collection, Disposal, and Recycling Services, effective January 1, 2023 (“Agreement”); WHEREAS, the Agreement provides ACES an exclusive franchise to collect solid waste and recycled materials from within City limits through an initial term ending on December 31, 2037 and an additional five-year extended term;
WHEREAS, Article N of the Agreement provides for an assignment of the Agreement from ACES to a qualified successor;
WHEREAS, ACES has entered into an asset purchase agreement with the Delta Container Corporation, a California Corporation that is part of Republic Services (“Republic”), a publicly traded national solid waste collection company; WHEREAS, ACES and Republic seek the City’s consent for an assignment of the Agreement from ACES to Republic under Article N of the Agreement; WHEREAS, In accordance with Article N of the Agreement, the City Council finds:
1. Republic has the capacity, financial competency, performance and service record, and equipment inventory necessary to perform the covenants of the Agreement;
2. Republic has provided an adequate guarantee and has the financial security and bonding capability necessary to perform the covenants of the Agreement; and
3. The proposed transaction does not involve an agreement between affiliated parties;
WHEREAS, ACES and Republic have presented to the City, and jointly request that the City Council authorize the execution of, an Amendment to the Amended and Restated Franchise Agreement and Consent to Assignment (“Amendment and Consent”) in the form attached as Exhibit A to this Resolution; and
WHEREAS, the California Environmental Quality Act (“CEQA”) is not applicable to the execution of the Amendment and Consent because such action is not a “project,” as defined 52 Section 9, Item A.
by California Code of Regulations, Title 14, section 15378(a), and because the action would qualify for the “Common Sense Exemption” (14 Cal. Code Regs., § 15061(b)(3)) to the extent any project were involved.
NOW THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Sutter Creek that the City Manager is authorized to execute the Amendment and Consent on behalf of the City.
BE IT FURTHER RESOLVED that in accordance with Article N of the Agreement, the City Council imposes a transfer fee of $2,500 and directs the City Manager to collect this sum as a condition for executing the Amendment and Consent.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 16th day of September 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
______________________________
Claire Gunselman, Mayor
______________________________________
Karen Darrow, City Clerk
53 Section 9, Item A.
AMENDMENT
TO THE
AMENDED AND RESTATED FRANCHISE AGREEMENT AND
CONSENT TO ASSIGNMENT
This Amendment (this “Amendment”) to that certain Amended and Restated Franchise Agreement for Solid Waste Collection, Disposal and Recycling Services (the “Franchise Agreement”), dated July 1, 2023, by and between the CITY OF SUTTER CREEK (the “City”) and ACES WASTE SERVICES, INC., a California corporation (“ACES”) is entered into as of October 1, 2024, by and among the City, ACES and DELTA CONTAINER CORPORATION, a California corporation (“Republic”). The City, ACES and Republic are hereinafter collectively referred to as the “Parties.”
WHEREAS, ACES and Republic have entered into an Asset Purchase Agreement, dated as of June 6, 2024, pursuant to which ACES has agreed to sell substantially all of its assets to Republic (the “Transaction”), including the Franchise Agreement; WHEREAS, pursuant to Article N, ACES may not assign the Franchise Agreement without prior written approval by City Council resolution; WHEREAS, the Parties desire to amend the Franchise Agreement on the terms and subject to the conditions set forth in this Amendment; and WHEREAS, it is in the best interests of the Parties to enter into this Amendment.
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set forth herein, the receipt and adequacy of which consideration is hereby acknowledged, the Parties agree as follows:
1. Disposal Operations. Article H, Section 7 is hereby amended and restated in its entirety as follows:
a. All refuse collected in the area described herein by Contractor shall be disposed of at either its Pine Grove Transfer Station or Western Amador Recycling Facility (‘WARF”) and ultimately deposited at any of (i) the Kiefer Landfill operated by the County of Sacramento, (ii) the Forward Landfill located at 9999 S. Austin Road, Manteca, CA 95336 (“Forward Landfill”), or (iii) at such other approved place as the parties may agree. Contractor may also direct haul refuse to the Forward Landfill without deposit at the Transfer Station or the WARF.
Refuse will only be disposed of in landfill sites having all the necessary permits and approvals of any administering jurisdiction.
b. All recyclable materials will be consolidated at its Pine Grove Transfer Station or the WARF and ultimately processed at any of (i) the Cal-Waste Recovery Systems in the City of Galt, (ii) the Watt Avenue Recycling and Material Recovery Facility located at 4741 Watt Avenue, North Highlands, CA 95660, or (iii) at such other approved recycling/processing facility.
2. Consent to Assignment. The City hereby acknowledges and consents to the assignment of the Franchise Agreement from ACES to Republic (the “Assignment”) effective as of the closing of the Transaction, and waives the right to terminate or any other rights it might have under the Franchise Agreement as a result of the Assignment.
3. Conditions to Approval. As a condition of the City’s approval of the Assignment, Delta Container, ACES and the City Agree as follows:
54 Section 9, Item A.
a. Delta Container’s Capacity. Delta Container represents and warrants that it has the requisite level capacity, as to financial competency, performance and service record and equipment inventory, to perform the obligations due under the Franchise Agreement.
b. Delta Container’s Guarantee of Performance. Delta Container represents and warrants that it has the requisite financial security, insurance and bonding capacity to guarantee its performance under the Franchise Agreement.
4. Payment of Assignment Fee. Pursuant to Article N of the Franchise Agreement, ACES shall pay the City a transfer fee in the amount of $2,500, to cover the cost of all direct administrative expenses including consultants and attorneys necessary to adequately analyze the application and to reimburse the City for all direct and indirect expenses related to the transfer.
5. Additional Obligations. Until Closing, ACES shall continue to possess all of its right, title and interest in the Franchise Agreement and agrees to perform its obligations and liabilities under the Franchise Agreement. Upon Closing, Delta Container assumes all rights, title and interest in the Franchise Agreement and agrees to perform all obligations and liabilities due thereunder.
6. Assumption. Upon Delta Container’s assumption of the Franchise Agreement, as of the Closing Date, the City hereby acknowledges and agrees that Delta Container shall replace ACES as a party to the Franchise Agreement (which shall remain in full force and effect) and releases ACES from any and all claims, damages, liabilities, duties, obligations, costs and expenses due under or in connection with the Franchise Agreement arising after the Closing Date.
7. Closing as a Condition of Assignment. If the Sale is not consummated for any reason, this Assignment will cease to have effect and the Franchise Agreement will remain in place between ACES and the City, in accordance with its terms.
8. Ratification. All provisions of the Agreement not specifically amended hereby shall remain in full force and effect, shall be unaffected by this Amendment and are incorporated herein by reference.
9. Governing Law. This Agreement shall be governed by, and interpreted and enforced under, the laws of the State of California, without giving effect to conflict of laws principles. Venue shall be as provided for in the Franchise Agreement, which provision is incorporated by reference.
10. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This Amendment may be executed by delivery of an electronic copy of an executed signature page with the same force and effect as the delivery of an originally executed signature page.
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first written above.
CITY OF SUTTER CREEK,
a municipal corporation
By: 55
Section 9, Item A.
[Signature Page to Amendment and Consent]
Name:
Title:
ACES WASTE SERVICES, INC.,
a California corporation
By:
Name:
Title:
DELTA CONTAINER CORPORATION,
a California corporation
By:
Name:
Title:
56 Section 9, Item A.
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 ______________________________________________________________________________
INFORMATIONAL STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: SEPTEMBER 16, 2024
FROM: DAN LAFONTAINE, PUBLIC WORK DIRECTOR
SUBJECT: NEW WWTP PLANNING STATUS UPDATE
WWTP PLANNING UPDATE: Staff have held a series of discussions with various experts to start to refine the preferred alternative for a new Sutter Creek Wastewater plant. In addition to aging infrastructure, we are facing decision on disposal and growth. As Council knows, staff are engaged in the dissolution of the ARSA JPA. As part of this dissolution, new contracts are being created with AWA and Amador City.
CAPACITY
The City currently has capacity for about 180 additional residential units of treatment. This includes some old “will serves” as well as past commitments to Amador City and AWA. The plant has not been running at capacity with several components broken. With fixes and expiration of old will serves, Staff believes we can reclaim enough capacity to continue without running out of capacity until a new plant comes online. However, this depends on the amount of development. Any development will need to pay impact fees to help fund future improvements.
REGIONAL WATER BOARD
The City has been in discussions with the Water board to discuss the limitations of creek discharge (yearround vs seasonal). Early feedback is, there is no difference in requirements whether year around or seasonal. The process is both technical and political. Sutter Creek must demonstrate to the Water Board that it can safely operate a tertiary plant.
Discussions have also centered around the capabilities of the new WWTP to meet future regulatory effluent discharge limitations (phosphates, nutrient levels, nitrogen levels and possible PFAS (Forever chemicals)). We are currently operating under an old permit, which lets us operate with few constraints.
Whether we build a new plant or not, the water board will want to update our operation permit to improve the quality of that effluent.
As we plan and design a tertiary treatment WWTP the level of monitoring and sampling will be increased (vs secondary treatment). The new WWTP will also contain more automation which will aid in these new requirements.
The water board has requested a water balance from ARSA and all parties involved in the ARSA system (Ione and CDCR, Castle Oaks). Currently the City has partnered with Hydro sciences to update our internal water balance. A group effort is underway to share each individual water balances with the other 57 Section 9, Item B.
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members of ARSA (City of Ione, Castle Oaks, and CDCR). ARSA’s response on the individual water balance is due by the end of the year
DESIGN AND CONSTRUCTION
Staff have met with multiple engineering design and construction firms as well as firms that do both to get insights into cost effectively planning for the new WWTP.
Two main methods of procurement are design-build and the traditional design-bid-build method. The design-build procurement and delivery method provide a public agency with a single point of contact for both the design and construction phases of the project. Unlike the traditional design-bid-build process, the team members collaborate throughout the process to make scope, technology and equipment decisions. Done well, design-build saves time and money, ensuring that the design is buildable with minimal hand-off between companies. Design Build contracts can help ensure that we can complete a project on time and on budget.
The downside of Design-build is that you are selecting your construction partner at the start of the process. You lose independence of the designer from the construction firm. And some forms of financing may be unavailable.
However, as we’ve talked to government agencies, Desing-Build is gaining favor and more and more funding sources are allowing Design-Build. The state revolving fund (SRF) is the largest one that does not currently allow design- build. However, the success rate with SRF is low and it takes 3-5 years to get funded, so this may not be an issue for us.
Once the method of procurement has been established, Staff will prepare a Request for Proposal (RFP) in the coming months to pick a firm to represent the City in the implementation of a new WWTP.
We have talked to two large, well-known firms:
Burns and McDonald - https://www.burnsmcd.com/
Large firm ($7B in annual revenue) that does traditional design-build., Have done a lot projects throughout the US. Interested in getting into wastewater construction in California. Traditional firm, minimal help on financing side.
Schneider Electric - https://www.se.com/us/en/
Global firm ($39B in annual revenue), has done several wastewater projects in California already. They appear to be fuller service, helping with lining up financing as well as engineering and construction.
We have also talked to Hydrosciences and Jos West as design only firms.
Staff is leaning towards the design-build approach if we are confident, we can assemble the funding. The design-build firms have reviewed our master plans and the recent Carollo reports. They are recommending a modular approach and have made ballpark estimates of a new plant cost of less than $50M.
FUNDING DISCUSSIONS:
Funding will come from user rates, possible development fees, and a mix of loans and grants. Before any firm moves forward with us, it is in both of interests to ensure that we can complete the project financially. Some firms are used to working with larger cities that have the staff to manage the financing independently. Given our small staff, we are seeking a firm that can help us assemble all the pieces. 58 Section 9, Item B.
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 A primary source of funding will be bonding the rate payers’ monthly payments. The recent wastewater rates study increases are bondable. The approved increases let a lender know that those funds are certain in the future.
The City has spoken to iBank (a California government agency that acts like a commercial lending bank) about providing low interest loans for water and wastewater infrastructure projects. They are a promising source – our next step with them is to determine what Sutter Creek’s purchasing power is given our current rate study and customers. City staff are currently gathering financial documents to submit to iBank. Their lending criteria will determine how much debt they are willing to fund, and identify the funding gap remaining. Funding could be secured in as little as 6 months. A borrower’s resolution will be needed from council prior to the application.
The City has taken steps to strengthen its financial position significantly. As part of the ARSA Dissolution, $650,000 in principal and interest that was disputed was removed from the books, improving our debt capacity. The City has about $578,000 outstanding debt though a USDA loan that was used to improve the collection system.
The CWSRF planning grant that was allocated to the City has expired and the unused funds are no longer available to us. Staff finished up the final report with Carollo but because of the starts and stops over time, and Carollo’s interpretation of the I&I flow data, a definitive conclusion was not reached. CWSRF staff have indicated that the City should reapply but only after the planning has been further defined. The City will reapply but given the current State funding levels it should not be counted on as a funding source in the near future. City staff are currently monitoring other grants (USDA and energy efficiency and resiliency) and will apply for any of these that the criteria is met along with the CWSRF.
We have talked to three alternative grant monitoring and writing companies. Each had their pros and cons. Staff expects to move forward with one of them in the next month to begin more aggressively monitoring and applying for grant funding.
Finally, we are evaluating how to handle Sutter Creek Ranch, a new development in the Gold Rush specific plan area. We need a modular approach that will allow growth that can help fund the new wastewater plant, but is not solely dependent on this projects success in order to fund anything. Firms are recommending modular technology to add capacity, but the core design and construction may require development within Sutter Creek to be viable. Development in the Gold Rush area could include a combination of disposal, storage, and cash investment.
City staff also submitted a request to be the preferred wastewater provider to future development in the Wicklow Way area, providing more ratepayers that could fund future development.
NEXT STEPS: In the coming months, the City will submit financial documents to iBank to determine our purchasing power. We will continue to reach out to some additional construction firms and then develop an RFQ to solicit a design partner. The selected design firm and the City will determine options for the new WWTP with and without new development. We will continue to update Council as progress is made.
59 Section 9, Item B.
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: SEPT 16, 2024
FROM: CITY MANAGER, TOM DUBOIS
SUBJECT: WEED ABATEMENT APPROACH STARTING IN 2025
RECOMMENDATION:
Approve a motion directing staff on an approach for Weed abatement starting with the 2025 Fire Season.
BACKGROUND:
While the City of Sutter Creek currently has a pretty detailed Fire Fuels Management ordinance on the books (See Attachment A), the City practice has been to encourage compliance. Because the Fire District is separate from the City, there is a hand-off from one agency to the other which has made it a little more complicated to have more strict enforcement.
Jason and Ione, both of which have City run fire departments, enforce weed abatement. While the details on the process vary slightly, they both essentially give a formal notice and then send a crew to remove the weeds. Once the crew is sent, they do the work and the costs (in some cases with a fine, admin costs, and some markup added) are then placed as a lien on the property tax and filed with the county.
Staff would like council direction on their interest in increasing enforcement, using a method similar to Ione and Jackson.
DISCUSSION:
Sutter Creek has relied on multiple inspections by the Fire District and then a letter from the Sutter Creek PD to cajole people into weed abatement, with a primary focus on fire danger. This has worked moderately well, though there typically remain a handful of properties that do not comply. Some of these are locals who just refuse to do the work. Others are absentee property owners. Attempts are made to contact everyone as best as we able.
If Sutter Creek were to move to more enforcement, we would need to determine the timing of when during the year enforcement would occur, a fair, unbiased process to administer it, how to hire and pay for the work to be done.
