CITYOF  a  CITY OF. JACKSON City Council Meeting Minutes August 28, 2023  JACKSON ALIFORNIA Mayor and Council Members Steve McLean, Mayor Chad Simmons, Vice Mayor Max Godde, Council Member Connie Gonsalves, Council Member Bob Stimpson, Council Member ABSENT: None  John Georgette, City Clerk StaffMembers: Josh Nelson, City Attorney Chris Mynderup, Interim City Manager/Police Chief Bree Wilder, Public Works Superintendent Dale Fishback, Interim Fire Chief Carleen Kirkpatrick, Deputy City Clerk  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. August 28, 2023 as presented. Moved by Vice. Mayor Simmons, seconded. by Councilmember Stimpson, and carried by a5to 0 vote:  AYES: McLean, Simmons, Gonsalves, Godde, Stimpson  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 oft the City Council. Please note - there is at three (3) minute limit. Wayne Garibaldi (Amador Historical Society) - Publicly thanked the City Council for the $2500 in TOT funds which paid for halfofthe riding lawnmower to be used at the museum. Mr. Garibaldi requested  permission and took aj photo with Council to use for a press release on the funding.  3. CONSENT CALENDAR.  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.    August 28, 2023 City Council Meeting Minutes  a. Approval oft the August 14, 2023 Meeting Minutes. b. Approval of Expenditure Report in the amount of $2,023,475.65.  C. Approval of PG&E Public Safety Power Shutoff (PSPS) License Agreement for Jackson d. Resolution No. 2023-31 Approving the Department of Forestry and Fire Protection Resolution No. 2023-32 Certifying the 2023 Sewer Spill Emergency Response Plan. AwhorinatiomiorciyMamgrisgnledawweHefhayeriefremchBarRond g. Resolution No. 2023-33 Accepting the Completion of Public Improvements for the Amador Street Water Main Replacement Project and Filing a Notice Of Completion and  Civic Center.  Agreement for the FY: 2023/24 Volunteer Fire Assistance Grant. Bridge-Prejeet: [Moved to. Discussion Calendar.] Authorizing Recordation Therefore.  *Mayor McLean moved item 3F from the consent calendar and to the discussion calendar. Motion to approve the Consent Calendar dated August 28, 2023 as amended by Mayor McLean (moving item. 3F to the discussion calendar).. Moved by Councilmember Stimpson, seconded by  Councilmember Godde, and carried by a 5to 0 vote:  AYES: McLean, Simmons, Gunsalves, Gudde, Slimpson  NOES: None ABSENT: None 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 Public Works Superintendent, Bree Wilder The Civic Center is now complete. The TV monitor was damaged, possibly by the contractor's lift, and he is following up. On September 6th the new pool filter will bei installed using a crane. The: sand/gravel/parts are ordered and ready for the new plumbing and it will be complete. There was a water leak on Buena Vista Drive over the weekend which was repaired by Public Works today. The sewer slip lining project bid opening is September 6th, for the Ace Hardware funds, tol hopefully repair holes in the Pitt Street line under thel highway and the line that runs Interim Fire Chief. Dale Fishback - The Fire Department has agreed to participate int the Sutter Amador Hospital evacuation drill scheduled for November. They will attend a couple planning meetings between now and then, as this is the first time the hospital is simulating physically moving patients from upstairs to the evacuation area outside. This was brought on by the evacuation at Barton Hospital a couple years ago during the Caldor Fire in the' Tahoe area, and Sutter Amador Hospital is followinga model they used to train with them. Jackson Fire assisted with a fairly large structure fire at Eggiman Lane and Highway 881 last week where all went well and no one was injured. Fire Engineer Francis DiGirolamo is currently out with a non-work-related bicep injury that is being evaluated to determine  down Broadway.  how long he will be out.    August 28, 2023 City Council Meeting Minutes  Interim City Manager / Police Chief, Chris Mynderup - A job offer was made and accepted by police applicant Graciela Razo after passing backgrounds, and she is expected to start in the next couple weeks.  She lives in Woodbridge and is currently working for the City ofLodi.  City Attorney.Josh Nelson - No report. 5. COUNCIL REPORTS.  This section is to provide Council members an opportunity to present reports on their activities and to Councilmember Gonsalves - The Economic Development Committee meeting is this Wednesday 8/30/23 at 1:30pm and she will be unable to attend due to her full-time employment. Vice Chair. Jason Mulford will be able to run the meeting in her absence. She announced she is retiring on 9/22/23 and Councilmember Godde - Attended the grand opening ofJ Jackson Fitness on 8/21/23 and was informed they already have over 400 members signed up prior to opening. Mayor McLean and Councilmember Gonsalves agreed the pool and racquetball courts were a big draw at the gym. Godde stated he also  request item be placed on future agendas.  will be more available aftert that time.  worked a couple hours volunteering for the Kennedy Mine.  Councilmember Stimpson - No report.  Vice Mayor Simmons - Attended the Victory Village meeting on Thursday and is hopeful their plans Mayor McLean - Attended the. Jackson Fitness grand opening with Councilmember Godde for the ribbon cutting. Attended the Chamber ofCommerce regular board meeting. Attended the Beautification Committee meeting and they are diligently working on plans for the gateway arch over Main Street. An account is setup fori it through the Amador Community Foundation, and there are plans to conduct fundraisers and seek donations. The first bid on the archway was $100k and they are seeking additional bids. Vice Mayor Simmons inquired ifthe bid is local and Mayor McLean advised he believes iti is. Councilmembers agreed the potential archway plans look very nice. Mayor McLean also spent the weekend at the Amador County Fairgrounds for the Top Cop fundraiser for veterans and first  will come to fruition.  