CITY OF JACKSON City Council Meeting Minutes July 1,2022 JACKSON CALIFORNIA Mayorand Council Members Robert Stimpson, Mayor Max Godde, Council Member Steve McLean, Council Member Chad Simmons, Council Member Connie Gonsalves, Vice Mayor John Georgette, City Clerk Staff Members: Josh Nelson, City Attorney Yvonne Kimball, City Manager Bree Wilder, Public Works Superintendent Dale Fishback, Interim Fire Chief Chris Mynderup, Police Chief ABSENT: Mayor Stimpson called the meeting to order at 3:06 p.m. PLEDGE OF ALLEGIANCE TO' THE FLAG. Mayor Stimpson led the Pledge of Allegiance. 1. APPROVAL OF AGENDA. City Attorney, Josh Nelson, stated that we should start the whole meeting (that was started on Motion to approve the City Council. Agenda dated. July 1, 2022, as presented. Moved by Councilmember Simmons, seconded. by Councilmember McClean, and carried by a 41 to Oroll 6/27/2022, but had technical difficulties) over again. call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: ABSTAIN: None 2. REMOTE MEETING FINDINGS. Gonsalves Motion to approve the Remote Findings dated July 1, 2022, as presented. Moved by Councilmember Simmons, and seconded by Councilmember Godde and carried by a 4t0 Oroll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None Council Meeting Minutes- - July 1,2022. Page 2 3. PUBLIC MATTERS NOT ON THE 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 ai three (3) minute limit. Hearing none, seeing none. 4. CONSENT CALENDAR.. To ratify prior actions made at the June 27,2022 meeting. City Attorney, Josh Nelson, stated that we should do this over, even though we had done at the last meeting, just in an abundance of caution, to ratify the actions made at the June 27,2022, Motion to ratify our vote on the consent calendar from previous meeting on June 27, 2022. Moved by Councilmember McLean, and seconded by Council member Godde, and carried by a meeting. 4t0 Oroll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: ABSTAIN: Gonsalves None 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. a. Approval of the May 9 & 23, 2022 Meeting Minutes. b. Approval of Expenditure Reports in the amount of $466,757.98. . Approval of] Payroll Expenditure Report in the amount of $308,815.26 d. Receive Jackson Fire Department Monthly Report for May 2022. Receive Jackson Police Department Monthly Report for May 2022. . Building Department Monthly Report for May 2022. h. Resolution No. 2022-09 SB1 project list. g. Approve Special Event Permit for. Jackson Lions Club 3rd ofJuly Fireworks Show. Resolution No. 2022-10 FY 2021/22 Civic Center Roof Improvement. J. City Hall temporary hours: from June to mid October: public access 9:00 am to 4:00 pm due to relocation and staffing transition. Telephone remains open from 8:30 am to k. Resolution No. 2022-11 FY Rectify On-Call Building Official Services Agreement. Authorization oft the Finance/HR Manager position title and pay scale. m. Authorization for purchase of a new utility pick-up vehicle for the Fire Department and amend the FY21/22 budget accordingly (funding impact assigned Fund Balance for fire n. FY22/23 Measure E/TOT Grant Program allocation authorization (authorize $30,000 for 5:00 pm. vehicles). the FY 22/23 cycle). 0. Resolution No. 2022-12 Amador County to conduct election. 5. ADMINISTRATIVE REPORTS. Council Meeting Minutes- -J July 1,2022. Page 3 This section is to provide staff an opportunity to present oral status reports on issues. No legal action ise expected to be taken by the Council. Interim Fire Chief, Dale Fishback Wel have completed our firefighter recruit academy for the spring of 2022. We had four candidates complete the academy. Two oft the four are joining and the other two are uncertain ifthey want to continue in the fire serviced. This was the first time wel have run this type of academy and it was a learning experience. With this experience we hope to build Thej prescribed burn schedule for 6/25 on the Oro De Amador property was canceled due to high temperatures, low humidity and a non plan in in late fall when the fuel is more: receptive toad compete burn and the conditions are more likely tol keep the bun within the containment. Iwould like to clarify some of the confusion on the. Jackson Lions club's planned July 3rd fireworks event. There was a lack of communication between the lions and Fireworks America. The Lions Club had planned on having on field seating and events, but this was apparently not conveyed to Fireworks America. Fireworks America prepared and submitted their permit with designated launch sites and safety zones encompassing