Jackson City Council Agenda
Monday, March 13, 2023 - 7:00 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Teleconference Line: 1-650-419-1505
Meeting ID/Access Code: 073568995
Join online using this link: https://v.ringcentral.com/join/073568995 NOTE: In person public attendance is optional, however there is limited seating due to following the social distancing guidelines. You may participate electronically via 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. PROCLAMATION.
Designation of March 2023 as General Aviation Appreciation Month.
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. 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 the Meeting Minutes for February 13, 2023. b. Approval of Expenditure Report in the amount of $244,543.29 (2/14/23 – 2/27/23). c. Approval of Expenditure Report in the amount of $238,289.46 (2/28/23 – 3/10/23). d. Approval of Payroll Expenditure Report in the amount of $188,586.69. e. Receive Treasurer’s Report for December 2022.
f. Receive Building Department Monthly Report for February 2023. g. Receive Police Department Monthly Report for February 2023. h. Approval of Special Event Permit Application – Motherlode Cruise Car Show. i. Approval of Special Event Permit Application – Bunsen to Beaker 5K Fun Run/Walk. j. Approval of Special Event Permit Application – Dandelion Days. k. Acknowledgment of Letter of Support to Amador Fire Safe Council regarding a fire prevention grant to implement fuel breaks in rural Amador County.
l. Resolution No. 2023-08 Year 2023 City Investment Policy. m. Resolution No. 2023-09 Terminating Local Declarations Related to the Novel Coronavirus (COVID19) Pandemic. n. Acknowledgement of Comments on Amador County Wicklow Way Specific Plan Notice of Preparation of EIR (comment letter was sent and received on 2/28/2023). o. Possible service contract award to All Pro Backflow, Inc for required water backflow testing services.
Jackson City Council Agenda Monday, March 13, 2023
2 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.
6. 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.
7. DISCUSSION CALENDAR.
a. Receive, discuss and provide direction regarding (verbal) report from the Homeless Outreach Coordinator regarding the City’s response to homeless issues. [Christine Platt] b. License agreement with Kennedy Mine Foundation for Tailing Wheel No. 1. c. Cemetery Committee Report – provide status updates and potential requests regarding committee make-up, policies and projects. [Verbal presentation by Chairman Keith Davis] d. Small Business Administration Office of Disaster Recovery presentation on Disaster Assistance Loans for business/residential properties. [Presenter: George Kostyrko/Amador County Liaison U.S.
SBA].
8. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
9. CLOSED SESSION.
• CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9:
5 cases related to January storm event.
• CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN 020-020-040-501(northern corner of the parcel), Jackson Agency negotiator: Yvonne Kimball, City Manager, and Josh Nelson, City Attorney Negotiating parties: Donatelli Family Trust
• PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Manager UPCOMING MEETINGS:
March 20, 2023 6:30 pm Planning Commission Meeting ~ Cancelled March 27, 2023 7:00 pm City Council Meeting
April 10, 2023 7:00 pm City Council Meeting
April 12, 2023 6:30 pm Cemetery Committee Meeting (TBD) UPCOMING CLOSURE DATES FOR CITY OFFICES:
May 29, 2023 Memorial Day
Jackson City Council Agenda Monday, March 13, 2023
3 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 1
CITY OF JACKSON
City Council Meeting Minutes
February 13, 2023
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
Staff Members:
Josh Nelson, City Attorney (Remote)
Yvonne Kimball, City Manager
Bree Wilder, Public Works Superintendent
Police Chief, Chris Mynderup (Absent)
Dale Fishback, Interim Fire Chief
Carleen Kirkpatrick, Administrative Assistant
Mayor McLean called the meeting to order at 7:13 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 February 13, 2023 as presented. Moved by Councilmember Stimpson, seconded by Vice Mayor Simmons, and carried by a 5 to 0 vote:
AYES: Stimpson, Gonsalves, McLean, Godde, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
2. 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.
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.
Mayor McLean opened the meeting for public discussion and received none.
Item 4a
February 13, 2023 City Council Meeting Minutes
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.
Motion to approve the Consent Calendar dated February 13, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson, and carried by a 5 to 0 vote:
AYES: Godde, Gonsalves, McLean, Simmons, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
a. Approval of the Meeting Minutes for January 23, 2023. b. Approval of Expenditure Report in the amount of $172,685.63. c. Approval of Payroll Expenditure Report in the amount of $360,072.13. d. Receive Building Department Monthly Report for January 2023. e. Receive Fire Department Monthly Report for January 2023. f. Receive Police Department Monthly Report for January 2023. g. Resolution No. 2023-04 Approving the Program Supplement No. N008 REV. 2 to the Administering Agency- State Agreement for Federal-Aid Projects No. 10-5141R for the South Avenue Bridge [BRLO-5141(014)] and Realignment with State Route 49. h. Resolution No. 2023-05 Approving Lot Line Adjustment of APN’s 044-060-017, 018, & 019 (1672, 1686 & 1700 Tunnel Hill Drive).
i. Resolution No. 2023-06 Authorizing the Destruction of Certain Damaged Public Records Due to Flooding on December 31, 2022 and in Conformance with Public Records Management Resolution No. 2007-27.
j. Approval of Special Event Permit Application – Kit Carson Mountain Men Days of 49 Wagon Train Parade.
k. Resolution No. 2023-07 Designating City Council to make Determinations of Public Convenience of Necessity (PCN) for Persons/Premises Applying for an Alcohol Beverage Control (ABC) License.
Councilmember Gonsalves inquired about item (i) Resolution No. 2023-06 Authorizing the Destruction of Certain Damaged Public Records Due to Flooding on December 31, 2022 and in Conformance with Public Records. She asked if there were digital copies of the destroyed records that had not met the retention schedule. Manager Kimball said yes.
Councilmember Gonsalves then inquired about item (k) Resolution No. 2023-07 Designating City Council to make Determinations of Public Convenience of Necessity (PCN) for Persons/Premises Applying For an Alcohol Beverage Control (ABC) License. City Manager Kimball requested Administrative Assistant Kirkpatrick respond to this question. Kirkpatrick clarified that the letter designates City Council to make determinations of PCN rather than forfeiting that decision making to the Department of Alcoholic Beverage Control. Council expressed gratitude for the clarification.
February 13, 2023 City Council Meeting Minutes
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 Superintendent, Bree Wilder – None.
Police Chief, Chris Mynderup – Absent.
Interim Fire Chief, Dale Fishback – Dale advised the fire department is currently hiring for one position, seeking the most qualified candidate by listing both the Firefighter and Engineer positions. He advised of a preference to hire an Engineer, pending applicant qualifications. Dale advised two vehicles will be stored at the Corp Yard for a couple weeks, in the instance questions come up regarding inoperable vehicle storage at that location. Dale advised the fire department ladder truck (truck #1) will be back in service in March.
City Attorney, Josh Nelson – Josh advised remote meeting attendance for councilmembers and required staff ends in March. He advised while online attendance can still be provided as an option, required attendees must appear in person after the remote period ends, apart from “just cause” situations such as serious illness/accident, emergency circumstances, etc.
City Manager, Yvonne Kimball – None.
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.
