Jackson City Council Agenda
Monday, August 28, 2023 – 6:30 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Teleconference Line: 1-650-419-1505
Meeting ID/Access Code: 690493939
Join online using this link: https://v.ringcentral.com/join/690493939 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. 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).
2. 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.
3. CONSENT CALENDAR.
Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. a. Approval of the August 14, 2023 Meeting Minutes.
b. Approval of Expenditure Report in the amount of $2,023,475.65. c. Approval of PG&E Public Safety Power Shutoff (PSPS) License Agreement for Jackson Civic Center.
d. Resolution No. 2023-31 Approving the Department of Forestry and Fire Protection Agreement for the FY 2023/24 Volunteer Fire Assistance Grant.
e. Resolution No. 2023-32 Certifying the 2023 Sewer Spill Emergency Response Plan. f. Authorization for City Manager to sign the Gascon Right of Entry for the French Bar Road Bridge Project.
g. Resolution No. 2023-33 Accepting the Completion of Public Improvements for the Amador Street Water Main Replacement Project, and Filing a Notice of Completion and Authorizing Recordation Therefore.
4. 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.
Jackson City Council Agenda Monday, August 28, 2023
2 5. 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.
6. DISCUSSION CALENDAR.
a. Discussion and possible approval of Oro de Amador Cattle Pasture Lease Agreement amendments and authorization to post an RFP [Deputy City Clerk, Carleen Kirkpatrick]. b. Discussion and possible direction regarding Animal Related Services with Amador County [presentation by Jon Hopkins, General Services Director for Amador County]. c. Discussion on Marilyn C Van Horn property (Parcel No. 044-010-074-000) and the U.S.
Environmental Protection Agency as a potential site for a new City park.
7. ADJOURNMENT.
Regular meeting adjournment.
8. CLOSED SESSION.
• PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
• CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Mackey v. City of Jackson, Amador Superior Court
9. CLOSED SESSION ADJOURNMENT.
UPCOMING MEETINGS:
September 11, 2023 7:00 pm City Council Meeting
September 13, 2023 10:00 am Cemetery Committee Meeting
September 18, 2023 6:30 pm Planning Commission Meeting (TBD) September 25, 2023 7:00 pm City Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICES:
September 4, 2023 Labor Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us
for copies of previous agendas, minutes and City budget.
CITY OF JACKSON
City Council Meeting Minutes
August 14, 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
Chris Mynderup, Interim City Manager/Police Chief
Bree Wilder, Public Works Superintendent
Dale Fishback, Interim Fire Chief
Carleen Kirkpatrick, Deputy City Clerk
Mayor McLean called the meeting to order at 6:33 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor McLean led the Pledge of Allegiance.
1. CEREMONIAL
• Introduction and swearing in of Police Sergeant promoted to Police Captain: Jose Arevalos.
Police Captain Arevalos was sworn in by City Clerk John Georgette, introduced by Interim City Manager/Police Chief Christopher Mynderup, and his badge was pinned on by his brother.
2. APPROVAL OF AGENDA.
Motion to approve the City Council Agenda dated August 14, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
3. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
Virginia Manner (Jackson Creek HOA) – Expressed gratitude to the City Council for their continued concern, especially to Max Godde for attending their most recent HOA meeting concerning an upcoming vote for the expensive repairs to a portion of the creek near their community.
item 3a
August 14, 2023 City Council Meeting Minutes
Godde was able to answer many of their questions, setting residents at ease. She also expressed gratitude to PW Superintendent Bree Wilder for helping to make arrangements and being present on Monday with the CalFire boys camp during the creek clean up.
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 July 10, 2023 and July 24, 2023 Meeting Minutes. b. Approval of Expenditure Reports in the total amount of $333,606.00. c. Approval of Payroll Expenditure Report in the amount of $970,752.21. d. Receive Treasurer’s Report for May 2023.
e. Receive Jackson Building Department Monthly Report for July 2023. f. Receive Jackson Fire Department Monthly Report for July 2023. g. Receive Jackson Police Department Monthly Report for July 2023. h. Resolution No. 2023-30 Approving Lot Line Adjustment of APN’s 044-060-021, 023, 024 & 025 (1665, 1635 & 1601 Tunnel Hill Drive).
i. Approval of SEIU Local 1021 Side Letter Agreement regarding MOU, COLA 3%, retroactive to July 1, 2023.
j. Approval of JPOA Side Letter Agreement regarding MOU, COLA 3%, retroactive to July 1, 2023.
k. Approval of JPFA Side Letter Agreement regarding MOU, COLA 3% increase, retroactive to July 1, 2023.
l. Approval of Special Event Permit Application – Jackson Lion’s Club 2023 Halloween Parade.
m. Receive Sewer Sanitation Management Plan Annual Report 2023.
Motion to approve the Consent Calendar dated August 14, 2023 as presented. Moved by Councilmember Stimpson, seconded by Councilmember Godde, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
5. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
Public Works Superintendent, Bree Wilder – PW was able to address a water leak due to an old steel line with a hole in it on Endcot Avenue last week, along with another leak on Peek Street above the Vet Clinic. The Caltrans maintenance agreement for sidewalk sweeping is pending approval in the next couple weeks, increased from $15k to $34k, resulting in the street sweeper being covered at $120/hour versus $30/hour. Interim City Manager Mynderup and Wilder met with Caltrans a couple weeks ago regarding right of ways in the creeks, which they may be able to assist with in 2-3 months. Wilder chose
August 14, 2023 City Council Meeting Minutes
not to wait 2-3 months and moved forward with CalFire to clear the creeks for the homeowners instead.
Caltrans is also stating 6-8 years before they will conduct dredging in the creeks. Councilmember Gonsalves inquired about completing dredging and Wilder advised City is not giving up and looking to every possible solution available. Mayor McLean inquired about Fish & Game and Wilder advised City has a 12-year permit to do some removal in the creeks, but we are currently still in bird nesting season.
