Jackson City Council Agenda
Monday, March 28, 2022 - 7:00 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Teleconference Line: 1-650-419-1505
Meeting ID: Meeting ID: 724967530
Please join using this link: https://v.ringcentral.com/join/724967530 NOTE: In person public attendance is optional. You may participate electronically via Ring Central (Zoom) Conferencing. Participants will be muted upon entry. Should you wish to speak upon Public Comment, please “Raise your Hand”, you will be unmuted one at a time and asked to state your name.
1. SWEARING-IN and SEATING of COUNCIL MEMBER: Max Godde (to a term through December 2022).
2. APPROVAL OF AGENDA.
Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54954.2 of the Government Code).
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.
4. REMOTE MEETING FINDINGS.
Approve findings for remote meetings under AB 361 that social distancing is recommended by state and local health officials and that meeting in person presents imminent risks to the health and safety of attendees.
5. 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 Report in the amount of $357,594.47. b. Approve Special Event Permit Application – Amador County Chamber of Commerce Mixer.
6. 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.
7. COUNCIL REPORTS.
This section is to provide Council members an opportunity to present reports on their activities and to request items be placed on future agendas.
City Council Agenda Monday, March 28, 2022
2 8. DISCUSSION CALENDAR.
a. Swimming pool discussion and possible approval of an agreement for Amador County Recreation Agency to run City’s 2022 summer swim program.
b. Mid-year budget review and possible direction on immediate priorities. c. Receive and discuss the recent water Total Trihalomethanes exceedance notice to water customers.
9. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
10. CLOSED SESSION
• CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Busi Municipal Parking Lot Property, Jackson
Agency negotiator: Yvonne Kimball, City Manager, and Josh Nelson, City Attorney Negotiating parties: Gillman Family Limited Partnership UPCOMING MEETINGS:
April 11, 2022 ................ 7:00 pm Council Meeting April 13, 2022 .............. 10:00 am Cemetery Committee Meeting April 18, 2022 ................ 6:30 pm Planning Commission Meeting (to be confirmed) April 25, 2022 ................ 7:00 pm Council Meeting UPCOMING CLOSURE DATES FOR CITY OFFICES:
May 31, 2021 Memorial Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us for copies of previous agendas, minutes and City budget.
Item 5a Expenditure Report
CITY OF JACKSON
Council Meeting Memorandum
Monday, March 28, 2022 – 7:00 PM Regular Meeting
To: Honorable Mayor and Members of City Council
From: Christopher Mynderup, Chief of Police
Date: March 23, 2022
Subject: Amador County Chamber of Commerce Mixer
Recommendation:
That City Council approves the Special Event application submitted by the Amador County Chamber of Commerce for a Chamber Mixer to be held on Wednesday, April 13, 2022, from 3:00 pm to 7:30 pm.
Conclusion:
According to the permit application, the Police Department will close Court Street at its intersection with Main Street and Curlich Lane. No other street closures would be necessary.
The Chamber of Commerce will be serving alcohol from a designated bar located within the closed off area. Wrist bands will be provided at check in and worn by those 21 years and older.
All appropriate liquor license documentation for the Department of Alcohol Beverage Control for this event has been submitted.
Impacts:
This event will create minimal impact to the City and vehicle/pedestrian traffic. It is anticipated that this event will only require the use of two Reserve Police Officers.
Item 5b Special Event Permit Application -
Amador County Chamber of Commerce Mixer
City of Jackson
Council Meeting Memorandum
Monday, March 28, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Date: March 21, 2022
Agenda Item #8a: Summer swimming programs
RECOMMENDATION:
a. Enter into Agreement for ACRA to run the 2022 summer swimming programs with a budget capped at a certain amount, such as $10,000 (City’s past cost), $35,000 (ACRA proposal), or something in between.
b. Forego summer swimming programs and focus on improvement projects including new pool liner and new pumping equipment.