There can be a lengthy time delay between incurring the cost of hiring a crew to clean up a lot and the time when the property taxes are collected and the lien is paid. In other cities, the Fire Department manages the whole process, cutting down on communication challenges. Here however, that would require Sutter Creek Fire district floating the funds until reimbursed. If the city is to do the enforcement, as specified in our ordinance, then we need a clean handoff from the Fire District to the City and we will 60 Section 9, Item C.
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incur staff administration time. A third option would be for the fire district to manage the logistics under contract to the city, with the city handling all the finances and reimbursements. This is probably the best approach.
Council members should note that weed abatement is also used for general nuisance and unhealthy situations, not just fire danger. The City may encounter cases where it wants to notice and remove rubbish and weeds just for public health. Any process we adopt should support this use case as well.
With the number of seniors we have in Sutter Creek, any policy change we make should be flexible enough that anyone living in a home but unable to complete the work themselves has the ability to seek some assistance before being penalized. Staff’s intent here is to really focus on the egregious cases but once enforcement starts, we would follow a consistent process and could have some cases that Council would not want to penalize.
Council should also consider some changes to our current ordnance to streamline administration. The City of Jackson ordinance requires a minimal number of public meetings, and is driven by property owners appealing a notice within 10 days. If a person doesn’t appeal, then it is considered agreement that they are in violation and the process moves forward with enforcement and collection of funds.
Sutter Creek’s current ordinance is more of an administrative burden. It requires Council to direct the clerk to send out notices of violation. A second meeting is held to hear objections to the notice before Council. Then the City staff can abate the nuisance and sends a report to Council of the costs. Council holds a third session to get the report on costs and a hearing to receive protests of the costs that were incurred. Council then approves what charges it will send to County for collection.
Staff recommends that Staff and the Fire District be able to send out notices of violation, as is today’s practice with a set time for property owners to respond. Crews would then be sent out to remove weeds and costs incurred if weeds were still present. A report would come to council with a hearing for Council to hear any objections after expenses were incurred but before Staff would send to the County. Council would be approving the list of property liens, and at that point, good decide if there were any unusual circumstances that justified waiving the costs.
In terms of timing, Staff will discuss further with the Fire District, but ideally the process would be completed by July.
Council should provide feedback on the priority of this active, preferences in terms of operations, financing, and timing during the calendar year.
BUDGET IMPACT:
This year there are about 40 properties that still have not done weed abatement as of September. This is quite late in the year. Some lots are quite large, others smaller residential lots. If we assumed a relatively high average cost of $1000 per properties, maximum cost would be $40,000 that the City would be extended, waiting for reimbursement.
ATTACMENT:
Current Sutter Creek City Ordinance on Fire Fuels Management City of Jackson Weed and Rubish Abatement Ordinance
61 Section 9, Item C.
City of Sutter Creek current municipal ordinance
Chapter 9.22 - FIRE FUELS MANAGEMENT
9.22.010 - Generally.
In addition to any other means of enforcement provided under this Code, including but not limited to those provided under chapter 1.17, whenever the fire chief or his authorized representative shall find vegetative growth or refuse upon any property, lands, or lots in the city, which in his opinion is or may become a fire hazard or a health and safety hazard, he shall have cause to give to the owner of said property a notice to remove such vegetative growth and/or refuse which may constitute a hazard in the manner hereinafter provided in this part. For purposes of this chapter, the fire chief or his authorized representative is designated as the superintendent in accordance with California Government Code Section 39560.
(Ord. 358 §2, 2015)
9.22.020 - Definitions.
When used in this chapter, the words below shall have the following meanings, unless otherwise indicated:
A."City" means the City of Sutter Creek.
B."Council" means city council of the city.
C."Drainage" means any ditch, culvert, and/or pipe used as a means of public drainage or drainage control.
D."Fire chief" means the Sutter Creek Fire Protection District fire chief or his or her authorized representative.
E."Fire fuel" means dry flammable grass or stubble greater than four inches in height.
F."Fuel break" is defined as a strip or block of land on which the vegetation, debris, and detritus have been reduced and/or modified to control or diminish the risk of the spread of fire crossing the strip or block of land.
G."Property" means and includes lands, lots, drainage structures, drainage ways, and/or drainage easements.
62 Section 9, Item C.
H."Refuse" means waste matter, litter, trash, debris, cut vegetative growth, dead trees which threaten structures or streets, paper, waste material of every kind, or other unsanitary substance, object, or condition which is, or when dry, may become a fire hazard, or which is or may become a menace to health, safety, or welfare.
I."Roadway" means public streets, alleys, parkways, sidewalks, and areas between sidewalks and curbs.
J "Treat" means to mow, disc, spray, or any method of treatment that will attain a four-inch minimum vegetative growth height.
K "Vegetative growth" means flammable vegetation and combustible growth. (Ord. 358 §2, 2015)
9.22.030 - Public nuisances declared.
It is unlawful for any property owner in the city to cause or permit any vegetative growth or refuse to remain on any real property in the city. It shall be the duty of every property owner to destroy such vegetative growth and remove or destroy such refuse.
In addition to any other means of enforcement provided under this Code, including but not limited to those provided under chapter 1.17, the city council may declare by resolution, in accordance with Sections 39561 through 39700 of the California Government Code, that vegetative growth and refuse, which are, or may become, a hazard upon or in front of private property to the center line of adjoining streets in the city, are public nuisances. As part of any resolution it adopts, the city council may declare vegetative growth as seasonal and recurring nuisances and provide for the abatement of the same in accordance with Government Code Section 39562.1.
(Ord. 358 §2, 2015)
9.22.040 - Clearance of vegetative growth.
Any person owning property in the city shall:
A.Treat dry fire fuels which are located within one hundred feet of any building or structure, or to the property line, whichever is nearer.
B.Maintain a twelve-foot fuel break on a parcel if that parcel adjoins a parcel with a structure.
C.Treat dry fire fuels twelve feet from the edge of roadways, twelve feet from each property line, and twelve feet on each side of driveways.
D.Remove that portion of any tree that extends within ten feet of the outlet of any chimney or stovepipe.
E.Maintain any tree adjacent to or overhanging any building free of dead wood. 63 Section 9, Item C.
F.Provide and maintain, at all times, a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than one-half inch in size.
(Ord. 358 §2, 2015)
9.22.050 - Exceptions.
A. The provisions of this chapter shall not be applicable to any land beyond fifty feet from improved streets, as declared by the city, state or federal government, which has been acquired or is managed, for one or more of the following purposes:
1. Animal pastures and agricultural fields growing hay or grains. Agricultural fields must be cut at harvest time. Uncut hay and grain is subject to abatement.
2. The interior portion of fenced pastures where the quantity of livestock significantly reduces the vegetative growth, therefore bringing the parcel into compliance.
3. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the State of California or federal government.
4. Land kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
B. For any activities excepted from the requirements of this chapter under paragraph (A), abatement requirements shall remain in effect in waterways where flood preparation measures and emergency flood control mitigation is necessary. In addition, the following requirements shall also be applicable:
1. This exception applies whether the land or water are held in fee title or any lesser interest. This exception also applies to any public agency, and private entity that has dedicated the land or water areas to one or more of those purposes or uses, or any combination of public agencies and private entities making that decision.
2. This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.
3. In the event that any lands adjacent to land or water areas, as described above, are improved such that they are subject to this chapter, the obligation to comply with section 9.22.40 shall be with the person owning, 64 Section 9, Item C.
leasing, controlling, operating or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance, activities and other fire prevention measures required by section 9.22.040 shall be required only for the improved land and water areas as described above. (Ord. 358 §2, 2015)
9.22.060 - Drainage.
With the permission of the permitting agencies with jurisdiction over the area in question, any drainage shall be cleaned and maintained in a manner that does not restrict the natural or engineered flow of water.
(Ord. 358 §2, 2015)
9.22.065 - Enforcement.
The preferred procedure for enforcing the requirements of section 9.22.030 shall be through the imposition of fines and penalties in accordance with chapter 1.17 of this Code. When enforcement by that procedure has not resulted in compliance, or when the city determines that abatement in the first instance is the best manner for addressing a particular nuisance, the city may follow the procedures set forth in this chapter. (Ord. 358 §2, 2015)
9.22.070 - Notice to destroy or remove vegetative growth and/or refuse.
In the event the person or persons owning, occupying, renting, managing, or controlling any real property in the city shall fail to remove therefrom and from the portions of streets adjoining such property all vegetative growth and/or refuse in accordance with the provisions of this part, it shall be the duty of the fire chief or his authorized representatives to notify such person(s) to remove the same.
The city council may direct the city clerk, in accordance with Section 39567.1 of the Government Code, to mail written notice of the proposed abatement to all persons owning property described in the resolution. The city clerk shall cause such written notice to be mailed to each person to whom such described property is assessed in the last equalized assessment roll available on the date the resolution was adopted by the city council. The address of the owner(s) shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice. Such notice shall be mailed at least fourteen calendar days prior to the time fixed for hearing objections by the city council. (Ord. 358 §2, 2015)
9.22.080 - Form of notice.
The notice shall be substantially in the following form:
NOTICE TO DESTROY VEGETATIVE GROWTH AND/OR REMOVE
REFUSE
65 Section 9, Item C.
Notice is hereby given on the _________________ day of
___________________, 20___, the city council passed a resolution declaring that (insert the appropriate hazard: fire fuels, vegetative growth, refuse, etc.) constitute a (insert the appropriate term: fire hazard, or health and safety hazard) which must be abated by the (insert the appropriate phrase: cutting of said fire fuels, or removal of said health and safety hazard).
If the owner does not abate the hazard it will be abated by the city and the cost of the removal assessed upon the county property tax bill, and will constitute a lien upon such land until paid. Reference is hereby made to the resolution for further particulars. A copy of said resolution is on file in the office of the city clerk.
All property owners having any objections to the proposed removal of the hazard are hereby notified to attend a meeting of the city council of the City of Sutter Creek to be held _____________, when their objections will be heard and given due consideration.
Dated this ______________ day of ____________, 20yy.
City of Sutter Creek
(Ord. 358 §2, 2015)
9.22.090 - Hearing of objections.
At the time stated in the notices, the council shall hear and consider all objections to the proposed removal of vegetative growth and/or refuse.
At the conclusion of the hearing, the council shall allow or overrule any objections. At that time, the city acquires jurisdiction to proceed and perform the work of abatement. The decision of the council shall be final and binding.
(Ord. 358 §2, 2015)
9.22.100 - Order to abate nuisance.
If objections have not been made or after the council has disposed of those made, it shall order the fire chief to abate the nuisance(s).
(Ord. 358 §2, 2015)
9.22.110 - Destruction and removal of vegetative growth and refuse by city.
In the event the person or persons owning, occupying, renting, managing, or controlling real property in the city shall fail to remove or destroy vegetative growth and/or refuse, in accordance with provisions of this chapter within ten calendar days after the hearing of objections an order to abate nuisance, it shall be the duty of the fire chief and his deputies, assistants, employees, contacting agent, or other representatives to destroy or remove such 66 Section 9, Item C.
vegetative growth and/or refuse. They are expressly authorized to enter upon private property for such purpose. It is unlawful for any person to interfere, hinder, or refuse to allow them to enter upon private property for the purpose(s) to destroy or remove vegetative growth and/or refuse, in accordance with the provisions of this part. Any person owning, occupying, renting, managing, leasing, or controlling real property in the city shall have the right to destroy or remove vegetative growth and/or refuse, or have the same destroyed or removed at his own expense, at any time prior to the arrival of the fire chief or his authorized representatives for such purpose(s).
(Ord. 358 §2, 2015)
9.22.120 - Account and report of cost of abatement.
The fire chief or his authorized representatives shall keep an account of the cost of abatement for each separate lot or parcel of land. He shall submit such itemized written report, showing such cost, to the council for confirmation. Such report shall refer to each separate lot or parcel of land by description sufficiently reasonable to identify the same, together with the expense proposed to be assessed against it, which shall include charges sufficient to pay for the administrative costs of the program. (Ord. 358 §2, 2015)
9.22.130 - Notice of report and hearing.
The city clerk shall make available a copy of such report and assessment list at his/her office together with the notice of the filing thereof and of the time and place when and where it will be submitted to the council for hearing and confirmation. The copy shall be available for at least five calendar days prior to the submission of the council. (Ord. 358 §2, 2015)
9.22.140 - Hearing of report—Modification—Confirmation of report.
At the time and place fixed for receiving and considering the report, the council shall hear the same, together with any protests or objections of the property owners liable to be assessed for the abatement. Upon the conclusion of such hearing, the council may then confirm or modify the report by motion and the amount thereof shall constitute a lien on the property assessed until paid. The confirmation of the assessment by the council shall be final and conclusive.
(Ord. 358 §2, 2015)
9.22.150 - Report to assessor and tax collector: Filing copy of report with county auditor.
A certified copy of the report shall be filed with the Amador County auditor on or before August 10th of each year for entry of such assessment of the county tax roll. In the event the report cannot be prepared in time for the county auditor to enter the assessment on the next immediate tax roll, the certified copy may be filed with the county auditor any time before August 10th of the succeeding year.
67 Section 9, Item C.
(Ord. 358 §2, 2015)
9.22.160 - Collection of assessment: Penalties and procedures for foreclosure.
The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes. (Ord. 358 §2, 2015)
68 Section 9, Item C.
Chapter 8.12
WEED AND RUBBISH ABATEMENT
§ 8.12.010 Definitions.
§ 8.12.020 Nuisance declaration and abatement.
§ 8.12.030 Authority.
§ 8.12.040 Notice to abate nuisances.
§ 8.12.050 Hearing/abatement order.
§ 8.12.060 Abatement by city.
§ 8.12.070 Right of judicial review.
§ 8.12.080 Violation—Penalty.
§ 8.12.090 Enforcement of this chapter.
§ 8.12.100 Remedies.
§ 8.12.010 Definitions.
For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them by this section:
"Enforcement officer" means the building official, city manager, code enforcement officer, fire chief, or police chief of the city, or their designees, when such persons have been delegated in writing the authority to enforce and administer the particular provisions of this chapter at issue in a particular matter."Fire chief" means the fire chief, his or her assistants and deputies."Property" means the land or lot, any buildings, drainage structures, roadways, drainage ways, and/or drainage
easements."Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials."Refuse" means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, 69 Section 9, Item C.
rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes."Weeds" means any of the following:
1. Weeds which bear seeds of a downy or wingy nature;
2. Any brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property;
3. Weeds which are otherwise noxious or dangerous; and
4. Dry grass, stubble, brush, litter or other flammable material which endangers the public safety by creating a fire hazard.
"Weeds" shall not include cultivated and useful grasses and pastures. (Ord. 448 §1, 1980; Ord. 719 §1, 2020)
§ 8.12.020 Nuisance declaration and abatement.
A. Any lot of less than two acres shall be cleaned of all rubbish and refuse throughout fire season, which concurs with CalFire's declaration.
B. Weeds are mowed or disced to an approximate height of two to four inches.
70 Section 9, Item C.
C. Any lot two acres or more shall either be cleaned of all rubbish and/or refuse, or have a minimum twenty-foot wide firebreak around the perimeter throughout the fire season.
D. Firebreaks shall be disced around the entire perimeter of the lot.
Scraping will also be allowed, provided that the scraped material is removed or spread evenly over the remaining unscraped property.
E. Weeds disced, cultivated or rototilled should be performed with equipment that will cut the sod growth loose and bury it under any growth existing at that time.
F. Dry leaves or wood chips hauled onto lots must be disced or turned under. If leaves or wood chips are being retained for the purpose of mulch or compost, they must be placed in a container so as to not constitute a fire hazard.
G.Cultivated and useful grasses and pastures shall not be considered a public nuisance. However, if the fire chief or authorized representative shall determine it necessary to protect adjacent improved property from fire exposure, an adequate firebreak may be required.