responders.  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. Discussion and possible approval of Oro de Amador Cattle Pasture Lease Agreement  citizen discussion.  amendments and authorization to post an RFP.    August 28, 2023 City Council Meeting Minutes  Interim City Manager Chris Mynderup advised the previous leases on the pasture have been for one year and did not require the lessee to cut a firebreak. The amendments on the lease would extend it to two years (with an option to extend it up to one year) and require a firebreak to be cut around the parcel by the lessee during fire season. Vice Mayor Simmons inquired about the cost oft the lease. Interim Fire ChiefFishback advised the current lease is approximately $6k per year. Vice Mayor Simmons asked how much it cost the Fire Department to create the firebreak. ChiefFishback advised it cost the department about $3800 and the lessee had already paid to cut the firebreak along the section near the Rollingwood property. Chicf Fishback advised the lease amount is decided upon al bid system, and all the information regarding the requirements to cut the firebreak will be available to bidders before submitting their proposals. Vicel Mayor Simmons expressed concerns about possibly no one being interested in the property. ChiefFishback advised it would be possible for someone to submit al bid of $1 with the lessee maintaining the property as required. Councilmember Godde stated his understanding itv would be at two-year lease with the option to extend up to one: more: year. Councilmember Gonsalves inquired about what will happen with the lease ifthe City starts moving forward on the Oro de Amador park project. City Attorney Josh Nelson clarified that section 12 oft the draft agreement gives either party the ability to terminate the lease for any reason with a 30-day notice. Councilmember Gonsalves inquired ift the Fire Department would be comfortable inspecting the firebreak cut by the lessee each year. ChiefFishback confirmed they can inspect. Mayor Mclean inquired ifDTSC had any further testing on the property and Counciimember Stimpson advised il is close to being wrapped up. Mayor McLean asked for public comments and received none. Mayor requests a motion. Motion to approve the Oro de Amador Cattle Pasture. Lease Agreement amendments and authorization to post an. RFP dated. August. 28, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 5t00  vote:  AYES: McLean, Simmons, Gonsalves, Godde, Stimpson  NOES: None ABSENT: None ABSTAIN: None  b. Discussion and possible direction regarding Animal Related Services with Amador County [Jon Interim City Manager Chris Mynderup advised the City received a letter from Mr. Hopkins with Amador County on May 30th, 2023 regarding Animal Control Services, that due to pressures on Animal Control Services from the cities, they are requesting a monetary agreement from the City ofJ Jackson General Services Director Jon Hopkins and Director of Animal Control Kevin Jacobs offered to answer questions on behalfofAmador County. Councilmember Gonsalves inquired how the county came up with the amount requested in the agreement. Mr. Hopkins stated the figure is based on city population divided by the county budget for animal services. Gonsalves requested to see paperwork to back up the amount requested. Mr. Hopkins responded they have no backup other than the county budget and stated the city is more than welcome to handle their own animal services. Councilmember Stimpson asked if they brought any other data with them to back up the figure requested. Mr. Hopkins explained the  Hopkins, General Services Director for Amador County].  based upon population in the amount of $171,750/year moving forward.    August 28, 2023 City Council Meeting Minutes  unincorporated area of Amador County has aj population ofabout 22,000 people and the cities combined make up about 15,000 people. He stated the county budget for animal services divided by the population ofeach city was ai more consistent way to determine cost than tracking every animal and service provided. Mayor McLean advised City accounting has provided documentation on payments the City makes per service and requested clarification on whether the $172k would be in addition to those amounts paid. Mr. Hopkins advised the agreement amount would replace paying for services individually moving forward. Councilmember Stimpson asked Police Chief/Interim City Manager Mynderup ifh he has conducted any research on the City taking over their own animal services. Mynderup advised the last agreement with Amador County animal control was in 2004 and city was billed per call out per animal and the county provided documentation on each animal for transparency, explaining the costs. The amount the county is requesting in this agreement does not include any facts and figures to support the request. Jackson police records can provide how many dogs have been addressed by the city and how many the county were called on to assist, and these numbers do not add up to what the county is asking for. Mynderup met with police chiefs from Sutter Creek and Ione, and they agree the county should be compensated for animal control services but the amount requested is over the top. Jon Hopkins stated he provided data on how many animals were taken