DISCUSSION:
For the last four decades, Jackson has always had our own independent summer swimming programs. The programs were run by Martha Quinn. They generally include recreational swimming, lap swimming, and swimming lessons during summer months from after Memorial Day to before Labor Day. Having certified lifeguards and trainers have always been the key to summer programs. Ms. Quinn usually starts to make arrangements in February each year.
Since Ms. Quinn is unable to continue to provide services this year, we reached out to Amador County Recreation Commission. ACRA’s proposal costs up to $35,000 to provide the abovedescribed services. Under its proposal, ACRA would handle all revenues received and keep them to offset their labor cost. City employees will be responsible to maintain the pool.
When City runs the programs, it costs approximately $10,000 to $15,000. This figure reflects the difference between summer programs’ revenues and seasonal labor expenses. City keeps program revenues, hires and pays for the Pool Director, and 8 to 10 Lifeguards/Supervisors. Separately, City full time employees maintain the pool all year round. Their expenses are not reflected in this figure.
Given the difference in cost, staff seeks Council’s decision on whether to grant ACRA an agreement to run this year’s summer swimming programs. Staff also reached out to potential individuals; however, everyone has had summer plans. Staff intends to try again next year.
Item 8a Swimming Pool & Summer Swim Program
It should be noted that the entire deficit of the swimming pool is a lot higher, ranging from $25,000 to $45,000 a year as the pool is open all year round for Polar Bears and High School Swimming Teams’ practices. It costs money to keep it open.
Additionally, both the small pool and the large pool need new liners. The project is estimated to cost approximately $200,000. The project needs to happen later this year in order to continue to provide swimming services.
Enclosure: ACRA proposal
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ATTACHMENT “A”
POOL MANAGEMENT AGREEMENT between the City of Jackson, a California municipal corporation and the Amador County Recreation Agency for the provision of general oversight of the pool, lessons, lifeguards, & scheduling of the pool operations located at the 330 Spanish Street, Sutter Creek.
AGREEMENT TO PROVIDE SERVICES
Agreement made, effective as of April ___, 2022, by and between the City of Jackson, a public entity organized and existing under the laws of State of California, with its principal office located at 33 Broadway, 95642, Amador County, California, referred to in this agreement as “city,” and the Amador County Recreation Agency, of 10877 Conductor Blvd. Suite 100 Sutter Creek, Amador County, California, 95685, referred to in this agreement as “agency.”
RECITALS
A. City wishes to contract with agency for the services of agency in providing staff, scheduling, oversight and management for the lifeguards at the swimming pool in Jackson, located at the 560 CA 49, Jackson, CA.
B. Agency is ready, willing, and able to provide such services as may be required by city.
In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows:
SECTION ONE.
SERVICES
A. Agency understands and agrees that it shall provide the above-referenced services to city under and pursuant to this agreement on a weekly, as-needed, basis as city, in its sole discretion, shall request from agency.
B. Agency will hire, schedule, and supervise all lifeguards, pool management, and program personnel. The parties recognize that all such staff shall be employees of agency and not of city.
C. Lifeguard classifications applicable to services to be provided under and pursuant to this agreement shall be limited to those classifications set forth by Exhibit A, which Exhibit may be revised from time to time by mutual agreement between the parties and which Exhibit is attached to this agreement and, by this reference, made a part of this agreement.
D. Agency will provide finger printing services, and qualification research and determination on all lifeguard staff.
E. City is and shall remain responsible for the primary maintenance of the pool, which includes pumps and filters, facilities and the application of the proper pool chemicals.
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F. Agency employees shall insure that pool deck area is clear of any pool equipment when pool is open for use.
G. Agency employees will be responsible for daily cleaning and restocking of the bathrooms.
H City will be responsible for supplying bathroom supplies including paper towels, toilet paper, soap and cleaning agents.
I. Agency employees will be responsible for vacuuming the pool on a weekly time schedule or more often if it is required.
J. Agency employees will be responsible for filling out the Daily Checklist, included in this agreement as “Exhibit B.”
SECTION TWO.