H.All properties must be maintained throughout fire season. (Ord. 448 §2, 1980; Ord. 719 §1, 2020)
§ 8.12.030 Authority.
Whenever the fire chief or enforcement officer finds the growth of weeds and/or accumulation of refuse or rubbish upon any property, lands, or lots in the city, which in his or her opinion is or may become a fire hazard or health 71 Section 9, Item C.
and safety hazard, or a public nuisance, he or she shall have cause to give the owner of said property a notice to remove such weed growth and/or refuse, rubbish or nuisance which may constitute a hazard in the manner provided in this chapter. A penalty may also be issued pursuant to Section
8.12.080 and a violation may be enforced pursuant to Section 8.12.090. (Ord. 448 §3, 1980; Ord. 719 §1, 2020)
§ 8.12.040 Notice to abate nuisances.
When the fire chief or enforcement officer finds that the weeds, refuse or rubbish are a public nuisance, he or she may shall serve a notice to abate upon the owner or responsible party in possession or having control of the property upon which the condition exists in accordance with Section
8.16.040 (A through (C).
(Ord. 448 §4, 1980; Ord. 719 §1, 2020)
§ 8.12.050 Hearing/abatement order.
A. In the event the owner or responsible party files a timely request for a hearing within ten days of the notice, the city clerk and hearing officer shall schedule the hearing in accordance with Section 8.16.040. The hearing shall be conducted in accordance with Section 8.16.050 and the hearing officer shall issue a written decision in accordance with Section 18.16.060.
B. In the event the owner or responsible party fails to appeal the notice within ten days of the notice, the nuisance conditions shall be deemed confirmed. Such failure shall also constitute a failure to exhaust available administrative remedies.
(Ord. 448 §5, 1980; Ord. 719 §1, 2020)
72 Section 9, Item C.
§ 8.12.060 Abatement by city.
A. Upon receipt of the hearing officer's decision if: (1) no schedule of correction has been issued; or (2) upon the failure of the property owner to comply with such schedule if a schedule was included, if the nuisance condition has not been abated the enforcement officer shall forthwith abate, or cause to be abated, the nuisance condition upon the premises. The enforcement officer is authorized to enter upon private property for this purpose, consistent with the provisions of the U.S. Constitution.
B. The cost of abatement shall become a personal obligation of the property owner and responsible party and may be collected in any legal manner, expressly including as lien pursuant to the procedures set forth in Section 8.16.100.
(Ord. 448 §§6,7, 1980; Ord. 719 §1, 2020)
§ 8.12.070 Right of judicial review.
Except as otherwise provided by law, any person aggrieved by any administrative decision of a hearing officer pursuant to this chapter, may obtain judicial review of the administrative decision in the superior court by filing with the court a petition for writ of mandate pursuant to Section 1094.6 of the Code of Civil Procedure.
(Ord. 719 §1, 2020)
§ 8.12.080 Violation—Penalty.
The owner, occupant, or agent of any lot or premises within the city who violates this chapter or permits a violation of this chapter upon any lot or 73 Section 9, Item C.
premises owned, occupied or controlled by him or her, shall be guilty of a misdemeanor pursuant to Section 1.20.010.
(Ord. 719 §1, 2020)
§ 8.12.090 Enforcement of this chapter.
Violations of this chapter may be enforced pursuant to Chapters 1.20 and
1.22. (Ord. 719 §1, 2020)
§ 8.12.100 Remedies.
The remedies provided in this chapter are nonexclusive. The city may prosecute any violation and abate any nuisance pursuant to any criminal, civil or other administrative remedies available to the city. 74 Section 9, Item C.
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: SEPT 16, 2024
FROM: CITY MANAGER, TOM DUBOIS
SUBJECT: CDCR GROUND LEASE ASSIGNMENT FROM ARSA TO SUTTER CREEK
RECOMMENDATION:
Approve the attached resolution, specifying that Sutter Creek will inherit the ground lease for the ARSA pipeline and reservoirs upon the final dissolution of the ARSA JPA.
BACKGROUND:
Early this year, the ARSA JPA board began the process of dissolving the ARSA JPA. The JPA had outlived its usefulness and the board no longer represented the rate payers served by the JPA. The City of Sutter Creek, which is 80-85% of the service area of the JPA will become the successor organization.
One of the key issues is the assignment of the lease for the ARSA pipeline and system to the Castle Rock Golf Course in Ione. In order to agree to the transfer, which is permitted under the lease and is primarily a ministerial assignment, CDCR attorneys wanted additional clarification that the City of Sutter Creek will become the successor organization to all relevant agreements. The attached resolution captures there request and is required in order to have the lease transfer, which is requisite in order to operate after the JPA dissolution
DISCUSSION:
This is another step in getting to the final “closing” of the dissolution. Approving the resolution tonight gets the lease aligned so that on the final vote to dissolve, everything will transfer over to the City of Sutter Creek. This item could have been on consent, but because of its unusual nature, staff decided to put in on the Administrative Agenda in order to explain and answer any questions.
BUDGET IMPACT:
There is no additional financial impact.
ATTACMENT:
Resolution for Sutter Creek Assumption of the Ground Lease 75 Section 9, Item D.
1 RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER
CREEK AGREEING TO ACCEPT ASSIGNMENT OF GROUND LEASE
NO. L-2070, THE 2007 WASTEWATER AGREEMENT, AND THE 2024
SETTLEMENT AGREEMENT FROM AMADOR REGIONAL
SANITATION AUTHORITY
WHEREAS, the Amador Regional Sanitation Authority (“ARSA”) is a public entity formed pursuant to a certain Joint Exercise of Powers Agreement, as amended, in accordance with Government Code section 6500 et seq.; and
WHEREAS, ARSA is currently comprised of three member entities, namely, the County of Amador, the City of Amador, and the City of Sutter Creek; and WHEREAS, the JPA was recently amended (“2024 JPA Amendment”) to modify Paragraphs 9.1 and 9.2, to allow dissolution and termination of ARSA and allow the City of Sutter Creek to become a successor-in-interest to ARSA for all purposes; and WHEREAS, the California Department of Corrections and Rehabilitation (“CDCR”) owns a series of pipelines, reservoirs, rights of way, and water rights, each of which interconnect to allow the transport of water and/or wastewater, which is knowns as the “Henderson/Preston System”; and
WHEREAS, ARSA is a party to that certain “Agreement to Regulate Use of Henerson/Preston Wastewater Disposal System” (“2007 Wastewater Agreement”), dated September 18, 2007; and
WHEREAS, ARSA is a lessee to that certain Ground Lease (Lease No. L-2070), dated January 1, 2009, for a term of thirty (30) years (“Ground Lease”), which gives ARSA the right to use the Henderson/Preston System, subject to the terms and conditions stated therein; and WHEREAS, ARSA is a party to that Settlement Agreement between ARSA, CDCR, and the City of Ione, dated May 22, 2024 (“2024 Settlement Agreement”); and WHEREAS, pursuant to Section 17 of the Ground Lease, the State of California, acting by and through the Director of General Services (DGS), with the consent of the California Department of Corrections and Rehabilitation (CDCR), must give prior written consent of any assignment of the Ground Lease; and
WHEREAS, pursuant to the 2024 JPA Amendment, ARSA will soon be dissolved and terminated, and the City of Sutter Creek will assume all obligations of ARSA, including without limitation, its obligations under the Ground Lease, its obligations under the 2007 Wastewater 76 Section 9, Item D.
2 Agreement, and its obligations under the 2024 Settlement Agreement, immediately upon ARSA’s legal dissolution; and
WHEREAS, one of the other necessary conditions precedent to such final dissolution and termination of ARSA, is that the State of California, acting by and through DGS or CDCR, provides written consent of the assignment to the City of Sutter Creek of the Ground Lease; and WHEREAS, the City of Sutter Creek and ARSA have agreed to each adopt this resolution to further memorialize their mutual intentions to the satisfaction of the State of California, so that the State may then provide the written consent required for any assignment as contemplated under Section 17 of the Ground Lease, as well as memorialize their intent to assume all of ARSA’s obligations, including without limitation, the 2007 Wastewater Agreement and the 2024 Settlement Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUTTER
CREEK RESOLVES AS FOLLOWS:
Section 1. That the City of Sutter Creek hereby agrees to accept assignment of the Ground Lease from ARSA, the 2007 Wastewater Agreement, and the 2024 Settlement Agreement, upon ARSA’s immediate dissolution and termination as currently planned by the ARSA member agencies pursuant to the 2024 JPA Amendment.
Section 2. That, pursuant to Paragraph 9.1 of the 2024 JPA Amendment, the effective date of such termination of ARSA and succession by the City of Sutter Creek shall be the date that the second member agency under the 2024 JPA Amendment adopts a resolution to that effect (provided that one such member agency must be the City of Sutter Creek).
Section 3. That the City Manager is hereby authorized to execute any documents (including any agreement memorializing such termination), and take any other actions reasonably necessary, to effectuate and implement the orderly and timely succession of City of Sutter Creek to ARSA for all purposes, including the assignment of the Ground Lease, the 2007 Wastewater Agreement, and the 2024 Settlement Agreement, to the City of Sutter Creek immediately upon the dissolution and termination of ARSA.
Section 4. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Sutter Creek this ___ day of _________, 2024, by the following vote:
AYES:
NOES:
77 Section 9, Item D.
3 ABSENT:
ABSTAIN:
Claire Gunselman, Mayor
ATTEST:
Karen Darrow, City Clerk
78 Section 9, Item D.
18 Main St., Sutter Creek, CA 95685 • Telephone: (209)267-5647 • Fax: (209)267-1655 • TTY: 711 The City of Sutter Creek is an equal opportunity service provider and employer ______________________________________________________________________________
STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL MEETING DATE: 09/16/2024
FROM: CITY MANAGER, TOM DUBOIS
SUBJECT: PHASE 1 MULTIMODAL IMPROVEMENT TO AMADOR CITY
RECOMMENDATION:
Staff recommends that Council approved the attached resolution BACKGROUND:
A bike/ped route between Sutter Creek and Amador City could encourage more visitors and residents to travel between the two cities via bicycle or walking. Improvements have been identified and reviewed byn Council in the last year.
ACTC has $400,000 in dedicated funds available but a complete engineering plan must be in place for ACTC to release those funds. ACTC is requesting approval of the resolution in order to spend some limited preplanning funds to move the project forward.
DISCUSSION:
There is no commitment from the cities at this time, however both Sutter Creek and Amador City will incur costs in order to make the project shovel ready. After ACTC funds the preplanning phase, any additional plans must be paid by the cities to get the project fully ready for construction.
The project is a three-agency project with the bulk of it occurring in unincorporate county. The County does not want to lead the project and will have to give an encroachment permit for work to be done on county roads. The cities must lead the project.
BUDGET IMPACT:
None at this time. The City may need to expend engineering design dollars to complete the planning.
The amount is TBD but is expected to be under $25,000. City staff time will also be required to manage the project.
ATTACMENT:
Resolution
79 Section 9, Item E.
RESOLUTION 24-25-*
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUTTER CREEK APPROVING PHASE 1 OF THE AMADOR CITY TO SUTTER CREEK MULTIMODAL
IMPROVEMENT PLAN
WHEREAS, the cities of Amador City and Sutter Creek wish to improve safety and awareness of multi-modal travel between the two cities; and
WHEREAS, an ad-hoc Bicycle and Pedestrian Advisory Committee (BPAC), composed of representatives from both cities has developed conceptual plans for measures to improve safety and awareness of multi-modal travel; and
WHEREAS, the Cities approved resolutions in support of specific measures identified to support safety and awareness between the cities and have conducted a public interest Workshop to survey the Public to determine the favorability of segment improvements; and WHEREAS, at the Workshop members of the public reviewed potential improvements identified along several segments on a route between the two cities and identified preferred improvements to each segment; and
WHEREAS, those preferred improvements and Workshop findings were summarized and presented to each city council; and
WHEREAS, each of the city councils created a sub-committee to review the segments and select improvements that would benefit the route between cities to improve safety and awareness; and WHEREAS, the Phase I preferred roadway segments and improvements have been identified by both cities’ sub-committee representatives and are outlined as the following:
• Main St. Downtown Sutter Creek / Eureka St. to Amelia St / Old SR 49 o Signage (bike route, share the road) along Spanish/Badger and Amelia streets in Sutter Creek
• Old SR 49 & Amelia St. / Amador Road intersection
o Crosswalk Improvements
• Turner Road: Old SR 49 / Amador Road to String Bean Alley o Motion activated solar beacons at low visibility points of Turner Road • Turner Road: String Bean Alley to Water Street (Amador City) o Signage (bike route, share the road) on Water Street into Amador City WHEREAS, the BPAC has also identified Phase II improvements consisting of improvements at:
• Gopher Flat / Sutter Creek Main Street intersection
• SR 49 / Stringbean Alley intersection
• Stringbean Alley repaving,
80 Section 9, Item E.
NOW, THEREFORE BE IT RESOLVED, that the Sutter Creek City Council approves the Phase 1 planning resolution, at no expense or financial commitment from City Council.
The foregoing resolution was duly passed and adopted at a regular meeting of the City Council of the City of Sutter Creek on the 16
th day of September 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
THE CITY OF SUTTER CREEK
______________________________
Claire Gunselman, Mayor
ATTEST:
______________________________
Karen Darrow, City Clerk
81 Section 9, Item E.
Monthly Report
August 2024
18 Main Street, Sutter Creek, CA 95685 - Phone: (209) 267-5646 - Fax: (209) 267-1655 The City of Sutter Creek is an equal opportunity Employer and Service Provider.
To: Tom DuBois, City Manager
From: Jim O’Connell, Chief of Police
Date: September 16, 2024
Re: August 2024 Staff Report
July 2024 Department Statistics
Calls For Service 105 -4
Traffic Stops 142 +39
Officer Initiated Incidents 501 +86
Business Checks 285 +34
Vehicle/Pedestrian Checks 41 +9
Total Officer Reports 24 +2
Arrests 13 +3
Moving Citations 18 +7
Parking Citations 0 -2
TOTAL 1,129 +173
104
Calls For Service
142
Traffic Stops
13 Arrests
24 Officer Reports
Volunteer Contributions:
During the month of August, our dedicated volunteers provided 18 hours of service to the community.
82 Section 13, Item A.
Monthly Report
August 2024
18 Main Street, Sutter Creek, CA 95685 - Phone: (209) 267-5646 - Fax: (209) 267-1655 The City of Sutter Creek is an equal opportunity Employer and Service Provider.
Community Engagement:
SCPD Officers continue to conduct regular foot patrol downtown on each of their respective shifts.
On August 24, SCPD sponsored National Night Out at City Hall. It was a great night where citizens could spend time talking to and getting to know the officers. 83 Section 13, Item A.
Monthly Report
August 2024
18 Main Street, Sutter Creek, CA 95685 - Phone: (209) 267-5646 - Fax: (209) 267-1655 The City of Sutter Creek is an equal opportunity Employer and Service Provider. 84 Section 13, Item A.
Monthly Report
August 2024
18 Main Street, Sutter Creek, CA 95685 - Phone: (209) 267-5646 - Fax: (209) 267-1655 The City of Sutter Creek is an equal opportunity Employer and Service Provider.
Mutual Aid:
On August 8, SCPD provided mutual aid support to the El Dorado County Sheriff’s Department to combat the Crozier Fire. SCPD sent an officer who assisted in evacuations and safety operations in the fire zone.
85 Section 13, Item A.
STAFF REPORT
TO: TOM DUBOIS, CITY MANAGER
MEETING DATE: SEPTEMBER 16, 2024
FROM: DAN LAFONTAINE, PUBLIC WORKS DIRECTOR
SUBJECT PUBLIC WORKS DEPARTMENT REPORT FOR AUGUST 2024
Objective: The objective of this staff report is to provide a monthly status update regarding activities within the Public Works Department.