the entire field. By the time the permit reached me for approval thel Lions Club was already advertising their planned events. When In noticed there was a conflict between the map and planned events, I contacted Fireworks America to see ifwe could do anything about the conflict and received a "no" answer. Their show would not allow anyone on the field. Ithen discussed the situation with the Lions Club: representative, and they formulated a plan to move their activities to Mayor Stimpson mentioned to ChiefFishback that he saw quite a bit of smoke today. Chief Fishback CDF doing work by Sutter Hill Station. Every year they clean up some oft the area up there. The temps came down lower and they were able to do burning up there last night The department responded to a residential structure fire at 100 E. Sierra View on 6/23. The fire was contained to the attic area of the structure, but the interior did suffer major smoke and water damage. y would like to thank council member Max Godde forl his efforts in the suppression. The fire was across: the street from his home, and he was the first on scene on the next one. Detert Park and Aimee Field and again this morning. attempting to extinguish the fire with his garden hose. Public Works, Bree Wilder Street striping is finished now. Library parking lot refreshed. We are cleaning up for the 3rd ofJuly show for Lions Club. Everything out for PD, everything out for Fire Dept. Iwill be ini town, as well as Robert is on call. Still waiting on the paving prices, for Vogan Alley and East Scout Hut. The cemetery road base project, 150-ton spread has been completed and looks good out The rehab project at the City Hall, from the roofleak, is on track. there. Police Chief. Chris Mynderup Thej police department is ready for the 3rd ofJuly Fireworks Show sponsored by the Lion's Club. We understand there was a change in venue for the picnic, moving it from the Junior High School to Detert Park, SO we will have extra foot patrols in the park. There will be a shuttle for spectators that will pick up at Argonaut High School and drop offat Detert Park. The PD will also Council Meeting Minutes - July 1,2022. Page 4 be actively enforcing the laws concerning the use and possession of illegal fireworks and since Monday, we have had one that my officers have investigated. We had a large mortar from south On' Thursday, June 30th, Iwill be attending a meeting, along with other County law enforcement department heads, at the CHP office. The purpose oft this meeting is to meet the Cal Trans Homeless Encampment Coordinator and to have a better understanding of their policies and to discuss multi-agency operations ift they become necessary in the future. A lot oft the discussion was involved in Vista Point and the need to eradicate that camp. Several people think that it is City jurisdiction, but it is not, it is State & County jurisdiction. We do have a small portion oft the area, but right now we are not being affected by thel homeless. We did meet, we were expecting Cal Trans and they are slow usually, but they are ready to goi in 3 weeks. So, wel had toj pump the brakes on that and we will be cleaning up that camp around the 1stof September and that will give us opportunity to assist the County' s Homeless Outreach Team and whatever resources we can provide and reach out to the folks that are camping there. All and all it will be cleaned out by beginning of September. On July 11",Iwill be attending the monthly Historic Jackson Business Association's meeting. I know they have a lot ofc questions regarding skateboarders, parking, traffic enforcement on Main We did have a vacant Sargent's position, in our PD. Office Del Rio was promoted to the rank of Sargent this morning. We will be looking forward to giving him aj public swearing in and end oftown. We located and will issue ai report to the DA'soffice. St. solv will be answering any questions the business owners may have. ceremony at one of our future City Council Meetings. City Attorney, Josh Nelson No report City Manager. Yvonne Kimball No report 6. COUNCIL REPORTS. This section is to provide Council members an opportunity to present reports on1 their activities and to request item be placed on: future agendas. Council member Simmons - No meetings to report Council member Godde May 24th attended the Amador Council ofTourism, where they told us they are going to be moving. Their office is on. Jackson's Main St. next to the National Hotel. On. June gth Iattended the ACRA meeting along with Council Member Simmons. June gth, ,I attended the Kennedy Mine Foundation