COMPENSATION
For services provided under and pursuant to this agreement and the written requests of city, agency shall be compensated as provided below:
A. Subject to the limitation on total compensation set forth in paragraph (C) below, all staff costs including administration and labor expended by lifeguards in providing services under and pursuant to this agreement.
B. Provided agency is in compliance with paragraph (C) below, the agency shall be paid upon invoice for providing the staff, oversight and management of staff, and pool scheduling.
C. The total cost for services under this agreement shall not exceed thirty-five thousand dollars ($35,000) for the Term of this Agreement. This also includes an evaluation from the city manager after reaching the first $20,000. No compensation shall be paid in addition to this amount without the prior written approval of the City Manager, provided the additional compensation requested is within her contracting authority, or the City Council, if the requested increase exceeds the City Manager’s contracting authority. At any time during this Agreement, should agency anticipate that $35,000 will not allow it to provide all city-requested services through the end of the Term of this Agreement, it shall promptly advise the City Manager in writing of that fact and of the anticipated compensation it believes will be necessary to provide services that would be expected to be provided through the end of the Term. At no time shall services be provided under this agreement if the provision of such services would cause the compensation owed to agency to exceed the amount set forth in this agreement or any additional amount authorized by the City Manager or City Council.
D. ACRA will collect all fees, pool passes, swim lessons, and private party rentals.
SECTION THREE.
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PAYMENT
A. Payment for services provided city under and pursuant to this agreement shall be due upon invoice, subject to the terms and conditions of Section Two.
SECTION FOUR.
AGENCY-PROVIDED STAFF
Agency-provided staff who perform services for city under and pursuant to this agreement shall be bound by the provisions of this agreement and agency shall, at the request of city, furnish to city satisfactory evidence to that effect.
SECTION FIVE.
AGENCY REPRESENTATION
Agency represents and warrants that agency and its agency-supplied workers have the right to perform the services required under and pursuant to this agreement without violation of obligations to others, and that agency and its agency-supplied workers have the right to disclose to city all information transmitted to city in the performance of services under and pursuant to this agreement, and agency agrees that any information submitted to city, whether patentable or not, may be used fully and freely by city.
SECTION SIX.
DURATION AND TERMINATION
A. This agreement shall become effective for the summer recreation season of 2022 (i.e., June 1, 2022 through September 2, 2022). In addition, this agreement may be terminated pursuant to the following:
1. Immediately upon death or incapacity of any person employed or supplied by agency who, in the sole opinion of city, was essential for the successful performance of agency’s obligation under and pursuant to this agreement; or
2. By either party, with or without cause at any time, upon thirty days’ prior written notice.
B. The obligations of agency under Sections Five and Six above shall survive any expiration or termination of this agreement.
SECTION SEVEN.
INDEPENDENT CONTRACTOR
The status of Agency is that of an independent contractor and not of an agent or employee of city and, as such, agency shall not have the right or power to enter into any contracts, agreements, or any other commitments on behalf of city.
SECTION EIGHT.
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INSURANCE AND INDEMNITY
Agency shall maintain in full force and effect, and upon the request of city, shall furnish evidence satisfactory to city that agency maintains the following insurance coverage:
A. Comprehensive general liability insurance in the minimum amount of $2,000,000 combined single limit that will cover any and all losses to city property, property of third parties, or personal injuries, including death, caused by the acts or omissions of agency.
B. Agency will carry Workers’ Compensation and Employer’s Liability Insurance in accordance with applicable law.
C. Indemnity. Each party shall indemnify, defend and hold harmless the other party, to the extent allowed by law and in proportion to fault, against any and all third-party liability for claims, demands, costs or judgment (direct, incidental, or consequential) involving bodily injury, personal injury, death, property damage or other costs and expenses (including reasonable attorneys’ fees, costs and expenses) arising or resulting from the acts or omissions of its own officers, agents, employees or approval volunteers carried out pursuant to this agreement.
