CITY OF  CITY OF. JACKSON City Council Meeting Minutes October 23, 2023  JACKSON CALIFORNIA Mayor and Council Members Steve McLean, Mayor Chad Simmons, Vice Mayor Max Godde, Council Member Bob Stimpson, Council Member Connie Gonsalves, Council Member  John Georgette, City Clerk StaffMembers:  Josh) Nelson, City Attorney (Remote) Chris Mynderup, Interim City Manager/Police Chief Erin Ventura, Contract Planner (HBA) Bree Wilder, Public Works Superintendent (Remote) Dale Fishback, Interim Fire Chief Carleen Kirkpatrick, Deputy City Clerk  ABSENT:  Mayor McLean called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG. Mayor McLean led the Pledge of Allegiance. 1. APPROVAL OF AGENDA.  Motion to approve the City Council Agenda dated October. 23, 2023 as presented. Moved by Vice Mayor Simmons, seconded by Councilmember Godde, and carried by a 4to 01 vote:  AYES: McLean, Simmons, Godde, Stimpson  NOES: None ABSENT: Gonsalves 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 oft the City Council. Please note - there is a three (3) minute limit. Michael Ramaley - Expressed concern regarding weed abatements conducted by the City ofJackson at two ofh his properties on Kilham Court, claiming he had the weeds cut prior to the city abatement date. Mr. Ramaley stated he emailed Council and is requesting to know what his options are with regard to the bills he received for the abatements. Vice Mayor Simmons advised he received the email, observed the before and after photos for the abatement, and was not aware oft the rates for the abatement. City Attorney Nelson advised this public comment is not on the agenda for discussion but can be referred to staff or plaçed on a future agenda for discussion. Council agreed to place this item on the next City  Council agenda for discussion.    October 23, 2023 City Council Meeting Minutes  Mark McGinnis- - Supported Mr. Ramaley, advising they spent two days on the properties and claimed they completed 90% ofthe work shown ini the before and after photos provided by staff. Virginia. Manner (Jackson Creek. Homeowners. Association) - Thanked city staff (specifically PW Supt. Bree Wilder and Councilmember Max Godde) for getting the fire crew out to clear debris for. Jason Cazadd to restore property along Clinton Road, providing financial support as well. She also thanked Council for responding to their needs helping to respond to flood concerns, demonstrating how our Mary Hite (South. Ave. Resident) - Ms. Hite stated for 25: years she did not know Caltrans owned the creek between South Avenue and Highway 49 and the County told her the City owned it. She stated the weeds int the creek cut by the fire crew this summer have mostly grown back and debris is still ini the easement blocking her utility trailer. She asked why the creek can't be dredged back down to where it was 27 years ago. She stated the City does not need ai new bridge, a road to Walmart, or more housing, and instead, Broadway needs resurfaced and sidewalks repaired toj prevent tripping and falling. She stated, "IfIf fall ..I Imight check with an attorney to see what my options would be..." Ms. Hite advised she received FEMA money to make repairs on her own since last year's flood and is concerned about continued flooding possibilities. She provided information on the cost to repair her fence. Councilmember Stimpson asked Ms. Hite if she was warned about her home being in a flood plain when she purchased the property. Ms. Hite stated she was told it was a 50-year flood plain and figured since it flooded in 1996, she was safe. City Attorney Nelson reminded Council not to allow public comment to become a discussion item not listed on the agenda. Mayor McLean advised they are in communication with Caltrans, which is a slow process, very expensive, and they get put on aj priority list. City Attorney Nelson advised this item is not on the agenda for discussion and Mayor McLean ended discussion on the  community, City, and County come together for the good of others.  topic.  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. a. Approval oft the October 9, 2023 Meeting Minutes. b. Approval of] Expenditure Report in the amount of $813,971.24.  - Approval of Special Event Permit Application for Veterans Day Parade 11/11/23. Motion to approve the Consent Calendar dated October 23, 2023 as presented. Moved by Councilmember Stimpson, seconded by Councilmember Godde, and carried by a 41 to 0 vote:  AYES: McLear, Simmons, Gudde, Stimpson  NOES: None ABSENT: Gonsalves ABSTAIN: None 4. ADMINISTRATIVE REPORTS. expected to be taken by the Council.  