Councilmember Gonsalves – Connie Gonsalves reported she attended the Kennedy Mine mixer and observed the underground tunnel. She encouraged others to check out the Kennedy Mine again if they haven’t been by in a while. Connie advised the Chamber of Commerce will be hosting the annual car show this year, and Mother Lode Cruisers will be able to attend as registrants and have more time to enjoy the show. Connie asked City Manager Kimball if she would be attending the Wicklow Way project’s Scoping Session on 2/14/23 and Kimball advised it is a informational session required by CEQA prior to issuing an Environmental Impact Report (EIR). She will not be attending. The City will have the opportunity to comment on the actual EIR. Yvonne advised she can prepare and submit a letter to County to ensure that the City will be notified of the EIR when it’s available. Mayor McLean and Councilmember Stimpson encouraged this idea.
Councilmember Godde – Max Godde advised he attended the Kennedy Mine monthly meeting and they will be submitting a proposal to lease the land for 3 years in preparation to repair Wheel # 1. Max commented briefly on the ongoing storm damage concerns and stated they are solution minded.
Councilmember Stimpson – None.
February 13, 2023 City Council Meeting Minutes
Vice Mayor Simmons – Chad Simmons advised he attended a closed session at the ACRA meeting and has nothing else to report.
Mayor McLean – Steve McLean advised he also attended the Kennedy Mine mixer. He advised he was unable to attend the ACRA meeting. Steve stated he completed many FEMA site visits with Public Works Superintendent Bree Wilder and did an interview with FEMA on KVGC regarding the storm.
Steve advised of the Days of 49 Wagon Train event is coming up to be held in Historic Jackson and is brainstorming ideas to bring the public out to spend more time beyond just the parade. In jest, he nominated Vice Mayor Simmons to volunteer for a dunk tank.
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 discussions. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussion.
a. Resolution No. 2023-03 Approving ACTC Regional Traffic Mitigation Fee Annual Report. [John Gedney]
John Gedney, Executive Director of ACTC, provided an update and discussed highlights on the ACTC Regional Traffic Mitigation Fee Annual Report. He thanked the City of Jackson for processing and submitting the regional fees to ACTC. The RTMF fund consists of all municipalities and county’s regional development impact fees. The unobligated balance as of June 30, 2022 is $2,897,544 which can be used towards projects. He emphasized that Jackson’s Sutter St. Ext. project is a regional project and has a balance of $330,439 available from the original program commitment.
Mayor McLean opened the item for council discussion.
Councilmember Gonsalves inquired about the school consolidation plan and its impact since ACTC was involved in the discussion. Traffic at the corner of Argonaut Ln and SR 49 is a huge concern.
John Gedney advised the schools are not responding. He advised there are many working parts involved in the schools decision and so far they have not been receptive to ACTC’s comments.
CM Gonsalves also commented on the Wicklow Way Extension project which is also on the RTMF list to be funded. She asked whether this would be moved up in order considering County’s plan for the Wicklow Way property (which has a public hearing scheduled on February 14). Mr. Gedney responded that it is possible once the ACTC board approves the funding list.
John Gedney requested City Council to select a representative to be on the RTMF committee that meets once a year to rank all the projects. Kimball reminded Council that according to City’s practice, since Mayor Steve McLean is on ACTC Board he serves on the Committee as well.
Council agreed.
February 13, 2023 City Council Meeting Minutes
Mayor McLean stated that although it is not on the RTMF list, ACTC has funded the ATP grant application for city’s creek walk. City did not get the grant, but he planned to meet with Caltrans to get some feedback.
City Manager Kimball commented that the City’s Sutter St. Extension project’s design and environmental work is paid for by ACTC’s RTMF program. It is close to completion. However, through the CEQA process, DTSC discovered that city needed to complete a Remedial Action Plan (RAW) for the proposed roundabout area. To complete the RAW would add more time and money to the project. Kimball also pointed out that the estimated construction cost for the roundabout is $10 million. It is not in the budget at this point. An ATP grant funding could be an option.
Mayor McLean asked for public comments and received none. Mayor requests a motion.
Motion to approve the Resolution No. 2023-03 Approving ACTC Regional Traffic Mitigation Fee Annual Report dated February 13, 2023 as presented. Moved by Councilmember Stimpson, seconded by Councilmember Godde, and carried by a 5 to 0 vote:
AYES: Godde, Gonsalves, McLean, Simmons, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
b. Jackson summer public swimming program preparation and operation options - possible authorization to bring programs in house.
City Manager Kimball advised the previous long time pool director Martha Quinn was unable to oversee the pool operations through 2021. In 2022, ACRA stepped in and run city’s pool programs.
City received a great deal of comments to bring the programs back in house in part due to the legacy of city’s programs. Kimball said that upon a recruitment process, City found a couple of capable and dedicated individuals to run the programs. Yvonne introduced Daphne Parker,(tentatively appointed pool director ) to further advise on last year’s program and plans for this season.
Daphne Parker advised she has been a lifeguard for the past four years and mentored under Ms.
Quinnat the pool. Daphne also worked as a manager at the Jackson Pool for ACRA last year. She stated there was a lot of negative feedback regarding the operation of the pool program last year and she and Skylar Dann (another tentatively appointed pool personnel) intend to work together to return to core values at the pool with better communication. Vice Mayor Simmons inquired if Skylar will be back from college for this season, and Daphne advised she will return in May.
Mayor McLean opened the item for council discussion. Council expressed approval of running the programs in house.
February 13, 2023 City Council Meeting Minutes
Mayor McLean asked for public comments and received none. Mayor requests a motion.
Motion to authorize bringing Jackson summer public swimming program back in house (run by City of Jackson) for 2023 season. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 5 to 0 vote:
AYES: Godde, Gonsalves, McLean, Simmons, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
c. Improvement concepts for existing and/or new signs promoting Historic District as related to Design Review Committee meeting. [Mayor McLean]
Mayor McLean advised he has been in contact with the District Manager at Caltrans, and they are okay with the city utilizing the Caltrans owned property at Main Street and 49 near Davenport Properties and Chevron for beautification purposes. Steve discussed this idea with committee members at the Design Review Committee last week and advised they are working together to find mining equipment, statuary, or other items that may be used to promote these locations. Steve advised the “Parking” sign located on 88 leading up to 49 near Bank of America is also being looked at for beautification and suggested possible relocation to the City Hall building at the corner. If the parking sign stays in its current location, it may need to be updated or mining equipment could be placed near it to draw more attention. Steve also advised the Beautification Committee will be meeting at Jackson Realty on the first Thursday of each month at noon.
Councilmember Gonsalves suggested all signage follow a similar color scheme to be uniform around town, and Merzlak Signs should have the designs available.
Councilmember Stimpson advised the city sign located on the hill leading to the Vista Point on 49 was also recently sold and the new owners would like the sign removed.
Councilmember Gonsalves mentioned the hill behind Mel and Fay’s and asked Vice Mayor Simmons about creating a living wall. Vice Mayor Simmons advised spray seeding poppies and other flowers is possible, but the hill would need to be reseeded each year. While acknowledging flowers on the hill would be beautiful, he suggested using gunite instead, and Councilmember Godde agreed this is a good option.
Mayor McLean asked for public comments and received none.
8. REGULAR MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 8:05 p.m.
February 13, 2023 City Council Meeting Minutes
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved
Item 4b
Item 4c
Item 4d
Item 4e
Page: 1 of 4
02/01/2023 - 02/28/2023
Permit # Permit Date Permit Type Description Parcel # Parcel Address Project Cost
Total Fees
Group: Building
9531 2/6/2023 Building Kitchen &
bathroom
remodel
020-282-009-
000
159 BRIGHT
AVENUE
50,000 $1,382.25
50,000 $1,382.25
Group Total: 1
Group: Deck
9529 2/6/2023 Deck BUILD A DECK
AND GATE AT
149 MAIN ST
JACKSON
020-241-008-
000
149 MAIN
STREET
15,000
15,000
Group Total: 1
Group: Electrical
9521 2/1/2023 Electrical EV charger
permit
020-420-032-
000
1534 SOUTH
STATE HWY 49
600 $310.50
600 $310.50
Group Total: 1
Group: Mechanical
9542 2/24/2023 Mechanical Install Mini
Split
020-251-003-
000
20 COURT
STREET
3,000 $215.50
9541 2/24/2023 Mechanical Removal &
replacement of
duct work.