A biologist came out to look for bird nests and there are still nests by City Hall on the bridge to watch through the 31st. Clearing has occurred from South Avenue to the Best Western, and from the Jackson Creek residential area to the construction area at the French Bar Bridge. CalFire’s group has 11 class 1 guys that are making great progress here since they are not cleared to leave the county for fires. Meeting with FEMA on August 22nd for sewer lines and manhole stabilization in the creeks. Civic Center project at City Hall is complete and council meetings will return there next meeting. New trash cans have been donated by ACES (arranged by HJBA) and were installed by PW on Main Street. They were delivered with plastic bags and Wilder connected with ACES to have plastic totes installed in place of bags soon. *Councilmember Gonsalves advised a thank you letter needs to be sent to ACES.
Interim Fire Chief, Dale Fishback – There was a small wildland fire (grass area) in town last week at 1029 North Main Street, possibly due to smoking residents. They had a rule requiring people to smoke at least 20 feet away from the residence (putting them in dry grass), and FD recommended they make a safer smoking area moving forward. Note: CalFire engine crossed Starks Lane successfully. The replacement ladder truck has arrived at Station 132, is currently being branded with Jackson emblems and equipment, and will be in service in the next few weeks.
Interim City Manager / Police Chief, Chris Mynderup – Resulting from Assembly Bill 178 in 2022, the Officer Wellness and Mental Health Grant Program was enacted, providing $50 million to city and county LE agencies. City of Jackson was awarded $15,000 of that to establish a wellness program, and they have implemented the Cortico wellness app (part of Lexipol who prepares the policy and procedure manual). Cortico’s app is available for confidential use 24/7 to sworn, professional, and volunteer staff and their families, providing numerous wellness resources including self-assessments, health tips, diets, etc. It is also connected to the city EAP program, County Chaplain services, and will be connected to the upcoming peer support group. Cortico tracks the services utilized, though not the users who utilize them. The service cost $2000/year, which the grant will cover for many years before city needs to consider budgeting to continue it. A conditional job offer was made to Graciela Razo last week, pending backgrounds (physical and psychological evals). Councilmember Godde asked if this would bring PD to full staff, and Mynderup advised it does with the exception of the additional position for a full-time detective they will be gaining. After Ms. Razo is on board and trained, they will begin the recruitment/hiring process for a promotion to the detective position, and/or backfilling an officer position.
No report for Interim City Manager.
City Attorney, Josh Nelson – No report.
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.
August 14, 2023 City Council Meeting Minutes
Councilmember Godde – Attended the Jackson Creek HOA meeting on Sunday when they voted to hire a contractor to restore the wall/bank along their side of the creek, costing $3500/homeowner. Work will begin within the month. Councilmember Stimpson inquired if any of their insurance would help cover this cost, and Virginia Manner responded they are not. [Ms. Manner had additional comments that this clerk has been unable to decipher, due to resident not speaking into a mic.] Attended the Kennedy Mine Foundation monthly meeting- they are preparing for a fundraiser dinner this Saturday to help start phase 2 of the Kennedy head frame restoration. He has connected with John Berchtold (recruiter for permanent City Manager. Attended (the end of) the Cemetery Committee meeting last week.
Councilmember Gonsalves – No report.
Councilmember Stimpson – Air District and LAFCO meeting are upcoming. Recently met with Frank Axe and others at a self-help road tax meeting for an initiative that may be coming up on the ballot. He attended the Economic Development Committee meeting last month, with the next meeting coming up on August 30th.
Vice Mayor Simmons – No report.
Mayor McLean – Attended Amador County Transportation Commission meeting and the Amador County Transit Committee meeting. Attended Chamber mixer at the Preston Castle and presented Jackson Fitness opening within Jackson city limits. The Beautification meeting is coming up along with a Chamber of Commerce meeting tomorrow morning, which they may get someone from the Beautification committee to attend to present on plans for the arch across Main Street they are working on getting funding for.
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. Receive, discuss and provide direction regarding (verbal) report from the Homeless Outreach Coordinator regarding the City’s response to homeless issues.
Christine Platt/ Homeless Outreach Coordinator – Caltrans removed a homeless encampment under the bridge near Grocery Outlet on August 4th and posted no trespassing signs which can now be enforced. PD will monitor to ensure it doesn’t get repopulated. Mayor McLean advised the new owners of the National Hotel are appreciative of these efforts. McLean advised he stopped by/connected with the Caltrans PIO and took a picture of seven or eight mattresses being removed from under the bridge. McLean advised there is funding through Caltrans for beautification projects under their freeways to deter homeless, and he has the Creek Walk in mind to apply for some of these funds. Christine advised the Caltrans Regional Supervisor for multiple counties was present on the clean up day and complimented her and the City of Jackson on their homeless programs and situation in this city. PD is in process of hiring the PT Homeless Outreach position, and hopefully she will pass and be introduced at the next meeting. Last week,
August 14, 2023 City Council Meeting Minutes
Christine helped relocate another individual back with their family in Redding as well. She just attended the first in person Homeless Task Force meeting since she began this position, after only attending zoom meetings for so long- there were some excellent discussions and she hopes for some continued progress.
b. Wheel #1 restoration plan presentation. Verbal presentation by Bill Brawn, Kennedy Mine Foundation [Requested by Councilmember Godde].
William Brawn presented on the progress of the Tailing Wheel No. 1 restoration since the partial collapse in 2017. The tailing wheels were constructed in 1914 to lift the tailings from the Kennedy Gold Mine over several small ridges to the Oro de Amador property, which the city now owns. The wheels were shut down during World War 2 due to the war effort along with the mines. The tin was stripped off the buildings that protected the wheels, leaving the wooden frames exposed and two of the wheels collapsed in 1961 and 1971. Wheel 1 and 4 were left standing. Wheel 4 has since been preserved and Wheel 1 has endured great damage due to the elements and is in need of restoration.