Meeting where I started volunteering a few hours a week up there. Seems like a good group and they're doing good stuff up there. Council Meeting Minutes - July 1,2 2022. Page 5 June 15th, attended Jackson Cemetery Meeting where I received some estimates on purchasing some small grave markers for some unmarked graves, which Ib believe will be we June 17"Iattended a Chamber ofCommerce Meeting where II learned that the next mixer will be talking about at the next Council Meeting. will be at the Volcano Telephone building in Pine Grove on July 13th. Council member McLean Attended Historic Jackson Business Assoc Mtg. They are looking forward to applying to Attended the Amador County Regional Transit Mitigation Fee Mtg. We discussed fundings Imissed the Chamber of Commerce meeting, due to illness. Thanks, Max, for attending in Imet with the Sutter Hospital Executives, for a meet and greet on related issues. receive some TOT money to make some changes thru Main St. around the entire County for roads and other projects similar to that. my place. Mayor Stimpson Itoured the Argonaut Mine site the other day with City Manager, Yvonne Kimball. We visited three areas for impound tailings. The tour was very informative. It was organized by the EPA and DTSC. Their project is moving forward with the cleanup. It will take several years and it requires $13 million dollars in federal funding to get that going. 7. 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 ofCity Council deliberations a) Receive, discuss, and provide direction regarding (verba!) report from the Homeless Outreach Coordinator regarding the City's response to homeless issues. Homeless Outreach Coordinator, Christine Platt- I'm happy to announce that our shower is currently running 2 days a week. We were able tol hire someone from the un-housed community One of my unhoused people has been hired by a local pest control company. He just passed his State examination, SO now he's working there full time, which is really exciting and Paradise Doggy Daycare is helping him watch his dog during the day while he works, which is a good Our program was able to help someone, with the help ofSt. Vincent De Paul, to get their vehicle smog tested and registered so they are good and legal sO there will be no problems with them My client recently completed the diversion class she was doing in my office. Thank you for the use oft the office. Also during this week, we went to court and the case was dismissed sO she doesn'th have that on her record. She feels much more secure and she's seeking employment, and citizen discussion. tol help me do that. community effort to get him moving forward. living It their vehicle for the moment, until we can find them housing. Council Meeting Minutes - July 1,2022. Page 6 which is a good way to start getting out ofk homelessness. Barron the dog was bitten, there was an article in the paper. Christine and A-Pal were able to help that dog to get treatment and the dogi is healthy and running around again withl his owner. This shows that a lot oft the agencies are working together and that things will just keep getting Our newest Council Member, Chad Simmons, was able to come to my office and I was able to explain our program to him. This really helps people to understand better, that it's not just me working, representing the City of Jackson and the. Jackson Police Department and handing out stuff, which I do not do. So, the more people I meet and talk with, are starting to see what this program is really about and how its working and they, as community members, can help me do Councilmember McLean mentioned that there are a number of organizations that are heavily funded, that can bring tax dollars into our City and purchase homes to put people up and do their good work and they fill the beds. Over the years I've never seen any of these organizations come forward and talk about what is the plan, after they complete and graduate or they fail. They fill beds with people outside the County, as they need to fill the beds in order to get their funding. This creates a continual cycle, sO when someone leaves, do they have a plan or policy to say "ok when you go, you return to the County you came from". Youjust don'twalk our the door and then you go. Is there aj plan to have people go back to the county they came from? I'll be working on that with some ofthese organizations to see ift they can find aj policy to offera a better. that. transition to go back to their county, ifit works. b) ACRA Funding increase request. City Manager Kimball presented, that we