CITY OF  CITY OF JACKSON City Council Meeting Minutes May 11,2020  JACKSON CALIFORNIA Mayor and Council Members Robert Stimpson, Mayor Connie Gonsalves, Vice Mayor - via telecon Wayne Garibaldi, Council Member Marilyn Lewis, Council Member - via telecon Keith Sweet, Council Member ABSENT: None  John Georgette, City Clerk StaffMembers: Josh Nelson, City Attorney Yvonne Kimball, City Manager Max Godde, Public Works Superintendent Debbie Mackey, Fire Chief Chris Mynderup, Police Chief Patti Ungaro, Administrative Assistant  Mayor Stimpson called the meeting to order at 7:01 p.m. PLEDGE OF ALLEGIANCE TO' THE FLAG. Mayor Stimpson led the Pledge of Allegiance. 1. APPROVAL OF AGENDA.  Motion to approve the City Council Agenda dated May 11, 2020 as presented. Moved by Councilmember Sweet, seconded by Vice Mayor Gonsalves, and carried by a 5 to Oroll call  vote:  AYES: Stimpson, Gonsalves, Garibaldi, Lewis, Sweet  NOES: None ABSENT: None ABSTAIN: None  2. PUBLIC MATTERS NOT ONTHE AGENDA.  Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note - there is a three (3) minute limit.  Thornton Consolo, Jackson resident, shared a social media posting that upset him regarding a case out of Fresno where al Police Officer was thrashed for doing his job. Where here in Jackson, you don'ts see anyone taking precautions. He would at least expect the respect of others in crowds to comply with at least ai mask. He is very disappointed with people from this area jumping on FB bashing law enforcement, even a city councilmember from Ione. We need to inform our citizens oft the City, and County, as to the procedures to expect when we get to Phase 2. What will be expected of the people? His heart goes out to our 1st responders getting blamed for this    City Council Meeting Minutes - May 11, 2020  Page 2  and the DA will be dealing with citations. He supports the Council on social media as. he feels Mary Pulskamp, Rosebud's Café, explained her status at the restaurant here in. Jackson. For the last 2 months, she's been operating food on a To-Go basis, laid off1 15 employees and seeing the repercussions ofl losing 90% income. She is asking the City to adjust her $600 monthly Sewer  everyone is doing a great job.  bill by at least 90%.  3. CONSENTCALENDAE  Items listed on the consent calendar are considered routine and may be enacted by one motion. Any  item may be removed for discussion at the request ofa Council Member.  Approval of the April 27, 2020 Meeting Minutes. Approval of Expenditure Report in the amount of $223,121.43. Approval of Payroll Expenditure Report in the amount of $286,763.18. Building Department Monthly Report for April 2020. Receive Jackson Fire Department Monthly Report for April 2020. Receive Jackson Police Department Monthly Report for April 2020. Repair for Devices on domestic water and fire services.  Possible acceptance of All Pro. Backflow, Inc.'s] proposal for the City's Backflow Testing and  Motion to approve the Consent Calendar dated. May 11, 2020 as presented. Moved by Council Member Lewis, seconded by Vice Mayor Gonsalves and carried by a. 5to Or roll call vote:  AYES: Stimpson, Gonsalves, Garibaldi, Lewis, Sweet  NOES: None ABSENT: None  ABSTAIN: Sweet, Check#12125 only  4. ADMINISTRATIVE REPORTS.  This section is to provide staff an opportunity to present oral status reports on issues. No legal action is  expected to be taken by the Council. Public Works Superintendent, Max Godde  Due to lack ofmanpower, PW: has been performing spot weed abatement instead ofnormal spraying. Only upon a call request, PW will take care ofit and cut the weeds. PW restored the rock slope in the creek at the Village Glen subdivision.  PWi isl keeping up the maintenance at the City pool. PWi is continuing the sidewalk maintenance program. drained to inspect the interior which is done every 5 years.  The high school sewer lift station renovation and just took the Scottsville reservoir offline,    City Council Meeting Minutes - May 11,2020  Page 3  PW has been working with the Adams Ashby group tol help with CDBG funds for private sewer  line repairs throughout Jackson. Police Chief, Chris Mynderup  Compared stats from April 2019 and April 2020; JPD had a 9% increase in total number of incidents, 8% drop in calls for service, 17% increase in Officer Initiated Incidents, 59% increase in Security Tests, 50% drop in total arrests, 50% drop in' Traffic Collisions, 57% increase in JPD participated in the Argonaut High School Drive-by celebration ofits top academic seniors.  Domestic Incidents, 400% increase in Coroner's cases  Reserve Officer Mark Harmon donated his time and was able to participate.  Fire Chief, Debbie Mackey  April Report reflects a decrease in calls VS. last year at this time. People not wanting to go to the JFD participated in the Argonaut High School Rally for the top 10 students, al lot oft tears and Wednesday night online trainings, doing virtually as it is challenging with the 6 ft. distancing New volunteer training starting recruiting academy on Saturdays 830a-430p, temperatures are taken and if there are any temperature changes or ifai family member has a fever or is sick, they With fire season coming, we do need to have many people on board as we traditionally lose some people to CalFire, therefore we need to get more people on board to get our staffing  hospital, CPR & fatalities are up.  emotions. with all the volunteers. are asked not to attend. numbers up.  5. COUNCIL REPORTS.  