CITY OF
cond CITY OF JACKSON
City Council Meeting Minutes
JACKSON May 22, 2023
ALIFORNIA
Mayor and Council Members John Georgette, City Clerk
Steve McLean, Mayor
Chad Simmons, Vice Mayor Staff Members:
Connie Gonsalves, Council Member Josh Nelson, City Attorney Yvonne Kimball, City Manager
ABSENT: Bree Wilder, Public Works Superintendent
Max Godde, Council Member Dale Fishback, Interim Fire Chief Bob Stimpson, Council Member Chris Mynderup, Police Chief Carleen Kirkpatrick, Administrative Assistant
Mayor McLean called the meeting to order at 7:01 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor McLean led the Pledge of Allegiance.
1. CEREMONIAL
Police Chief Chris Mynderup introduced the following two officers:
• Introduction and Swearing-In of New Employee, Police Officer Michele Hopper. " Introduction and Swearing-In of Jackson Police Officer promoted to Sergeant: Tizok Emilio Del Rio.
Interim Fire Chief Dale Fishback introduced the following three fire personnel:
• Introduction and Swearing-In of New Employee, Jackson Fire Engineer Daniel Fishback. • Introduction and Swearing-In of Jackson Firefighter promoted to Fire Engineer: Roc Craig. • Introduction and Swearing-In of current Jackson Fire Engineer: Francis Digirolamo.
Mayor McLean introduced City Clerk John Georgette, who led the swearing in of the preceding police and fire personnel.
City Manager Yvonne Kimball personally congratulated the police and fire troops, and individually recognized Police Chief Chris Mynderup and Fire Chief Dale Fishback for over 30 years of service.
Mayor McLean adjourned the meeting at 7:24p.m. for a brief recess. [15 MINUTE RECESS FOR CELEBRATION/CAKE FOR NEW AND PROMOTED EMPLOYEES] Mayor McLean called the meeting to order, resuming at 7:37p.m.
May 22, 2023 City Council Meeting Minutes
2. APPROVAL OF AGENDA.
Motion to approve the City Council Agenda dated May 22, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Vice Mayor Simmons, and carried by a 3 to 0 vote:
AYES: McLean, Simmons, Gonsalves
NOES: None
ABSENT: Godde, Stimpson
ABSTAIN: None
3. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note - there is a three (3) minute limit.
Thornton Consolo - Expressed concern regarding enforcement of unpermitted signs and banners in the city, exceeding 90 days. He requested reenacting enforcement and adding this topic to a future council meeting agenda for discussion.
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 May 8, 2023 Meeting Minutes.
b. Approval of the May 12, 2023 Special Meeting Minutes. c. Approval of Expenditure Report in the amount of $93,273.15. d. Receive Treasurer's Report for February and March 2023. e. Receive Quarterly Engineering Periodical Report (Jan-Mar 2023). f. Resolution No. 2023-17 Approving Rebranding the Revitalization Committee to the Economic Development Committee.
Motion to approve the Consent Calendar dated May 22, 2023 as presented. Moved by Vice Mayor Simmons, seconded by Councilmember Gonsalves, and carried by a 3 to 0 vote:
AYES: McLean, Simmons, Gonsalves
NOES: None
ABSENT: Godde, Stimpson
ABSTAIN: None
5. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
May 22, 2023 City Council Meeting Minutes
Public Works Superintendent, Bree Wilder - The pool project is complete and they began filling it with water today about noon. Two separate private sewer lateral projects on Amador Street were completed in two days and went smooth.
Police Chief, Chris Mynderup - Everything went very well at the car show Saturday. A couple minor concerns will be briefed with the Chamber of Commerce to help with set up next year.
School is out in two weeks.
Mayor McLean advised he met with the new owner of the restaurant at the National Hotel during the car show, and she complained about an aggressive confrontation she had with homeless individuals under the bridge recently. She stated police responded but the individuals returned immediately after the police left each time. Business owner Sasha next door stated her business was doing great with the car show wrapping down around her corner, and she also has issues with a homeless individual sleeping at her back door. Sasha advised they are finding marijuana, cardboard, and the individuals are getting more aggressive. Mynderup advised he will connect with Caltrans regarding individuals underneath the bridge since it is state property. They may be able to provide the same level of assistance as they have with Vista Point. Mayor McLean advised the new owner of the National can get a little verbally aggressive in response to the homeless individuals, which can contribute to an unsafe situation.