discussed this a couple of meetings ago. At that time, the City Council decided toj postpone the discussion until a later date. We were able to put it on the agenda for our Monday June 27th meeting, but due to technical difficulties, Justin Howard the ACRA Director was not able to present, and my understanding was that he brought the whole team to that meeting and they were unable to attend today's City Council Meeting. Basically, Justin Howard, ACRA Director, opened his presentation-by discussing some oft the new staff members. Ibrought on a wonderful Youth Program Supervisor, Sophie. Sophie has a lot of great experience; she was running the ELP program at Jackson Elementary. She is a really great pickup for bringing back our youth programs. Wel have an 8-week Summer Fun Days program in Sutter Creek that is really taking off. Sophie is also bringing back the Fall afterschool program in. Jackson. They are looking to use the Scout Hut. Taking over the. Jackson Pool and offering swim lessons (that are sold out) has been a great success. We discussed our management contract with the City ofJ Jackson, and we agreed on $35,000 reimbursed and I was optimistic, but Ihate to over promise, sO I'm happy that we are. having this meeting now. Ican present data from the month ofJ June, that the revenues were high enough that the City ofJackson will havea zero balance for. June. So, there will be nothing charged to the City. Once we close the books, as we are ending our fiscal year, we will actually have some carry overs from this revenue, which will bleed into July. So, I can say with confidence that the $35,000 contract, will probably only the request is tol have ai membership increase of$ $1.50/per person. Council Meeting Minutes - July 1,2 2022. Page 7 be billed to the City at $10,000-$14,000. The Jackson pool is a very busy pool. It's a beneficial relationship. It's ultimately about $20,000 less than the contract, sO we are very excited about that. Ialso hired a Sports Coordinator that is starting up our sports leagues, which has been a long time coming. Wej just launched softball in Pioneer, which we. have 51 teams for that. People are really getting interested, sO the ball is rolling for that. We also will have a drop inj pickleball league at Argonaut HS, on Thursdays and wel have 30 participants as ofnow. That's a great value, as there are a lot of pickle-ballers in Jackson and with the basketball doing drop-in now, its going to lead to an actual Fall league. I'm really excited about where we are going. Shifting to the membership discussion, these membership fees were set ini the JPA over a decade ago, and Id don'thave to give you the run around on how the cost ofl labor has gone up, as I'm sure you are aware oft that. For ACRA to execute our mission of good quality cost programming across the County, we really need this funding to increase our operational budget. Then the quality stays at low cost versus higher cost to cover staffing. So, what this membership increase will do is to allow me to develop critical staff, staff retention and also bring on some recreation aides that be able to execute these programs at a low cost. I presented this to the Board of Supervisors represents the unincorporated county as well as the other cities in our JPA, SO iti is past that $1.50 increase and what I'm really asking is to consider the value. There's sO many things coming down the pike that will directly impact Jackson citizens, but it's also the County as whole. So, collaboratively the County has agreed to these increases which will allow us to maintain good quality programing at low cost. Just wanted to check in. We arel kind ofata a breaking point where we either must increase fees, cut back staffing, and then there is the issue ofgrowth. That's where the membership fee will really help us with operating costs. The other Mayor Stimpson asked Justin Howard, what percentage of revenue that you bring ini is returned to the City? Justin replied, P'll explain it, and when City Manager Kimball receives the invoice itwill be clear. So, all revenues from the pool, are immediately counted against labor costs. We total that up at the end oft the month. There is XX amount ofi revenues and XX amount oflabor costs. Ifthere is a difference, that means that we are short and that is what the City is billed. If there is an overage, then that will be carried over to the next month. Mayor Stimpson noted that apparently ACRA doesn't pay for the pool maintenance (chemicals, etc). Justin Howard said, yes, ACRA is just aj pool management contract. Mayor said it