This section is toj provide Council members an opportunity to present reports on their activities and to Council member Sweet had nothing to report other than receiving and fielding emails and phone calls  request item be placed on future agendas.  from concerned citizens.  Council member Lewis = nothing to report. Council member Garibaldi - nothing to report.  Vice Mayor Gonsalves nothing to report other than reporting we have a loto ofconcerned citizens, as  she too is getting calls/emails.  Mayor Stimpson - nothing to report and stated he also is getting a lot of calls.    City Council Meeting Minutes - May 11,2020  Page 4  6. DISCUSSION CALENDAR.  For the record: Action minutes provide the necessary documentation of City Council actions and audio recordings are retained for those desiring more detail on particular agenda item discussion. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen a. Reopening plan and county wide effort. (update by Mayor Stimpson) (Attachments: Planning Principals for Reopening Amador; Guidance for Businesses Operating during the Mayor Stimpson stated he attended a couple meetings with the task force that was formed with Dr. Rita Kerr, Supervisor Crew, and Mayors from other cities to come up with guidelines that Dr. Kerr has produced. These guidelines will be implemented in the beginning stage of opening. Mayor Stimpson read parts ofaj press release from Sunday from Dr. Kerr with the guidelines for re-opening. Mayor Stimpson opened for Council comments and discussed Dr. Kerr's press release versus the State Attestation that solves 85% of the issues we have out there with a few Stage 3 businesses that remain a problem and will be addressed going forward. VM Gonsalves agrees with Council these businesses have been closed long enough and need to re-open for financial reasons and stated it's up to the patron. The businesses have guidelines and measures to follow as far as distancing and cleanliness. We can'tt tell the businesses they cannot open. Mayor Stimpson added that the only option the businesses have been given is to stay closed and he does not agree with that. Those are the only deaths in our community, our county, are our businesses and does not find it fair. VM Gonsalves responded it is all being monitored  discussion.  COVID-19 Pandemic).  and ift there is a spike in our community, then we will pull back.  Mayor Stimpson opened for Public Comment.  Supervisor Crew stated the City has hit it on point but also had aj point of clarification that the. Amador County Board of Supervisors sent a letter to the Governor asking for local control due to the low incidents and no deaths. Several other counties have done the same. In addition, the Governor has not answered the letter but he did come up with this plan and attestation that we could speed up Phase 2. With aj phone call with Dr. Kerr over the weekend, we are ready to go. We did: not get local control, all we got was the okay by the Governor to do his plan and that is al big difference for point of clarification. Supervisor Crew reiterated VM Gonsalves statement, if there is ai flare up, we will go backwards. It's not go to Phase 2 and see you later. He has faith in our people, our restaurants, Dr. Kerr and everybody. VM Gonsalves added she also has faith in the business owners as this is their livelihood and they will do what they can to make this work for them. She is more concerned about the patrons that don'thave any concern and that's where It think we will see the flare up from. It will be up to the business owners to Int the meetings Mayor Stimpson attended last week, the subject was brought up that if we open up that we'll be attracting people from out oft the area. Council and Supervisor Crew stated they're already here and they" ve been here since this all started hitting our grocery stores, Lowe's 's, and Walmart. Mayor  enforce their guidelines and their own establishments.    City Council Meeting Minutes - May 11,2020  Page 5  Stimpson said ifour shop owners feel uncomfortable and feel at risk of getting sick, they can ask for ID to see ifthese are local people coming into their shops, this would be an option for them. Signing a  guest book was suggested, it could be used for tracing as well. Mayor Stimpson opened for Public Comment.  