Executive Summary: As summer rages on, we at public works are busy both in plain sight and behind the scenes to make sure all services and infrastructure perform properly. You may have seen the public works team and Cal fire working to reduce fire fuel at all City owned properties, switching the decorations from Summer to the transitional decorations in between Summer and Fall (see pictures below), or overseeing the installation of 120 yards of playground wood chips in both Minnie Provis and Bryson playgrounds. You also would not have seen us working behind the scenes to schedule flow monitoring in the collection system for the next rainy season, working on the Capital improvement plan to determine projects should be taken on next, driving around town to map all potholes in the roads, preparing for a Damn safety inspection for ARSA, and repairing critical pieces of equipment at the WWTP. Whether you see us or not be assured that we are working on the highest priority items to keep all the City functions working properly.
The Oro Madre overlay field work is complete, and the City is working with WGA to gain final acceptance. We understand that construction is an inconvenience to the residents on the road, but I think we all can agree that this project is was worth the hassle and a welcome change to what was there prior.
Upcoming: In the next month we should receive our creek clearing permit. Once that is in hand from the Department of Fish and Game the City will be allowed to schedule projects to clear and get to work on removing all that brush that has grown in the creek shores over the spring and summer. We will be clearing in preparation for the winter months to remove lose debris and some saplings that block flow in town and mitigate possible flooding. Look for the crews to be out in early October and November until everything has been cut back.
Detailed Summary: Below is a detailed summary and or status of the main PW responsibilities; Collection System, Wastewater Treatment Plant, Effluent Disposal, Streets and City Right of Way, Parks and Buildings, and Service Callouts.
86 Section 13, Item B.
Collection System Status:
CIP work
Flow monitoring – The City has partnered with RH Borden to install flow meters to monitor Infiltration and Inflow (I&I) in the problem basins of the collection system (monitoring of 25K feet of pipe). A kickoff call is scheduled for the week of September 9
th with deployment in October or early November.
SSMP Activity
Calls for service
8/27/2024; 60 Greenstone Tr. Plugged lateral
Sewer System Cleaning and Maintenance.
For August 2024, there was 1,232 feet of sewer line cleaned. The total amount cleaned for the calendar year 2024 is 10,653 feet. The total for calendar year 2023 was 31,023 feet. This PW team focuses on the most pressing known problem areas.
The goal is to remove problems not just to rack up footage.
Wastewater Treatment Plant Status:
The WWTP met all the effluent quality discharge requirements for the month of August.
Table 1. Monthly Status of required reporting constituents.
Constituent Monthly Results Monthly Limits
Monthly Influent Flow 9.959 MG 0.321 MGD daily avg 0.48mgd1 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 24 mg/L 30 mg/l
Total Coliform, MPN < 1.8 mpn 23 mpn
Sludge Wasted 21,052 gallons
Rain 0.0 in. 27.52 in. YTD –51.94” Last YTD
1 The .48 MGD is daily dry weather flow (May through October).
Plant Compliance Issues: The July 2024 monthly report was electronically submitted to the Regional Water Quality Control Board.
Operational Strategy Modifications:
The rag bin was hauled on August 29, 2024.
The drum on the sludge conveyor system broke free of the shaft and needs to be replaced (see picture below). The drum has been removed from the conveyor system and another drum is on order from the manufacturer. Sludge wasting will be limited during the conveyor down time which should be about 2 or 3 weeks. Roto strainers number 3 and 4 have been shipped form the manufacturer and are in transit to our plant. Once they arrive, we will begin the task of installation. A regular sludge wasting schedule was kept with a total of 21k gallons dewatered, 87 Section 13, Item B.
Effluent Disposal
Bowers and Hoskins irrigation were initiated for the season on June 3, 2024. Ione continues to receive flows from ARSA at 0.3 acre-ft per day through August 1q, 2024. On August 1, 2024, Ione switched from ARSA to CDCR water. As of August 1, 2024, Ione has received 290 acre-ft from the ARSA pipeline. WGA and City staff met at the freshwater diversion to develop a plan to fix the diversion. The repair is a condition of the ARSA legal settlement. Ongoing maintenance of the cattle water troughs along the pipeline. Irrigation sprinklers and valves are being repaired constantly
Preforming weed and rodent abatement at the three reservoirs. Weed eating has been performed on the inside and outside face of 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.
Oro-Madre Road - All fieldwork has been completed and the City is in final negotiations to close out the project.
City Rover - The City has received a free trial of City Rover, a GIS based program that collects data by installing a camera in a vehicle and simply driving the roads. The program captures potholes and documents them for repair. The City currently has a 6- month trial pilot program to see the quality of data that we receive. The unit is mounted in the Parks and Rec vehicle and the team is working through all roads in the City. We hope to have lots of good data to help guide our road overlay decisions. Weed mitigation – The PW crew with Cal fire crews have performed weed abatement and or fire breaks at the newly donated land above the WWTP, at the Mine Site (ongoing due to the size of the weed abatement), Sutter Hill Rd (a few large trees were removed from the side of the road), and the corner property on Ridge Rd and Prospect drive.
Parks and Buildings
Mini-Provis park women’s bathroom sink has been fixed. The internals of the faucet were replaced with new valves.
Play structures at Minnie Provis and Bryson each received 60 cubic yards of playground wood chips (see pictures below).
The valve in the Baseball field at Minnie Provis park had been leaking in the infield.
The issue was that a few pebbles had become logged in the unit causing the valve to seat incorrectly. The valve was disassembled, cleaned and reintroduced into service. The grammar school had a service alarm. The City was called out to silence the alarm.
Signal service came out a few days later to reset the device. 88 Section 13, Item B.
The City permit application has been submitted for the Creek cleaning. An update from Fish and Game, their review is almost over, and a determination was due at the end of August. To date, the determination has not been received. Volleyball is now an option for recreation in the auditorium. The net and pole setup has been verified and is ready for use in the future.
The City Hall Sutter Creek Notice Sign has been refurbished (see below) Service Requests
Responded to eleven service requests in August.
Five were for street issues;
One was for facility issues
One was for a sewer issues
Four were for tree issues;
Ore Cart - Transition Decorations
89 Section 13, Item B.
Minnie Provis Park Play structure with new wood chips
Bryson Park Play structure with new wood chips
90 Section 13, Item B.
Conveyor Drum
City Hall Sutter Creek Notice Sign
91 Section 13, Item B.
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: TOM DUBOIS, CITY MANAGER
MEETING DATE: SEPTEMBER 16, 2024
FROM: MASON PETERS, FINANCE SUPERVISOR
SUBJECT: FINANCE DEPT. AUGUST 2024 REPORT
CITY HALL/FINANCE DEPARTMENT UPDATE
Fiscal Year 2023-24 audit progressing with Maze & Associates – auditors were virtually “on-site” on August 5th– 9
th. We all went through the Interim item list and got far along, working on finishing the rest of the Interim list and received the Final list as well We received the federal portion of the Armor Wall & Gold Strike Ct FEMA funds, totaling $180,150.44. These funds will repay the FEMA fund which currently has a negative balance, and the remaining funds will go into the General Savings reserve fund.
The funds are being posted to that reserve account because when the disasters occurred and work was being done to repair the damage, funds were taken from that reserve to pay for the work
ACCOUNTS PAYABLE ACTIVITY
In August 2024, 58 warrants were issued, totaling $656,998.37. For comparison, in August 2023, all warrants totaled $633,598.17. Some key payments include a progress payment for the Oro Madre Overlay Project, a progress payment for Eureka Rd Project, and a retention payment for the Sutter Oaks Project.
We paid the entirety of the fiscal year’s CalPERS UAL invoices in August, which gave us a slight discount on the total amount owed. The total amount paid was $381,179, and we budgeted $390,962.
We also paid our Q1 insurance payment for the fiscal year 2024-25 to CSJVRMA. This Q1 amount includes the total annual cost for property and liability coverage, and the remaining quarters to be invoiced are for workers compensation coverage. The total paid for the Q1 invoice was $393,542, which is much of our annual cost of coverage. 92 Section 13, Item C.
2 ACCOUNTS RECEIVABLE ACTIVITY
In August 2024, we have received:
Transient Occupancy Tax (TOT):
o In August 2024, we have received $19,431.74 so far for July short term rentals.
We are still expecting some larger payments for July TOT, so this total will increase noticeably.
Building Permits:
o In August 2024, we issued 11 building permits, totaling $7,716.60. Compared to August 2023, we issued 7 less permits and total revenue generated decreased by $4,900.78. Some notable projects include a new deck and re-roofs. Sewer Billing
o Auto Pay Customers
Current Month: 373 (+2)
Prior Month: 371
o E-Bill Customers
Current month: 220 (+2)
Prior Month: 218
Photo taken in Sutter Creek beside the bridge between the Auditorium parking lot and the public parking lot by Gold Dust Pizza
93 Section 13, Item C.
FUND ACCT DEPT ANNUAL BUDGET CURRENT ACTUAL YTD ACTUAL % OF BUDGET REMAINING BALANCE AUG 2023 COMPARISON General Fund PERS Unfunded Non Department 295,440.00 - 289,517.00 98.00% 5,923.00 218,142.00 General Fund Sal/Wages-Elect City Council 15,120.00 1,260.00 2,520.00 16.67% 12,600.00 1,260.00 General Fund FICA City Council 940.00 78.12 156.24 16.62% 783.76 78.12 General Fund SUI City Council 250.00 21.42 42.84 17.14% 207.16 23.46 General Fund Medicare City Council 220.00 18.27 36.54 16.61% 183.46 18.27 General Fund Gen. Supplies City Council 150.00 - - 0.00% 150.00 - General Fund Elections City Council 1,000.00 110.34 110.34 11.03% 889.66 - General Fund Membership/Dues City Council 2,150.00 - - 0.00% 2,150.00 - General Fund CONTINGENCY City Council 2,000.00 - - 0.00% 2,000.00 - CITY COUNCIL TOTALS 21,830.00 1,488.15 2,865.96 13.13% 18,964.04 1,379.85 General Fund Salaries City Clerk 78,606.00 5,348.40 9,335.85 11.88% 69,270.15 5,054.46 General Fund Vacation Payout City Clerk 3,070.00 - - 0.00% 3,070.00 - General Fund FICA City Clerk 4,873.00 331.60 578.82 11.88% 4,294.18 313.38 General Fund SUI City Clerk 137.00 - - 0.00% 137.00 -
General Fund PERS City Clerk 6,280.00 420.92 734.74 11.70% 5,545.26 388.17 General Fund Medicare City Clerk 1,140.00 77.56 135.38 11.88% 1,004.62 73.29 General Fund Employee Benefi City Clerk 21,164.00 1,748.53 3,151.89 14.89% 18,012.11 1,579.15 General Fund Workers Comp. City Clerk 6,076.00 - - 0.00% 6,076.00 820.00 General Fund Gen. Supplies City Clerk 150.00 - - 0.00% 150.00 10.94 General Fund Muni Code Web City Clerk 5,100.00 - - 0.00% 5,100.00 - General Fund Contracts-Other City Clerk - - (323.31) 0.00% 323.31 - General Fund Water Utilities City Clerk - 7.48 7.48 0.00% (7.48) 25.44 CITY CLERK TOTALS 126,596.00 7,934.49 13,620.85 10.76% 112,975.15 8,264.83 General Fund Sal/Wages-Elect City Treasurer 2,250.00 187.50 375.00 16.67% 1,875.00 187.50 General Fund FICA City Treasurer 140.00 11.63 23.26 16.61% 116.74 11.63 General Fund SUI City Treasurer 47.00 - - 0.00% 47.00 - General Fund Medicare City Treasurer 33.00 2.72 5.44 16.48% 27.56 2.72 CITY TREASURER TOTALS 2,470.00 201.85 403.70 16.34% 2,066.30 201.85 General Fund Salaries City Manager 131,995.00 7,843.00 13,690.93 10.37% 118,304.07 9,086.00 General Fund Vacation Payout City Manager 5,078.00 - - 0.00% 5,078.00 - General Fund FICA City Manager 8,185.00 461.76 805.96 9.85% 7,379.04 563.33 General Fund SUI City Manager 176.00 - - 0.00% 176.00 - 94 Section 13, Item D.
General Fund PERS City Manager 10,389.00 605.44 1,056.82 10.17% 9,332.18 - General Fund Medicare City Manager 1,915.00 108.00 188.51 9.84% 1,726.49 131.74 General Fund Employee Benefi City Manager 27,388.00 1,176.75 1,621.75 5.92% 25,766.25 - General Fund Workers Comp. City Manager 10,268.00 - - 0.00% 10,268.00 1,538.00 General Fund Gen. Supplies City Manager 270.00 35.56 35.56 13.17% 234.44 - General Fund Prof Services City Manager 13,200.00 612.50 612.50 4.64% 12,587.50 113.99 General Fund Communications City Manager - 82.93 82.93 0.00% (82.93) 93.09 General Fund Travel,Conf,Trg City Manager 2,750.00 - - 0.00% 2,750.00 - General Fund Water Utilities City Manager 459.00 7.48 7.48 1.63% 451.52 19.75 General Fund PG&E Utilities City Manager 351.00 3.79 3.79 1.08% 347.21 3.92 General Fund CONTINGENCY City Manager 2,750.00 - - 0.00% 2,750.00 - CITY MANAGER TOTALS 215,174.00 10,937.21 18,106.23 8.41% 197,067.77 11,549.82 General Fund Salaries Finance 89,548.00 7,737.07 13,485.21 15.06% 76,062.79 8,689.74 General Fund Vacation Payout Finance 2,580.00 - - 0.00% 2,580.00 - General Fund FICA Finance 5,551.00 443.93 762.86 13.74% 4,788.14 538.77 General Fund SUI Finance 326.00 5.60 17.83 5.47% 308.17 141.09 General Fund PERS Finance 5,281.00 463.06 793.57 15.03% 4,487.43 509.27 General Fund Medicare Finance 1,299.00 103.84 178.45 13.74% 1,120.55 126.00 General Fund Employee Benefi Finance 25,223.00 2,540.69 2,631.38 10.43% 22,591.62 1,752.82 General Fund Workers Comp. Finance 6,900.00 - - 0.00% 6,900.00 1,365.00 General Fund Gen. Supplies Finance 11,650.00 368.41 1,135.90 9.75% 10,514.10 760.05 General Fund Network Svcs Co Finance 5,318.00 432.30 432.30 8.13% 4,885.70 959.29 General Fund MOM online fees Finance 6,078.00 1,238.62 2,535.27 41.71% 3,542.73 2,014.96 General Fund Audit & Acctg Finance 20,514.00 77.00 77.00 0.38% 20,437.00 1,975.68 General Fund Prof Services Finance 12,157.00 - - 0.00% 12,157.00 - General Fund Contracts-Other Finance 1,621.00 - - 0.00% 1,621.00 - General Fund Travel,Conf,Trg Finance 760.00 - - 0.00% 760.00 - General Fund Water Utilities Finance 253.00 24.76 24.76 9.79% 228.24 47.01 General Fund PG&E Utilities Finance 203.00 313.69 313.69 154.53% (110.69) 211.95 General Fund O&M Equipment Finance 27,858.00 - - 0.00% 27,858.00 - General Fund PayChex & Bank Finance - 510.34 1,031.56 0.00% (1,031.56) 554.41 FINANCE TOTALS 223,120.00 14,259.31 23,419.78 10.50% 199,700.22 19,646.04 General Fund Salaries Police Dept 485,869.00 33,899.21 59,958.80 12.34% 425,910.20 48,180.51 General Fund Overtime Police Dept 30,000.00 2,987.72 4,286.57 14.29% 25,713.43 4,701.35 General Fund Vacation Payout Police Dept 14,311.00 - 2,852.80 19.93% 11,458.20 - General Fund FICA Police Dept 29,049.00 2,286.98 4,160.07 14.32% 24,888.93 3,743.70 95 Section 13, Item D.