020-252-006-
000
226 WATER
STREET
4,500 $215.59
Permit Report
Item 4f
Page: 2 of 4
9540 2/24/2023 Mechanical Replace 3 ton
gas split
system in
closet/outside,
like-for-like.
020-530-036-
010
618 MILL PLACE 16,899 $235.98
9538 2/22/2023 Mechanical Replacement
of Forced Air
Furnace
020-452-004-
000
152 QUARTZ
CIRCLE
3,000 $370.50
27,399 $1,037.57
Group Total: 4
Group: Plumbing
9536 2/17/2023 Plumbing Replace water
line from
street to house
020-332-027-
000
126 GORDON PL 2,500 $215.50
2,500 $215.50
Group Total: 1
Group: Remodel
9526 2/3/2023 Remodel Raise Floor &
Windows. Add
one window.
Raise
electrical.
020-490-011-
000
557 CLINTON
ROAD
17,000 $906.43
9525 2/2/2023 Remodel Raise floor &
Windows. Add
one window.
Raise
electrical.
020-490-010-
000
551 CLINTON
ROAD
17,000 $906.43
34,000 $1,812.86
Group Total: 2
Group: Reroof
9546 2/28/2023 Reroof Demo & reroof020-332-018-
000
119 GORDON PL 10,000 $314.25
9527 2/3/2023 Reroof Tear off,
Reroof.
020-232-001 206 Circle Dr. 17,000 $391.23
27,000 $705.48
Group Total: 2
Group: Solar
9545 2/27/2023 Solar KOURY -
SOLAR PV
044-530-016-
000
2102 THOMAS
DR
6,800 $488.28
9544 2/24/2023 Solar Roof Mount PV
Solar
10.270kW with
(26) Canadian
Solar CS3N395MS
Modules & (1)
020-441-014-
000
826 PIONEER
CIRCLE
45,980 $497.50
Page: 3 of 4
SolarEdge
SE7600H-US
Inverter
9543 2/24/2023 Solar Solar Install.
16 Panels.
5.760kW
020-217-001 320 Alma Ave 10,000 $470.25
9539 2/22/2023 Solar ROOF SOLAR -
22 MODULES -
8.8 KW
044-075-001-
000
10404
ARGONAUT DR
26,400 $608.58
9537 2/21/2023 Solar ROOF SOLAR,
MODULE QTY
25, DC 9.875
kW.
044-064-002-
000
10444
ARGONAUT LN
25,000 $506.30
9533 2/16/2023 Solar Roof mount
solar - 3.95
kW - 10
modules
020-441-019-
000
137 QUARTZ
CIR
11,850 $563.60
9532 2/14/2023 Solar ROOF SOLAR -
8 MODULES -
DC 3.16KW
910-001-515 20 Rollingwood
Dr. #183
9,480 $520.88
9530 2/6/2023 Solar Solar 020-332-029-
000
118 GORDON
PLACE
19,000 $620.56
9528 2/3/2023 Solar Roof Solar,
Module QTY
21, DC 8.295
kW
044-460-030-
000
1570 KILHAM
COURT
24,885 $511.18
9524 2/1/2023 Solar INSTALLATION
OF ROOF
MOUNTED PV
SYSTEM -
11.48 KW (27
MODULES)
WITH (N)100A
LOAD CENTER
AND (N)225A
MAIN PANEL
UPGRADE
020-198-009-
000
315 COURT
STREET
24,490 $512.18
9523 2/1/2023 Solar Roof Mount PV
Solar 5.925kW
with (15)
Canadian Solar
CS3N-395MS
Modules & (1)
SolarEdge
SE5000H-US
inverter
020-441-015-
000
834 PIONEER
CIRCLE
21,980 $506.95
9522 2/1/2023 Solar roof Mount
Solar, 6.57kw
System Size,
18 PV Modules
044-440-011-
000
10513
RIDGECREST
DRIVE
17,000 $502.16
Page: 4 of 4
242,865 $6,308.42
Group Total: 12
Group: Swimming Pool
9535 2/17/2023 Swimming
Pool
Spa re-plaster
only
020-410-042-
000
101 CLINTON
RD
3,500 $394.64
3,500 $394.64
Group Total: 1
Group: UG Utility
9534 2/17/2023 UG Utility Underground
Utility at Alpine
& Ponderosa
2,324 $232.25
2,324 $232.25
Group Total: 1
405,188 $12,399.47
Total Records: 26 3/10/2023
The Building Department processed 26 total permits in February, which is four more permits than in January. Total number of permits for the new year is 48. Permit Valuation is $405,188 which is up from last year at $355,010. Total Fees collected are $12,399.47.
The Building Department and the City of Jackson would like to welcome Jeff Taylor as the Building Inspector.
Jackson Police Department
To: Honorable Mayor and Members of City Council
From: Chris Mynderup, Chief of Police
Subject: Monthly Activity Report – February 2023
Date: March 1, 2023
Total Number of Incidents 661
Calls for Service 266
Officer Initiated Incidents 395
Police Reports 65
Arrests 16 (12 Misdemeanor, 4 Felony)
Traffic Collisions 4 (3 non-injury, 1 hit & run)
Assault & Battery 1
Disturbance of the Peace 24
Public Intoxication 3
Driving Under the Influence 1
Child Abuse Investigations 2
Elder Abuse Investigations 1
Sexual Crimes 1
Missing Persons 1
Domestic Incidents 10 (1 arrests)
Coroner’s Case 0
Mental Health Detention 2
Burglary 1
Item 4g
Robbery 0
Grand/Petty Theft 7
Vandalism 1
Vehicle Theft 1
Arson 0
Traffic Stops 95 (21 citations: 17 infractions 4 misdemeanor) Warrant Cites/Arrests 6
Security Checks 211
School Related Calls 11
Transient related contacts 49
Total Incidents Year to Date: 1401
Total Calls for Service YTD: 549
Total Officer Initiated YTD: 852
Comparison to 2022
Total Incidents for February 2022 718
Total Calls for Service February 2022 249
Total Officer Initiated February 2022 469
Total YTD Incidents up to February 2022 1444
Total YTD Calls for Service up to February 2022 513
Total YTD Officer Initiated up to February 2022 931
Item 4h
Item 4i
MEMORANDUM
To: Honorable Mayor and Members of City Council
From: Chris Mynderup, Chief of Police
Date: March 1, 2023
Subject: Special Event Permit Approval – Dandelion Days Recommendation
That City Council approves the Special Event/Parade Permit Application for Dandelion Days, submitted by the Jackson Lions Club. Dandelion Days is scheduled this year for March 18 – 19, 2023 from 8:00 am to 6:00 pm.
Discussion
Dandelion Days set-up will be on Friday, March 17th, 2023, beginning at approximately 5:00 pm. The event will be open on Saturday, March 18th through Sunday, March 19th.
Event hours will be 8:00 am to 6:00 pm on both days.
