City Council Meeting Minutes
Monday, August 17, 2026 at 6:00 PM
33 Church Street, Sutter Creek, CA 95685
The Agenda can be found on the City’s Website: www.cityofsuttercreek.org
1. Call to Order and Establish a Quorum for the Regular Meeting Mayor Gunselman called the meeting to order at 6:00 p.m.
Present: Mayor Claire Gunselman, Vice Mayor Julia Sierk, Councilmember Susan Feist, and Councilmember Dan Riordan
Recused: Councilmember James Swift
Staff: Tom DuBois, City Manager; Derek Cole, City Attorney; Erin Ventura, Contract City Planner; Jim O'Connell, Police Chief; and Mason Peters, Finance Supervisor
2. Pledge of Allegiance to the Flag
The Pledge of Allegiance was recited.
3. Public Forum
There was no public comment on items not listed on the agenda.
4. City Manager's Report
There was no City Manager's report.
5. Presentations
None.
6. Approval of Minutes
A. City Council Minutes of August 3, 2026
The City Council minutes of August 3, 2026, were included in the supplemental packet.
Motion: Councilmember Riordan moved to approve the August 3, 2026, City Council meeting minutes, seconded by Vice Mayor Sierk.
AYES: Gunselman, Sierk, Feist, Riordan
NOES: None
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (4-0-1)
7. Consent Agenda
None.
Councilmember Disclosures Regarding Item 8
The City Attorney addressed Councilmember Swift’s disqualification from the cannabis dispensary matter due to a conflict of interest.
Vice Mayor Sierk disclosed that she spoke with Teresa Ryan and Brian Connes and visited the Embarc location in Sacramento.
Councilmember Riordan disclosed that he visited the proposed Embarc location in Sutter Creek with the Police Chief.
Councilmember Feist disclosed that she spoke with Josh Lewis, an Embarc representative, regarding finances and product dosage levels.
Staff presented the report and recommendations regarding the proposed Development Agreement, Zoning Ordinance Amendments, Site Plan Permit, Sign Permit, Conditional Use Permit, operational plan, safety plan, proposed conditions of approval, and CEQA determinations. The City Attorney addressed legal issues raised regarding the proposal.
Mayor Gunselman recessed the meeting at 7:08 p.m.
The meeting reconvened at 7:15 p.m.
8. Ordinances and Public Hearing
A. Sutter Creek Responsible and Compliant Retail LLC dba Embarc Consideration of a Zoning Ordinance Amendment, Development Agreement, Site Plan Permit, Sign Permit, and Conditional Use Permit for 11 Ridge Road (APN 044-020-063).
Applicant Josh Lewis, representing Embarc, presented the item.
Appellant Stacey Tyler speaking on behalf of Teresa Ryan opposed to the proposed cannabis dispensary in Sutter Creek, presented the appeal and stated that a traffic study and additional analysis were needed.
The following individuals spoke during the public hearing. Their positions are listed as stated during their comments:
Jason Molenelly, Jackson Legal Corporation - Opposed to the proposed approval process Tom Calmese - Opposed to the proposed approval process
Jared Kirchfield, Superintendent, Amador County Unified School District - Opposed Zach Drivon, attorney representing Tom Calmese - Opposed to the proposed single-operator structure
Robert Allen - In favor
Glen Spitzer, Amador County General Services Director - Opposed Lisa Klokosky, local resident - Opposed
Steven Price - Opposed
Christy Melton, high school teacher - Opposed
Suzanne Hauck - Opposed
Ron Hauck - Opposed
Byron Damiani - In favor
Scott Allen - In favor
Susan Ross - In favor
Mayla Burgess - Opposed
Sandy Anderson - Opposed
Court Strandberg - In favor
Amber Gardner - In favor
Cindy Hutchins - Opposed
Martin Ryan, former Sheriff - Opposed
Josh Niddle, neighboring business owner - Neutral
Kaitlyn Casey, Chief Assistant District Attorney - Opposed Diane Nelson - Opposed
Tyler Burgess - Neutral
Dr. Mark Fren, retired physician - Opposed
Christina Hodge - Opposed
Matthew Davis, reading on behalf of Lance Outland, retired schoolteacher - In favor Laditone, spouse of Councilmember Riordan - In favor
Elbar Sutter Creek - Opposed
Al Beer - Opposed
Eddie Oneto - Opposed
Linda Rianda - Opposed
Sherri Curtis - Opposed
Logan Carnell - Opposed
Tyde Plescamp - Neutral
Appellant Stacey Tyler speaking on behalf of Teresa Ryan presented a rebuttal on behalf of residents opposed to the proposed dispensary.