in from Jackson overa 10-year period, but those numbers do not represent all the animals that come through their door. Those numbers also do not cover the total cost of ownership for the animals they take care of. Hopkins stated he is not advocating for the city to get into contract with the county and they would be more than happy to have the cities handle their own animal services. Hopkins stated the county has staffing issues and other issues that come along with how each ofthe cities handle their animal services. Mayor McLean asked ifany services would change from the county ifthe city paid the $172k. Hopkins answered it would remain as it is now but encouraged that each city should consider talking more with the county about how services in each city should look before deciding. Councilmembers all agreed  more time is needed to research this agreement before any decisions are made. Mayor McLean asked for further public comments and received none.  . Discussion on Marilyn C Van Horn property and the U.S. Environmental Protection Agency asa Mayor McLean advised the cleanup of the superfund site between Argonaut Lane, Argonaut Drive, and Hoffman Road has been going on for 4-5 years, and he previously talked toj property owner Marilyn Van Horn about possible sale oft the property a couple years ago. She was not interested in selling at the time but the project manager on site advised him that the Van Horns would like to discuss this possibility now. Councilmember Stimpson advised he did not want to get involved with the property prior to the clean-up, not knowing all that may be involved. City Attorney Josh Nelson advised discussions regarding property value and purchase price can be discussed in a closed session, and Interim City Manager Mynderup and staff need direction on whether council is interested in exploring the option of potentially purchasing the property. Mayor McLean clarified he has made the connection as an initial point person to begin the conversation. Councilmember Gonsalves inquired whether the potential funding to develop a park in this location would come out oft the park-in-lieu fund? Attorney Nelson advised it potentially could come out of park-in-lieu or park impact fees, depending on plans and uses of the park. Gonsalves asked ift there has been any discussion started about what kind of park it could be and McLean responded there has not. Mayor McLean stated there may be grant money available for this project, and Councilmember Stimpson advised the park-in-lieu fund has shrunk dramatically over the  potential site for a new City park.  past year. Council agreed to keep discussions going on this topic.    August 28, 2023 City Council Meeting Minutes  Mayor McLean asked for public comments and received none.  ITEM3F. Authorization for City Manager to sign the Gascon Right ofEntry for the French Bar Road  Bridge Project.  *Vice Mayor Simmons excused himself from the meeting for this discussion item.  Larry White ofWeber-Ghio & Associates advised there were: several property owners along the French Bar Road that were impacted by the bridge project, and they were able to obtain rights of entry from nearly all ofthem with the exception ofthe Gascons. The Gascons hired an attorney to do the communications and due to potential litigation, this right ofe entry is being brought before council to approve before moving forward. City Attorney Nelson advised the right of entry also includes a waiver ofany claims for entry onto the property prior to the date that it is signed. Larry White advised with the right ofentry, property owners are asked ifthere is any compensation or reimbursement they would like to request in exchange. The Gascons have requested a little bit of grading on their property, some rock, af fence, and a concrete patio slab. Larry requested council approval for Interim City Manager Mynderup to sign the right ofentry sO they can move on with the next phase oft the bridge project. City Attorney Nelson advised the property owners have already signed the document, sO with council approvai the project can resume immediately. Larry advised he has an appointment with the contractor al 8am tomorrow and this right ofentry also allows them to restart work on the remainder ofthe project. Councilmember Godde inquired about the cost to the city. Attorney Nelson responded there is no direct compensation from the City to the property owners,. just the in-kind improvements. Larry advised it will be approximately $25k for dirt work, grading, and the arborist guidance on trees in the area they don't want to adversely affect. Larry advised the decision on the right of entry would have been handled at Mayor McLean asked for public comments and received none. Mayor requests a motion. Motion to authorize the City Manager to sign the Gascon Right of Entry for the French Bar Road Bridge Project dated August 28, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember. Stimpson, and carried by a 41 to 0 vote:  stafflevel without the property owner'si involvement ofan attorney.  AYES: McLean, Gonsalves, Godde, Stimpson  NOES: None ABSENT: None ABSTAIN: Simmons  7. REGULAR: MEETING ADJOURNMENT. Mayor McLean adjourned the meeting at 7:06 p.m.  8. CLOSED SESSION.  PUBLIC EMPLOYEE APPOINTMENT  Title: City Manager    August 28, 2023 City Council Meeting Minutes  CONFERENCE WITHLEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) ofsubdivision (d) of Section 54956.9) Name ofc case: Mackey V. City ofJackson, Amador Superior Court  9. CLOSED SESSION ADJOURNMENT.  Mayor McLean adjourned the meeting at 7:45 p.m. to 6:30 p.m. on September 11, 2023.  ATTEST:  4o  92/23 Date Approved  John S  CityCigrk