General Fund SUI Police Dept 966.00 - - 0.00% 966.00 -
General Fund PERS Police Dept 78,529.00 5,761.69 10,056.44 12.81% 68,472.56 7,161.09 General Fund Medicare Police Dept 6,794.00 534.87 972.93 14.32% 5,821.07 875.55 General Fund Employee Benefi Police Dept 113,880.00 9,813.84 16,971.08 14.90% 96,908.92 13,278.68 General Fund Workers Comp. Police Dept 33,302.00 - - 0.00% 33,302.00 8,401.00 General Fund Gen. Supplies Police Dept 3,800.00 120.23 120.23 3.16% 3,679.77 1,055.79 General Fund Fuel Police Dept 27,000.00 2,369.91 2,369.91 8.78% 24,630.09 2,109.32 General Fund Special Depart Police Dept 1,000.00 57.44 57.44 5.74% 942.56 300.00 General Fund Clothing Police Dept 3,500.00 - - 0.00% 3,500.00 - General Fund Safety Equip Police Dept 5,000.00 - - 0.00% 5,000.00 - General Fund Contracts-Other Police Dept 43,000.00 - - 0.00% 43,000.00 - General Fund Dispatching Police Dept 155,936.00 - - 0.00% 155,936.00 28,888.35 General Fund Communications Police Dept 5,000.00 155.76 155.76 3.12% 4,844.24 633.70 General Fund Membership/Dues Police Dept 350.00 - - 0.00% 350.00 - General Fund Travel,Conf,Trg Police Dept 5,000.00 300.00 300.00 6.00% 4,700.00 971.95 General Fund Water Utilities Police Dept 500.00 46.71 46.71 9.34% 453.29 117.02 General Fund PG&E Utilities Police Dept 7,000.00 615.08 615.08 8.79% 6,384.92 504.65 General Fund Vehicle Maintna Police Dept 13,000.00 1,493.61 1,493.61 11.49% 11,506.39 1,986.65 General Fund O&M Equipment Police Dept 1,000.00 - - 0.00% 1,000.00 241.47 General Fund Misc-Bookings Police Dept 150.00 - - 0.00% 150.00 - General Fund Misc-Court/Invs Police Dept 100.00 - - 0.00% 100.00 - POLICE TOTALS 1,064,036.00 60,443.05 104,417.43 9.81% 959,618.57 123,150.78 General Fund Sal/Wages-Elect Planning 6,750.00 562.50 1,125.00 16.67% 5,625.00 337.50 General Fund FICA Planning 425.00 34.90 69.80 16.42% 355.20 20.94 General Fund SUI Planning 130.00 9.44 18.88 14.52% 111.12 5.18 General Fund Medicare Planning 100.00 8.15 16.30 16.30% 83.70 4.89 General Fund Gen. Supplies Planning 200.00 - - 0.00% 200.00 22.32 General Fund Planner Planning 40,000.00 - - 0.00% 40,000.00 2,388.80 General Fund LAFCO Expense Planning 6,000.00 5,601.00 5,601.00 93.35% 399.00 5,358.00 General Fund Contracts-Other Planning 7,996.00 - - 0.00% 7,996.00 - General Fund PH Notices Planning 4,000.00 110.34 110.34 2.76% 3,889.66 190.26 PLANNING TOTALS 65,601.00 6,326.33 6,941.32 10.58% 58,659.68 8,327.89 General Fund Plan Chk & Insp Building DEPT 41,000.00 3,748.49 3,748.49 9.14% 37,251.51 4,895.24 General Fund E&P Reimb Engr. Engineering 60,000.00 6,148.78 6,148.78 10.25% 53,851.22 6,745.00 General Fund Engineering Engineering 60,000.00 18,348.83 18,348.83 30.58% 41,651.17 535.00 General Fund Plan Chk & Insp Engineering 4,000.00 222.50 222.50 5.56% 3,777.50 634.50 96 Section 13, Item D.
ENGINEERING/BUILDING TOTALS 165,000.00 28,468.60 28,468.60 17.25% 136,531.40 7,914.50 General Fund Salaries Parks & Recreat 156,354.00 7,307.62 14,009.20 8.96% 142,344.80 5,411.28 General Fund Vacation Payout Parks & Recreat 5,854.00 - - 0.00% 5,854.00 - General Fund FICA Parks & Recreat 9,694.00 401.52 795.09 8.20% 8,898.91 334.76 General Fund SUI Parks & Recreat 373.00 - - 0.00% 373.00 53.12 General Fund PERS Parks & Recreat 19,995.00 582.39 1,134.84 5.68% 18,860.16 461.49 General Fund Medicare Parks & Recreat 2,267.00 93.90 185.94 8.20% 2,081.06 78.30 General Fund Employee Benefi Parks & Recreat 49,528.00 3,996.53 5,419.50 10.94% 44,108.50 2,485.12 General Fund Workers Comp. Parks & Recreat 11,931.00 - - 0.00% 11,931.00 1,117.00 General Fund Gen. Supplies Parks & Recreat 450.00 - - 0.00% 450.00 4.26 General Fund Fuel Parks & Recreat 9,000.00 530.26 530.26 5.89% 8,469.74 700.39 General Fund Repair/Maint Parks & Recreat 31,500.00 - - 0.00% 31,500.00 601.68 General Fund Beautification Parks & Recreat 5,000.00 889.60 889.60 17.79% 4,110.40 - General Fund Clothing Parks & Recreat 2,000.00 - 330.00 16.50% 1,670.00 366.88 General Fund Weed Control Parks & Recreat 1,500.00 - - 0.00% 1,500.00 - General Fund Restrooms Parks & Recreat 150.00 - - 0.00% 150.00 - General Fund Taxes/Fees/Lics Parks & Recreat 500.00 - - 0.00% 500.00 - General Fund Contracts-Other Parks & Recreat 19,500.00 - - 0.00% 19,500.00 16,835.00 General Fund Water Utilities Parks & Recreat 22,500.00 3,805.36 3,805.36 16.91% 18,694.64 6,898.15 General Fund PG&E Utilities Parks & Recreat 22,700.00 6,198.01 6,198.01 27.30% 16,501.99 167.89 General Fund Vehicle Maintna Parks & Recreat 6,000.00 26.39 26.39 0.44% 5,973.61 719.29 General Fund O&M Equipment Parks & Recreat 4,500.00 - - 0.00% 4,500.00 - General Fund O&M Blg/Structu Parks & Recreat 5,000.00 601.17 601.17 12.02% 4,398.83 438.00 General Fund Janitorial Parks & Recreat 6,500.00 - - 0.00% 6,500.00 - General Fund Lease-Prkg lot Parks & Recreat 45,500.00 3,790.46 4,665.46 10.25% 40,834.54 - General Fund Improvements Parks & Recreat - 317.86 317.86 0.00% (317.86) - PARKS & REC TOTALS 438,296.00 28,541.07 38,908.68 8.88% 399,387.32 36,672.61 General Fund Salaries Swimming Pool 10,140.00 392.53 764.00 7.53% 9,376.00 591.39 General Fund Vacation Payout Swimming Pool 380.00 - - 0.00% 380.00 - General Fund FICA Swimming Pool 629.00 24.34 47.37 7.53% 581.63 35.91 General Fund SUI Swimming Pool 24.00 - - 0.00% 24.00 -
General Fund PERS Swimming Pool 1,297.00 61.69 114.34 8.82% 1,182.66 102.06 General Fund Medicare Swimming Pool 147.00 5.69 11.08 7.54% 135.92 8.41 General Fund Employee Benefi Swimming Pool 3,212.00 158.95 165.13 5.14% 3,046.87 255.56 General Fund Workers Comp. Swimming Pool 774.00 - - 0.00% 774.00 105.00 General Fund Gen. Supplies Swimming Pool 125.00 - - 0.00% 125.00 - 97 Section 13, Item D.
General Fund Supplies - Chem Swimming Pool 11,000.00 - - 0.00% 11,000.00 452.33 General Fund Taxes/Fees/Lics Swimming Pool 450.00 - - 0.00% 450.00 - General Fund Contracts-Other Swimming Pool 40,500.00 - - 0.00% 40,500.00 28,519.75 General Fund O&M Equipment Swimming Pool 1,500.00 249.51 249.51 16.63% 1,250.49 - General Fund O&M Blg/Structu Swimming Pool 3,500.00 - - 0.00% 3,500.00 - POOL TOTALS 73,678.00 892.71 1,351.43 1.83% 72,326.57 30,070.41 General Fund Community Prom Marketing 16,585.00 557.54 557.54 3.36% 16,027.46 165.71 General Fund Beautification Marketing 3,900.00 588.31 588.31 15.08% 3,311.69 - General Fund Internet Servic Marketing 3,000.00 - - 0.00% 3,000.00 - General Fund Advertising Marketing 4,000.00 - - 0.00% 4,000.00 - General Fund Lease-Prkg lot Marketing 45,500.00 - 2,915.46 0.00% 42,584.54 6,980.92 MARKETING TOTALS 72,985.00 1,145.85 4,061.31 5.56% 68,923.69 7,146.63 General Fund Salaries Cemetery 10,140.00 - - 0.00% 10,140.00 429.85 General Fund Vacation Payout Cemetery 380.00 - - 0.00% 380.00 - General Fund FICA Cemetery 629.00 - - 0.00% 629.00 20.31 General Fund SUI Cemetery 24.00 - - 0.00% 24.00 -
General Fund PERS Cemetery 1,297.00 - - 0.00% 1,297.00 20.82 General Fund Medicare Cemetery 147.00 - - 0.00% 147.00 4.75 General Fund Employee Benefi Cemetery 3,212.00 118.48 196.86 6.13% 3,015.14 33.31 General Fund Workers Comp. Cemetery 774.00 - - 0.00% 774.00 17.00 General Fund Water Utilities Cemetery - 75.51 75.51 0.00% (75.51) 0.41 CEMETERY TOTALS 16,603.00 193.99 272.37 1.64% 16,330.63 526.45 General Fund Salaries MonteVerde Muse 33,801.00 166.52 280.77 0.83% 33,520.23 - General Fund Vacation Payout MonteVerde Muse 1,266.00 - - 0.00% 1,266.00 - General Fund FICA MonteVerde Muse 2,096.00 10.32 17.40 0.83% 2,078.60 - General Fund SUI MonteVerde Muse 81.00 - - 0.00% 81.00 - General Fund PERS MonteVerde Muse 4,322.00 - - 0.00% 4,322.00 - General Fund Medicare MonteVerde Muse 490.00 2.42 4.08 0.83% 485.92 - General Fund Employee Benefi MonteVerde Muse 10,707.00 - - 0.00% 10,707.00 - General Fund Workers Comp. MonteVerde Muse 2,579.00 - - 0.00% 2,579.00 - General Fund Water Utilities MonteVerde Muse - 70.89 70.89 0.00% (70.89) 145.30 General Fund PG&E Utilities MonteVerde Muse - 86.38 86.38 0.00% (86.38) 69.95 MONTEVERDE STORE TOTALS 55,342.00 336.53 459.52 0.83% 54,882.48 215.25 98 Section 13, Item D.
General Fund Employee Benefi Central Servies 2,340.00 - - 0.00% 2,340.00 697.50 General Fund Gen. Supplies Central Servies 1,250.00 - - 0.00% 1,250.00 97.00 General Fund Equipmt Maint. Central Servies 650.00 37.81 37.81 5.82% 612.19 34.66 General Fund Computer Hardwr Central Servies 750.00 - - 0.00% 750.00 - General Fund Network Svcs Co Central Servies 22,500.00 806.00 806.00 3.58% 21,694.00 2,308.65 General Fund Internet Servic Central Servies 7,250.00 373.11 373.11 5.15% 6,876.89 726.71 General Fund Communications Central Servies 4,375.00 55.88 55.88 1.28% 4,319.12 681.81 General Fund Risk Management Central Servies 217,663.00 196,771.00 196,771.00 90.40% 20,892.00 134,508.50 General Fund Membership/Dues Central Servies 1,250.00 - - 0.00% 1,250.00 - General Fund O&M Equipment Central Servies 750.00 - - 0.00% 750.00 - CENTRAL SERVICES TOTALS 258,778.00 198,043.80 198,043.80 76.53% 60,734.20 139,054.83 General Fund Legal City Attorney 28,050.00 276.00 276.00 0.98% 27,774.00 2,326.21 GENERAL FUND TOTAL 2,782,059.00 359,543.26 731,208.42 26.28% 2,050,850.58 396,447.95 Streets/Sidewal Gen. Supplies - (17.08) (17.08) 0.00% 17.08 2.23 Streets/Sidewal Employee Benefi City Clerk - - 14.78 0.00% (14.78) 49.55 Streets/Sidewal Water Utilities City Clerk - 1.48 1.48 0.00% (1.48) 2.11 CITY CLERK TOTAL - 1.48 16.26 0.00% (16.26) 53.89
Streets/Sidewal Salaries City Manager 12,000.00 713.00 1,244.63 10.37% 10,755.37 1,817.20 Streets/Sidewal Vacation Payout City Manager 462.00 - - 0.00% 462.00 - Streets/Sidewal FICA City Manager 744.00 44.20 77.16 10.37% 666.84 112.67 Streets/Sidewal SUI City Manager 16.00 - - 0.00% 16.00 - Streets/Sidewal PERS City Manager 944.00 56.12 97.97 10.38% 846.03 - Streets/Sidewal Medicare City Manager 174.00 4.60 8.01 4.60% 165.99 26.35 Streets/Sidewal Employee Benefi City Manager 2,490.00 59.54 59.54 2.39% 2,430.46 - Streets/Sidewal Workers Comp. City Manager 934.00 - - 0.00% 934.00 308.00 Streets/Sidewal Gen. Supplies City Manager 25.00 7.11 7.11 28.44% 17.89 - Streets/Sidewal Prof Services City Manager 1,200.00 122.50 122.50 10.21% 1,077.50 - Streets/Sidewal Communications City Manager - 16.59 16.59 0.00% (16.59) - Streets/Sidewal Travel,Conf,Trg City Manager 250.00 - - 0.00% 250.00 - Streets/Sidewal Water Utilities City Manager 42.00 1.50 1.50 3.57% 40.50 2.12 Streets/Sidewal PG&E Utilities City Manager 32.00 0.76 0.76 2.38% 31.24 0.78 Streets/Sidewal CONTINGENCY City Manager 250.00 - - 0.00% 250.00 - 99 Section 13, Item D.
