Jackson City Council Agenda
Monday, August 26, 2024 – 6:30 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Line (Audio Only): 1-650-419-1505
Meeting ID: 686757749
Please join using this link: https://v.ringcentral.com/join/686757749 Please note that the above information is for remote viewing only. Live remote public comment will not be taken unless required by Government Code section 54953(f). If required, it will be announced by the Mayor.
Should you wish to speak during Public Comment, please plan to attend in person at the address listed above.
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 August 12, 2024 meeting minutes and the August 19, 2024 Special meeting minutes. b. Approval of Expenditure Report in the amount of $538,509.14. c. Resolution No. 2024-27 Awarding the Construction Contract for the City Roofing Project to Brazos Urethane, Inc.
d. Approval of two-year extension to the On-Call Planning Professional Services Agreement with Hauge Brueck Associates through June 30, 2026.
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.
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. Second Reading and Adoption of Ordinance No. 730 amending City of Jackson Municipal Code Section 8.16.010 of Chapter 8.16 of Title 8 to Establish a Maximum Weed Height Outside of Fire Season.
Jackson City Council Agenda Monday, August 26, 2024
b. Discuss and possibly approve stipulated Measure E Agreement with Restore Amador LLC for receipt of TOT Funds.
c. Discuss and possibly approve License Agreement with Amador Community Recreation Agengy (ACRA) for use of the Scout Hut for an after school youth program.
7. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
UPCOMING MEETINGS:
August 28, 2024 1:30 pm Economic Development Committee Meeting September 9, 2024 7:00 pm City Council Meeting
September 11, 2024 10:00 am Cemetery Committee Meeting
September 16, 2024 6:30 pm Planning Commission Meeting (TBD) September 23, 2024 7:00 pm City Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICE:
September 2, 2024 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 previous agendas, minutes and City budget.
CITY OF JACKSON
City Council Meeting Minutes
August 12, 2024
Mayor and Council Members
Steve McLean, Mayor
Chad Simmons, Vice Mayor
Connie Gonsalves, Council Member
Bob Stimpson, Council Member
ABSENT:
Max Godde, Council Member
John Georgette, City Clerk
Staff Members:
Josh Nelson, City Attorney
Carl P. Simpson, City Manager
Chris Mynderup, Police Chief
Dalacie Blankenship, Finance Manager
Bree Wilder, Public Works Superintendent
Carleen Kirkpatrick, Deputy City Clerk
Christine Platt, Homeless Outreach Coordinator
Mayor McLean called the meeting to order at 6:28 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor McLean led the Pledge of Allegiance.
1. CEREMONIAL.
• Recognition for 6 years of service to the Jackson Police Department:
Kelly Perrault
• Introduction of new employees:
Police Clerk: Iesha Graham
Accounting Services III: Regina Odom-Smith
2. APPROVAL OF AGENDA.
Motion to approve the City Council Agenda dated August 12, 2024 as presented. Moved by Councilmember Stimpson, seconded by Councilmember Gonsalves, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
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.
August 12, 2024 City Council Meeting Minutes
Jim Laughton (Jackson Resident) – Expressed concerns regarding the following: dissatisfied with not having zoom participation; requested opening the alley off Kennedy by the St. Sava Church; “Busi” Family name not on the new sign for Busi Parking lot;
Michael Garcia – Expressed concerns with PD response at the Kennedy Tailing Wheels park.
Mayor McLean read an emailed Public Comment item from Amy (blind resident) requesting audio format signage system accommodations via Right Ear and Soundscape for visually impaired individuals to better traverse the parks.
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.
Mayor McLean advised item 4(o) is removed from the Consent Calendar due to staff advising of a lack of required information from the Contractor.
Vice Mayor Simmons advised of a correction that his vote on the June 24, 2024 minutes regarding approval of TOT funds for Restore Amador, LLC was a “no” vote. (Change will be made by Clerk as directed.)
a. Approval of June 24, 2024 meeting minutes and July 24, 2024 Special meeting minutes (minutes updated to reflect correction of vote).
b. Approval of Expenditure Report in the amount of $17,687.12 (June 27, 2024), $754,066.42 (July 12, 2024), $182,263.13 (July 22, 2024) & $441,741.65 (August 9, 2024).
c. Approval of the June Payroll Expenditure Report in the total amount of $$401,027.12. d. Approval of the July Payroll Expenditure Report in the total amount of $1,092,817.85. e. Receive May 2024 Treasurer’s Report.
f. Receive Building Department Monthly Report for June 2024. g. Receive Fire Department Monthly Report for June 2024. h. Receive Police Department Monthly Report for June 2024. i. Receive Building Department Monthly Report for July 2024. j. Receive Fire Department Monthly Report for July 2024. k. Receive Police Department Monthly Report for July 2024. l. Resolution No. 2024-18 Approving and Adopting an Amended Conflict of Interest Code Pursuant to the Political Reform Act of 1974.
m. Receive Sewer Sanitation Management Plan Annual Report 2024. n. Resolution No. 2024-23 Approving ACTC Regional Traffic Mitigation Fee Annual Report. [ACTC Executive Director John Gedney attending with a brief report on relevant programs, if so, move to discussion calendar]
o. Resolution No. 2024-24 Accepting the Completion of Public Improvements for the Pine Street Sewer Replacement Project, and Filing a Notice of Completion and Authorizing Recordation Therefore. Removed from Consent.
p. Resolution No. 2024-25 Accepting the Completion of Public Improvements for the City Sewer Project, and Filing a Notice of Completion and Authorizing Recordation Therefore.
