CITY OF
CITY OF JACKSON
City Council Meeting Minutes
JACKSON February 28, 2022
LIFORNIA
Mayor and Council Members John Georgette, City Clerk
Robert Stimpson, Mayor
Connie Gonsalves, Vice Mayor
Steve McLean, Council Member Josh Nelson, City Attorney Chad Simmons, Council Member Yvonne Kimball, City Manage ale Fishback, Interim Fire Chie
ABSENT: Chris Mynderup, Police Chief
Matt Ospital, City Engineer
Mayor Stimpson called the meeting to order at 7:02 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 February 28, 2022, as presented. Moved by Vice Mayor Gonsalves, seconded by Councilmember McLean, and carried by a 4 to 0 vote:
AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
2. REMOTE MEETING FINDINGS.
Motion to approve the Remote Findings dated February 28, 2022, as presented. Moved by Vice Mayor Gonsalves, and seconded by Councilmember Simmons and carried by a 4 10 0 vote:
AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
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 a three (3) minute limit.
None.
Council Meeting Minutes - February 28, 2022 Page 2
4. 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 of a Council Member. a. Approval of Expenditure Reports in the amount of $168,662.86. b. Resolution No. 2022-04 Year 2022 City Investment Policy. c. Approval of Special Event Permit Application - Dandelion Days.
Motion to approve the Consent Calendar dated February 28, 2022, as presented. Moved by Councilmember McLean, seconded by Councilmember Simmons, and carried by a 4 to 0 vote:
AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
5. 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, Bree Wilder
• Amador St. Waterline Replacement - RFQ went out to bid. Opening bids on March 8th. • Crews are cleaning up the piles of leaves left from the Cemetery Clean-up Day.
Police Chief, Chris Mynderup
• Has a few Special Event Applications that will be coming through for next meeting; 49er Days, Operation Care - Color Run, Buns to Beaker Run (prior to Dandelion Days).
Interim Fire Chief, Dale Fishback
• Jackson Fire Recruit Academy begins 1st Saturday in March through June. (7 applications from Jackson).
• Gearing up for Dandelion Days.
6. 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.
Council member McLean
• Nothing to report.
Council member Simmons
• Nothing to report.
Council Meeting Minutes - February 28, 2022 Page 3
Vice Mayor Gonsalves
• Attended Amador Tourism Mixer at the National Hotel.
• AFPA cancelled their meeting.
Mayor Stimpson
• Nothing to report.
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 of City Council deliberations and citizen discussion.
Resolution No. 2022-05 Possible Authorization of the City Manager to enter into Planning Consultant Contract with CSG and establish a list of prequalified consultants City Manager Yvonne Kimball recapped our City Planner of 26 years had resigned therefore the City submitted an RFQ this summer, receiving 2 applications: CSG and Interwest. CSG is a qualified firm. Interwest is a reputable firm. After talking to each firm, staff would like to offer agreement to CSG keep Interwest as a backup as we can only have one (1) firm.
Kimball introduced Farhad Mortazavi from CSG (via Zoom). Farhad provided his background and professional services that he can provide to the City.
Mayor Stimpson opened for Public Comment. After none, closed Public Comment.
Motion to approve Resolution No. 2022-05 Authorizing City Manager to enter into Planning Consultant Contract with CSG, February 28, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember McLean, and carried by a 4 to 0 vote:
AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
b. Introduction and first reading of Ordinance No. 723 amending sections of the Jackson Municipal Code updating references to the Vice Mayor, authorizing Amador County to enforce chapter 10.38, and updating references in chapter 17.86.
City Manager Kimball provided overview on the first (1) reading of Ordinance No. 723 basically explaining the three (3) components. 1) replace terms for vice mayor, 2) Amending Sections relating to Abandoned Vehicles giving County permission to provide vehicle code enforcement authority, and 3) amending sections to update lot line adjustment language.
Mayor Stimpson opened for Public Comment.
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Michelle Gallaher, Amador County Code Enforcement, introduced herself and asked if anyone had and any questions.
Mayor Stimpson closed public comment.
Motion to approve the I" Readying of Ordinance No. 723 Amending Sections of the Municipal Code, February 28, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember McLean, and carried by a 4 to 0 vote:
AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
C. 2n° reading and possible adoption of Ordinance No. 722 amending Chapter 8.04 of the Municipal Code Relating to Solid Waste (in response to SB 1383 requiring measures to reduce organic waste) [recommendation: adoption; first hearing on January 24, 2022].
City Manager Kimball reminded council this was the second reading of Ordinance No. 722 required by the State and is ready to be adopted.
Mayor Stimpson opened for public comment. After none, closed public comment.
Motion to approve the 2nd Reading of Ordinance No. 722 Amending Chapter 8.04 of the Municipal Code Relating to Solid Waste (SB1383), February 28, 2022, as presented. Moved by Vice Mayor Gonsalves, seconded by Councilmember McLean, and carried by a 4 t0 0 vote:
AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
d. Brights Addition Alley Way discussion and possible action on how to proceed.