Dandelion Days is a rather peaceful event with relatively low police activity and other emergency service needs. The anticipated number of attendees is 5,000 per day.
Volunteers from the Argonaut High School Football Team will provide afterhours security monitoring and after event cleanup.
Street Closures
Historic Main Street from the furthest north curb line prolongation proximate the front of the Jackson Fire Station, south to California Street at Main Street, El Dorado Savings parking lot to Highway 49, Court Street at Main Street, Wells Fargo Bank parking lot to Highway 49, Broadway at Summit Street, the Bank of America parking lot and Petkovich Park. The Jackson Lions Club shall provide traffic/parking controls on Broadway for the Civic Center garage parking lot. Other traffic control measures will be in place to prevent unlawful parking in areas surrounding the event. The Main Street and Highway 49 intersection will remain open to vehicular traffic just north of California Street.
The Lions’ HQ trailer will be set up at Main and Broadway, March 15, 2023 and a temporary STOP sign is needed. Parking will be restricted on Main Street from Friday pm to Sunday pm.
Item 4j
Alcoholic Beverage Venue – Beer/Spirits Garden:
The Jackson Lions Club requests permission to operate and sell beer, wine, and spirits from a portable beer/wine booth (Beer Garden). The location will be within the parking lot (Logan’s Alley) adjacent to the west side of the National Hotel. The proper ABC permit has been obtained and is in order. The Jackson Lions Club is responsible for adherence to all respective ABC laws and regulations within the consumption area and is solely responsible for checking identifications of those purchasing alcoholic beverages.
Impacts:
This event will have significant impact to the City and vehicle/pedestrian traffic. It is anticipated that this event will require the use of most full-time officers, reserve officers and volunteer staff.
Item 4k
CITY OF JACKSON
Council Meeting Memorandum
Monday, March 13, 2023 – 7:00 PM Regular Meeting
TO: Honorable Mayor and Members of the City Council
FROM: Yvonne Kimball, City Manager
Dalacie Blankenship, Accounting Manager
DATE: February 24, 2023
SUBJECT: Public Meeting to Consider the City’s Investment Policy
RECOMMENDATION
That the City Council pass a motion to adopt Resolution No. 2023-08 approving the City’s Investment Policy for Calendar Year 2023.
DISCUSSION
The City Council is required by the California Government Code to annually consider the City’s Investment Policy at a public meeting. With approval of the investment policy, the City Manager or his designee is appointed to carry out the policy.
The City of Jackson currently invests its temporarily idle funds with the State of California Local Agency Investment Fund (LAIF) and CalTRUST. Investment transactions with LAIF and CalTRUST involve only transfers between LAIF or CalTRUST and the City’s checking account. Authorized personnel do not write or authorize checks or receive checks or cash involved in the investment activity.
As of December 31, 2022, the City’s investment in LAIF and CalTRUST totaled $9,493,771.71. The interest rate on LAIF investments as of December was 0.63 percent and the CalTRUST was 2.46 percent.
These rates are significantly higher than the previous years of 0.23% and 0.42%. These two types of investments are market driven and their yield rates are constantly fluctuating.
Additionally, staff reinvested the funds from previously matured CD’s into two new CD’s. Each are for $240,000.00. One is a term of 24 months at a rate of 2.85% and the other is for a term of 36 months at the rate of 3.1%. Both rates are higher than the previous rates. In the calendar year 2022, the City received $10,250.31 in interest income from this investment.
It is recommended that the Council adopt Resolution 2023-08 Investment Policy for 2023. It resembles prior policy and continues to require that the City maintain a cash level to cover 6-months expenditure.
Attachments: Resolution No. 2023-08 2023 Investment Policy
Item 4l
Resolution No. 2023-08
A Resolution of the City Council of the City of Jackson Adopting the City Investment Policy
WHEREAS, the City Council has the final authority to invest surplus funds pursuant to Government Code Section 53601; and
WHEREAS, the City Council may delegate its investment authority to the City Manager (or their designee) and explicitly provide what investments the City Manager (or their designee) is or is not allowed to make in accordance with the annual investment policy; and WHEREAS, the City Council desires to so delegate and adopt its Investment Policy for the 2023 calendar year to invest in authorized programs, including the Investment Trust of California (CalTRUST), the California Local Agency Investment Fund (LAIF) and certain certificates of deposits programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jackson as follows:
1. The City Manager (or their designee) is hereby appointed to carry out the investment policy as set forth in Exhibit “A” attached hereto.
2. The City Manager (or their designee) shall submit periodical reports to the City Council of any and all investments pursuant to the Investment Policy.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 13th day of March, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Steve McLean, Mayor
ATTEST:
___________________________
John Georgette, City Clerk
EXHIBIT “A”
STATEMENT OF INVESTMENT POLICY
CITY OF JACKSON
PURPOSE:
This statement is intended to provide guidelines for the prudent investment of the City’s temporarily idle cash, and outline the policies for maximizing the efficiency of the City’s cash management system. The ultimate goal is to enhance the economic status of the City while protecting its pooled cash.
OBJECTIVE:
The city’s cash management system is designed to accurately monitor and forecast expenditures and revenues, thus enabling the City to invest funds to the fullest extent possible. The City attempts to obtain the highest yield obtainable as long as investments meet the criteria established for safety and liquidity.
SCOPE:
It is intended that this policy cover all funds and investment activities under the direct authority of the City of Jackson.
POLICIES:
General Rule: The City of Jackson operates its temporarily pooled idle cash investments under the prudent man rule (Civil Code Section 2261, et. seq.). This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 53600, et. seq.).
1. Safety: The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. Safety is the most important criteria for deciding where and when to invest City monies.
2. Liquidity: This refers to the ability to convert the investment to cash at any time with a minimal chance of losing some portion of principal or interest.
3. Yield: This is the potential dollar earnings an investment can provide, and sometimes is described as the rate of return. Yield becomes a consideration only after the basic requirements of safety and liquidity have been met. Any investment in any security that could result in a zero interest accrual if held to maturity is prohibited.
GUIDELINES OF AUTHORIZED INVESTMENTS:
1. Local Agency Investment Fund (LAIF). The investment with LAIF may not, by State regulation, exceed $40 million. LAIF transactions cannot exceed fifteen (15) per month.
2. Investment Trust of California (CalTRUST). CalTRUST is a Joint Powers Authority organized pursuant to the California Joint Exercise of Powers Act.
3. United States Treasury notes, bonds, bills, or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest.
4. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises.
5. Nonnegotiable certificates of deposit issued by a nationally chartered bank, a bank chartered by the State of California or a foreign banking corporation authorized pursuant to Section 1756 of the California Financial Code.
6. Negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association, a state or federal credit union, or by a federally licensed or state-licensed branch of a foreign bank.
7. Deposits of any bank or savings and loan association provided such deposits are fully insured by the Federal Deposit Insurance Corporation.
INVESTMENT PROGRAMS:
The City is required to annually hold a public meeting to consider the City’s investment policy.
Previous City policy to invest all funds with the California Local Agency Investment Fund (LAIF) and CalTRUST has been modified for the future to include other programs. It is recommended to continue holding the majority of funds in CalTRUST and LAIF to receive higher interest return and for more immediate access to funds while investing no more than 30% in other programs to achieve its fullest potential a balanced strategy.
At least quarterly, the City Council must be presented a report of City investments. The report shall also include a statement denoting the ability to meet the City’s expenditure requirement for the next six months or provide an explanation as to why sufficient money shall, or may, not be available.