gives him al little heartburn that ACRA is using our pool to generate revenue and the City of. Jackson is paying the bill to run and maintain the pool. Mayor Stimpson suggested that maybe we can have a meeting in the near future to discuss that. Justin Howard said that when you have the management contract and you see the invoice, it will make al lot more sense. ACRA is not necessarily retaining all this money, itf first goes toward labor costs, but I would be happy tol have a meeting to discuss it. Mayor Stimpson said, yes, because it does have an impact on what we have to spend. Mayor Stimpson asked for public comments on the issue. Hearing none, he asked for a motion. cities (Ione and Plymouth) have passed the increase in membership. Motion to approve rate increase from $5.00/per person to $6.50/per person to. ACRA on July 1,2 2022, as presented. Moved by Councilmember Godde, seconded by Councilmember. Simmons, and carried by a 4 to 0 roll call vote: Council Meeting Minutes - July 1, 2022. Page 8 AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None Note: City Manager Kimball, requested a 5 minute break, sO she can contact Vice Mayor c) Appoint members to Planning Commission and Cemetery Committee. City Manager Kimball stated that at this point the Planning Commission and Cemetery Committee both have 2 vacancies. Vacancies were posted in the newspaper: and also posted on the City website. We received 4 apps for planning and 11 for cemetery committee. So, the cemetery still has 1 vacancy. The City Council needs to vote on the appointments. Mayor Stimpson stated that he works for the Serbian Church and one ofthe Planning Commission candidates is someone from the Church. Legal Council advised that it is not a conflict ofinterest, because it's not the Church involved it's the applicant, which is in their Mayor Stimpson asked for Candidates from Cemetery Committee, to make any comments, Gonsalves, to see ifshe can call into the Council Meeting. personal capacity. before we vote. None seen. The Mayor made a move to make aj motion. Motion to reappoint Keith Davis and Debbie Collins on Cemetery Committee and to appoint 1 new member, Lisa Lucke, as a new Cemetery Committee Member, on July 1, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember McLean, and carried by a 4t0 Or roll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None Mayor then opened public comments for Planning Commission appointments. Thorton Consolo, currently ai member and Chair on the Planning Commission, spoke regarding having applicant's 's that appear to be qualified. He said we need to consider the connection the applicants might have with our community and the familiarity with the community and their level ofinvolvement with our community. How many meetings they' ve seen, how many times they have participated, their ability to understand zoning in our town, boundaries oft town and limitations oft the town. I wish you good luck with the applicants Isee, and I'm not going to give you any recommendation. Hearing no more public comments, the Mayor made ai move to make a motion. Council Meeting Minutes - July 1,2022. Page 9 Motion to reappoint Debby Collins and. Jim Guidi to the Planning Commission, on July 1, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember Godde, and carried by a 41 to 0 roll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None Councilmember Godde added that, there are 2 openings on the Planning Commission and 4 applicants. He recommended that the 2 applicants, that are not chosen, could look to join the Cemetery Committee, as there is 1 opening. Many oft the current City Council members mentioned that they have started with being on the Cemetery Committee. Motion to appoint new member, Lana Vucovich as a new Planning Commission member, on July 1, 2022, as presented. Moved by Mayor Stimpson, seconded. by Councilmember Godde, and carried by a 4 to 01 roll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None Motion to appoint new member, Sierra Grandbois as a new Planning Commission member, on July 1, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember McLean, and carried by a 4t0 Oroll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None d) Brights Addition Alley Way discussion and possible action on how to proceed. City Manager, Kimball, introduced this item. She said this has been on the agenda several times. We did some research and that this alley way has historically been this way, the same, for many years. City Council discussed ifwe want to just abandon the alley way. We decided it would be cost