Interim Fire Chief, Dale Fishback - Expressed thanks to the Chamber of Commerce for hosting the car show. He advised there will be some repositioning of cars next year to increase access for emergency vehicles on Main Street. The insurance company for the ladder truck recently notified the check has been issued and should arrive by the end of the week.
City Attorney, Josh Nelson - None.
City Manager, Yvonne Kimball - There was a good turnout at the car show Saturday. Operation Care's Homeless Resource Fair was also running Sunday and today, having a peaceful time with music, offering eye exams, and no complaints have been filed from the public. City of Jackson has been a sponsor for this event since it began in 2019. Last week she attended Amador School District's career training education showcase- the floral, culinary, and video digital arts presented- and she was very proud of the students' accomplishments. The culinary class prepared a meal that was very nice, and she discussed with the superintendent potentially partnering with the culinary program in the future to prepare meals for an event. The floral program also offers a monthly bouquet subscription. She found these programs to be very useful for the students, encouraging them to be responsible individuals after graduating.
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 - The car show was the biggest ever, with over 206 cars, wrapping around the Broadway bend and into the Ledger Dispatch parking lot. PD brought to their attention the need for a fire lane, and there will be a debriefing at the Chamber of Commerce to plan better for next year. This was the chamber's first year hosting the show, and they have ideas such as bringing cars up 88 and back May 22, 2023 City Council Meeting Minutes
down Water Street for staging purposes rather than have them lined up Highway 49. This causes vehicles to overheat and frustration for car owners. Overall, it was still the best show ever with the largest turnout and more vendors. Fire department did not do as well selling hot dogs this year, as there was a "Wing It" vendor also selling dogs- this could also lead to some better planning ideas next year.
She expressed thanks to Public Works, Police, and Fire for their assistance at the event.
Councilmember Godde - Absent.
Councilmember Stimpson - Absent.
Vice Mayor Simmons - Attended the car show event as a participant, and recognized Chamber of Commerce for doing a great job. He discussed beautification of the bank below the pool with PW Supt.
Wilder last Thursday and plans to donate his time to plant some flowers, expecting this project to get done fairly soon. Mayor McLean inquired about the bank behind the bathrooms, and Vice Mayor Simmons advised they are still working on it.
Mayor Mclean - Attended the car show Saturday and had dinner at Victory Village in the evening.
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. French Bar Bridge replacement project construction contract award (a 100% Federal Highway Grant program).
City Engineer Matt Ospital presented four slides illustrating plans for the French Bar Bridge replacement. The one submitted bid came in at $4.3 million (about $1.5 million over the grant funding), but Caltrans reassured there will be no issues getting the extra funds to finish the project. Caltrans awarded the grant in March/April and many contractors seem to have their work scheduled for the year already. Seven contractors attended the pre-bid meeting. The contractor who submitted the bid has a goal to get the project done this year.
Mayor McLean opened the item for council discussion. Councilmember Gonsalves inquired about purple pipe for redoing the lines. Ospital advised there isn't anything to connect them to within the existing system. Gonsalves inquired about traffic flow/speeding on behalf of residents in the area, and Ospital advised speed bumps were considered but are not the best fit. Vice Mayor Simmons advised vehicles driving up the hill will have to slow down approaching Broadway anyway.
Uspital recommended awarding the contract to the only bidder and get started with the expectation of the remaining funds coming in from Caltrans. He commented that if funds are delayed, the city will have to figure out where the remaining funds will come from until reimbursement. Caltrans would like to see the city's eagerness to keep the project going.
Vice Mayor Simmons, Mayor McLean, and Matt Ospital each agreed the cost of the project could increase considerably if the city delays the project any longer. Caltrans has advised paperwork for the May 22, 2023 City Council Meeting Minutes
remaining funds is processing through headquarters in Sacramento. Simmons stated the subcontractors appear to be regulars in the area with experience on this type of project.
Ospital added they had a really large DBE goal to meet through Caltrans and the contractor exceeded it.
Caltrans requested a Public Interest Finding (PIF) to explain why only one bid was received.