Debby Collins, Jackson resident, stated she's all for things opening up and anyone can sue for any reason at any time, but legally what kind of problems could the City have ifs somebody gets sick and starts blaming? City Attorney Nelson stated the City has not taken any action on this one way or another, this is a State decision with County involvement and not a City decision. From his perspective, this is a discussion and there's no additional liability for the City regardless ofthel how the County moves forward. The only 2 actions the City has taken was to suspend utility shut-offs and the eviction moratorium which was superseded by the Governor and that we declared a local emergency. Jack Georgette, Jackson resident, questioned the cost oft the temperature monitors and why we don't have them at the restaurants as without these he doesn'tcare to patronage any restaurant. He would go to any restaurant in. Jackson if they had one, would increase business. Council stated they were: not sure CM Garibaldi added directly in response tol Mary's statement, he would be supportive of the City looking at the sewer/water bills from the businesses like the restaurants or laundromats where their flat charge is significant when their business fell, but not quite as much as the 90% as Ms. Pulskamp requested. Understands there has been casual discussion amongst the City about a Grant Program similar to what Sutter Creek was doing for a future agenda item. He is much more supportive of something like this that we can tie to the businesses that the City is impacting and recommend we put on ai future agenda. He is much more comfortable helping our businesses int terms of reduction oft those paying al large fee than a grant program. VM Gonsalves added she would go along with this concept but wants to make sure that the businesses we would be assisting would be doing what they are supposed to be doing and making sure they are following the guidelines before any monies go to them. CM Kimball stated she understands CM Garibaldi and the question that is for staff to consider to reduce sewer/water fees, her question is that the staff was told that these utility fees are rate supported and would need to go back to the Rate Study. She recalls discussing a grant with the last rate study consultant forj people who have financial challenges and the response was to look into the General Fund tos support sewer/water. CM Kimball asked City Attorney Nelson ifwe reduced the rates would there be any allowances ori ifwe needed to use the General Fund. CA Nelson answered that CM Kimball was correct and ifCouncil was interested in exploring a discount program it would have tol be funded  ofthe costs, maybe $50 or so, but would call Dr. Kerr about it.  through General Funds and cannot be funded through Sewer/Water.  VM Gonsalves questioned if we did a Grant Program ifit could be funded through the TOT. CA Nelson answered it could and pending the recipients and how it was structured. The TOTI historically has been used for certain functions but there are not legal restrictions on those funds ift the Council isi interested in broadening the use. She is suggesting a Grant Program to offset the water/sewer for the individual  business owners and discuss as a committee and bring back to Council.    City Council Meeting Minutes - May 11,2020  Page 6  Mayor Stimpson asked for further Public Comment, after hearing none CA Nelson confirmed there was  no motion required, item was for discussion only.  b. Enforcement of COVID-19 Related State and County Orders.  City Manager Kimball introduced the item. She said the state and county both adopted various sty-at-home-orders and non-essential businesses are ordered to close. The city has taken an education and voluntary compliance approach to enforce those orders. The city has had no problem ofobtaining voluntary compliance until recently when Amador County began to plan reopening through stages. She said City staffis is unclear ofl how fari the enforcement actions should go. She outlined three options: misdemeanor criminal citation; city imposes its own' "stay-at-home" order; or Mayor Stimpson opened the discussion to Council. He said he is not for a separate city order to stop the businesses from opening. CMLewis said she agreed and said it should be up to the businesses whether they are ready to open. VM Gonsalves said she agreed also except that she received many calls from upset residents about a gym being open. CM Sweet said he received many angry calls also. He also visited the gym that folks were calling him about. He believed the gym should not be open because gyms are in the Stage 3 oft the Governor's reopening roadmap. CM Sweet said he DA Riebe said hel has been in contact with all DAs in Northern California and no DAis recommending the criminal route for enforcement of the orders. But gyms are in violation oft the orders ift they are open now. He suggests the city looking into suspension oft the business license. CM Garibaldi said that he can'ti imagine how a gym can effectively keep the required social distancing and other precautionary measures. He said the city staff does not have the knowledge to judge whether an establishment is implementing the right type oft measures. He said the County Health Officer's office should bei involved in enforcement. He asked the City Attorney to explain City Attorney Nelson said that the city staff can write warning letters and ifthe violation continues, the city business would be operating unlawfully. Then city can suspend or revoke the business The Council and staff also discussed the prospects ofi imposing a fine. ChiefMynderup also told Council about his visit to the gym last week and what hel had observed. He added that he would be Public Comments: Thornton Consolo said not doing anything against the gym's opening is a Mayor brought the discussion back to Council for motion and vote. CM Sweet said staff should respond to violations without council enacting a new ordinance. CM Sweet made the following  suspension oft business license.  