August 12, 2024 City Council Meeting Minutes
q. Acceptance of comparator agencies for Citywide Salary Study by consultant Gallagher & Co.
r. Approval of SEIU Local 1021 Side Letter Agreement regarding MOU, COLA 5%, retroactive to July 1, 2024.
s. Approval of JPOA Side Letter Agreement regarding MOU, COLA 5%, retroactive to July 1, 2024.
t. Approval of JPFA Side Letter Agreement regarding MOU, COLA 5% increase, retroactive to July 1, 2024.
u. Approval of Special Event Permit Application – Jackson Lion’s Club 2024 Halloween Parade.
Motion to approve the Consent Calendar dated August 12, 2024 as corrected. Moved by Vice Mayor Simmons, seconded by Councilmember Stimpson, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
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 – Pine Street Sewer project is complete; Express Sewer & Drain- Sewer CIPP lining project from the Ace Hardware find back in 2017 was completed on time, July 30, 2024- reporting is due end of August, will be sent to City Manager Simpson to sign off tomorrow; Fuel tank closure on Main Street in front of the Krabbenhoft building completed last week, met County needs/dirt samples, may not need any further work for the State Water Board in the future; Sutter Street Drainage: not complete but will open one lane for AM/PM school traffic, should complete by end of month, solid rock has slowed the project/multiple change orders, potentially another month before the parking lot/everything is complete, engineers are taking on cost of change orders/not the City; Signs from Merzlak were installed at Busi lot, highway/49’er parking lot- one remaining at Kennedy Wheels Park.
Vice Mayor Simmons brought up Jim Laughton’s concern for “Busi” name on the parking lot/retrofitting. VM Simmons and CM Stimpson suggested adding a small sign on top with the “Busi” name being added to give recognition for them gifting the land. Wilder agreed it can be added. Mayor McLean requested the sign at the Civic Center parking lot be updated to match the others as well.
Police Chief, Chris Mynderup – Officer Graciela Razo’s last day was August 6th, 2024- she will stay on as a reserve officer for Jackson, 5 applicants pending for oral examinations; Officers Morrison and Hopper both applied for Detective position and as part of their evaluation will complete public presentations to Rollingwood Community at their next monthly meeting; School starting 8/14/24, Community Service Officer volunteer will be working the Sutter Street crosswalk /safety concerns with construction.
August 12, 2024 City Council Meeting Minutes
City Attorney, Josh Nelson – Update on Supreme Court Grants Pass, Oregon case: previous ban on prohibiting camping without adequate shelter beds is no longer applicable- agencies can now ban camping again- the impacts and effects on city responses is still under review and further updates will be provided.
City Manager, Carl P. Simpson – 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.
Councilmember Gonsalves – Economic Development Committee has a couple ideas to enhance the HJBA Christmas Delights event, including a Christmas tree decorating contest at Petkovich Park where trees will be donated to families in need after the contest, EDC desires downtown Main Street to be lit up more; EDC working on a walking tour which includes all the City plaques, which can be downloaded via QR code to a smartphone; discussions have begun about potentially purchasing a vacant lot downtown and contact to be made with the owner of the lot soon; and some other interesting concepts a business developer has brought forward may be coming up soon.
Councilmember Godde – Absent.
Councilmember Stimpson – Working with Air District a lot lately and a LAFCO meeting coming up Thursday.
Vice Mayor Simmons – No report.
Mayor McLean – Numerous County Transportation meetings- been dealing with Sacramento County over a bill that was passed giving Highway 16 between Grant Line Road and Watt Avenue to the County and take it out of the Highway system, lots of pending development in that area (1000+ more homes planned with another 10-15 stoplights), the road expected to be extended another 14 feet reserved for future extra lanes which affect Amador County residents travelling into town for doctors/other appointments.
VM Simmons inquired about the community of “Jackson” they proposed for that area. VM Gonsalves advised a letter of opposition was submitted when it was first proposed.
Mayor McLean attended numerous Main Street Archway meetings; the archway fundraiser dinner has been moved back to Spring to get more input from the community; attended the end of the Christmas Delights meeting and attended the joint Chamber meeting between Calaveras/Amador Counties.
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.
August 12, 2024 City Council Meeting Minutes
a. Receive a verbal report from Amador County Assessor Jim Rooney on real property assessments for the City of Jackson.
Amador County Assessor Jim Rooney and Assistant Assessor Jeff Himmelmann presented a PowerPoint presentation on real property assessments in Jackson. The presentation and handouts are available on the city website with Council Agendas. *Mayor McLean advised he and Jim Rooney will be MCing the Top Cop Fundraiser event on August 24, 2024 and there are still a few openings for additional interested officers to compete.