This section is to provide staff an opportunity to present oral status reports on issues. No legal action is    October 23, 2023 City Council Meeting Minutes  Public Works Superintendent, Bree Wilder (Remote) - They were able to add on with Jackson Creek HOA'sc contractor, as Ms. Manner advised, and were able to address a good portion oft the creek at that location. The parking brake is stuck on the new street sweeper, pending repair. There was a sewer spill acouple weeks ago on Pitt Street and Bright Avenue, about 184 gallons with 90%1 recovered. Councilmember Stimpson asked about the remaining 10% and Wilder advised Public Works pressure washed the entire: road, vacuumed what was possible, picked up what they could from the leaves and Interim City Manager /E Police Chief, Chris Mynderup Officer applicant oral boards were last week with two of them moving on to backgrounds. Once hired, PD can move forward with the internal promotion for Detective. PD will be assisting with the Big Game Rally this Thursday with officers present at the game on Friday. There are a couple trunk-r-treat functions over the weekend and the Halloween Parade on the 315t, with the Veteran's Day Parade and Christmas Delights to follow. Interim Fire Chief, Dale Fishback - On September 25th, the written exam for the firefighter position is being held and final interviewsselections will follow. Burning restrictions were lifted by CalFire countywide today and Jackson will open up for burning on November 1, 2023. Permits can be obtained from the City and are controlled by air quality each day. Francis DiGirolamo is back on light duty assisting the department. Trunk or Treat is this weekend on October 28th and 29th, and the Halloween Parade will be on the 31st. Afterwards, upcoming events include Big Game Rallies, Veteran's Day  debris for as successful clean up and the remaining seeped into the asphalt.  Parade, and Christmas Delights.  City Attorney, Josh Nelson (Remote) - No report.  5. COUNCIL REPORTS.  This section is to provide Council members an opportunity to present reports on their activities and to  request item be placed on future agendas. Councilmember Gonsalves - Absent.  Councilmember Godde - Attended the Cemetery Committee this month and the Cemetery Cleanup day ist this Saturday from 10AM-2PM, ifanyone is interested in attending. He spent a few hours with the Kennedy Mine Foundation assisting with preparations for the Tailing Wheel No. 1 restoration.  Councilmember Stimpson - No report. Vice Mayor Simmons No report.  Mayor McLean - Attended an online meeting with Amador County for the Mayor selection committee in Plymouth. Participated in zoom interviews for. Jackson City Manager last week, narrowing candidates down to hopefully make an offer int the next few weeks. Mayor recognized one applicant for City Manager is currently in the audience, without stating ai name. Attended a Chamber of Commerce  meeting. The Big Game Rally on Main Street is this coming Thursday night.    October 23, 2023 City Council Meeting Minutes  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 discussions. These audio recordings provide an accurate and comprehensive backup ofCity Council deliberations and a. Receive, discuss, and provide direction regarding staffrecommendation to award the Public Works' new dump truck bid to Big Valley Ford [Bree Wilder, Public Works Superintendenty. PW Supt Wilder offered to answer any questions and advised his recommendation is to purchase the dump truck from Big Valley Ford as the manufacturer for the truck bed is ofbetter quality. The bid is about $1800 more than Ford Lincoln Fairfield but the quality is worth the difference. Mayor McLean opened the item for council discussion. Vice Mayor Simmons agreed with the recommendation on the quality of the truck bed. Councimember Godde asked ifthis dump truck replaces the medium dump truck. Wilder advised it will replace both the yellow dump truck and the medium dump truck. The medium dump truck has brake and tire issues that are: not worth repairing. Mayor McLean asked for public comments and received none. Mayor requests a motion. Motion to award the Public Works dump truck bidi to Big Valley Ford on October 23, 2023 as presented. Moved by Vice Mayor Simmons, seconded by Councilmember Godde, and  citizen discussion.  carried bya4 4t0 0 vote:  AYES: McLean, Simmons, Godde, Stimpson  NOES: None ABSENT: Gonsalves ABSTAIN: None  b. PUBLIC HEARING: Resolution No. 2023-37 General Plan Update & Certify the General Plan Environmental Impact Report [Susan Peters/Ben Ritchie, Del Novo Planning Group/Planning Susan Peters (DeNovo Planning Group) - Portions oft the General Plan are outdated (some as old as 1981). The most recent elements ofthe General Plan are from 2008 and 2014. The seven elements of the General Plan include land use, traffic and circulation, housing, open space, noise, conservation, and safety. This update began in 2019, with the exception oft the Housing Element which is being completed concurrenlly under a grant with the other four cities and Amador County. The City received al LEAP (Local Early Action Plan) Grant to prepare the general plan update and the associated environmental Ben. Ritchie (DeNovo Planning Group) - The update began with a series of community visioning workshops and an online survey (with 438 respondents in a two-month period). They made sure to address all the requirements ofs state law to create a compliant general plan across each of the seven elements while keeping it "Jackson", reflecting local conditions and priorities and implementing current best practices for rural communities. Modest refinements were made to the land use map since last  Consultants).  