The City Council currently receives a monthly “Treasurer’s Report.” The monthly report provides Council with the combined balances of the investments satisfying this policy. The monthly report also includes a statement regarding the City’s ability to meet the next six months expenditure requirements. The monthly report satisfies the Government Code’s requirement that a report be made at least on a quarterly basis.
Resolution 2023-09
A Resolution of the City Council of the City of Jackson, California Terminating Local Declarations Related to the Novel Coronavirus (COVID-19) Pandemic
WHEREAS, California Government Code Section 8630 empowers the City Council to proclaim the existence of a local emergency to protect and preserve public welfare when the City is affected or likely to be affected by a public calamity; and WHEREAS, the World Health Organization declared COVID-19 a pandemic, and the CDC announced that community spread of COVID-19 was likely to occur in the United States; and WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the state prepare for broader spread of COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States declared the COVID-19 outbreak in the Unites States constitutes a national emergency; and WHEREAS, on March 16th, 2020 by Resolution No. 2020-09, the Jackson City Council declared the existence of an emergency within the City of Jackson caused by COVID-19; and WHEREAS, on October 17th, 2022, the Governor of the State of California declared that California’s declaration of emergency concerning COVID-19 would terminate on February 28th, 2023; and
WHEREAS, Concurrently, Amador County Public Health and Health Officer Rita H. Kerr, M.D., in consultation with the Amador County Sheriff’s Office of Emergency Services (OES), deem the local response to COVID-19 no longer necessitates local emergency status.
Item 4m
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson does hereby terminate Local Emergency Declarations related to COVID-19.
BE IT FURTHER RESOLVED, the adoption of this Resolution rescinds and revokes the emergency authority and power granted to the City by Resolution 2020-09.
The foregoing resolution was duly passed and adopted at the regular meeting of the City Council of the City of Jackson on the 13th day of March, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
____________
Steve McLean, Mayor
ATTEST:
John Georgette, City Clerk
Item 4n
Backflow Testing Services
Staff Recommendation
In February 2023, the City posted a request for qualifications for certified backflow testing and repair services for a 5 year period 2023-2027. The posting was advertised in the Ledger Dispatch on February 3rd and 10th, 2023. It was also emailed directly to contractors who are on our approved backflow tester list. The posting closed at 4:00pm on February 28th, 2023 and is scheduled to be awarded on March 13th, 2023. Staff has reviewed the proposals received prior to the deadline. The proposals are tabulated below.
Contractor Test Price
All Pro Backflow Inc. $50.00
Community Fire Protection (1-100) $70.00 (101+) $60.00
Rocking 3G Livestock $90.00
Staff recommends Council to award the contract to All Pro Backflow Inc., as they have proposed the lowest cost per test. Also, staff are familiar with the company as they provided satisfactory services to us on the last contract in 2020-2022.
Water Department Staff
City of Jackson
Item 4o
CITY OF JACKSON
Council Meeting Memorandum
Monday, March 13, 2023 – 7:00 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Yvonne Kimball, City Manager
Date: March 10, 2023
Agenda Item # 7b: License Agreement for Tailing Wheel No. 1 between City of Jackson and Kennedy Mine Foundation
RECOMMENDATION:
That the City Council approve renewal of the license agreement for Tailing Wheel No. 1 between City of Jackson and Kennedy Mine Foundation.
DISCUSSION:
The Kennedy Mine Foundation and the City of Jackson have a long history in their partnership to preserve history and promote local economy. Tailing Wheel No. 1 is a piece of historic mining equipment located in the city at 1200 N. Main St., Jackson, CA. The Wheel is in need of stabilization and restoration. In 2017, it nearly collapsed, and KMF’s talented and dedicated volunteers were able to stabilize it to some extent. It has been KMF’s objective to continue the work and restore Wheel No. 1. A license agreement was prepared to memorialize the partnership and is recommended for council approval.
Under this license agreement, City agrees for KMF volunteers to conduct work on city property without charge. KMF plans to complete the restoration work within 2- 3 years. KMF also plans to request City financial support for the restoration work at a later date.
Attached is a picture of a tailing wheel in its original state along with the proposed license agreement.
Item 7b
Attachment: Kennedy Mine Tailing Wheel No. 1 in its original condition.
82201.00000\41032863.1
LICENSE AGREEMENT FOR TAILING WHEEL NO. 1
BETWEEN
CITY OF JACKSON AND
KENNEDY MINE FOUNDATION
This License Agreement (“Agreement") is entered into effective March 13, 2023 (“Effective Date”), by and between the City of Jackson, a California municipal corporation with its principal place of business at 33 Broadway, Jackson, CA 95642 (“City”), and Kennedy Mine Foundation, a California non-profit corporation with its principal place of business at 12594 Kennedy Mine Road, Jackson, CA 95642 (“Licensee”). The City and Licensee are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City owns the property Tailing Wheel No. 1 (“Wheel”), a piece of historic mining equipment, to be leased. The Wheel is currently located on real property owned by the City in the City of Jackson, as depicted in Exhibit A attached hereto and incorporated herein by this reference, across the street from the Kennedy Tailing Wheels Park (at 1200 North Main Street, Jackson, CA 95642) (“Property”).
B. Licensee is a non-profit organization dedicated to is to protect, conserve, restore the historic structures, and share the history of the property known as the Kennedy Mine. Licensee desires to store new timbers which were milled for use on the Wheel and to stabilize and partially restore the Wheel.
C. The Parties desire to memorialize the above arrangement regarding Licensee’s use of the Wheel. In consideration for City’s willingness to loan the Wheel to Licensee for nominal charge, Licensee agrees to indemnify, release and hold harmless the City from any and all claims arising from Licensee’s use of the Wheel. The terms of this Agreement shall govern Licensee’s use of the Wheel.
In consideration of the mutual promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows:
1. Incorporation of Recitals. The above recitals are true and correct and are incorporated into this Agreement by reference.
2. Grant of License. The City hereby grants to Licensee a license to use the Wheel for Licensee to stabilize and partially restore the Wheel.
3. Use of the Wheel. The Wheel shall be utilized by Licensee solely for the purpose of Licensee’s stabilization and partial restoration of the Wheel within the Property in collaboration with the City. Licensee shall, at Licensee’s own expense, assume all obligation and liability with respect to possession of the Wheel, and for its use and condition during the lease term. Licensee agrees to consult with and provide City plans regarding stabilization and restoration of the City, and also agrees to provide City with ongoing updates.
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4. Improvements to Wheel. Licensee shall be responsible for all expenses relating to the Wheel during the Term, including, but not limited to: the stabilization, maintenance and restoration of the Wheel, and all other charges in connection with operation of the Wheel. All installations, replacements, and substitutions of parts or accessories with respect to any of the Wheel shall constitute accessions and shall be become part of the Wheel and will be owned by City.
5. Consent for Wheel Use Outside of Property Required. Licensee shall nor move the Wheel within the Property nor outside the Property without the prior written consent of the City, and then only for the purposes of carrying out repairs and/or maintenance to the Wheel.
6. Term. The Term of this Agreement (“Term”) shall commence on the Effective Date and conclude three years later, unless earlier terminated. The Parties acknowledge and agree that the license to use the Wheel granted under this Agreement is revocable and terminable by either Party pursuant to Section 15.
7. Rent. Because City will be benefited by the restoration of the Wheel, a historic piece of mining equipment and local attraction, City agrees to license use of the Wheel to Licensee in exchange for the annual rental payments of One Dollar ($1.00) (“Rent”). The first annual Rent payment shall be made upon execution of this Lease, and the next two annual Rent payments on the anniversary of the Effective Date.