prohibitive. Mayor Stimpson invited Dave McDaniel, the requester of the matter, to speak. Dave McDaniel began. Thei issue started in February. Packet was sent to City Council in February and basically, I was to rebuild an existing 400ft of fence and put on the line of the alley, to distinguish the 20ft line and to construct at no cost to the city 200ft ofnew fence to make it accessible to my property along with everyone else that fronts it, or backs it. Since then, Mr. Gandra, the Lessee, the Oro Amador property has made some minor repairs to the existing 400ft. It'sstill not on the line of the 20ft alley, its functional but its functional to the point that it Council Meeting Minutes - July 1,2 2022. Page 10 keeps the COWS ini the field. Iti is still passable for usage, even though it's a little narrower. The first five property owners, which consists oft the first 8 lots off Candy St have had access to the rear oft their properties. At that point the property has been fenced off and became part ofthe field. The cattle graze and move to the alley at times. Iown 2 lots at the first part oft the alley. I own 2.5 lots at the end oft this alley The vacant lot at 990 has no street access offnorth Main St. Ith has a 10ft high bank offN. Main St. that fronts my vacant lot. To access itI access steep driveway off 1000 N. Main St. cross over and use the vacant lot to go thru and access the 1004 lot. So, 11 lot of mine is dependent on the other. None oft them stand alone for access. I'm here today to ask the Council to approve, to let me finish the last 200ft of fence, that needs to be finished offt to establish this alley (at no cost tot the City). It will be my cost & my labor, although it may not happen until next Fall. The grass is to high and the ground is too hard. It Rich Pember- 936 N. Main St. spoke. Iam opposed to the alley way being opened up. In the packets Ijust gave to all ofyou, the first thing you will see is a plot map, showing all the properties this will affect. On the left are the 3 properties that Mr. McDaniel's owns and there is a 4-plex next to him which is the property thatIown. This originally went on the map: in the 1890's and here we are 130 years later. Its never been used as ai road. It's never been created as an alleyway. There is ai fence up but there is no access. Itdives in at my property and stops right there. So, whoever put it in, in the first place, I'm going to assume the City of. Jackson, it was never completed properly. There has been no traffic up and down this road. Mr. McDaniel's wishes to open it up and create some issues, that need to be addressed. Turn to the first page, this isl Mr. McDaniel's property off N. Main St. Ifyou look at the pictures, you can see hel has access from his other properties. Mr. Pember believes that Mr. McDaniel has plenty ofaccess other than that back alley that the City owns. All the other properties have access to their properties and don'tneed the back access, they have access from the front oft their properties. The grass is 3 ftt tall and dry and is a fire hazard. At most times the alley is moist and soggy. All the houses affected by this soggy soil have dug drainage and put in pipe and/or dry well out to N. Main St. because we all get run offf from the hill constantly every year. My property, the basement has flooded for the last couple years, along with my next-door neighbor, Mr. Tran on 928 N. Main St. By getting rid oft the foliage, it would add to the run off that pours into our yards every year. Along with that we get run off from the cattle back there. Idon'teven know how sanitary that is. It gets muddy in the winter, it's sloppy, it needs grading. It's listed as an alley way, but to me an alley way is not some fence with some posts and a dirt road. The alley way next to it is cement, gravel, and it'sar roadway. I would hope that the City would make it as the other alley way is, done properly, paved and maintained by the City. It'sr not good tol have it open as people can drive back there. Icalled the Police Dept. as there was someone last week driving around out there on an ATV in the main meadow, which could spark a fire in a hot second. This was on the Oro De Amador property. That kind of stuff scares me every day. We worry about access in the alley way as it's a one-way access right now. Ifai fire truck needed to get back there, how would they turn around to get out? Council asked ifh he is afraid ofj people driving back there and Rich stated yes. Councilmember Godde asked, Bree Wilder (Public Works Superintendent) about how much time would it take