Councilmember Gonsalves inquired that with French Bar Bridge being completed now and South Avenue Bridge to be completed two years after, will the flow improvement at French cause further water pooling/damming at South Avenue? Ospital advised he does not believe so. Vice Mayor Simmons advised the city will need to police the area further up better. Mayor McLean advised Caltrans has agreed to do some dredging at South Avenue. City Manager Kimball gave an update on South Ave. creek discussion with Caltrans. Caltrans told city recently that the city did not qualify for some of the special programs, but the city could do this on their own by looking for a grant such as the FEMA mitigation grant or another nationwide grant. She advised the right of way belongs to Caltrans, the city should not be responsible. She added that there is a zoom meeting to review this item again with Caltrans in June. Ospital agreed and stated hopefully Dana Jorgenson, with the Senator's office can help out with the Caltrans concerns as well.
Mayor McLean asked for public comments and received none.
Matt Ospital clarified with the City Attorney Josh Nelson that he originally intended to award the offer on the condition that they receive the funding, but now he does not think we should wait. Vice Mayor Simmons suggested changing the wording to simply awarding the contract to this contractor (no conditions). Attorney Nelson stated this would be appropriate, with the understanding that the city would be responsible for the difference in funding. City Manager Kimball inquired if the city would need to cover $1 million up front. Ospital advised the Caltrans grant is a reimbursement grant, so the city needs to spend the money first and be reimbursed. The recommendation is to award the contract, begin incurring costs to get reimbursed, and hopefully by the time we get additional $1.5 million funding needed, we will be able to catch up and continue reimbursing.
Simmons and Gonsalves expressed concern over the risk of spending millions of dollars without a commitment. Attorney Nelson advised once the contract is awarded, the city is on the hook for the full amount to the contractor, regardless of reimbursement from Caltrans. Kimball advised she agrees with Ospital that it does appear the city will get the funding from Caltrans eventually but wants to ensure council is comfortable with the city covering the $1.5 million up front for this project. Mayor McLean asked if the contract can be amended to tie Caltrans into that amount.
Nelson advised the challenge would be in asking the contractor to own the risk, which they aren't likely to agree to. Simmons inquired about the retention period and whether city could hold back some of the money and Ospital stated he thinks it is 30 days. Simmons, Ospital, and Nelson clarified it is a 10%/30-day retention on each progress payment. Attorney Nelson asked how long the bid is good for and Ospital advised they have 45 days from the bid opening on May 9th to award the contract. The project itself has 95 working days on the schedule with an interest in beginning work in early July, to be completed around November 17th. Costs are expected to come in at approximately $1.1 million per month over four months. There is currently $3.7 million allocated for construction. Simmons asked if there are penalties for the contractor not completing the work on time. Ospital advised there are liquidated damages at one thousand dollars a day. Finance Manager Dalacie Blankenship advised, based on this timeline, if City Council awards the bid, then Ospital can start on the additional request for funds. She advised the city has $1 million available in local transportation funds to borrow from with council approval that could float some of the project expenses and secure the best price at this time, but she is still concerned about Caltrans' timing due May 22, 2023 City Council Meeting Minutes
to previous lengthy wait times. City Manager Kimball reminded council the grant money is reimbursement (not money in the bank), and while $3.7 million is currently granted for reimbursement the remaining amount is still pending approval. She requested to bring this item back at a special meeting or the next council meeting on June 12'h to allow her time to contact Caltrans about the remaining amount and talk with finance and the senior engineer. Mayor McLean advised he will not be present for the June 12 meeting, but putting together a special meeting before that date could work. Council agreed to continue this discussion as requested. b. Receive, discuss, and provide direction regarding the weed abatement enforcement process.
City Manager Kimball advised of the cross-department operation discussed at the last city council meeting between fire and code enforcement to address weed abatement and requested Admin Assistant Carleen Kirkpatrick to provide an update and explain the process to council. Kirkpatrick referred council to the flowchart in the agenda packet for visual representation of the process. Complaints are received by the fire department for high weeds and they do the initial inspection(s) before referring them to code enforcement. If property owners are nonresponsive to fire, code enforcement will reinspect and issue a Notice and Order with 15 days for compliance. Notices are posted, mailed (regular and certified) to property owners, and a reinspection is scheduled. If upon reinspection the high weeds have not been addressed and the property owner has not contacted code enforcement or made a plan to correct the violation, the city will move forward with eliminating the fire hazard by hiring a contractor to complete work. All costs will be recorded on an abatement cost record sheet and an Abatement Cost Report will be issued to the property owner to recoup costs. Ultimately, if the fees are left unpaid, finance may move forward with including the fines/fees in the yearly county tax roll. The goal of the fire department and code enforcement is to partner with the property owner and encourage them to correct the violations on their own property. However, the abatement process is now in place for those circumstances when contact with the property owner is unsuccessful or the violation is not corrected in a timely fashion. The city has also submitted an ad with the Dispatch Ledger seeking to establish a list of eligible contractors to use on an as needed basis for weed abatements.