CITY MANAGER TOTAL 19,563.00 1,025.92 1,635.77 8.36% 17,927.23 2,267.12 Streets/Sidewal Salaries Finance 11,147.00 628.16 1,096.48 9.84% 10,050.52 1,655.19 Streets/Sidewal Vacation Payout Finance 321.00 - - 0.00% 321.00 - Streets/Sidewal FICA Finance 691.00 38.94 66.73 9.66% 624.27 102.62 Streets/Sidewal SUI Finance 41.00 1.12 3.56 8.68% 37.44 - Streets/Sidewal PERS Finance 657.00 49.44 84.71 12.89% 572.29 97.00 Streets/Sidewal Medicare Finance 162.00 9.10 15.59 9.62% 146.41 24.00 Streets/Sidewal Employee Benefi Finance 3,140.00 201.95 219.37 6.99% 2,920.63 246.47 Streets/Sidewal Workers Comp. Finance 859.00 - - 0.00% 859.00 260.00 Streets/Sidewal Gen. Supplies Finance 1,451.00 33.31 91.76 6.32% 1,359.24 101.43 Streets/Sidewal Network Svcs Co Finance 662.00 76.29 76.29 11.52% 585.71 125.58 Streets/Sidewal MOM online fees Finance 757.00 - - 0.00% 757.00 - Streets/Sidewal Audit & Acctg Finance 2,554.00 9.00 9.00 0.35% 2,545.00 376.32 Streets/Sidewal Prof Services Finance 1,513.00 - - 0.00% 1,513.00 - Streets/Sidewal Contracts-Other Finance 202.00 - - 0.00% 202.00 - Streets/Sidewal Travel,Conf,Trg Finance 95.00 - - 0.00% 95.00 - Streets/Sidewal Water Utilities Finance 32.00 3.74 3.74 11.69% 28.26 7.23 Streets/Sidewal PG&E Utilities Finance 25.00 55.36 55.36 221.44% (30.36) 40.37 Streets/Sidewal O&M Equipment Finance 3,468.00 - - 0.00% 3,468.00 - Streets/Sidewal PayChex & Bank Finance 914.00 57.56 120.87 13.22% 793.13 30.80 FINANCE TOTAL 28,691.00 1,163.97 1,843.46 6.43% 26,847.54 3,067.01 Streets/Sidewal Salaries Streets/Roads 59,490.00 4,018.98 7,614.92 12.80% 51,875.08 6,809.21 Streets/Sidewal Vacation Payout Streets/Roads 2,227.00 - - 0.00% 2,227.00 - Streets/Sidewal FICA Streets/Roads 3,688.00 249.18 482.04 13.07% 3,205.96 420.23 Streets/Sidewal SUI Streets/Roads 142.00 - - 0.00% 142.00 - Streets/Sidewal PERS Streets/Roads 7,607.00 495.41 931.79 12.25% 6,675.21 725.59 Streets/Sidewal Medicare Streets/Roads 863.00 58.27 112.74 13.06% 750.26 98.24 Streets/Sidewal Employee Benefi Streets/Roads 18,844.00 2,132.26 3,151.41 16.72% 15,692.59 3,388.77 Streets/Sidewal Workers Comp. Streets/Roads 4,539.00 - - 0.00% 4,539.00 1,281.00 Streets/Sidewal Gen. Supplies Streets/Roads 1,560.00 - - 0.00% 1,560.00 - Streets/Sidewal Fuel Streets/Roads 12,540.00 367.18 367.18 2.93% 12,172.82 994.57 Streets/Sidewal Clothing Streets/Roads 810.00 - 160.00 19.75% 650.00 401.98 Streets/Sidewal Patching Streets/Roads 21,960.00 - - 0.00% 21,960.00 141.99 Streets/Sidewal Signs Streets/Roads 250.00 - - 0.00% 250.00 - Streets/Sidewal Flood Control Streets/Roads 1,000.00 - - 0.00% 1,000.00 - Streets/Sidewal Weed Control Streets/Roads 3,000.00 - - 0.00% 3,000.00 - Streets/Sidewal Contracts-Other Streets/Roads 17,000.00 337.50 337.50 1.99% 16,662.50 - 100
Section 13, Item D.
Streets/Sidewal Street Lights Streets/Roads 38,400.00 3,337.71 3,337.71 8.69% 35,062.29 2,935.83 Streets/Sidewal Vehicle Maintna Streets/Roads 2,000.00 167.44 167.44 8.37% 1,832.56 487.62 Streets/Sidewal O&M Equipment Streets/Roads 1,000.00 - - 0.00% 1,000.00 - Streets/Sidewal Improvements Streets/Roads 961,000.00 395,281.36 395,281.36 41.13% 565,718.64 - PW STREETS TOTAL 1,157,920.00 406,445.29 411,944.09 35.58% 745,975.91 17,685.03 STREETS FUND TOTAL 1,206,174.00 408,619.58 415,422.50 34.44% 790,751.50 23,019.16 Crestview Lgt/D Salaries Finance 1,486.00 188.44 328.93 22.14% 1,157.07 - Crestview Lgt/D Vacation Payout Finance 43.00 - - 0.00% 43.00 - Crestview Lgt/D FICA Finance 92.00 11.68 19.77 21.49% 72.23 - Crestview Lgt/D SUI Finance 5.00 0.56 1.79 35.80% 3.21 - Crestview Lgt/D PERS Finance 88.00 14.84 25.10 28.52% 62.90 - Crestview Lgt/D Medicare Finance 22.00 2.74 4.62 21.00% 17.38 - Crestview Lgt/D Employee Benefi Finance 419.00 4.68 9.36 2.23% 409.64 - Crestview Lgt/D Workers Comp. Finance 115.00 - - 0.00% 115.00 - Crestview Lgt/D Gen. Supplies Finance 194.00 - - 0.00% 194.00 - Crestview Lgt/D Network Svcs Co Finance 88.00 - - 0.00% 88.00 - Crestview Lgt/D MOM online fees Finance 101.00 - - 0.00% 101.00 - Crestview Lgt/D Audit & Acctg Finance 340.00 5.00 5.00 1.47% 335.00 - Crestview Lgt/D Prof Services Finance 202.00 - - 0.00% 202.00 - Crestview Lgt/D Contracts-Other Finance 27.00 - - 0.00% 27.00 - Crestview Lgt/D Travel,Conf,Trg Finance 13.00 - - 0.00% 13.00 - Crestview Lgt/D Water Utilities Finance 4.00 - - 0.00% 4.00 - Crestview Lgt/D PG&E Utilities Finance 3.00 - - 0.00% 3.00 - Crestview Lgt/D O&M Equipment Finance 462.00 - - 0.00% 462.00 - Crestview Lgt/D PayChex & Bank Finance 122.00 - - 0.00% 122.00 - FINANCE TOTAL 3,826.00 227.94 394.57 10.31% 3,431.43 -
Crestview Lgt/D Vehicle Maintna Streets/Roads - 1.69 1.69 0.00% (1.69) - Crestview Lgt/D Employee Benefi CrestView Lgt - 0.24 0.24 0.00% (0.24) - Crestview Lgt/D Street Lights CrestView Lgt - 123.98 123.98 0.00% (123.98) 99.52 PW CRESTVIEW TOTAL - 124.22 124.22 0.00% (124.22) 99.52 CRESTVIEW FUND TOTAL 3,826.00 353.85 520.48 13.60% 3,305.52 99.52 Sewer M&O Salaries City Clerk 9,248.00 1,426.24 2,489.56 26.92% 6,758.44 2,063.04 101
Section 13, Item D.
Sewer M&O Vacation Payout City Clerk 361.00 - - 0.00% 361.00 - Sewer M&O FICA City Clerk 573.00 88.42 154.34 26.94% 418.66 127.92 Sewer M&O SUI City Clerk 16.00 - - 0.00% 16.00 -
Sewer M&O PERS City Clerk 739.00 112.24 195.92 26.51% 543.08 158.43 Sewer M&O PERS Unfunded City Clerk - - 7,894.00 0.00% (7,894.00) 523.58 Sewer M&O Medicare City Clerk 134.00 20.68 36.10 26.94% 97.90 29.91 Sewer M&O Employee Benefi City Clerk 2,490.00 178.21 374.50 15.04% 2,115.50 116.04 Sewer M&O Workers Comp. City Clerk 715.00 - - 0.00% 715.00 335.00 Sewer M&O Gen. Supplies City Clerk 18.00 - - 0.00% 18.00 4.47 Sewer M&O Muni Code Web City Clerk 600.00 - - 0.00% 600.00 - Sewer M&O Water Utilities City Clerk - 2.99 2.99 0.00% (2.99) 4.23 CITY CLERK TOTAL 14,894.00 1,828.78 11,147.41 74.84% 3,746.59 3,362.62 Sewer M&O Salaries City Manager 59,998.00 3,565.00 6,223.15 10.37% 53,774.85 3,634.40 Sewer M&O Vacation Payout City Manager 2,308.00 - - 0.00% 2,308.00 - Sewer M&O FICA City Manager 3,720.00 196.56 343.01 9.22% 3,376.99 225.33 Sewer M&O SUI City Manager 81.00 - - 0.00% 81.00 -
Sewer M&O PERS City Manager 4,722.00 268.76 469.10 9.93% 4,252.90 - Sewer M&O PERS Unfunded City Manager - - 13,408.00 0.00% (13,408.00) 523.58 Sewer M&O Medicare City Manager 870.00 51.70 90.24 10.37% 779.76 52.71 Sewer M&O Employee Benefi City Manager 12,449.00 513.76 691.76 5.56% 11,757.24 - Sewer M&O Workers Comp. City Manager 4,668.00 - - 0.00% 4,668.00 615.00 Sewer M&O Gen. Supplies City Manager 123.00 14.22 14.22 11.56% 108.78 - Sewer M&O Prof Services City Manager 6,000.00 245.00 245.00 4.08% 5,755.00 - Sewer M&O Communications City Manager - 33.17 33.17 0.00% (33.17) 62.06 Sewer M&O Travel,Conf,Trg City Manager 1,250.00 - - 0.00% 1,250.00 - Sewer M&O Water Utilities City Manager 208.00 2.99 2.99 1.44% 205.01 10.34 Sewer M&O PG&E Utilities City Manager 159.00 1.52 1.52 0.96% 157.48 1.57 Sewer M&O CONTINGENCY City Manager 1,250.00 - - 0.00% 1,250.00 - CITY MANAGER TOTAL 97,806.00 4,892.68 21,522.16 22.00% 76,283.84 5,124.99 Sewer M&O Salaries Finance 56,775.00 4,320.50 7,531.83 13.27% 49,243.17 6,413.86 Sewer M&O Vacation Payout Finance 1,636.00 - - 0.00% 1,636.00 - Sewer M&O FICA Finance 3,520.00 267.87 460.30 13.08% 3,059.70 397.65 Sewer M&O SUI Finance 207.00 34.24 41.58 20.09% 165.42 - Sewer M&O PERS Finance 3,348.00 218.94 373.18 11.15% 2,974.82 375.88 Sewer M&O PERS Unfunded Finance - - 13,072.00 0.00% (13,072.00) 1,623.06 Sewer M&O Medicare Finance 823.00 62.65 107.66 13.08% 715.34 93.00 102
Section 13, Item D.
Sewer M&O Employee Benefi Finance 15,992.00 1,107.91 1,164.99 7.28% 14,827.01 1,883.73 Sewer M&O Workers Comp. Finance 4,374.00 - - 0.00% 4,374.00 1,007.00 Sewer M&O Gen. Supplies Finance 7,387.00 210.42 491.25 6.65% 6,895.75 676.32 Sewer M&O Network Svcs Co Finance 3,372.00 271.24 271.24 8.04% 3,100.76 486.60 Sewer M&O MOM online fees Finance 3,854.00 - - 0.00% 3,854.00 - Sewer M&O Audit & Acctg Finance 13,006.00 48.00 48.00 0.37% 12,958.00 1,178.24 Sewer M&O Prof Services Finance 7,707.00 - - 0.00% 7,707.00 - Sewer M&O Contracts-Other Finance 1,028.00 - - 0.00% 1,028.00 - Sewer M&O Travel,Conf,Trg Finance 482.00 - - 0.00% 482.00 - Sewer M&O Water Utilities Finance 161.00 14.48 14.48 8.99% 146.52 40.19 Sewer M&O PG&E Utilities Finance 128.00 196.82 196.82 153.77% (68.82) 156.44 Sewer M&O O&M Equipment Finance 17,663.00 - - 0.00% 17,663.00 - Sewer M&O PayChex & Bank Finance 4,657.00 313.95 631.03 13.55% 4,025.97 646.81 FINANCE TOTAL 146,120.00 7,067.02 24,404.36 16.70% 121,715.64 14,978.78 Sewer M&O E&P Reimb Engr. Engineering - 270.00 270.00 0.00% (270.00) - Sewer M&O Engineering Engineering - 135.00 135.00 0.00% (135.00) 3,303.75 ENGINEERING TOTAL - 405.00 405.00 0.00% (405.00) 3,303.75 Sewer M&O Salaries Sewer Treatment 73,236.00 7,007.44 13,093.14 17.88% 60,142.86 10,292.70 Sewer M&O Overtime Sewer Treatment 10,000.00 364.16 695.47 6.95% 9,304.53 200.68 Sewer M&O Vacation Payout Sewer Treatment 2,742.00 - - 0.00% 2,742.00 - Sewer M&O FICA Sewer Treatment 4,541.00 457.04 875.36 19.28% 3,665.64 649.84 Sewer M&O SUI Sewer Treatment 175.00 1,645.32 1,645.32 940.18% (1,470.32) - Sewer M&O PERS Sewer Treatment 9,365.00 1,112.62 2,073.40 22.14% 7,291.60 1,672.68 Sewer M&O PERS Unfunded Sewer Treatment - - 25,641.00 0.00% (25,641.00) 3,926.80 Sewer M&O Medicare Sewer Treatment 1,062.00 106.88 204.71 19.28% 857.29 151.98 Sewer M&O Employee Benefi Sewer Treatment 23,198.00 1,285.35 2,042.62 8.81% 21,155.38 5,198.93 Sewer M&O Workers Comp. Sewer Treatment 5,588.00 - - 0.00% 5,588.00 2,106.00 Sewer M&O Gen. Supplies Sewer Treatment 2,500.00 119.59 119.59 4.78% 2,380.41 172.30 Sewer M&O Fuel Sewer Treatment 10,000.00 503.54 503.54 5.04% 9,496.46 357.47 Sewer M&O Supplies - Chem Sewer Treatment 120,000.00 9,000.86 9,000.86 7.50% 110,999.14 18,590.95 Sewer M&O Supplies - Lab Sewer Treatment 6,000.00 558.00 558.00 9.30% 5,442.00 347.00 Sewer M&O Clothing Sewer Treatment 1,000.00 125.00 455.00 45.50% 545.00 170.00 Sewer M&O Taxes/Fees/Lics Sewer Treatment 32,000.00 - - 0.00% 32,000.00 412.92 Sewer M&O Computer Softwr Sewer Treatment 7,500.00 - - 0.00% 7,500.00 - Sewer M&O Internet Servic Sewer Treatment 2,500.00 204.40 204.40 8.18% 2,295.60 398.80 Sewer M&O Engineering Sewer Treatment 10,000.00 270.00 270.00 2.70% 9,730.00 - 103
Section 13, Item D.