to do weed abatement back there. Bree said, "Mr. McDaniel's did that recently and it took him about 2 hrs. with a weed trimmer". Ifit's opened all the way through, we could spray it and be done with it for the year, might have to do al little touch up. Lisa Dowdy, 9201 Main St, spoke. She asked how long did it take Cal-Fire to clean it up? Idon't see that it takes that long to clear it out each year. We don't! have the flooding issues, as wel have a drain that was put inj place years ago. My concern is that ifit becomes open and people are creates an access for all the property owners to access it. Council Meeting Minutes - July 1, 2022. Page 11 driving back there, they may ruin the drain. David and It talked, and we came up with a way to put rock there to cover the drain. Idon't have aj problem with it becoming open. I'di rather see the access. Ibelieve the previous owners put the fence out there in the 70s-80s. I'm not opposed to this becoming an open alley, but I don't want people driving back and forth there, but I don't Jack Georgette spoke. Ilive in the neighborhood. Also, I'm not speaking as John the City Clerk. What I'm concerned with is Mr. McDaniel has got the approval of the Shealor property owner, which is at the south end oft the alley. McDaniel put up a huge gate at the intersection, he goes up with his truck to the alley. He's creating volumes of dust in front oft those people with new houses that face there. When the Shealor property was offered to the City, by an insurance company that wanted to unload it because ofall the contamination oft the arsenic, they gave it to the City for $1. The City Manager at the time, Mike Daley, repeatedly said "We cannot use any portion ofOro De Amador, until it's been cleaned up". The Shealor property adjoins and abuts the Oro De Amador. Isi it contaminated? Doesn'tMr. McDaniel need to call the EPA to come out there, to look at what he's doing? Ihave lived in this area for 40 years. That intersection for years has been flooded with mud and water, from the corner where Mr. McDaniel's is putting a gate. When Susan Peters announced that she had plans for 3 new houses, Is said "Susan, here's our chance to eliminate all this mud and water flooding and coming down the hill to the intersection". The builder did al beautiful job with the new homes and put asphalt driveway aprons. Since then, Ihaven'thad one bit ofmud, just water at that intersection. McDaniel's with his dirt road he's made by driving up and down. When the winter rains come back, that mud and water is going to come: rushing down his man-made road and scoot right out the driveway oft the Shealor entrance. Who's going to clean that up? Dol I have to call Public Works? You need to look at what Mr. McDaniels has done. Didn't the City offer to help him put a in an apron, SO he would access from Main St.? Council said that the City Engineers talked tol McDaniels about getting an encroachment permit to gain access from N. Main St. Jack stated that, then McDaniels would have access to his 3 lots by doing it the right way. It's ai mess and it need not be, ifhe Thornton Consolo spoke. I've been looking at this and it'sar no brainer. It's an existing alley that's been there, it's been established, it's on the survey (1972 report, re-survey), it gives access toe everybody on the back of their home (just like the one on Kennedy St.), people enjoy access, garages. Now days we are talking about, in Planning, allowing people to have secondary homes on their properties and needs to be a concern for future access. Ithink another advantage, there will be a time when we will need access back there for fire trucks and such and we can'tget access like it is now. Also, some of the people on the street have access and some oft them don't. Ithink you need that equal protection under the law. Everybody there should have access. Access to the one parcel is land locked. Mr. McDaniel wants to exercise his right to sell that 3rd property that is farthest to the south and it's landlocked, unless there is access to the front, sO that an apron or an easement to the property side to come down that hill, that property is landlocked, and he can'tsell it. Ithink hel has that right, he should that right to have access to that property. Restoring that alley is a problem. Mayor Stimpson stated that that alley was in that condition when it was purchased. Thornton stated that he understood that, but there were three lots that were put together, but now Mr. McDaniels needs to get into that lot and he has tol have easement to utilize another's property to