Mayor McLean opened the item for council discussion. Councilmember Gonsalves asked if this process can be applied to inhabitable and uninhabitable lots and Kirkpatrick advised it can be applied to any property, vacant or not. Vice Mayor Simmons inquired about residential properties with extremely high weeds and referenced a home posing a fire hazard. Kirkpatrick advised the fire department needs to declare a property a fire hazard before code enforcement can move forward with issuing notices or scheduling an abatement based on the hazard. Kirkpatrick briefly reviewed examples of the notices in the agenda packet with council. McLean advised high weeds can also be reported on the city website.
Gonsalves inquired about city owned properties like Oro de Amador, and asked if the city will be cutting firebreaks around the perimeters. Chief Fishback advised they are obtaining quotes from the dozer operation for cutting next to the mobile home community and to find out what it cost to cut near the Jackson Gate area as well. Council expressed there have been many concerned citizens in this area requesting the weeds to be cut.
Mayor McLean asked for public comments and received none. Councilmembers acknowledged the weed abatement enforcement process as presented.
c. City council regular meeting time discussion.
May 22, 2023 City Council Meeting Minutes
Mayor McLean advised he brought up this item for discussion, to consider moving the meeting time to 6:30p.m. He posited the original time of 7p.m. was likely set to accommodate community members wishing to attend meetings after regular work hours. With consideration that some meetings are running as late as 9 or 9:30p.m., an earlier time might be beneficial. He advised that some city councils meet during the day but those are typically in cities where council are in salaried positions, while most other city councils meet after 5p.m.
Mayor McLean opened the item for council discussion. Councilmember Gonsalves advised she could attend as early as 6:30p.m. based on her work schedule. Vice Mayor Simmons advised he isn't done working until 5p.m. but also acknowledged (in jest) the late meetings cut into his bedtime. Attorney Josh Nelson reported no impact on his schedule and is available to meet anytime. Nelson advised the municipal code is very specific that regular meetings are held at 7p.m. He suggested holding a special meeting at 6:30p.m. for items that don't require a regular meeting, running concurrent with the regular meeting to try out the new time for a while before changing the code through ordinance. Mayor McLean requested some clarification. Nelson advised a second reading of an ordinance would need to occur at a regular meeting as well as employee compensation discussions, for example, but all that would really need to change to start a special meeting at 6:30p.m is a slight change to the agenda.
Council agreed to revisit this topic at the June 12"h council meeting to get input from the other two councilmembers before deciding, and the special meeting times could begin as soon as June 26'h.
Mayor McLean asked for public comments and received none. d. Discussion and possible direction to consider programs/activities to honor Martha Quinn and her 47 years of service as the Jackson Pool Director.
City Manager Kimball introduced the discussion item, advising that Martha Quinn is a household name in Jackson, having taught many of our locals and children how to swim. She retired last year and ACRA ran the pool. This year the pool program has been brought back in house, honoring Martha's legacy.
Water Foreman Trevor Hoaas suggested honoring Martha Quinn for her 47 years of service to the City of Jackson at the pool. Council expressed support for all four suggested ideas in the memo. Kimball suggested composing a proclamation to bring back at next council meeting, combining the first two suggestions, as well as preparing a separate plaque for Martha rather than amending the current one.
Attorney Nelson advised items will be brought back at the next council meeting for a vote. City Manager Kimball reminded council of the photo shoot scheduled for tomorrow at 4:45p.m. at the City Pool, advising that Martha Quinn will be attending.
Mayor McLean asked for public comments and received none.
8. REGULAR MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 8:35p.m.
ATTEST:
sanel Hage 6/223
-
Date Approved