8. City’s Right of Inspection and Repair. City, at its discretion, from 8:00 a.m. until 5:00 p.m., any day of the week, and with four hours’ prior notice to Licensee, shall have the right to inspect the Wheel.
9. Compliance with Laws. Licensee shall agree to comply with all applicable laws, rules and regulations applicable to the use and operation of the Wheel whether in force now or adopted in the future. Licensee shall be responsible for any violations resulting from Licensee’s operation or use of the Wheel.
10. Condition of Access Not Warranted; “AS IS”. Notwithstanding the foregoing, the City does not warrant or represent the Wheel is safe, healthful or suitable for operation. Licensee acknowledges that it has inspected and accepts the Wheel in its present condition as suitable for the use for which this Agreement is granted. LICENSEE’S USE OF THE WHEEL IS SOLELY AT LICENSEE’S OWN RISK. LICENSEE SHALL NOT FILE ANY ACTION, CLAIM OR
LAWSUIT FOR DAMAGES, RESTITUTION OR OTHER RELIEF AGAINST THE CITY IN CONNECTION WITH THE USE OF THE WHEEL.
LICENSEE initials_______
11. Release. Licensee hereby releases, waives, and forever discharges the City, its directors, officers, employees, agents, volunteers, attorneys, successors, and assigns from any and all manner of actions, at law or in equity, suits, debts, liens, promises, liabilities, claims, demands, damages, losses, costs, known or unknown, fixed or contingent (collectively referred to hereinafter as “Claims”), which Licensee now has or may hereafter have against any of the above persons in connection with the Wheel, the use of the Wheel or this Agreement. By releasing and forever
82201.00000\41032863.1
discharging claims, both known and unknown as provided above, Licensee expressly waives any rights under California Civil Code section 1542, which provides:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
LICENSEE initials_______
12. Indemnification. To the fullest extent permitted by law, Licensee shall indemnify, hold harmless and defend the City and its directors, officers, employees, and agents from all claims, damages, expenses, liabilities and judgments for injury to persons, loss of life or damage to property arising from or connected with Licensee’s use of the Wheel or Property. The City shall notify Licensee of any asserted claim with respect to which the City may be indemnified against hereunder and shall deliver to Licensee copies of all process and pleadings pertaining thereto. This indemnity shall survive the termination of this Agreement.
13. Insurance. Licensee shall at all times during the term of this Agreement maintain, at a minimum, the insurance coverage required under this section. Licensee shall not use the Property or the Wheel until it has provided evidence satisfactory to the City that it has secured all insurance required under this section.
(a) Commercial General Liability
(i) Licensee shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01).
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
82201.00000\41032863.1
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status at least as broad as ISO endorsement forms CG 20 10 10 01 and 20 37 10 01.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention (“SIR”), subject to written approval by City, and provided that such deductibles or SIR shall not apply to City as an additional insured. Policies may not be subject to a SIR or deductible that exceeds $25,000 unless approved in writing by City.
Any and all deductibles and SIRs shall be the sole responsibility of Licensee who procured such insurance, and shall not apply to City. City may deduct from any amounts otherwise due Licensee to fund the SIR/deductible.
Licensee’s obligation hereunder for the amount approved by City may be satisfied by selfinsurance upon evidence of adequately funded financial capacity satisfactory to the Parties’ agreement to waive subrogation against City respecting any and all claims that may arise.
Deductible and retention provisions shall not contain any restrictions as to how, or by whom, the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.
Limits may be met by a combination of primary and excess coverage. In the event Licensee or its agents procure excess or umbrella coverage to maintain certain limits requirements outlined herein, these policies shall also satisfy all specified endorsements and stipulations, including (where applicable) provisions that Licensee’s insurance be primary without any right of contribution from City.
(b) Automobile Liability
(i) At all times during the performance of the work under this Agreement, Licensee shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to City.
82201.00000\41032863.1
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City-designated volunteers additional insured status. (iv) Subject to written approval by City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to City as an additional insured, but not a SIR.
(c) Workers’ Compensation/Employer’s Liability
(i) Licensee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions before commencing work under this Agreement. (ii) To the extent Licensee has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, Licensee shall maintain full compensation insurance for all persons employed directly by it to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Licensee shall require all subcontractors to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. (d) Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Workers’ Compensation/ $1,000,000 per accident or disease Employer’s Liability
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. These are the
82201.00000\41032863.1
minimum insurance requirements and do not in any way represent or imply that such coverage is sufficient to adequately cover the Licensee’s liability under this Agreement. The full coverage and limits of insurance or self-insurance carried by or available to Licensee shall be available to City and these insurance requirements shall not in any way act to reduce coverage that is broader or includes higher limits than those required. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and limits and retention carried by or available to Licensee; or (2) the minimum insurance requirements shown in this Agreement, whichever is greater. Any insurance proceeds in excess of the specified minimum limits and coverage required, which are applicable to a given loss, shall be available to City. (e) Evidence Required
Prior to execution of the Agreement, Licensee shall file with City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the Commercial General Liability policy signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. (f) Policy Provisions Required
(i) Licensee shall provide City at least thirty (30) days’ prior written notice of cancellation of any policy required by this Agreement, except that Licensee shall provide at least ten (10) days’ prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, Licensee shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to City at least ten (10) days’ prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Licensee’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the Effective Date of this Agreement. Licensee shall maintain such coverage continuously for a period of at least three years after the Term.
(iv) All required insurance coverages shall contain or be endorsed to provide a waiver of subrogation in favor of City, its officials, officers, employees, agents, and volunteers or shall specifically allow Licensee or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subcontractors.
82201.00000\41032863.1
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve Licensee from liability in excess of such coverage, nor shall it limit Licensee’s indemnification obligations to City and shall not preclude City from taking such other actions available to City under other provisions of the Agreement or law.
(g) Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by City, which satisfy the following minimum requirements:
(ii) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. (h) Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Licensee, and any approval of said insurance by City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by Licensee pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Licensee. (iii) City may require Licensee to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
(i) Subcontractor Insurance Requirements. Licensee shall not allow any subcontractors or subcontractors to commence work on any subcontract until they have provided evidence satisfactory to City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subcontractors shall be endorsed to name City as an additional insured using a form at least as broad as ISO form CG 20 38 04 13. If requested by Licensee, City may approve different scopes or minimum limits of insurance for particular subcontractors or subcontractors.
82201.00000\41032863.1
14. Reimbursement. Licensee agrees to reimburse City in full for any and all damage to the Wheel arising from any misuse or negligent act by Licensee, its officers, employees, agents, and volunteers.
15. Termination. Either Party may terminate this Agreement at any time without cause.
16. Notices. All notices to be given by the Parties shall be in writing, and shall be deemed made when delivered to the applicable Party at the following addresses, or at such other addresses as the Parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered; deposited in the United States Post Office, postage prepaid and registered; or, transmitted by email and upon confirmation of delivery, addressed to the party at follows:
CITY:
City of Jackson
33 Broadway
Jackson, CA 95642
Attn: Yvonne Kimball, City Manager
Email: [email protected]
LICENSEE:
Kennedy Mine Foundation
12594 Kennedy Mine Road
Jackson, CA 95642
Attn: Linda Gonzales, President
E-mail: [email protected]
Either Party may change the mailing address or email address to which notice or communication is to be sent by providing advance written notice to the other Party.
17. Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein.
18. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.
19. Attorneys' Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing Party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
20. Governing Law and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in the Count of Amador, State of California.
21. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed a waiver or binding unless executed in writing by the Party making the waiver.
82201.00000\41032863.1
22. Entire Agreement. This Agreement contains the entire agreement of the Parties relative to the subject matter herein and supersedes any prior or written statements or agreements between the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both Parties.
23. Assignments. Licensee shall not transfer or assign, voluntarily, involuntarily, directly or indirectly, Licensee's interest under this Agreement. This Agreement is personal to Licensee and shall not be assigned by Licensee without prior written consent by the City, and any attempt to assign this Agreement by Licensee without the City’s consent shall be void and grounds for termination of this Agreement. Notwithstanding the foregoing, each and every term and condition of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of both Parties.
24. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.
25. Captions. The captions of the various sections of this Agreement are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement or of any part(s) of this Agreement.
26. Construction. In all cases, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any Party, it being agreed that the Parties or their agents have all participated in the preparation of this Agreement.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first written above.
CITY OF JACKSON, a California municipal
corporation
By: _________________________________
Yvonne Kimball, City Manager
KENNEDY MINE FOUNDATION, a
California non-profit corporation
By: _________________________________
Linda Gonzales, President
82201.00000\41032863.1
Exhibit A
Location of Tailing Wheel No. 1
(see pin marked “1”)
From: Kostyrko, George N.
Sent: Thursday, February 23, 2023 10:23 AM
To: [email protected]; [email protected]
Subject: Request to appear before Jackson City Council on March 6 from the Small Business Administration to Share information with your community, residents and businesses
Attn: City of Jackson, City Manager Yvonne Kimball and City Clerk John Georgette This is George Kostyrko, your liaison for Amador County with the U.S. Small Business Administration Office (SBA) of Disaster Recovery and Resilience with an update for your community on how to access services due to a recent change in your status from contiguous county to primary county.
I am requesting to give a presentation to your city council and city on February 27 to talk about this change and what it means to the community.
Background information (and attached to share with your community) On February 22, the Federal Emergency Disaster Agency added Amador County as a primary county.
As a primary county, Amador County homeowners, renters and businesses are eligible to apply for low interest loans due to physical damage or economic injury as a result of the severe storms and flooding that began December 27, 2022.
Attached please find SBA documents for the California Winter Storms and Flooding federal disaster event.
Specifically, I would like to draw your attention to the fact sheet for information specific to qualifications for loans and loan terms as well as USDA Fact Sheet that may be of interest to your agricultural community and business.
Please share with your community as appropriate, and others who may be affected by the recent storm through any email or web posting activities, as you see fit.
It is very important for applicants to initiate an SBA application to ensure recovery options by the March 16, 2023, deadline. The Economic Injury Deadline is Oct. 16, 2023.
There is no cost or obligation, and eligibility is based on a case-by-case review for each applicant.
Please contact me via cellphone if you have questions or need more information.
George N. Kostyrko
Public Information Officer
Office of Disaster Recovery and Resilience, Field Operations Center – West U.S. Small Business Administration
Cell Phone 571-455-2729
[email protected]
Item 7d
Date: 02/22/2023
Amendment #7
U.S. SMALL BUSINESS ADMINISTRATION
FACT SHEET - DISASTER LOANS
CALIFORNIA Declaration #17757 & #17758
(Disaster: CA-00366)
Incident: SEVERE WINTER STORMS, FLOODING,
LANDSLIDES & MUDSLIDES
occurring: December 27, 2022 through January 31, 2023
in the California counties of: Alameda, Amador, Calaveras, Contra Costa, Mendocino, Merced, Monterey, Sacramento, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Cruz & Ventura; and for economic injury only in the contiguous California counties of: Alpine, El Dorado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Los Angeles, Madera, Mariposa, Placer, San Benito, San Francisco, Santa Clara, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne & Yolo Application Filing Deadlines:
Physical Damage: March 16, 2023 Economic Injury: October 16, 2023 If you are located in a declared disaster area, you may be eligible for financial assistance from the U.S. Small Business Administration (SBA).
What Types of Disaster Loans are Available?
• Business Physical Disaster Loans – Loans to businesses to repair or replace disaster-damaged property owned by the business, including real estate, inventories, supplies, machinery and equipment. Businesses of any size are eligible. Private, non-profit organizations such as charities, churches, private universities, etc., are also eligible. • Economic Injury Disaster Loans (EIDL) – Working capital loans to help small businesses, small agricultural cooperatives, small businesses engaged in aquaculture, and most private, non-profit organizations of all sizes meet their ordinary and necessary financial obligations that cannot be met as a direct result of the disaster. These loans are intended to assist through the disaster recovery period.
• Home Disaster Loans – Loans to homeowners or renters to repair or replace disaster-damaged real estate and personal property, including automobiles.
What are the Credit Requirements?
• Credit History – Applicants must have a credit history acceptable to SBA. • Repayment – Applicants must show the ability to repay all loans. • Collateral – Collateral is required for physical loss loans over $25,000 and all EIDL loans over $25,000. SBA takes real estate as collateral when it is available. SBA will not decline a loan for lack of collateral, but requires you to pledge what is available.
What are the Interest Rates?
By law, the interest rates depend on whether each applicant has Credit Available Elsewhere. An applicant does not have Credit Available Elsewhere when SBA determines the applicant does not have sufficient funds or other resources, or the ability to borrow from nongovernment sources, to provide for its own disaster recovery. An applicant, which SBA determines to have the ability to provide for his or her own recovery is deemed to have Credit Available Elsewhere. Interest rates are fixed for the term of the loan. The interest rates applicable for this disaster are:
Loan Types No Credit Available
Elsewhere
Credit Available
Elsewhere
Home Loans 2.313% 4.625%
Business Loans 3.305% 6.610%
Non-Profit Organizations 2.375% 2.375%
Economic Injury Loans
Loan Types No Credit Available
Elsewhere
Credit Available
Elsewhere
Businesses & Small Agricultural Cooperatives 3.305% N/A Non-Profit Organizations 2.375% N/A
What are Loan Terms?
The law authorizes loan terms up to a maximum of 30 years. However, the law restricts businesses with credit available elsewhere to a maximum 7-year term. SBA sets the installment payment amount and corresponding maturity based upon each borrower’s ability to repay.
Date: 02/22/2023
Amendment #7
What are the Loan Amount Limits?
• Business Loans – The law limits business loans to $2,000,000 for the repair or replacement of real estate, inventories, machinery, equipment and all other physical losses. Subject to this maximum, loan amounts cannot exceed the verified uninsured disaster loss.
• Economic Injury Disaster Loans (EIDL) – The law limits EIDLs to $2,000,000 for alleviating economic injury caused by the disaster. The actual amount of each loan is limited to the economic injury determined by SBA, less business interruption insurance and other recoveries up to the administrative lending limit. EIDL assistance is available only to entities and their owners who cannot provide for their own recovery from non-government sources, as determined by the U.S. Small Business Administration.
• Business Loan Ceiling – The $2,000,000 statutory limit for business loans applies to the combination of physical, economic injury, mitigation and refinancing, and applies to all disaster loans to a business and its affiliates for each disaster. If a business is a major source of employment, SBA has the authority to waive the $2,000,000 statutory limit. • Home Loans – SBA regulations limit home loans to $200,000 for the repair or replacement of real estate and $40,000 to repair or replace personal property. Subject to these maximums, loan amounts cannot exceed the verified uninsured disaster loss.