impact report. Susan introduced Ben Ritchie from DeNovo to continue.    October 23, 2023 City Council Meeting Minutes  updated in 2008, in order to reflect general plan amendments that have already been processed. There was a six-week public review and comment period and no changes were made to the draft as a result. There were a handful of comments with nothing really substantive. A comprehensive program level environmental impact report was also prepared, providing ai first tier CEQA document that will allow the City to process environmental review of applications that are consistent with the general plan much  quicker and at a lower cost to land/property owners in the City. Mayor McLean opened the item for council discussion.  Mayor McLean asked ifcomments on the draft general plan received responses. Ritchie advised comments on the environmental report are responded to in the final EIR with any fixes/corrections that need to be made. Anybody that commented on the EIR has a formal written response in the final EIR, and the one comment received on the general plan itself was related to land use, which Susan can speak on. Councilmember Godde. advised he was involved in some ofthe workshops and surveys and  expressed his gratitude and excitement for the work on this update.  Mayor McLean asked for public comments.  John. Johnson (123 Eva Way) Expressed ongoing land use designation concern for the parcel at Highway 49 and Schober Way, which he has presented on before. His main concern is with any type of intensive commercial use at this location posing safety issues to traffic flow. He asked that zoning of the parcel be rectified as part oft the general plan update, designating the parcel for one oftwo lower intensity commercial land use designations or as residential single family, commercial professional office, or open space. Susan Peters responded with Council approval clarifying the issue with the property. The parcel was previously part of Caltrans right of way and currently has no zoning designation. The property was sold to a person who wanted to use it for commercial use and all documentation previously showed it was commercial in the past. The proposal for the parcel was taken to the Planning Commission for recommendations on zoning (coffee kiosk) and was denied. The City of Jackson owns another piece of property in city limits on French Bar Road that has a deed restriction for public use, and initially the idea was to reach out to the prior property owners to get the deed restriction lifted. Another approach is currently being considered with the input from the City Attorney. The upside is with the adoption of the General Plan, the City has one year to bring the zoning map into accordance. She requests the trust oft residents in the Schober and Peak Hill neighborhoods that the Craig Baracco (Executive Director, / Foothill Conservancy) - Land use conservancy advocates further development in Amador County, mirroring existing development in urban centers like. Jackson. He stated the City's land use: map appears to offer mostly commercial and office development for the remaining developable space and believes with the needs ofmodern society, more housing development should be included in the zoning map. He would like this taken into consideration in future planning. Jim Laughton (Clinton. Roadresident, attending remotely) - Expressed concerns regarding the scenic view shed and two other commercial lots on S Hwy 49. Susan Peters responded advising it is an overlay that requires additional review for plans in that location to prevent any negative impact on the view shed coming into town, though doesn't prohibit development. Laughton's s properties have a base designation zoning ofs single family residential with a planned development overlay, and connected with the overlay isal hyphened letter "C" for commercial. This zone is intended to require including some commercial in  issue is getting closer to being resolved.    October 23, 2023 City Council Meeting Minutes  any planned development proposal. Laughton would like it to be more defined as to where the commercial can be allowed, which is understandable. Planned development with combined commercial overlay allows for commercial use to happen anywhere on the site with approval from the Planning Commission. The: zoning map can be perceived as restrictive to a certain area, but actually applies to the entire site. Ben Ritchie clarified further that the intent oft the visual corridor overlay is toj provide development guidelines to promote development in an esthetically pleasing manner which will neither add nor detract from the view shed, not to restrict development int the area. Being high visibility corridors that require good design without taking away development rights or potential for the property, while offering a ton of flexibility on how the commercial can be oriented on the site. Susan Peters advised the emails from Mr. Laughton to the previous City Manager were forwarded to her regarding Councilmember Stimpson asked for the definilion of aesthetically pleasing. Susan Peters advised there are architectural regulations previously developed and adopted by thc City Council and Planning  the general plan update.  