Sewer M&O Contracts-Other Sewer Treatment - 2,750.00 2,750.00 0.00% (2,750.00) - Sewer M&O Communications Sewer Treatment 1,000.00 - - 0.00% 1,000.00 30.80 Sewer M&O Membership/Dues Sewer Treatment 750.00 - - 0.00% 750.00 - Sewer M&O Travel,Conf,Trg Sewer Treatment 2,000.00 - - 0.00% 2,000.00 - Sewer M&O Water Utilities Sewer Treatment 18,000.00 1,184.42 1,184.42 6.58% 16,815.58 2,145.78 Sewer M&O PG&E Utilities Sewer Treatment 28,000.00 4,676.09 4,676.09 16.70% 23,323.91 2,086.20 Sewer M&O Vehicle Maintna Sewer Treatment 3,500.00 - - 0.00% 3,500.00 - Sewer M&O O&M Equipment Sewer Treatment 66,000.00 - - 0.00% 66,000.00 38.76 Sewer M&O O & M-Sewer Plt Sewer Treatment 25,000.00 876.70 876.70 3.51% 24,123.30 1,376.06 Sewer M&O Sludge Sewer Treatment 55,000.00 4,685.64 4,685.64 8.52% 50,314.36 5,155.61 Sewer M&O Rentals-Mach/Eq Sewer Treatment 50,000.00 - - 0.00% 50,000.00 - Sewer M&O Principal Pymt Sewer Treatment 25,000.00 - - 0.00% 25,000.00 - Sewer M&O Interest Expens Sewer Treatment 19,395.00 - - 0.00% 19,395.00 - Sewer M&O Improvements Sewer Treatment 225,000.00 - - 0.00% 225,000.00 - Sewer M&O Machinery & Sewer Treatment 170,000.00 - - 0.00% 170,000.00 - WWTP TOTAL 1,010,052.00 36,933.05 71,555.26 7.08% 938,496.74 55,482.26 Sewer M&O Salaries Sewer Collectio 43,941.00 3,496.00 6,530.66 14.86% 37,410.34 4,203.84 Sewer M&O Vacation Payout Sewer Collectio 1,645.00 - - 0.00% 1,645.00 - Sewer M&O FICA Sewer Collectio 2,724.00 216.75 416.05 15.27% 2,307.95 272.30 Sewer M&O SUI Sewer Collectio 105.00 99.10 99.10 94.38% 5.90 - Sewer M&O PERS Sewer Collectio 5,619.00 554.97 1,033.94 18.40% 4,585.06 575.01 Sewer M&O PERS Unfunded Sewer Collectio - - 13,814.00 0.00% (13,814.00) 1,963.40 Sewer M&O Medicare Sewer Collectio 637.00 50.70 97.32 15.28% 539.68 63.68 Sewer M&O Employee Benefi Sewer Collectio 13,919.00 1,109.19 1,394.69 10.02% 12,524.31 2,397.30 Sewer M&O Workers Comp. Sewer Collectio 3,353.00 - - 0.00% 3,353.00 997.00 Sewer M&O Clothing Sewer Collectio 1,400.00 125.00 305.00 21.79% 1,095.00 114.48 Sewer M&O Computer Softwr Sewer Collectio 7,500.00 - - 0.00% 7,500.00 - Sewer M&O Engineering Sewer Collectio 20,000.00 540.00 540.00 2.70% 19,460.00 - Sewer M&O Prof Services Sewer Collectio 2,000.00 - - 0.00% 2,000.00 - Sewer M&O Vehicle Maintna Sewer Collectio 5,000.00 - - 0.00% 5,000.00 - Sewer M&O O&M Equipment Sewer Collectio 3,000.00 - - 0.00% 3,000.00 - Sewer M&O O&M Blg/Structu Sewer Collectio 5,000.00 - - 0.00% 5,000.00 - Sewer M&O Improvements Sewer Collectio 655,000.00 117,981.83 117,981.83 18.01% 537,018.17 - Sewer M&O Machinery & Sewer Collectio 37,500.00 - - 0.00% 37,500.00 - COLLECTIONS TOTAL 808,343.00 124,173.54 142,212.59 17.59% 666,130.41 10,587.01 Sewer M&O Employee Benefi Central Servies 1,170.00 - - 0.00% 1,170.00 472.50 104
Section 13, Item D.
Sewer M&O Gen. Supplies Central Servies 625.00 - - 0.00% 625.00 96.98 Sewer M&O Equipmt Maint. Central Servies 325.00 37.81 37.81 11.63% 287.19 34.65 Sewer M&O Computer Hardwr Central Servies 375.00 - - 0.00% 375.00 - Sewer M&O Network Svcs Co Central Servies 11,250.00 806.00 806.00 7.16% 10,444.00 2,308.65 Sewer M&O Internet Servic Central Servies 3,625.00 373.11 373.11 10.29% 3,251.89 726.71 Sewer M&O Communications Central Servies 2,188.00 55.88 55.88 2.55% 2,132.12 681.81 Sewer M&O Risk Management Central Servies 108,831.00 98,385.50 98,385.50 90.40% 10,445.50 134,508.50 Sewer M&O Membership/Dues Central Servies 625.00 - - 0.00% 625.00 - Sewer M&O O&M Equipment Central Servies 375.00 - - 0.00% 375.00 - CENTRAL SERVICES TOTAL 129,389.00 99,658.30 99,658.30 77.02% 29,730.70 138,829.80 Sewer M&O Legal City Attorney 38,250.00 276.00 276.00 0.72% 37,974.00 2,326.21 WASTEWATER ENTERPRISE FUND TOTAL 2,244,854.00 275,168.20 371,114.91 16.53% 1,873,739.09 233,995.42 AB 1600 Machinery & Police Dept 20,000.00 - - 0.00% 20,000.00 - AB 1600 Vehicle Expense Police Dept - 18,469.00 18,469.00 0.00% (18,469.00) - POLICE AB1600 TOTAL 20,000.00 18,469.00 18,469.00 92.35% 1,531.00 - AB 1600 Machinery & Parks & Recreat 40,000.00 - - 0.00% 40,000.00 - AB1600 FUND TOTAL 60,000.00 18,469.00 18,469.00 30.78% 41,531.00 - Park Impact Fee Park Improvemen Parks & Recreat 35,000.00 - - 0.00% 35,000.00 - PARK IMPACT FEE FUND TOTAL 35,000.00 - - 0.00% 35,000.00 - Effluent Disp. Salaries City Clerk 4,624.00 356.56 622.39 13.46% 4,001.61 2,063.04 Effluent Disp. Vacation Payout City Clerk 181.00 - - 0.00% 181.00 - Effluent Disp. FICA City Clerk 287.00 22.10 38.58 13.44% 248.42 127.92 Effluent Disp. SUI City Clerk 8.00 - - 0.00% 8.00 -
Effluent Disp. PERS City Clerk 369.00 28.06 48.98 13.27% 320.02 158.43 Effluent Disp. Medicare City Clerk 67.00 5.18 9.04 13.49% 57.96 29.91 Effluent Disp. Employee Benefi City Clerk 1,245.00 108.75 235.76 18.94% 1,009.24 633.39 Effluent Disp. Workers Comp. City Clerk 357.00 - - 0.00% 357.00 335.00 Effluent Disp. Gen. Supplies City Clerk 9.00 - - 0.00% 9.00 4.47 Effluent Disp. Muni Code Web City Clerk 300.00 - - 0.00% 300.00 - Effluent Disp. Water Utilities City Clerk - 2.99 2.99 0.00% (2.99) 9.33 105
Section 13, Item D.
CITY CLERK TOTAL 7,447.00 523.64 957.74 12.86% 6,489.26 3,361.49 Effluent Disp. Salaries City Manager 35,999.00 2,139.00 3,733.89 10.37% 32,265.11 3,634.40 Effluent Disp. Vacation Payout City Manager 1,385.00 - - 0.00% 1,385.00 - Effluent Disp. FICA City Manager 2,232.00 132.62 231.51 10.37% 2,000.49 225.33 Effluent Disp. SUI City Manager 48.00 - - 0.00% 48.00 - Effluent Disp. PERS City Manager 2,833.00 168.34 293.86 10.37% 2,539.14 - Effluent Disp. Medicare City Manager 522.00 31.02 54.15 10.37% 467.85 52.71 Effluent Disp. Employee Benefi City Manager 7,469.00 353.00 508.00 6.80% 6,961.00 - Effluent Disp. Workers Comp. City Manager 2,801.00 - - 0.00% 2,801.00 615.00 Effluent Disp. Gen. Supplies City Manager 74.00 14.22 14.22 19.22% 59.78 - Effluent Disp. Prof Services City Manager 3,600.00 245.00 245.00 6.81% 3,355.00 - Effluent Disp. Communications City Manager - 33.17 33.17 0.00% (33.17) 51.71 Effluent Disp. Travel,Conf,Trg City Manager 750.00 - - 0.00% 750.00 - Effluent Disp. Water Utilities City Manager 125.00 2.99 2.99 2.39% 122.01 9.33 Effluent Disp. PG&E Utilities City Manager 96.00 1.52 1.52 1.58% 94.48 1.57 Effluent Disp. CONTINGENCY City Manager 750.00 - - 0.00% 750.00 - CITY MANAGER TOTAL 58,684.00 3,120.88 5,118.31 8.72% 53,565.69 4,590.05 Effluent Disp. Salaries Finance 17,835.00 628.16 1,096.48 6.15% 16,738.52 1,655.19 Effluent Disp. Vacation Payout Finance 514.00 - - 0.00% 514.00 - Effluent Disp. FICA Finance 1,106.00 38.94 66.30 5.99% 1,039.70 102.62 Effluent Disp. SUI Finance 65.00 0.56 1.79 2.75% 63.21 - Effluent Disp. PERS Finance 1,052.00 49.44 84.17 8.00% 967.83 97.00 Effluent Disp. Medicare Finance 259.00 9.10 15.49 5.98% 243.51 24.00 Effluent Disp. Employee Benefi Finance 5,024.00 201.91 226.67 4.51% 4,797.33 708.08 Effluent Disp. Workers Comp. Finance 1,374.00 - - 0.00% 1,374.00 650.00 Effluent Disp. Gen. Supplies Finance 2,320.00 72.30 197.62 8.52% 2,122.38 183.52 Effluent Disp. Network Svcs Co Finance 1,059.00 67.81 67.81 6.40% 991.19 125.58 Effluent Disp. MOM online fees Finance 1,211.00 - - 0.00% 1,211.00 - Effluent Disp. Audit & Acctg Finance 4,086.00 11.00 11.00 0.27% 4,075.00 376.32 Effluent Disp. Prof Services Finance 2,421.00 - - 0.00% 2,421.00 - Effluent Disp. Contracts-Other Finance 323.00 - - 0.00% 323.00 - Effluent Disp. Travel,Conf,Trg Finance 151.00 - - 0.00% 151.00 - Effluent Disp. Water Utilities Finance 50.00 3.72 3.72 7.44% 46.28 10.77 Effluent Disp. PG&E Utilities Finance 40.00 49.21 49.21 123.03% (9.21) 40.39 Effluent Disp. O&M Equipment Finance 5,549.00 - - 0.00% 5,549.00 - Effluent Disp. PayChex & Bank Finance 1,463.00 16.38 47.18 3.22% 1,415.82 184.81 106
Section 13, Item D.
FINANCE TOTAL 45,902.00 1,148.53 1,867.44 4.07% 44,034.56 4,158.28 Effluent Disp. Salaries Effluent 84,503.00 6,737.68 (1,900.60) -2.25% 86,403.60 3,344.90 Effluent Disp. Overtime Effluent 10,000.00 364.17 32.57 0.33% 9,967.43 - Effluent Disp. Vacation Payout Effluent 3,164.00 - - 0.00% 3,164.00 - Effluent Disp. FICA Effluent 5,239.00 440.31 820.56 15.66% 4,418.44 540.02 Effluent Disp. SUI Effluent 202.00 - - 0.00% 202.00 -
Effluent Disp. PERS Effluent 10,806.00 1,046.67 1,891.94 17.51% 8,914.06 1,365.21 Effluent Disp. PERS Unfunded Effluent - - 17,833.00 0.00% (17,833.00) 4,973.94 Effluent Disp. Medicare Effluent 1,225.00 102.95 191.80 15.66% 1,033.20 126.29 Effluent Disp. Employee Benefi Effluent 26,767.00 2,740.04 3,310.60 12.37% 23,456.40 4,827.45 Effluent Disp. Workers Comp. Effluent 6,448.00 - - 0.00% 6,448.00 3,012.00 Effluent Disp. Gen. Supplies Effluent 600.00 - - 0.00% 600.00 (69.36) Effluent Disp. Fuel Effluent 19,000.00 - - 0.00% 19,000.00 - Effluent Disp. Supplies - Lab Effluent - 65.00 65.00 0.00% (65.00) - Effluent Disp. Flood Control Effluent 1,500.00 - - 0.00% 1,500.00 - Effluent Disp. Taxes/Fees/Lics Effluent 210,000.00 - - 0.00% 210,000.00 - Effluent Disp. Engineering Effluent 47,000.00 202.50 202.50 0.43% 46,797.50 - Effluent Disp. Membership/Dues Effluent 3,000.00 - - 0.00% 3,000.00 - Effluent Disp. PG&E Utilities Effluent - 0.38 0.38 0.00% (0.38) - Effluent Disp. Vehicle Maintna Effluent 5,200.00 - - 0.00% 5,200.00 - Effluent Disp. O&M Equipment Effluent 54,000.00 - - 0.00% 54,000.00 - Effluent Disp. O&M Blg/Structu Effluent 1,500.00 - - 0.00% 1,500.00 - Effluent Disp. Improvements Effluent 425,000.00 - - 0.00% 425,000.00 - Effluent Disp. Machinery & Effluent 25,000.00 - - 0.00% 25,000.00 - EFFLUENT TOTAL 940,154.00 11,699.70 22,447.75 2.39% 917,706.25 18,120.45 Effluent Disp. Employee Benefi Central Servies 1,170.00 - - 0.00% 1,170.00 - Effluent Disp. Gen. Supplies Central Servies 625.00 - - 0.00% 625.00 - Effluent Disp. Equipmt Maint. Central Servies 325.00 - - 0.00% 325.00 - Effluent Disp. Computer Hardwr Central Servies 375.00 - - 0.00% 375.00 - Effluent Disp. Network Svcs Co Central Servies 11,250.00 - - 0.00% 11,250.00 - Effluent Disp. Internet Servic Central Servies 3,625.00 - - 0.00% 3,625.00 - Effluent Disp. Communications Central Servies 2,188.00 - - 0.00% 2,188.00 - Effluent Disp. Risk Management Central Servies 108,831.00 98,385.50 98,385.50 90.40% 10,445.50 - Effluent Disp. Membership/Dues Central Servies 625.00 - - 0.00% 625.00 - Effluent Disp. O&M Equipment Central Servies 375.00 - - 0.00% 375.00 - 107
Section 13, Item D.
CENTRAL SERVICES TOTAL 129,389.00 98,385.50 98,385.50 76.04% 31,003.50 - Effluent Disp. Legal City Attorney 18,700.00 - - 0.00% 18,700.00 - EFFLUENT FUND TOTAL 1,200,276.00 115,136.41 129,034.90 10.75% 1,071,241.10 30,230.27 108
Section 13, Item D.