What Restrictions are there on Loan Eligibility?
• Uninsured Losses – Only uninsured or otherwise uncompensated disaster losses are eligible. Any insurance proceeds which are required to be applied against outstanding mortgages are not available to fund disaster repairs and do not reduce loan eligibility. However, any insurance proceeds voluntarily applied to any outstanding mortgages do reduce loan eligibility. • Ineligible Property – Secondary homes, personal pleasure boats, airplanes, recreational vehicles and similar property are not eligible, unless used for business purposes. Property such as antiques and collections are eligible only to the extent of their functional value. Amounts for landscaping, swimming pools, etc., are limited. • Noncompliance – Applicants who have not complied with the terms of previous SBA loans may not be eligible. This includes borrowers who did not maintain flood and/or hazard insurance on previous SBA loans.
Note: Loan applicants should check with agencies / organizations administering any grant or other assistance program under this declaration to determine how an approval of SBA disaster loan might affect their eligibility.
Is There Help with Funding Mitigation Improvements?
If your loan application is approved, you may be eligible for additional funds to cover the cost of improvements that will protect your property against future damage. Examples of improvements include retaining walls, seawalls, sump pumps, etc. Mitigation loan money would be in addition to the amount of the approved loan, but may not exceed 20 percent of total amount of physical damage to real property, including leasehold improvements, and personal property as verified by SBA to a maximum of $200,000 for home loans. It is not necessary for the description of improvements and cost estimates to be submitted with the application. SBA approval of the mitigating measures will be required before any loan increase.
Is There Help Available for Refinancing?
• SBA can refinance all or part of prior mortgages that are evidenced by a recorded lien, when the applicant (1) does not have credit available elsewhere, (2) has suffered substantial uncompensated disaster damage (40 percent or more of the value of the property or 50% or more of the value of the structure), and (3) intends to repair the damage. • Businesses – Business owners may be eligible for the refinancing of existing mortgages or liens on real estate, machinery and equipment, up to the amount of the loan for the repair or replacement of real estate, machinery, and equipment. • Homes – Homeowners may be eligible for the refinancing of existing liens or mortgages on homes, up to the amount of the loan for real estate repair or replacement.
What if I Decide to Relocate?
You may use your SBA disaster loan to relocate. The amount of the relocation loan depends on whether you relocate voluntarily or involuntarily. If you are interested in relocation, an SBA representative can provide you with more details on your specific situation.
Are There Insurance Requirements for Loans?
To protect each borrower and the Agency, SBA may require you to obtain and maintain appropriate insurance. By law, borrowers whose damaged or collateral property is located in a special flood hazard area must purchase and maintain flood insurance. SBA requires that flood insurance coverage be the lesser of 1) the total of the disaster loan, 2) the insurable value of the property, or 3) the maximum insurance available.
Applicants may apply online, receive additional disaster assistance information and download applications at https://disasterloanassistance.sba.gov/. Applicants may also call SBA’s Customer Service Center at (800) 659-2955 or email [email protected] for more information on SBA disaster assistance. For people who are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services. Completed applications should be mailed to U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
Three Steps
to SBA Disaster
Assistance
Loans
P
O
E
N
If your home or business has been
damaged or destroyed by a federally
declared disaster, you may be eligible for
an SBA disaster assistance loan. These
long-term, low-interest rate loans are
available to businesses of all sizes, private
nonprofit organizations, homeowners,
and renters to repair or replace uninsured/
underinsured disaster damaged property.
1: Apply
Begin by first registering with FEMA at disasterassistance.gov or by calling (800) 621-FEMA (3362). Then apply at disasterloanassistance.sba.gov, in person at any local disaster center, or by calling our Customer Service Center at (800) 659-2955 to request an application by mail. If you are deaf, hard of hearing, or have a speech disability, please dial 7-1-1 to access telecommunications relay services.There is no need to wait for insurance claims to settle or to receive FEMA grants or contractor estimates before applying. You are under no obligation to accept the loan if approved. 2: Application Processed
Application packages and required documents (including credit and income information) will be reviewed for completeness. Eligible applications are sent to SBA’s loss verification team and property inspections may be necessary to decide the total physical damage. A loan officer takes over your case to work with you to receive any additional information, review insurance or other recoveries, and recommend a loan amount. We strive to make loan determinations within 2–3 weeks after receiving complete application packages. 3: Loan Closure & Disbursement
Loan closing documents are prepared for your signature. After receipt of the signed documents, an initial disbursement, up to the following amounts, will be made within 5 business days: up to $25,000 for physical damage; up to $25,000 for economic injury (working capital), which can be in addition to the physical damage disbursement for eligible businesses.A case manager will work with you to answer questions and help you meet all loan conditions. The case manager schedules the disbursement of any remaining loan amount. Loan may be increased up to 20% after closing due to changing circumstances, such as unexpected repair costs or if you receive additional insurance proceeds for the same purposes.
Compare the various disaster assistance loans in the following chart to select the one that fits your situation.
BUSINESSES & NONPROFITS HOMEOWNERS & RENTERS
Physical Damage Disaster Loans
Repair or replace damaged or destroyed real estate, machinery and equipment, inventory, and other business assets. Loans up to $2 million.
Homeowners may use loan proceeds to repair or replace a primary residence to its pre-disaster condition. Loans up to $200,000.
Damaged Personal Property Loans
N/A Homeowners or renters may use loan proceeds to repair or replace furniture, appliances, vehicles, and/or other personal property. Loans up to $40,000.
Maximum Loan Amount The maximum loan for any combination of property damage and/or economic injury is $2 million.
The maximum loan for any combination of real and personal property damage, voluntary mitigation measures, refinancing, and contractor malfeasance (wrongdoing or misconduct) is $840,000.
Can Loans Be Used to Mitigate Against Future Damage? Yes; loans can be increased by up to 20 percent of verified physical damages to add approved mitigation measures. Yes; loans can be increased by up to 20 percent of verified physical damages to add approved mitigation measures to a homeowner’s primary residence.
Interest Rates Low interest rates are fixed for the entire loan term and are set based on the date the disaster occurred. Visit http://www.disasterloanassistance.sba.gov/ela for current interest rates Low interest rates are fixed for the entire loan term and are set based on the date the disaster occurred. Visit http://www.disasterloanassistance.sba.gov/ela for current interest rates.
Maximum Loan Term Up to 30 years based upon repayment ability and SBA policy. There are no prepayment penalties.
Up to 30 years based upon repayment ability and SBA policy. There are no prepayment penalties.
For required documents, go to https://disasterloanassistance.sba.gov/ela/s/article/Paper-Forms
Additional Facts About Applying
Loans may be used for insurance deductibles and required building code upgrades not covered by insurance or for
relocation. It is not necessary to submit the description of upgrades and cost estimates with the application. We may refer you to FEMA’s Other Needs Assistance program if you are denied an SBA disaster assistance loan.
Rebuilding Stronger is Within Reach
Consider making mitigation building improvements to better protect your home, business, or to save lives during future disasters. You can increase disaster assistance loans up to 20 percent of the verified physical damage amount to make improvements. Generally, you have two years after loan
approval to request an increase for higher building costs, code-related upgrades or other mitigation measures. The SBA must approve the mitigation measures before loan increases.
For more information or to find a local disaster center, contact our Customer Service Center at (800) 659-2955
or dial (TTY) 7-1-1.
All SBA programs and services are extended to the public on a nondiscriminatory basis. (05/2022)