The project goal is to replace the support timbers and reinstall the original bearings under the wheel axles. Brawn presented a model of the wheel, explaining the mechanics of the restoration process in greater detail. Brawn advised there are some trees that need to be removed which will obstruct the work, and Linda has been working with Logging Logan (local tree service). Additional dirt work on the cliff side will also need to be completed. Vice Mayor Simmons inquired if the wheel is resting on the ground now, and Brawn advised the wheel is sitting in the axle cross forms. Mayor McLean advised council would like to continue to be kept in the loop regarding this restoration. Linda advised the Community Foundation has a historical preservation fund and is taking donations, with $30k right now. Project will need approximately $40k to complete, which Mayor McLean advised between the city and county they should be able to reach. Vice Mayor Simmons advised Brawn to connect with Rich Hoffman at the Amador County fairgrounds regarding redwood from the horse stalls that are being taken apart soon, which may be able to be used for this project. Council thanked Mr. Brawn for his detailed update on the wheel.
c. Public Hearing: Delinquent Utilities Charges and Resolution No. 2023-24 Approving and Confirming the Delinquent Charges and Requesting County to Collect.
Mayor McLean opened the public hearing, asked for public comment, and received none. Interim City Manager Chris Mynderup advised there are four properties for a total of $6,556.10 to be sent to the county tax roll. Finance Manager Dalacie Blankenship advised the customers receive five billings before water gets turned off, along with multiple attempts to contact property owners. Out of 2500 accounts for water in the city there were four the city has been unable to collect for a substantial amount of time. All four are vacant properties. Councilmember Gonsalves inquired if these four properties are for only this past fiscal year and Blankenship confirmed.
Mayor requests a motion.
August 14, 2023 City Council Meeting Minutes
Motion to approve Resolution No. 2023-24 Approving and Confirming the Delinquent Charges and Requesting County to Collect dated August 14, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
d. Revisit Pickleball Club request for funding to restripe the Mike Daly Memorial Tennis Court to enable four pickleball courts along with the tennis court. Update: ACRA to fund half of the project.
ACRA Director Justin Howard advised ACRA will fund half the cost of the pickleball restriping project. Council thanked Mr. Howard for ACRA’s willingness to help. City Attorney Josh Nelson advised Mr. Sweet confirmed both bids received include the payment of prevailing wage to workers on the project, so it is no longer an issue. Justin Howard inquired if the city would like ACRA to take the lead on the project and invoice the city for half of the cost. Council agreed. Keith Sweet thanked ACRA and City of Jackson. Sweet asked Howard if they need to go back out to bid and Howard advised they do not and ACRA can provide a deposit if needed to get the project rolling.
Mayor requests a motion.
Motion to approve partnering with ACRA to fund up to half of the Pickleball Club request for funding to restripe the Mike Daly Memorial Tennis Court to enable four pickleball courts along with the tennis court utilizing City Park-In-Lieu funds dated August 14, 2023 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
8. REGULAR MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 7:45 p.m.
9. CLOSED SESSION.
• CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 1 case (claim by St. Katherine Drexel Parish)
August 14, 2023 City Council Meeting Minutes
• PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
10. CLOSED SESSION ADJOURNMENT.
Mayor McLean adjourned the meeting at 8:45 p.m. to 6:30 p.m. on August 28, 2023.
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved
Item 3b
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LICENSE AGREEMENT
(PUBLIC SAFETY POWER SHUTOFF)
This License Agreement ("License Agreement") is made and entered into this 28th day of August, 2023 (the "Effective Date") by the CITY OF JACKSON, a political entity of the State of California, hereinafter called "LICENSOR," and PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called "PG&E." PG&E and LICENSOR are sometimes hereinafter each singularly referred to as “PARTY” and collectively as “PARTIES”.
R E C I T A L S:
A. LICENSOR owns the certain real property commonly known as Jackson Civic Center, 33 Broadway Street, Assessor's Parcel Number 020-263-005-000, hereinafter called the "Property," located in the City of Jackson, County of Amador, State of California. The Property includes an upper level parking lot ("Parking Lot") containing approximately 10+ parking spaces and a ground level parking garage (“Parking Garage”) that contains 30+ spaces.
B. PG&E desires to partner with LICENSOR in connection with a/an County or City designated emergency event ("Emergency Event"). For purposes of this License Agreement, an "Emergency Event" means an event, natural or human-caused, that requires an emergency response to protect life or property. Examples of Emergency Events include but are not limited to a Public Safety Power Shutoff Event (“PSPS Event”) described further below, significant earthquake, wildland fire, major heat event or winter storm requiring a warming or cooling center, significant wind event, major gas leak or gas-related fire, cyber incident that slows system response times, or other events of this scale.
a) For purposes of this License Agreement, a "PSPS Event" means the existence of one or more environmental conditions creating extreme fire danger that results in the shutoff of power for public safety. Examples of PSPS Events include but are not limited to red flag warnings issued by the United States National Weather Service, low humidity levels, high winds, and dry vegetation.
C. The PARTIES desire to memorialize this mutual understanding and agreement for making the Property available to PG&E in connection with an Emergency or PSPS Event.
NOW, THEREFORE, for good and valuable consideration, LICENSOR and PG&E agree as follows:
1. Grant of License. Subject to the terms and conditions set forth in this License Agreement, LICENSOR grants PG&E, and its employees, contractors, agents, and representatives ("PG&E's Representatives") and PG&E's customers the right to use the License Area described in EXHIBIT A attached hereto (the "License Area") and certain interior areas of the Property in connection with an Emergency or PSPS Event, together with rights of ingress and egress to and from the License Area, and the right to use certain exterior areas of the Property as set forth below. All of the activities of PG&E and PG&E's Representatives pursuant to this License Agreement are referred to herein as "PG&E's Activities."