Commission. Mayor requests a motion.  Motion to adopt Resolution No. 2023-37 General Plan Update & Certify the General Plan Environmental Impact Report on October 23, 2023 as presented. Moved by Councilmember Stimpson, seconded by Vice Mayor Simmons, and carried by a 41 to 01 vote:  AYES: McLean, Simmons, Godde, Stimpson  NOES: None ABSENT: Gonsalves ABSTAIN: None  Mayor McLean closed the Public Hearing on this item.  PUBLICI HEARING: Resolution No. 2023-38 General Plan Amendment to Update the Sixth Cycle Housing Element for the period of2021-2029 to Affirmatively Further Fair Housing and Substantially Comply with State Housing Element Law [Erin Ventura, City Planner). Erin Ventura (Contract Planner, HBA) - The countywide Housing Element (paid for with a Regional Early Action Planning REAP Grant) is one of the seven mandated elements oft the General Plan and is covering an 8-year planning period in the Sixth Cycle 2021-2029. One oft the main components ofthc housing element is the regional housing needs allocation (RENA) where it must demonstrate the capability for the state mandated housing requirements may be accommodated. Jackson was assigned 138 units, compriscd of 14 cxtrcmcly low-income units, 13 very low, 23 low, 24 moderate, and 64 above moderate. The city is not responsible for building the units as market developers drive what can actually be built. There just needs to be an availability of land in city limits through zoning that would accommodate them and ifc certain constraints can be removed. The housing element also includes goals, policies, programs, and actions to help meet projected housing needs, analysis sofhousing related constraints, inventory ofs sites suitable to accommodate the housing needs for the city, and evaluation of resources for housing and the community. There has been opportunity for public review and input from the community and the comments were incorporated in Appendix C. The housing element is the only element required to be reviewed and certified by the State ofCalifornia, and the final draft presented    October 23, 2023 City Council Meeting Minutes  today incorporates all feedback from the state. Once approved and adopted through resolution by Council, it will return to California Housing and Community Development for final certification. The housing element is broken up into three main parts including the housing plan, the background report, and individual jurisdictions' annex. Itise exempt from CEQA sO a Notice ofE Exemption will be filed,  with the findings included in the resolution in the packet. Mayor McLean opened the item for council discussion.  Vice Mayor Simmons asked ift the housing requirements take into consideration what is already available. Erin Ventura advised there is al little bit ofoverlap of projects that have bene approved within this planning cycle that are counted towards the RENA number. Ben Ritchie advised the RENA: number comes down from the state level divided into regions and divvied up again amongst the cities. The number assigned to. Jackson pales in comparison to what most cities are seeing in the Sixth Cycle. Most jurisdictions saw a 500-700% increase in their required housing numbers and Jackson did not have to redesignate zoning sites to show that we have capacity available. Simmons asked ifwe would have to make changes to our land use map and Ritchie advised not in this cycle (2021-2029). Erin Ventura advised there will be some required changes to the zoning code that need updated, which she will be  working on over the next year or SO. Mayor McLean asked for public comments.  Craig Baracco (Executive Director, /1 Foothill Conservancy) - He stated Jackson is the job center for the County, with the Hospital, Casino, and the entire Amador County Government, and should provide housing fori its sizable workforce. He expressed satisfaction with rules and regulations being required to ber removed regarding items such as single occupancy hotels, transitional housing, etc. What happens in the Bay Area and Sacramento and statewide affects us here locally and the state should continue to increase requirements in the housing elements until housing shortages, prices, and homelessness  recedes.  Mayor requests a motion.  Motion to adopt Resolution. No. 2023-38 General Plan Amendment to Update the Sixth Cycle Housing Element for the period of2021-2029 to Affirmatively Further Fair Housing and Substantially Comply with State Housing Element Law on October 23, 2023 as presented. Moved by Councilmember Godde, seconded. by Vice. Mayor. Simmons, and  carried by a 4 to 0 vote:  AYES: McLean, Simmons, Godde, Stimpson  NOES: None ABSENT: Gonsalves ABSTAIN: None  Mayor McLean closed the Public Hearing on this item.  7. REGULAR MEETINGA ADJOURNMENT. Mayor McLean adjourned the meeting at 7:45 p.m.    October 23, 2023 City Council Meeting Minutes  8. CLOSED SESSION.  PUBLIC EMPLOYEE APPOINTMENT Title: City Manager  9. CLOSED SESSION ADJOURNMENT.  Mayor McLean adjourned closed session at 8:10 p.m. tol November 13, 2023 at 6:30 p.m.  ATTEST:  Ahn Surple (ohn Georgette, CityClerk  u3/23 Date Approved