Applicant Lauren Carpenter, Chief Executive Officer of Embarc, presented a rebuttal.
Motion: Councilmember Riordan moved to close the public hearing, seconded by Vice Mayor Sierk.
AYES: Gunselman, Sierk, Feist, Riordan
NOES: None
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (4-0-1)
The meeting recessed at 9:25 p.m.
The meeting reconvened at 9:35 p.m.
Council Questions and Deliberations
Councilmembers discussed public safety, traffic, youth access, security, financing, projected City revenue, community benefit funding, medical use, the Conditional Use Permit findings, product potency, police staffing, and information obtained from other jurisdictions. Staff and the applicant responded to Council questions. Vice Mayor Sierk stated her opposition to the proposal.
CEQA Determination - Ordinances and Development Agreement Motion: Councilmember Riordan moved to find that the proposed ordinances approving a Development Agreement and amending Titles 10 and 18 of the Sutter Creek Municipal Code are categorically exempt from CEQA pursuant to Section 15301, Class 1, Existing Facilities, and Section 15061(b)(3), the Common Sense Exemption, and to direct staff to file a Notice of Exemption following City Council action on the zoning ordinances and Development Agreement, seconded by Councilmember Feist.
AYES: Gunselman, Feist, Riordan
NOES: Sierk
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (3-1-1)
Title 18 Ordinance Amendment
Motion: Councilmember Riordan moved to introduce and waive the first reading of an ordinance amending Sections 18.60.020, 18.60.030, and 18.60.040 of the Sutter Creek Municipal Code to authorize one retail storefront cannabis dispensary as a conditional use in any zoning district, subject to execution of a Development Agreement, seconded by Councilmember Feist.
AYES: Gunselman, Feist, Riordan
NOES: Sierk
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (3-1-1)
Title 10 Ordinance Amendment
Motion: Councilmember Riordan moved to introduce and waive the first reading of an ordinance amending Sections 10.42.050 and 10.42.060 of the Sutter Creek Municipal Code to authorize a commercial cannabis land use when approved by a Conditional Use Permit, seconded by Councilmember Feist.
AYES: Gunselman, Feist, Riordan
NOES: Sierk
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (3-1-1)
Development Agreement Ordinance
Motion: Councilmember Riordan moved to introduce and waive the first reading of an ordinance approving the Development Agreement with Sutter Creek Responsible and Compliant Retail LLC dba Embarc, subject to striking Section 8.11 concerning the $25,000 payment for City cameras from the Development Agreement, seconded by Councilmember Feist.
AYES: Gunselman, Feist, Riordan
NOES: Sierk
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (3-1-1)
Appeal and Approval of Land Use Permits
Motion: Councilmember Riordan moved to adopt a resolution approving, with conditions, a Site Plan Permit, Conditional Use Permit, and Sign Permit for Sutter Creek Responsible and Compliant Retail LLC dba Embarc at 11 Ridge Road for one retail and delivery cannabis business; requiring the sign to comply fully with the City's sign ordinance rather than use the existing 38.5-square-foot nonconforming sign; and returning the sign to the Planning Commission for review, seconded by Councilmember Feist.
AYES: Gunselman, Feist, Riordan
NOES: Sierk
ABSTAIN: None
RECUSED: Swift
MOTION CARRIED (3-1-1)
9. Administrative Agenda
None.
10. Mayor and Councilmember Reports
None.
12. Information and Correspondence
A. City Clerk Monthly Report - July 2026
B. Engineering Monthly Report - July 2026
C. Finance Monthly Report - July 2026
D. Marketing Monthly Report - July 2026
E. Police Monthly Report - July 2026
F. Public Works Monthly Report - July 2026
G. Planning Monthly Report - July 2026
15. Adjournment
The City Council meeting was adjourned at 11:51 p.m.
______________________________________________________
Alejandra Zambrano, Interim City Clerk