get to it from one side or the other. The property has been subdivided, there are 3 separate parcels. Ithink that the future access for the City on that alley is see that happening. would just access the properties from N. Main St. going to help us with future development on the Oro De Amador. Council Meeting Minutes - July 1, 2022. Page 12 Attorney Nelson, as Mr. McDaniel was approaching the podium to again speak, stated that he has already spoke and ifh he can speak again, then everyone behind him will have to have an Mayor Stimpson stated to Mr. McDaniels that he did have an opportunity to speak already and so Attorney Nelson, also discussed that ift the City was to decide to open up the alley, we would Matt has been looking at options and his initial take was, ifwe were to treat this as an alley, it would require the City improving it up to the current standards that apply to all alleys. That would be a significant amount of construction and engineering costs, as well as on-going maintenance ini the future. It is currently an un-accepted alley. There are 3 options for this alley. 1-1 Improve the alley, with potential modification 2- Try to transfer the alley back to the property owners, which would have significant title and legal costs or 3- leave it as is, but monitori itt to Mayor asked for the Council to discussion. Councilmember Goode, said he had thought to open up the alley, but now: realized there is more to it. Councilmember McLean agreed, and said that opportunity to speak also. we don'thave time to give all a 2nd opportunity to speak again. need to discuss with Matt Ospital (City Engineer). make sure it'st not a fire hazard. itv would be cost prohibited to open the alley. The Mayor said, hearing no more, the decision is to make al Motion. Motion to leave the alley as is, but to monitor itfor weed abatement on July 1, 2022, as presented. Moved by Mayor Stimpson, seconded by Councilmember Godde, and carried by a 4 to Oroll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None e) Selection of a Fire Marshall service provider and authorize City Manager to enter into City Manager Kimball, said we sent out al letter to 5 agencies, including: City of Sutter Creek, City ofIone, Amador County Fire Protection Agency and 2 Fire Protection Agencies in Calaveras County. We received two responses. One from the AFPD (Amador Fire Protection District) and another from City ofIone. The staff formed a Selection Committee of5 people. The Committee met and the Chair oft the Committee is Peyton Pushies, Building Inspector. We had a ranking sheet for the 5 proposals and the Committee went over them. The Committee's recommendation is to go with AFPD (Amador Fire Protection District). Then today 7/1/2022 at 2:15pm Ireceived ai notification from the City ofI Ione, and II had no time to put it into the City Council packet for today's meeting. Mayor Stimpson, Ithink Ishould read it to you. The email is from ChiefKen Mackey. It reads we need some additional information and would like to be agreement. Council Meeting Minutes -. July 1,2022. Page 13 reconsidered. Chief Ken Mackey stated that information that was sent to AFPD was different then what was sent to City of Ione. He apologized and said he wasn'taware ofour RFP and thought it was just al letter ofinterest. He stated that City ofI Ione was very interested and could provide high level support at little to no cost. Then he submitted a fee schedule. Kimball added, Mayor Stimpson asked ifall the letters she sent out were all the same? Kimball Attorney Nelson stated that it's the Council's discretion to consider the letter as an alternate and make a decision today, or differ for future consideration. It's Council's decision. Mayor Stimpson stated that he's not willing to accept the letter from City of Ione, that just arrived this afternoon, as the deadline for proposals has passed. We had a committee that was formed by the City Manager. A Committee that provided a decision of who we should go with Mayor opened for any public comments. Hearing none, seeing none, he asked for a motion. Motion to accept the Amador County Fire Protection District proposal on. July 1, 2022, as presented. Moved by Councimember Simmons, seconded by Councilmember McLean, and responded, yes. and that's going to be my motion. Council Agreed. carried by a 4t0 Oroll call vote: AYES: Stimpson, Godde, McLean, Simmons NOES: None ABSENT: Gonsalves ABSTAIN: None 8. REGULAR MEETING ADJOURNMENT. Mayor Stimpson adjourned the regular meeting at 4:38 p.m. ATTEST: obas Hagle Join Georgette, CiuyClerk 7/25/2022 Date Approved