2. Use of License Area; Interior Common Areas of the Property; Personnel.
Item 3c
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(a) Use of License Area. During Use Days (as defined in Section 5 below), PG&E and PG&E's Representatives and customers shall have the exclusive right to use the License Area as a customer resource center. Services to be provided in the License Area may include, among other things, providing PG&E customers with water and snacks and the ability to charge phones and get up-to-date information on outages. Typical operating hours of the customer resource center shall be 8:00 am to 10:00 pm. PG&E and PG&E's Representatives shall have the right to set up tables and chairs in the License Area. (b) Interior Common Areas of the Property. PG&E and PG&E's Representatives and customers shall have the nonexclusive right, during Use Days, to use hallways, stairways, restrooms, and other interior common areas of the Property. PG&E and PG&E's Representatives shall also have the right to install temporary directional signage in the common areas of the Property. PG&E shall not impede or restrict LICENSOR’s or its invitee’s use of routes of ingress and egress and shall conduct its activities to avoid conflicts and congestion with other concurrent events and uses at the Property. (c) Personnel. During Use Days PG&E shall have the exclusive right to access the License Area, up to twenty-four (24) hours per day. Hours for use to PG&E customers shall be from 8:00 am to 10:00 pm. On Use Days, the License Area shall be fully staffed by PG&E and its representatives, at PG&E’s sole cost and expense. PG&E shall provide uniformed unarmed security at its cost and expense to ensure the protection of its equipment, the safety of the public and to prevent any damage to the Property.
3. Staging Area; ADA Drop-off & ADA Parking; Customer Parking. (a) Staging Area. During Use Days, PG&E and PG&E's Representatives shall have the nonexclusive right to use the exterior area of the Property shown on EXHIBIT A in the Parking Garage for vehicle staging (the "Staging Area") to support the operation of an indoor customer resource center in the case of an Emergency Event or PSPS Event. PG&E and PG&E's Representatives shall have the right to park mobile vehicle units and other vehicles.
PG&E shall deliver equipment, supplies and materials to the License Area and park vehicles in Parking Garage.
(b) ADA Drop-off & ADA Parking. PG&E and PG&E’s customer shall have the exclusive right to use portions of the Parking Lot shown on EXHIBIT A as ADA Drop-off for ADA customer loading and unloading. PG&E’s customers shall have the exclusive right to park vehicles in portions of the Parking Lot shown on EXHIBIT A ADA Parking during Use Days for customers traveling alone that cannot use the ADA Drop-off. (c) Customer Parking. PG&E, PG&E’s Representatives and PG&E’s customers shall have the nonexclusive right to use the exterior area of the Property shown on EXHIBIT A Parking Garage (the “Customer Parking”). PG&E shall install temporary signage to direct customers to park in the Parking Garage.
4. Generator. LICENSOR hereby grants PG&E the right to use the existing generator owned by LICENSOR (the “Licensor-Owned Generator”) installed at the Property in the Parking Garage depicted in EXHIBIT A “Parking Garage” during Use Days. Except to the
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extent caused by the negligence or willful misconduct of PG&E or PG&E's Representatives, LICENSOR releases PG&E and PG&E’s Representatives from, and LICENSOR agrees to indemnify, defend, and hold PG&E and PG&E Representatives harmless from and against, any and all Claims (as defined in Section 10 below) relating directly or indirectly to the Licensor-Owned Generator, including, but not limited to, any failure or malfunction thereof.
Except during a PSPS Event, LICENSOR shall operate the Licensor-Owned Generator, and LICENSOR shall at all times remain responsible for maintaining and repairing the LicensorOwned Generator in compliance with all applicable laws, including, but not limited to, maintaining any necessary permits. LICENSOR agrees that PG&E may utilize the Licensor-Owned Generator during a PSPS Event in the License Area, without payment of any additional fees or charges by PG&E.
5. Term. This License Agreement shall be for a term of three (3) years, commencing on October 1, 2023 (the “Commencement Date”) and expiring on September 30, 2026 (the “Termination Date”). Notwithstanding the term of this License Agreement, PG&E anticipates that it will use the License Area and the Staging Area on an occasional basis, if at all, for periods of approximately two (2) to ten (10) days at a time. The days (including any partial days) during which any of PG&E's Activities are occurring in or on the License Area or the Staging Area are referred to herein as "Use Days." During Use Days, PG&E shall have the exclusive right to use the License Area and the Staging Area twenty-four (24) hours per day.
6. License Fee. PG&E shall pay a license fee ("License Fee") of Nine Hundred Dollars ($900.00) per day for each Use Day.
(a) If the LICENSOR cancels another event upon notification from PG&E and the PSPS Event is cancelled, with no License Fee received, there will be a charge of One Thousand Dollars ($1,000.00).
7. Priority Scheduling. PG&E shall give LICENSOR at least twenty-four (24) hours' prior notice (the "Emergency Event or PSPS Notice" collectively “Notice”) of the dates and times that PG&E desires to access and use the Property in connection with an Emergency Event or PSPS Event. Within four (4) hours after receipt of a Notice, LICENSOR shall confirm receipt of the Notice. PG&E's use of the Property in connection with an Emergency Event or PSPS Event shall take priority over other uses and events, except LICENSOR council/planning commission meetings (“Council/Planning Commission Meetings”). If another use or event is scheduled at the Property that would conflict with PG&E's use of the Property during the dates and times specified in the Notice, LICENSOR shall cancel such event. LICENSOR acknowledges that PG&E may give LICENSOR multiple Notices during any calendar year. (a) Council/Planning Commission Meetings. PG&E acknowledges that LICENSOR holds Regular Council Meetings on the second (2nd) and fourth (4th) Monday of each month and Regular Planning Commission Meetings every third (3rd) Monday with the potential for a Regular Council/Planning Commission Meeting to be held on the Tuesday if the Monday is an observed holiday. PG&E shall not request access to use the Property in connection with an Emergency or PSPS Event should the Emergency or PSPS Event dates and times conflict with Council/Planning Commission Meeting schedule.
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8. Use of License Area and Staging Area.