Mayor Stimpson asked City Manager Kimball to give an overview. Kimball said this was brought to city's attention in January when property owner McDaniel proposed to repair fences located in the alleyway. By repairing the fence, Mr. McDaniel proposed to remove the fence that located in the middle of the alleyway so that the alleyway can be accessible to traffic. The alleyway abutts the Oro de Amador property which city leases out for cattle grazing. Another owner, Mr. Pember approached the city and opposed to McDaniel's proposal. Mr. Pember wanted the alleyway to stay inaccessible or be abandoned by the city. Mayor opened public hearing.
Mr. McDaniel said he owned lot 40A, 40 and 39 (depicted in the record of survey which was part of the packet) and his parents used to own them. He indicated that those properties have been in his Council Meeting Minutes - February 28, 2022 Page 5
family for more than 40 years. He then clarified a few things in the City Manager's memo. He said the city was maintaining the alleyway on an as-needed basis (instead of "the alleyway has not been actively maintained by the city" in the memo). He asserted that the alleyway was only blocked halfway through by a fence, not "inaccessible" as stated in Kimball's memo. McDaniel emphasized that per the parcel document the city owns the alley, and the purpose of the alley is to be used for egress and ingress. He then attempted to point out discrepancies in Mr. Pember's letter to council and stated his objections to Pember's proposal regarding abandonment and keeping the alleyway inaccessible. Mr. McDaniel added that one of the lots he owned would have been land-locked if the accessibility of the alleyway were to remain the way it is.
Mr. Pember, 936 N. Main (lots 35 &36) spoke and gave his objection to opening up the alleyway citing the cost to maintain and improving the alleyway, potential traffic impact, safety of the neighborhood, and potential fire danger due to traffic. He told council that there were four property owners on the alleyway did not want the alley to be open.
Lisa Doudy said that she lived there for 40 years. Her father used to own the property. She pointed out that there is a drainage pipe in the alleyway behind her property. Although she can understand the concern for more traffic, she was more worried about overgrown weeds and the potential fire danger. She concluded that if the city goes with McDaniel's proposal, there should be a sign indicating dead-end. She would be ok with the opening of the alleyway to the public.
Mike Boitano spoke in favor of McDaniel's proposal.
Trevor Banner spoke in favor of McDaniel's proposal.
Rich Pember returned to the podium and contended that some speakers do not live in the neighborhood. He also pointed out that McDaniel has been encroaching the city's Oro property by fencing in the alleyway and driving his equipment through it.
McDaniel responded that the gate by his property is not locked. The fence was there to keep the cattle coming out and running through the neighborhood onto Jackson Gate Rd. McDaniel also asked the City Manager whether the owners can build on the extra land if the city abandon it and give it to adjacent owners. Manager Kimball said once the properties are merged, yes, the additional piece can be used to expand the current property.
Mayor asked what council thinks. VM Gonsalves asked Public Works Superintendent Bree Wilder whether the city has been maintaining the alley. Wilder said the city sent the creek crew there to clear the brush in the past. VM Gonsalves asked Fire Chief Fishback whether another access road would be good to have. Fishback said he lived here all his life, and this is the first time he heard about the alleyway. He responded that a secondary way would be helpful, but the alleyway's dead- end situation is not ideal for firetruck and firefighting personnel.
Mayor Stimpson asked the City Engineer's input. Matt Ospital said he is not the fence profession and does not know how to recommend. To opening up the alleyway, he is concerned about the liability of on-going maintenance. Mayor Stimpson asked the City Attorney. Attorney Nelson said that he too worried about maintenance responsibilities; but to abandon the alleyway, he felt that it Council Meeting Minutes - February 28, 2022 Page 6
would require additional legal work to verify the alleyway's ownership title and clear of easement restrictions. Since the subdivision was established in the 1800's, it would require a lot of research.
Mayor opened up to public comments again.
Sheila Pember said she wants the council to follow process instead of allowing McDaniel to do the work if the council wants to consider opening up the alleyway.
Bob Ferry spoke in favor of McDaniel's proposal and encourage the city open up the alleyway and put the fences where they belong.
Thornton Consolo spoke in favor of McDaniel's proposal.
VM Gonsalves said it appears that the city should have made the alleyway accessible long time ago.
She also felt that it's a safety concern to keep the alley open. She said she would be ok to open it up, but not improve the alleyway to the city's normal street standards.
Mayor Stimpson said he needs to look into this and talk to the city engineer and city attorney before making a decision. He told the audience that this will be kept the way it is now. c. Direction to proceed with necessary process to fill council seat vacated by former CM Riebe.
City Manager Kimball turned this item to City Attorney Josh Nelson to address. Basically, the city has two (2) options to fill the vacancy as provided in the packet.
Council discussed options and felt calling for an election would be too costly.
Kimball did explain, in preparation for first option, staff placed a Vacancy Ad in the Ledger, and on the City website, with a deadline of March 7 and can bring any applicants forward at the March 14'h meeting. It is up to the Council for direction.
Mayor Stimpson opened for public comment.
Thornton Consolo, Jackson resident, portrayed that this is an important decision. However, we have a great person on the Planning Commission ready to make that step.
Mayor Stimpson closed public comment.
Council's direction was to proceed with option one (1) and that will be to appoint an applicant to serve remaining of the year through December 2022 with the remaining 2 years of the term will be from the election this Fall.
8. REGULAR MEETING ADJOURNMENT.
Mayor Stimpson adjourned the regular meeting at 8:35 p.m.
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ATTEST:
hn teor
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Date Approved