invited the District Attorney Todd Riebe to the meeting.  how suspending the business license would work.  license.  glad to work with the County Health Dept. on enforcement.  slippery slope.  motion:    City Council Meeting Minutes - May 11, 2020  Page 7  Motion to direct staff to send a warning letter first, then involve the county health department to monitor the compliance, and send afollow-up letter indicating business license suspension ifno voluntary compliance. Moved by Council member. Sweet, seconded  by Council Member Garibaldi and failed by a 2t0 3 roll call vote.  AYES: Garibaldi, Sweet NOES: Stimpson, Gonsalves, Lewis ABSENT: None ABSTAIN: None  Additional discussion ensued. The City Attorney clarified the direction: staff responded to violations by sending the first warning letter; the second letter indicating the prospect oft business license suspension should the violation continue; and a third letter stating license suspension action. City staff will Motion for. Staff to investigate all complained about violations of the County and. State Shelter In Place health orders andj follow a progressive warning system in doing sO to include an initial warning. followed by one (1) week check in to see ifcompliance is achieved, ifnot, an official warning letter will be issued with afollow-up in one (1) week. At the end of the one (1) week follow-up and compliance still has not been achieved then a 2nd warning letter which would threaten or imply that continued violation will be subject to suspension or revocation of business license. Ifafter another one (1) weekj follow-up and there still is no compliance, staff will be empowered: to move forward with suspending or revoking a business license under the provision ofthe municipal code dated May 11, 2020 as presented. Moved by Councilmember Garibaldi, seconded. by Councilmember Sweet, and  endeavor to involve the County Health Officer.  carried by a 4tolroll call vote:  AYES: Stimpson, Gonsalves, Garibaldi, Sweet  NOES: Lewis ABSENT: None ABSTAIN: None revenue shortfall.  Budget review and directions on modification of expenditures as a result of projected City Manager explained that the City is experiencing revenue losses due to the COVID responses. Departments have taken some measures to offset the negative impact. At this point, she predicts a deficit ofs $393,000 by June 30, 2020. She gave a few examples ofthe cost-saving measures. She also pointed out that she has met the finance sub-committee which is comprised ofl Mayor and CM Mayor asked the council for questions. VM Gonsalves asked the City Manager to explain "freezing benefits". Manager Kimball said the members of public bodies received benefits and given the cost involved, the Committee has recommended to freeze future cost to the current level. There was more discussion on this. Council by consensus agreed to eliminate council and planning  Garibaldi.  Commission monthly stipends effective May until further notice.    City Council Meeting Minutes - May 11,2020  Page 8  CM Sweet commented that the Pool Director Martha Quin was ok to close the swimming pool for the entire season. CM Garibaldi added that he agreed because it's impractical to hire the lifeguards only half of the season. By consensus, Council directed to close thej pool for the entire season. CM Sweet asked for the exact figures of each cost-saving measures. Kimball responded: pool closure: $18,000; stipend elimination: $4,000; early retirement oft the PW Superintendent and not filling the position saves $80,000 a year. One 8-hour furlough day for the City Manager saves $550 ai month, $500 for the Police Chief, $380 a month for the PW Superintendent and the Fire Chief. She added that the pool Director and the Business Promotion Consultant are not getting paid for May and. June. Also, the WWTP CPO offered to take aj pay cut. Kimball clarified that she needs to reach out to labor groups in order to require represented employees to take furlough days. Council indicated that they will discuss this more during the closed session.  No public comments.  7. REGULAR MEETING ADJOURNMENT. Mayor Stimpson adjourned the meeting at 9:19 p.m.  8. CLOSED SESSION.  CONFERENCE WITH LABOR NEGOTIATORS Agency designated representatives: Yvonne Kimball; Josh Nelson Employee organizations: All Units.  9. CLOSED SESSION ADJOURNMENT.  Mayor Stimpson adjourned the meeting at 10:30 p.m.  ATTEST:  05/27/090 Date Approved  *