(a) As Is. To LICENSOR'S current actual knowledge, the Property complies with all laws, including the Americans with Disabilities Act and other accessibility laws. PG&E accepts the License Area and the Staging Area "AS-IS," "WHERE-IS" and "WITH ALLFAULTS," subject to all applicable zoning, municipal, county and state laws, ordinances, and regulations governing and regulating the use of the License Area and the Staging Area. PG&E may request LICENSOR to perform alterations, repairs, or improvements to the License Area and the Staging Area, but PG&E understands and agrees that LICENSOR shall not be obligated to make any such alterations, repairs or improvements at any time. Except in the event of an emergency, PG&E shall not make any alterations, repairs or improvements to the Property without the prior written consent of LICENSOR, which consent shall not be unreasonably withheld, conditioned or delayed.
(b) Use. PG&E shall exercise reasonable care in the conduct of PG&E's Activities in the License Area and the Staging Area. Without limiting the generality of the preceding sentence, PG&E shall maintain the License Area and the Staging Area in reasonably neat and orderly condition during Use Days; provided, however, that LICENSOR, as part of the License Fee and without additional compensation, shall provide all necessary janitorial services to the License Area and common areas during Use Days, including, but not limited to, removing trash and stocking restrooms with supplies. PG&E shall not use the License Area or the Staging Area or permit anything to be done in or about the License Area or the Staging Area during Use Days that will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirement relating to the use or occupancy of the License Area or the Staging Area. During Use Days, PG&E shall not allow the License Area or the Staging Area to be used for any unlawful or objectionable purpose, nor shall PG&E cause, maintain or permit any nuisance in, on or about the License Area or the Staging Area. (c) Mechanic's Liens. PG&E shall keep the Property free and clear of all mechanic's liens arising, or alleged to arise, in connection with any work performed, labor or materials supplied or delivered, or similar activities performed by PG&E or at PG&E's request or for PG&E's benefit. If any mechanic's liens are placed on the Property in connection with PG&E's use or PG&E's Activities, PG&E shall diligently pursue all necessary actions to remove such liens from title, either by payment or by recording a lien release bond in the manner specified in California Civil Code Section 8424 or any successor statute. (d) Restoration. Upon PG&E's ceasing to use the License Area and the Staging Area in connection with a particular Emergency or PSPS Event, PG&E shall remove all personal property of PG&E from the License Area, remove all vehicles, personal property, debris and waste material of PG&E and PG&E's Representatives from the Staging Area, and repair and restore the License Area and the Staging Area as nearly as reasonably possible to the condition that existed prior to PG&E's entry hereunder.
9. Notices. All notices under this License Agreement shall be sent by email to the addresses set forth in EXHIBIT B. In addition, LICENSOR will provide PG&E with telephone or cellphone numbers of staff in calling order to contact in an emergency as set forth in
16213.106 4849-6712-2099.4
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EXHIBIT B. EXHIBIT B shall be updated as needed to reflect current names and contact information.
10. Indemnity. Except to the extent caused by the negligence or willful misconduct of LICENSOR, its officers, agents, or employees, PG&E shall indemnify, defend and hold harmless LICENSOR and its governing body, officers, agents, and employees from and against all claims, losses, actions, demands, damages, costs, expenses (including, but not limited to, reasonable attorneys' fees and court costs) (collectively, "Claims") that are caused by PG&E's Activities, or the entry on, occupancy or use of, the Property by PG&E or PG&E's Representatives under this License Agreement, including, but not limited to, Claims relating to (i) injury to or death of persons, including, but not limited to, employees of LICENSOR or PG&E; (ii) injury to the property of LICENSOR, and (iii) violation of any applicable federal, state, or local laws, statutes, regulations, or ordinances by PG&E or PG&E's Representatives. In no event, however, shall PG&E be liable for any indirect or consequential damages or for loss of profits or other revenue, loss of goodwill, or loss of use. The indemnification obligations of PG&E under this Section 10 shall survive the expiration or earlier termination of this License Agreement.
11. Insurance. PG&E shall at all times during the Term of this License Agreement, self-insure for PG&E's Activities pursuant to this License Agreement in accordance with EXHIBIT C.
12. Miscellaneous.
(a) Governing Law. This License Agreement shall in all respects be interpreted, enforced, and governed by and under the laws of the State of California. (b) Attorneys' Fees. Should either party bring an action against the other party, by reason of or alleging the failure of the other party with respect to any or all of its obligations hereunder, whether for declaratory or other relief, and including any appeal thereof, then the party which prevails in such action shall be entitled to its reasonable attorneys' fees and expenses related to such action, in addition to all other recovery or relief. (c) No Waiver. Any waiver with respect to any provision of this License Agreement shall not be effective unless in writing and signed by the party against whom it is asserted. The waiver of any provision of this License Agreement by a party shall not be construed as a waiver of a subsequent breach or failure of the same term or condition or as a waiver of any other provision of this License Agreement. (d) Counterparts. This License Agreement may be executed in identical counterpart copies, each of which shall be an original, but all of which taken together shall constitute one and the same agreement.
(e) Authority. Each party to this License Agreement warrants to the other that it has the right and authority to enter into and to perform its obligations under this License Agreement, without the consent of any third party, and that the person signing below is authorized to bind such party.
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(f) Interpretation. This License Agreement shall be construed according to the fair meaning of its language. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement. (g) Exhibits. The following exhibits are attached hereto and incorporated herein by this reference:
EXHIBIT A – License Area
– ADA Parking and ADA Drop-off
– Staging and Customer Parking
EXHIBIT B – Notices
EXHIBIT C – Statement of Self-Insurance Program
(h) Electronic Signatures. This License Agreement may be executed by electronic signatures (e.g., using DocuSign or e-SignLive) or signatures transmitted in portable document format ("pdf"), and copies of this License Agreement executed and delivered by means of electronic or pdf signatures shall have the same force and effect as copies hereof executed and delivered with original manually executed signatures. The parties may rely upon electronic and pdf signatures as if such signatures were manually executed originals and agree that an electronic or pdf signature page may be introduced into evidence in any proceeding arising out of or related to this License Agreement as if it were an original manually executed signature page.