FUND Name ACCT Name ANNUAL BUDGET CURRENT ACTUAL YTD ACTUAL % TO BUDGET BALANCE AUG 2023 YTD General Fund Prop Tax - Secured (County) 700,400.00 29,950.96 29,950.96 4.28% 670,449.04 39,248.65 General Fund Property Tax in Lieu of MVLF 316,210.00 - - 0.00% 316,210.00 - General Fund Prop Tax - Curr Supple(County) 15,000.00 5,572.09 5,572.09 37.15% 9,427.91 6,763.48 General Fund Delinquent Supplemental 2,100.00 169.25 169.25 8.06% 1,930.75 111.28 General Fund Prop Tax - Unsecured (County) 12,000.00 1,008.24 1,008.24 8.40% 10,991.76 2,368.33 General Fund Unsecured Supplemental - 244.23 244.23 0.00% (244.23) 591.00 General Fund Delinqt Unsecured Supplemental - 25.40 25.40 0.00% (25.40) 20.26 General Fund Prop Tax - Unsecured Prior (Co - 427.13 427.13 0.00% (427.13) 253.48 General Fund Tax, Franchise - Aces Waste 66,500.00 11,914.51 11,914.51 17.92% 54,585.49 3,637.54 General Fund Tax, Franchise - Comcast 31,000.00 7,284.57 7,284.57 23.50% 23,715.43 7,685.51 General Fund Tax, Franchise - PG&E 56,000.00 - - 0.00% 56,000.00 - General Fund Tax, Transfer - Real Property 20,000.00 4,996.75 4,996.75 24.98% 15,003.25 6,179.26 General Fund Tax, Users - Utility - 68.17 68.17 0.00% (68.17) - General Fund Tax, TOT - Transient Lodge Tax 300,000.00 46,831.36 70,737.77 23.58% 229,262.23 67,398.28 General Fund Tax - Gen'l Retail Sales 472,262.00 57,598.11 96,542.57 20.44% 375,719.43 84,104.03 General Fund License - Business 60,000.00 2,713.00 9,277.00 15.46% 50,723.00 12,866.00 General Fund Permit - Encroachments 5,000.00 - - 0.00% 5,000.00 628.50 General Fund Permit - Banner 500.00 - - 0.00% 500.00 -
General Fund Permit - Garage Sale 50.00 5.00 10.00 20.00% 40.00 20.00 General Fund Permit / Licenses - Other 2,000.00 1,085.00 1,085.00 54.25% 915.00 285.00 General Fund Permit - Signs 1,000.00 - 250.00 25.00% 750.00 500.00 General Fund Sales Tax-Public Safety 16,000.00 - 1,073.74 6.71% 14,926.26 1,074.80 General Fund LEAP 57,110.00 - - 0.00% 57,110.00 -
General Fund State Cops Grant 228,800.00 - - 0.00% 228,800.00 - General Fund Hm Prop Tax Relief - Exemption 5,250.00 - - 0.00% 5,250.00 - General Fund FEMA 169,308.00 - - 0.00% 169,308.00 -
General Fund Zoning Application Fees 150.00 - - 0.00% 150.00 - General Fund Subdivision fees 5,500.00 - - 0.00% 5,500.00 - General Fund Fees - Variance & conditional 1,000.00 600.00 775.00 77.50% 225.00 1,019.17 General Fund Site Plans 48,000.00 8,202.25 13,577.25 28.29% 34,422.75 15,863.33 General Fund Building Permit Fees 100,000.00 5,048.95 13,469.41 13.47% 86,530.59 18,257.93 General Fund Plan Check Fees 42,000.00 2,865.65 9,657.09 22.99% 32,342.91 9,798.02 General Fund Fees-PD Services 350.00 - - 0.00% 350.00 86.15 General Fund Fees - Police Reports 800.00 45.00 60.00 7.50% 740.00 320.00 General Fund Concealed Weapon 600.00 - - 0.00% 600.00 - General Fund P.D. & Legal restitution 1,200.00 - - 0.00% 1,200.00 - 109
Section 13, Item E.
General Fund PD Fee Special Services - 100.00 300.00 0.00% (300.00) 4.76 General Fund Historical Grammer School Rev 18,000.00 1,607.50 2,575.00 14.31% 15,425.00 2,308.50 General Fund Cribbs Field/Snack Shack Rent 400.00 105.00 105.00 26.25% 295.00 240.00 General Fund Fees - Community Ctr Utilities 2,750.00 175.00 450.00 16.36% 2,300.00 450.00 General Fund Fees - Community Center 6,150.00 490.00 1,450.00 23.58% 4,700.00 1,930.00 General Fund Fees - Auditorium Use 7,500.00 1,275.00 1,275.00 17.00% 6,225.00 2,000.00 General Fund Lease Revenue-AT&T Wireless 35,000.00 6,195.93 9,095.93 25.99% 25,904.07 5,800.00 General Fund Fees- Auditorium Utilities 2,150.00 300.00 300.00 13.95% 1,850.00 600.00 General Fund Fees-Jazzercise Rental Income 10,350.00 900.00 2,115.00 20.43% 8,235.00 1,800.00 General Fund Fines - Vehicle Code 7,600.00 417.74 649.43 8.55% 6,950.57 1,853.11 General Fund Income - Interest Earnings 2,680.00 4.73 23,554.12 878.89% (20,874.12) (2,063.25) General Fund Income - Rents Other 3,900.00 - - 0.00% 3,900.00 - General Fund Income - Donations, Private So 300.00 - - 0.00% 300.00 - General Fund Swimming Pool Revenues - - 155.00 0.00% (155.00) 9,189.00 GENERAL FUND TOTAL 2,832,870.00 198,226.52 320,200.61 11.30% 2,512,669.39 303,192.12 Streets/Sidewal Permit - Banner - - 50.00 0.00% (50.00) - Streets/Sidewal Vehicle License Fee 3,265.00 - - 0.00% 3,265.00 - Streets/Sidewal Grants - County, local, misc 405,000.00 - - 0.00% 405,000.00 - Streets/Sidewal 2107 Highway User Tax 22,752.00 1,867.90 3,815.67 16.77% 18,936.33 3,626.45 Streets/Sidewal 2106 Highway User Tax 16,806.00 1,508.57 2,942.38 17.51% 13,863.62 2,774.22 Streets/Sidewal 2105 Highway User Tax 16,683.00 1,385.66 2,795.19 16.75% 13,887.81 2,656.62 Streets/Sidewal 2107-5 Highway User Tax 1,000.00 1,000.00 1,000.00 100.00% - 1,000.00 Streets/Sidewal 2103 Highway User Tax 24,934.00 2,502.36 4,518.65 18.12% 20,415.35 3,867.38 Streets/Sidewal Road Maintenance & Rehabilit 68,453.00 6,385.03 11,886.71 17.36% 56,566.29 - STREETS FUND TOTAL 558,893.00 14,649.52 27,008.60 4.83% 531,884.40 13,924.67 Cemetery Cemetery Revenues - 1,000.00 1,000.00 0.00% (1,000.00) - CEMETERY FUND TOTAL - 1,000.00 1,000.00 0.00% (1,000.00) - Sewer M&O Effluent Disposal 131,000.00 - - 0.00% 131,000.00 - Sewer M&O Fees - Sewer Service Undist 2,472,989.00 204,722.18 407,104.76 16.46% 2,065,884.24 265,941.46 Sewer M&O Septic Dumping Fee 50,000.00 4,574.92 8,336.11 16.67% 41,663.89 10,383.85 Sewer M&O Contract Sewer Rev AWA 266,341.00 26,398.00 52,796.00 19.82% 213,545.00 33,029.66 110
Section 13, Item E.
Sewer M&O Sewer Svc Chrges Amador City 54,715.00 5,407.00 10,814.00 19.76% 43,901.00 7,196.66 Sewer M&O Late Charges 40,000.00 5,045.11 7,586.29 18.97% 32,413.71 5,208.56 Sewer M&O Income - Interest Earnings 16,000.00 - - 0.00% 16,000.00 4,263.02 WASTEWATER ENTERPRISE FUND TOTAL 3,031,045.00 246,147.21 486,637.16 16.06% 2,544,407.84 326,023.21 M.V.Store Trust Income - Rents Other - 388.75 433.33 0.00% (433.33) - M.V.Store Trust Income - Donations, Private So - - 366.00 0.00% (366.00) - MONTEVERDE STORE FUND TOTAL - 388.75 799.33 0.00% (799.33) - FEMA FEMA 27,192.00 123,190.51 123,190.51 453.04% (95,998.51) - FEMA FUND TOTAL 27,192.00 123,190.51 123,190.51 453.04% (95,998.51) - Swimming Pool Swimming Pool Revenues - - 225.00 0.00% (225.00) 9,189.00 SWIMMING POOL FUND TOTAL - - 225.00 0.00% (225.00) 9,189.00 Effluent Disp. Effluent Disposal - 11,365.02 11,365.02 0.00% (11,365.02) 41,625.50 EFFLUENT FUND TOTAL - 11,365.02 11,365.02 0.00% (11,365.02) 41,625.50 Gen'l Oper Res FEMA - 97,897.84 97,897.84 0.00% (97,897.84) 243.72 OPERATING RESERVE FUND TOTAL - 97,897.84 97,897.84 0.00% (97,897.84) 243.72 111
Section 13, Item E.
BEG CASH CASH JOURNAL END
FUND BALANCE IN OUT ENTRY BALANCE
01 - General Fund 1,262,586 282,369 137,358 -592,672 814,925 03 - Streets and Sidewalks -111,527 27,026 500,688 -13,990 -599,179 04 - Crestview Light District 4,729 0 262 -389 4,078
07 - Cemetary Sell of Plots -14,284 1,000 78 0 -13,362
09 - HMGP Hazard Mitigation Grant Proj 1,230 0 0 0 1,230 10 - Sewer M&O 2,316,166 360,040 193,392 -124,609 2,358,205 11 - Sewer WCRF Hook up Fees 112,401 0 0 0 112,401
12 - Sewer Line Replacement 613,123 0 0 0 613,123
14 - Sewer Cap Reserves 993,073 0 0 0 993,073
15 - Sewer Debt Service -41,716 0 0 0 -41,716
17 - Monteverde Store 388 799 222 1 966
19 - Knights Foundary Restore 2,896 0 0 0 2,896
20 - FEMA -123,191 123,191 0 0 0
26 - COSC Community Facilities 963 0 0 0 963
28 - Public Safety/AB109, Grant 12,613 0 0 0 12,613
29 - Swimming Pool -112,917 225 1,976 -1 -114,669
30 - Trafffic Mitig - S. Crest Gopher Flat -77,710 0 0 0 -77,710 31 - Traffic Mitig - S.Hill/Mesa de Oro 82,169 0 0 0 82,169 32 - Traffic Mitig - Crestview -24,779 0 0 0 -24,779
33 - Traffic Mitig - Sutter Ione -38,262 0 0 0 -38,262
34 - Traffic Mitig - Highway 49 Bypass 61,306 0 0 0 61,306 35 - Traffic Mitig - General 242,419 0 0 0 242,419
36 - Traffic Mitig - County Regional 17,097 0 15,512 0 1,585 37 - Parking In Lieu 65,967 0 0 0 65,967
38 - Fire Mitigation 39,824 0 0 0 39,824
39 - General Reserve 704,752 0 0 0 704,752
42 - AB1600 181,110 0 0 -18,469 162,641
47 - Grant Projects non-CIP 55,245 0 0 0 55,245
50 - COPS Fast Program 2,674 0 0 0 2,674
55 - SC Bridge Replacement CalTrans -253,806 0 0 0 -253,806 57 - First Time Home Buyers Grant 187,796 0 0 0 187,796 59 - Auditorium & Community Center Rentals -90,146 17,389 7,314 0 -80,071 60 - Funding for Oak Bypass Mitigation 89 0 0 0 89
73 - Park Impact Fee 110,880 0 0 0 110,880
80 - Effluent Disposal -694,964 26,485 7,733 -139,983 -816,195 81 - Visitor Center and Store -23,408 0 0 0 -23,408
86 - General Savings Reserve 72,838 0 0 0 72,838
87 - Refuse 3,389 0 0 0 3,389
88 - City Council Discretionary 20,781 0 0 0 20,781
89 - Capital Improvement Projects 83,682 0 0 0 83,682
91 - Road Capital Improvements -483,639 0 0 0 -483,639
92 - Pension & Ins Reserve 137,828 0 0 0 137,828
93 - Vehicle Cap Reserve 17,364 0 0 0 17,364
94 - Vacation Cash Out and Accruals 50,797 0 0 0 50,797 95 - General Operations Reserve 103,750 97,898 0 0 201,648 96 - General Capital Reserves 50,201 0 0 0 50,201
TOTAL 5,521,777 936,422 864,535 -890,112 4,703,552
CITY OF SUTTER CREEK
CASH FLOW REPORT
PERIOD ENDING AUGUST 2024
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City of Sutter Creek
City Treasurer's Report
Receipts & Disbursements Report
City's Checking Account
Receipts
Deposits $ 679,056
Reversal of Bank Charges -
Total $ 679,056
Disbursements
Accounts Payable $ 656,698
Payroll & Benefits 112,910
Bank Charges 5
Total $ 769,613
Net Amount of Investment Transfers $ -
Recap of City Treasury
Investments on Hand August 31, 2024
Rate of
Return
Bank of Marin Checking $ 836,134 0.01%
Bank of Marin Money Market $ 11,702 0.76%
Bank of Marin Money Market #2 $ 1,917,076 1.77%
* California State Treasurer's LAIF $ 1,677,130 4.55%
Total $ 4,442,042
Total this month last year $ 5,843,123
* LAIF 1 $ 61,667
LAIF 2 $ 1,615,463
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 9/6/2024 August 2024
Market or
Withdrawal
Value
171
Section 13, Item H.
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: TOM DUBOIS, CITY MANAGER
MEETING DATE: SEPTEMBER 16, 2024
FROM: KAREN DARROW, ADMINISTRATIVE SERVICES SUPERVISOR
SUBJECT: ADMINISTRATIVE SERVICES AUGUST 2024 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 August 2024.
DISCUSSION:
Human Resources:
PACE JPA Quarterly Board Meeting-
New benefit premium review
Risk Management
Oversight of two ongoing liability claims
Closeout of one workers comp claim
LAWCX Surveys Training
City Clerk
8-Public Record Request, 12-Citizen Inquiries responses and 3-Public Hearing process
Agenda preparation, minutes and follow-up for: 3-City Council and 1-ARSA meetings. 2 Map and 1 NOC recordings.
Sales Tax ballot Measure (P) process and filing and Notice of Election Cemetery plot consultation, sale and deed preparation for two plots. ARSA monthly monitoring report submission to Regional Board Regular update and reviewing of content for the City of Sutter Creek website and social media. Monteverde Walking Tour launch and advertisement
172
Section 13, Item I.
Staff Report
To: Tom DuBois, City Manager
Meeting Date: September 16, 2024
From: Matt Ospital, PE City Engineer
Subject: Project Status Update
Type: Project Status Memo
Tom, the following is a status update of all projects WGA is currently working on:
1. Building Inspections/Plan Check – Continuing building inspections on Tuesdays and Thursdays or as needed. Building plan check is being performed on a continual basis as plans are submitted. For August 2024:
5 Plan checks were completed
20 Inspections were completed
2. Encroachment Permit Review – Encroachment permits are reviewed as needed when requested by the City’s Account Clerk, Holly Boehme. For August 2024:
1 Permit reviews were completed
0 Inspections were completed
3. Oro Madre Way Overlay Project – Field work is completed. City is working with Contractor on final paperwork to close out project. Anticipate project coming to Council next month for final acceptance.
4. Eureka Road Overlay Project – Council has accepted the project. Final payment to Contractor will be made this month.
5. Capital Improvement Plan – Preliminary cost estimates and exhibits have been completed. Met with Public Works Director to discuss incorporating additional drainage improvements and finalizing draft capital improvement plan.
6. 330 Gopher Flat Road Drainage Repair – City has a signed proposal with Contractor and have requested a schedule for the work. A new storm drain easement will be prepared after construction is completed. 173
Section 13, Item J.
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: TOM DUBOIS, CITY MANAGER
MEETING DATE: SEPTEMBER 16, 2024
FROM: ERIN VENTURA, CITY PLANNER
SUBJECT: MONTHLY PLANNING REPORT
Sutter Creek Projects as 9/9/24:
City Projects
Housing Element Update- We met with HCD and have more guidance on the changes needed.
The Planning Directors of Amador County met for the second time. This is a requirement of the Housing Element. We discussed ADUs and the Model Water Efficiency Landscape Ordinance.
LEAP
The City is revising the LEAP Grant application to take advantage of additional funds available.
We will be working with a consultant to compete a Nexus Study.
Applicant Projects
Broad Meadows Estates
The application went to the Planning Commission on 6/10/24 and was continued to the 7/8/24 meeting. At the 7/8/24 PC meeting the application was denied and an appeal was filed. The appeal will be heard on 8/26 at a Special meeting of the CC. At the 8/26/24 meeting the appeal was denied.
Two separate Site Plan applications for RV storage lots are under review Site Plan application for a new SFR under review
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Section 13, Item K.