SECTION NINE.
ASSIGNMENT
The rights and obligations of agency under this agreement are personal to agency and may not be assigned or transferred to any other person, firm, corporation, agency, or other entity without the prior, express, and written consent of city.
SECTION TEN.
ENTIRE AGREEMENT
This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement.
SECTION ELEVEN.
NOTICES
Any notice provided for or concerning this agreement shall be in writing and be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this agreement.
SECTION TWELVE.
GOVERNING LAW
It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California.
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SECTION THIRTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.
SECTION FOURTEEN.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party.
SECTION FIFTEEN.
NO WAIVER
The failure of either party to this agreement to insist upon the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
In witness of the above, each party to this agreement has caused it to be executed on the date indicated below.
[Signature, titles and date(s) of signing] [Signature, titles and date(s) of signing] [Attachments]
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EXHIBIT A
The scope of work includes:
1. The hiring and supervision of lifeguard staff by agency. All lifeguards will hold the following certificates:
Mandatory completion of Title 22 Lifeguard Training, CPR & First Aid Certificates Water Safety Instructor (WSI) is an optional certificate, and is not required to be held to perform lessons.
Hourly Rates:
Beginning Lesson Teacher: $15.00 per hour to $15.50 per hour depending on experience.
First year Lifeguard with proper certification. (Lifeguard I): $15.00 per hour Experienced Lifeguard with proper certification and two to five years’ experience (Lifeguard II):
$15.25 - $15.50 per hour
Pool Manager/Lead Lifeguard: $15.50 - $15.75 per hour
Pool Supervisor: $15.00
Pool Managers are responsible for direct supervision of deck staff, scheduling and facility opening & closing, deposit of gate revenue.
2. ACRA will provide staffing, scheduling and implementation of lessons and special events at the pool in accordance with the requests of city as provided for in Section One of this Agreement.
City of Jackson
Council Meeting Memorandum
Monday, March 28, 2021 - 7:00 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Yvonne Kimball, City Manager
Date: March 23, 2021
Agenda Item #8b: FY 21/22 Budget mid-year Status Report as of December 31, 2021
RECOMMENDATION
That the City Council review the reports. Council be aware of special challenges of this year.
DISCUSSION
Encloses are summary status reports for the FY 21/22 as of December 31, 2021. The data represents a “snapshot” view of the financial activities up to December 31,2021.
The mid-year reports indicated that FY 21/22 was largely on track while also projected slight concerns. A few highlights:
1. General Fund revenues: is not yet at the 50% mark. Major revenues are expected to meet the budget projections. Property taxes may be slightly higher. But sales tax, TOT, franchise taxes, and vehicle registration fees were lagging. Hopefully this trend would correct themselves by this quarter.
2. It appears that Administration, Police, Park, and Engineering departments in the General Fund were overspent. This was partially due to onetime payments, partially due to expenses and some unusual circumstances. I have spoken to departments regarding being more conscientious on purchases, especially small items.
3. Water, Sewer funds are meeting revenue targets.
4. Challenges abounds. High inflation, high gas cost, supply chain problems and staffing changes have been impacting daily operation. Our recommendation would be focus on staffing transition. This means less time and resource to monitor finance reports, delays in invoicing reimbursements, and delays in timely reports on expenses. Staff asks for understanding and patience from the Council and the public as we move forward. With any changes, there come opportunities to new perspectives. For example, the new positions under the Community Development Section have all agreed that city’s fees for projects need to be updated.
Item 5b FY21/22 Budget Mid-Year Status
Report as of December 31, 2021
For the next few months, staff need to monitor closely, focus on transition, and work on fee adjustments. Depts. need to be conscientious of spending. At this point, I would predict this year ends with higher expenses than prior year and, maybe even a small deficit.