(i) Successors and Assigns. This License Agreement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors, and assigns of each party.
(j) Entire Agreement. This License Agreement supersedes all previous oral and written agreements between and representations by or on behalf of the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This License Agreement may not be amended, except by a written agreement executed by both parties.
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IN WITNESS WHEREOF, the parties have executed this License Agreement as of the date set forth below each signature, effective upon the Effective Date first written above. "PG&E"
PACIFIC GAS AND ELECTRIC COMPANY,
a California corporation
By:
Name: Donald Kennedy
Its: Manager, Land Acquisition
Date:
"LICENSOR"
CITY OF JACKSON
a political entity of the State of California
By:
Name: Christopher Mynderup
Its: Interim City Manager
Date:
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EXHIBIT A
Jackson City Services Office – Top Level
Parking Garage (non-exclusive)
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EXHIBIT B
NOTICES
TO LICENSOR:
Any notice to Licensor, including the notice to be given pursuant to Section 7 of the License Agreement, shall be sent to Dale Fishback, Fire Chief at the following:
Email address: [email protected] Phone Number: 209-256-4431 In addition, in the event of an emergency, PG&E shall contact the following persons in the order set forth below:
Chris Mynderup Phone: 209-660-7040
Weekends and After Hours: Dale Fishback 209-256-4431
TO PG&E:
Any notice to PG&E, including the notice pursuant to Section 7 of the License Agreement shall be sent to Jessica Melton at the following email address:
[email protected], cc’ing [email protected].
PG&E contacts for use during emergency use and post emergency for claims and reimbursements:
CRC Help Line: 916-760-5369
Jessica Melton, Land Consultant, PG&E
(925) 655-7085 – cell
[email protected] – email
Alex Grant, Program Manager, PG&E
(707) 331-2466 – cell
[email protected] – email
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EXHIBIT C
Item 3d
RESOLUTION NO. 2023-32
A Resolution of the City Council of the City of Jackson Certifying the 2023 Sewer Spill Emergency Response Plan WHEREAS, the State Water Resources Control Board has adopted Order No. WQ 2022- 0103(SSSWDR), requiring all public wastewater collection system agencies in California that own or operate a collection system comprised of more than one mile of pipe or sewer line, which convey untreated wastewater to a publicly owned treatment facility, to convert their existing Overfow Emergency Response Plan(OERP) to an Spill Emergency Response Plan(SERP); and WHEREAS, the City of Jackson is subject to Order No. WQ 2022-0103, which also requires that the City Council take action to approve the Spill Emergency Response Plan; and WHEREAS, the City of Jackson adopted its orignal OERP in Janaury 2008 and made updates periodically; and
WHEREAS, the last update was in August 2022 and the new order was signed December 6th 2022; and
WHEREAS, implemetnation of the OERP/SERP has led to much improvements to the Ctiy’s sewer collection and treatment system; and
WHEREAS, the City of Jackson hired DKF Solutions Group, LLC to convert the OERP to an SERP adhering to all new regulations, procedures set forth by Order No. WQ 2022-0103.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson does hereby certify the Spill Emergency Response Plan attached hereto as Exhibit “A” and authorizes and directs the City Manager to amend the Sanitary Sewer Management Plan as necessary to reflect current regulatory requirements and best practices.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Steve McLean, Mayor
ATTEST:
John Georgette, City Clerk
Item 3e
Exhibit A
Sewer Spill Emergency Response Plan
(The Sewer Spill Emergency Reponse Plan is attached on the following pages.)
item 3f
Item 3g
RESOLUTION No. 2023-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSON
ACCEPTING THE COMPLETION OF PUBLIC IMPROVEMENTS FOR THE
AMADOR STREET WATER MAIN REPLACEMENT PROJECT, AND FILING A
NOTICE OF COMPLETION AND AUTHORIZING RECORDATION THEREFORE WHEREAS, the contractor of work, Campbell Construction General Engineering, Inc., completed all work according to the plans and specifications on May 27, 2022; and WHEREAS, the improvements consisted of replacing the Amador Street watermain; and WHEREAS, the improvements have been completed to the satisfaction of the City Engineering Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson does hereby accept the completed public improvements and authorizes the City Engineer to file a Notice of Completion with the Amador County Recorder.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of August, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF JACKSON
____________________________
Steve McLean, Mayor
ATTEST:
____________________________
John Georgette, City Clerk
CITY OF JACKSON
OFFICE OF THE CITY ENGINEER
_______________________________
When recorded, mail to:
City Manager
City of Jackson
33 Broadway
Jackson, CA 95642
NOTICE OF COMPLETION
CITY OF JACKSON
NOTICE IS HEREBY GIVEN of the completion of a Work of Improvement as follows:
Date of Completion: May 27, 2022
Name and Address of the Owner: City of Jackson, 33 Broadway, Jackson, CA 95642 Nature of the Interest or Estate of the Owner: Owner in fee simple.
Description of the Site: City of Jackson, Amador Street Water Main Replacement Name and Address of the Contractor for the above Work of Improvement: Campbell Construction, 175 Sutter Hill Road, Sutter Creek, CA 95685.
General Statement of Kind of Work Done or Materials Furnished: Waterline Replacement.
CITY OF JACKSON – OWNER
By_______________________________________
Christopher Mynderup, Interim City Manager
CHRISTOPHER MYNDERUP declares:
I am the Interim City Manager of the City of Jackson, the municipal corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that I make this verification on behalf of said municipal corporation; that I have read this Notice of Completion and know the contents thereof, and that the facts stated therein are true.
I declare under penalty of perjury that the foregoing is true and correct. Executed at Jackson, California this 28th day of August, 2023.
_______________________________________
Christopher Mynderup, Interim City Manager
CITY OF JACKSON
Council Meeting Memorandum
Monday, August 28, 2023 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Carleen Kirkpatrick, Deputy City Clerk
Date: August 25, 2023
Agenda Item #6a: Oro de Amador Cattle Pasture Lease Agreement Recommendation:
That the City Council direct staff to do the following:
1. Extend the Oro de Amador Cattle Lease from one year to two years.
2. Amend the lease to require lessee to cut and maintain a 20-foot firebreak around the entire parcel during fire hazard seasons.
3. Post and advertise an RFP for interested individuals to apply.
Summary and Discussion:
The current lessee, Gib Gianandrea’s, original one year cattle pasture lease agreement period ended on January 31, 2022. In December 2022, the City granted an extension on Gianandrea’s lease for another year, which is coming to an end on December 31, 2023.
In 2023, the City received multiple fire hazard complaints/concerns from residents bordering the Oro de Amador pastureland and Jackson Fire Department responded, cutting a 20-foot firebreak around critical areas of the parcel to help prevent wildland fire dangers to the surrounding communities. Staff recommends amending the new lease to require lessee to cut and maintain a 20-foot firebreak around the parcel during fire season each year.
Staff recommends amending the cattle pasture lease to allow for a two-year agreement rather than a one-year agreement with the next lessee, in an effort to reduce the frequency of lessee’s need to move cattle or request an extension and allow for staff to re-post biannually.
Attachments:
Oro de Amador RFP (to be posted)
Proposed Oro de Amador “amended” Cattle Pasture Agreement
item 6a
1 CITY OF JACKSON
Solicitation of Cattle Pasture Bids
for
the Oro De Amador Property
GENERAL INFORMATION
The City of Jackson (hereinafter “City”) is seeking bids for the use of the Oro de Amador Pasture area, and will receive bids in the City Manager’s office, 33 Broadway, Jackson, California, 95642, by 3:00 p.m., on November 3, 2023.
The land to be used by the successful bidder is described in this Request for Bids. The general use includes the use of 147 acres of property for Cattle Grazing. A blank agreement is attached herein to describe the accepted use and terms of the lease.
Bids shall be submitted and clearly marked as follows: “Cattle Pasture Bid – Attn: Carleen Kirkpatrick.” Bids shall include Bidder’s contact information.
All responsive bids shall be reviewed and evaluated by the City in order to determine which bid best meets the City’s criteria for this Project.
Bid shall be firm for a period of thirty days and shall be accompanied by a notarized non-collusion affidavit (see attached “NONCOLLUSION AFFIDAVIT FORM”). Bidders must indicate any proposed exceptions to the enclosed agreement. Please note that material exceptions may result in a bidder being deemed non-responsive.
The City reserves the right to reject any and all bids or waive any irregularities in any response or process.
Carleen Kirkpatrick, Deputy City Clerk
City of Jackson
33 Broadway
Jackson, CA 95642
PROJECT DESCRIPTION
The City of Jackson owns the 147 acre “Oro de Amador” property within the city limits. Since early 2000, the City has allowed the grazing of this property. An agreement is attached that describes the terms and conditions of the use. The eventual use of the property will be sports, recreation and other municipal purposes.
2 SELECTION PROCESS
City staff will review all bids and, if appropriate, discuss responses prior to making a recommendation to the City Council for approval.
EVALUATION CRITERIA
All bids will be reviewed by City staff. The City reserves the right to interview selected bidders.
It is anticipated that if any interviews are necessary, they will be scheduled prior to the November 27, 2023 City Council meeting. The highest bid (in terms of dollars per year) is likely to be the selected contractor recommended to the City Council.
The City does reserve the right to cancel this solicitation for any reason without any liability or to waive irregularities at its discretion. This solicitation does not constitute a contract offer of employment or offer of purchase. The City makes no representation that any contract will be awarded to any respondent to this solicitation. The City also reserves the right to reject any and all responses at its sole discretion. The contract, if awarded, will be awarded to the individual / firm who is considered to offer the best value to the City and will be determined on responsiveness, completeness of services and price.
QUESTIONS
Questions regarding this solicitation are to be directed by e-mail to Carleen Kirkpatrick, Deputy City Clerk at [email protected]. Interested persons should submit questions in writing prior to 3:00 p.m. on October 27, 2023. A response will be issued as soon as possible.
3 This Non-collusion Affidavit shall be executed by the proposer and notarized and shall be submitted with its proposal.
******************************************************************************
NONCOLLUSION AFFIDAVIT FORM
STATE OF CALIFORNIA )
) ss.
County of ______________ )
__________________________, being first duly sworn, deposes and says that he or she is ________________ of______________ __________________________________ the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
My bid shall be firm, remain open and available for acceptance by City for a period of thirty days from its submittal.
I certify (or declare) under penalty of perjury that the foregoing is true and correct. ___________________________________________
Signature of Bidder
4 CATTLE PASTURE AGREEMENT
by and between
the City of Jackson
and
_________________________
This Cattle Pasture Agreement (“Agreement”) is entered into by and between the City of Jackson (“Lessor”), a California municipal corporation, and ___________________ (“Lessee”), on this ___ day of _______, 2023, for the lease of certain real property known as the Oro de Amador property, situated immediately northeast of Jackson and accessed from New York Ranch Road, as depicted in the map attached as Exhibit “A” (the “Property”). The City acquired this property in early 2000. Since then, the city has allowed cattle grazing of this property as cattle grazing activities are beneficial for property maintenance and prevention of wild land fire. For its long-term use, this property has been designated for recreation and other municipal purposes. Design and construction of sports complexes and other municipal structures are expected to occur in next few years. In the interim and on a short-term basis, City continues leasing the property for cattle grazing at its discretion.
Agreement
NOW THEREFORE, with respect to the mutual covenants and considerations set forth herein, the Lessor and Lessee agree as follows:
1. This is a seasonal pasture lease and not a cattle care agreement as all duties for preparing the Property to take in cattle, all feed, water and care, and all cattle handling and management shall be provided by Lessee and none by Lessor.