Attachments: Status Summaries
City of Jackson
FY 21/22 General Fund
Status Report for Expenses as of DECEMBER 31, 2021
50% REMAINING
EXPENSES
ADOPTED YTD AS OF BALANCE %
DEPARTMENT BUDGET 12/31/2021 REMAINING REMAINING
CITY COUNCIL $191,360 $75,412 $115,948 61%
ADMINISTRATION $913,000 $525,766 $387,234 42%
LEGAL SERVICES $58,000 $27,963 $30,037 52%
CIVIC CENTER $86,518 $28,576 $57,942 67%
FIRE $398,853 $237,972 $160,881 40%
POLICE * $1,983,000 $1,028,586 $954,415 48%
STREETS $463,700 $187,145 $276,555 60%
BUILDING $170,000 $86,396 $83,604 49%
ENGINEERING $10,050 $11,703 -$1,653 -16%
PLANNING ** $51,050 $33,868 $17,182 34%
PARKS & Cem $156,650 $108,839 $47,811 31%
TOTAL $4,482,181 $2,352,225 $2,129,956 48%
* police incl. 2 grant funded vehicles
**planning incl. annual LAFCO fee
TOTAL EXP incl. PERS UFL payment
City of Jackson
FY 21/22 Status Report (by fund) as of DECEMBER 31, 2021 50% OF YEAR remians.
REVENUES EXPENSES
ADOPTED YTD AS OF BALANCE % ADOPTED YTD AS OF BALANCE % BUDGET 12/31/2021 REMAINING REMAINING BUDGET 12/31/2021 REMAINING REMAINING General Fund $4,663,679 $1,851,680 $2,811,999 60% $4,509,121 $3,114,710 $1,394,411 31% Rec./Pool $26,000 $8,826 $17,174 66% $153,850 $44,436 $109,414 71% Measure M $595,000 $272,790 $322,210 54% $622,000 $282,493 $339,507 55% Sewer $3,103,720 $1,610,551 $1,493,168 48% $3,515,626 $1,095,694 $2,419,932 69% * Water $2,279,000 $1,212,757 $1,066,243 47% $2,902,705 $1,013,342 $1,889,363 65% OVERALL slightly concerning
* SEWER FUND CIP not yet
Attachment: TTHM notice
City of Jackson
Council Meeting Memorandum
Monday, March 28, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Date: March 21, 2022
Agenda Item #8c: Water TTHM Exceedance notice
RECOMMENDATION:
Receive an update and discuss questions and concerns.
DISCUSSION:
A few weeks ago, the City sent out a notice to water customers regarding Total Trihalomethanes (TTHM) test results exceeding standard. Although the drinking water is still considered safe to drink, this notice is required. Upon receiving the notice, staff received some inquires. We thought it might be helpful to have a discussion about the subject. To supplement the standard notice, staff have a brief summary of the situation:
As stated in the notice, Jackson is responsible for the water distribution system while Amador Water Agency (AWA) is responsible for treating raw water and supplying Jackson with quality treated water. When there is a water quality issue in the water we distribute, we always do what we can on the distribution system first, meanwhile coordinate with AWA to rule out any treatment issues. For this TTHM incident, we took all necessary actions timely and thoroughly.
We flushed our system several times, performed additional tests and took necessary samples to investigate. While we were exhausting corrective measures on the distribution system, we learned from AWA that there were issues at the treatment end which seemed to be the root cause of our high level TTHM. We trusted that AWA has been working their way through in resolving the issue. But we were obligated to notify our customers that our water system exceeded standards for TTHMs.
Fortunately, the exceedance was small and did not pose an immediate risk. The TTHM level was slightly above standard by 5 ug/l. It means that the water we distributed contained 5 parts per billion extra TTHM in every liter of water. 1 part per billion measures 1 millionth of a gram.
The water remains safe to drink and only poses health risk when the problem persists over years (which is not the case here at all). No boil water action is necessary for customers. Early indicators suggest a significant decrease in TTHM levels. We are hopeful that our water will meet standards soon. We will continue to update our customers until this issue is resolved.
Item 8c Water TTHM Exceedance Notice