2. The period of use shall be from January 1, 2024, until December 31, 2025. If, however, in the reasonable judgment of Lessor feed or water resources will not support cattle until December 31, 2025, Lessor shall coordinate with Lessee about removing some or all of the cattle early. There shall be every reasonable effort taken to leave 750 lbs. of residual dry material (RDM) on each acre of the Property. This Agreement may be extended by Lessor for an additional period until December 31, 2026 (or such earlier date as provided above if insufficient water) in its sole option with thirty-days’ written notice to Lessee prior to the expiration of the initial term.
3. The portion of the Property useful for grazing is 147 acres and based on ten acres per cow/calf pair, Lessee may turn out 14 head of cows with calves on the Property.
4. The cattle will bear the registered brand of ______________ and Lessee will notify Lessor 48 hours prior to turn out. The rent shall be a total of $_________ a year.
5. Lessor provides no guarantee as to feed, continued water supply, cattle gain, cattle death or cattle loss except that municipal water is available to hook up on site at this time. Lessee shall be responsible for water usage according to established utility rates and regulations. Lessee shall timely remove any dead animals from the Property. Lessees defend, indemnify, and hold
5 Lessor fully harmless as to any liability associated with this lease, including but not limited to injury or loss on or off the Property due to escaping cattle.
6. Lessee shall maintain an insurance policy insuring against all liabilities with the City of Jackson an expressly named additional insured. Lessee assumes all risk associated with the running of these cattle, which extends to Lessee, his employees, helpers, family and guests.
Lessee expressly agrees to assume risks associated with the Property, specifically including wire, trash, mining equipment, old structures, pits, the dam, and tailing chemicals such as mercury and arsenic. Lessee shall examine the Property and accept possession in its present condition relying on its own inspection and not any representations by Lessor or its agents. Lessee agrees to keep the Property orderly, clean and maintained. Lessee further agrees to remove from the Property at the conclusion of this lease anything placed on the Property.
7. Lessee shall not turn out cattle until all fences and gates are fully maintained and secured to constitute legal fences that can turn cattle.
8. Lessee shall be responsible to create and maintain a minimum of 20 feet wide (or a double dozer line) firebreak around the entire parcel prior to and throughout fire season.
9. Lessee understands that the Property is adjacent to town, housing, public roads, tourist sites and is therefore subject to unauthorized public access, and Lessee acknowledges the necessity of keeping an ongoing vigilant fence maintenance effort.
10. Lessee shall, at all times, fully comply with all laws and regulations governing the operations of his ranching enterprise and as would apply to the grazing of cattle on the Property.
11. Lessor shall have the right to enter and inspect the Property at all times.
12. This lease may be terminated by either party by giving no less than 30 days’ notice.
13. Lessee shall not assign this lease or encumber the Property in any respect.
14. Lessee agrees to pay Lessor all costs, expenses and attorney’s fees if it becomes necessary to enforce any component of this lease or take any default action or to remove Lessee or recover possession of the Property.
15. Lessee agrees not to allow any hunting or the discharge of firearms on the Property.
IN WITNESS THEREOF, the Lessee and Lessor hereto have accepted, made and executed this Agreement upon the terms, conditions and provisions above stated on the day and year first written above.
6 ______________________________
Name
City of Jackson
a California Municipal Corporation:
______________________________
Christopher Mynderup
Interim City Manager Its: ____________
7 Exhibit “A”
Map of the Property
CITY OF JACKSON
Council Meeting Memorandum
Monday, August 28, 2023 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Christopher Mynderup, Interim City Manager
Carleen Kirkpatrick, Deputy City Clerk
Date: August 25, 2023
Agenda Item # 6b: Animal Related Services with Amador County RECOMMENDATION:
Discuss and possibly direct staff on next steps for animal related service options for the City of Jackson.
DISCUSSION:
Currently, the City of Jackson utilizes Amador County for certain animal control related services.
Those services include, but are not limited to, the sheltering and care of all stray dogs picked up by city staff, assistance with the trapping and sheltering of potentially aggressive stray domestic animals, taking in surrendered domestic animals from citizens within the city, assisting with the euthanization of rabid/sick wild animals that can not be done safely by city staff, and assistance with other animal services that are beyond the capabilities of city staff. Currently the county is billing the city for service calls only. The last Animal Control Services agreement between the City and County was entered in on December 14, 2004 and expired three years later. In that agreement, the City agreed to pay for each service call and for the care of each surrendered domestic animal to the shelter by PD, private citizen, or Animal Control. The City was provided a fee schedule for that agreement. For fiscal year 22/23, Amador County Animal Control billed the City for three service calls that required the euthanization of a wild animal. Total cost to the City was $523.79.
On May 30, 2023 Amador County sent a letter to the City of Jackson with a proposed Draft Agreement for Animal Related Services for fiscal year 2023/24 for a total cost of $171,750.00.
Amador County based the amount charged to each city within the county on population percentages, with figures rounded to the nearest dollar.
On August 22, 2023, Interim City Manager/Police Chief Christopher Mynderup met with Chief John Alfred of the City of Ione and Chief Jim O’Connell of the City of Sutter Creek to discuss possible options for animal control services. All three chiefs agreed that Amador County has been gracious with the level of service and assistance provided for city's animal control needs and for the minimal costs charged back to the cities. All three chiefs agree that the County
Item 6b
should be compensated for animal control services but believe the amounts requested, based on population, are exorbitant and do not merit the actual city’s impact on Animal Control. All three chiefs believe the County should provide a better accounting to reflect.
Staff recommends continuing to research alternative animal related service options with the cities of Ione and Sutter Creek prior to consideration of an agreement with Amador County.
Attachments:
Amador County Letter regarding Animal Related Services
Proposed Draft Agreement from Amador County for Animal Related Services
Discussion on Marilyn C Van Horn property (Parcel No. 044-010-074-000) and the U.S.
Environmental Protec�on Agency as a poten�al site for a new City park.
Parcel No. (APN) 044-010-074-000
Property Owner: Marilyn C Van Horn
48 acres
Item 6c