Mayor McLean opened the item for council discussion and received no comments.
Mayor McLean asked for public comments and received none. b. Public Hearing –
Mayor McLean opened the public hearing.
• Resolution No. 2024-17 Approving and Confirming the Report of Delinquent Utilities Charges and Requesting Amador County to Collect such Charges on the Tax Roll Mayor McLean opened the item for council discussion and received no comments.
Mayor McLean asked for public comments and received none.
Mayor requests a motion.
Motion to approve Resolution No. 2024-17 Approving and Confirming the Report of Delinquent Utilities Charges and Requesting Amador County to Collect such Charges on the Tax Roll on August 12, 2024, as presented. Moved by Councilmember Stimpson, seconded by Councilmember Gonsalves, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
Mayor McLean closed the public hearing.
Mayor McLean opened the public hearing.
• Resolution No. 2024-22 Approving and Confirming the Report of Delinquent Abatement Fees and Requesting Amador County to Collect such Charges on the Tax Roll Mayor McLean opened the item for council discussion and received no comments.
Mayor McLean asked for public comments and received none.
Mayor requests a motion.
Motion to approve Resolution No. 2024-22 Approving and Confirming the Report of Delinquent Abatement Fees and Requesting Amador County to Collect such Charges on the
August 12, 2024 City Council Meeting Minutes
Tax Roll on August 12, 2024, as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
Mayor McLean closed the public hearing.
c. Receive, discuss and provide direction regarding (verbal) report from the Homeless Outreach Coordinator regarding the City’s response to homeless issues [Homeless Outreach Coordinator, Christine Platt].
Christine Platt advised the shower program is still going well and expressed gratitude to PW Supt Wilder for his assistance and picking up some collected trash at the program. The summer is a busier time of year for the showers. There is a lot of unknown regarding the Grants Pass Supreme Court decision. Fortunately, Jackson does not really have camping in our public parks.
Mayor McLean inquired if people camp at the Kennedy Tailing Wheels Park. Platt advised there are people using that area in the daytime in their vehicles but JPD patrols the area well and there is no overnight camping. The gates and bathrooms are locked at night and JPD keeps people moving along from the public spaces.
CM Stimpson asked PW Supt Wilder if he has heard from Cindy regarding getting additional water at the dog park. Wilder advised he has not heard from her recently but she has emailed about adding some dog agility items she bought to the park, btu he did not hear back from her.
There is dog water at the park though no swimming holes/anything. d. Receive information and provide direction on engaging a consultant to review the proposed transfer of Aces Waste Services, Inc.’s solid waste franchise.
City Manager Carl Simpson advised our current agreement with Aces has a provision providing an opportunity to have a third-party consultant (paid for by Aces) evaluate and ensure the service delivery will remain consistent under Republic Services. The Molinelli family has provided excellent service to the City of Jackson over the years.
CM Gonsalves stated the Molinelli’s are very thorough with the legal agreements and does not see a need for them to incur this extra expense.
Paul Molinelli, Jr. (Aces Waste Services) – Stated his preference for Council not to engage a consultant to review the proposed transfer of Aces Waste Services, Inc.’s solid waste franchise as they do not wish to incur the additional expense and advised that he is remaining on staff under Republic Services, overseeing that Jackson does not have any decrease in level of service. City staff, manager and attorney are capable of reviewing the agreement and Republic would likely be willing to participate in a meeting to discuss any questions. Paul advised Republic Services will hold up the contract with the existing services.
August 12, 2024 City Council Meeting Minutes
VM Simmons stated he is okay with taking Paul Molinelli’s word for the services remaining consistent without a consultant reviewing.
City Attorney Josh Nelson advised that he recommended City Manager Carl Simpson to engage a consultant. While the Molinelli family has been great to the City, Republic Services is large corporate multi-state/multi-national solid waste company and there is some value to having a consultant. There are companies who assist public agencies with reviewing these types of transactions that look through operational and financial issues to make sure there will not be a change. There has also been a fair amount of change recently in the regulatory structure surrounding solid waste, such as Senate Bill 1383. While Jackson is currently exempt from the mandatory food waste collection services, that exemption is time limited and the state may or may not continue to renew that exemption. Other agencies transitioning under SB 1383 pay higher solid waste rates because it costs more to process materials under those rules. City Manager Simpson is authorizing the contract to move forward and felt it appropriate to seek Council input on requiring a consultant.
This will be Council’s discretion.
CM Gonsalves stated the SB 1383 requirements would have to be met regardless of who owns the business. Paul Molinelli Jr. advised Republic Services cannot simply double prices as there is a process in the contract that they will have to follow the same as Aces would. He assures they will provide continued good service.
Mayor requests a motion.
Motion to move forward with the transfer of Aces Waste Services, Inc.’s solid waste franchise to Republic Services waving the City’s right to hire a consultant to review the transfer, Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
e. Engineer’s report and discussion on the Mattley Hillside Repair project [Matt Ospital, WGA, Inc./Contract City Engineer].
Contract Engineer Matt Ospital (WGA, Inc.) presented ideas for the Mattley Hillside Repair Project as recommended by a larger design building firm for a permanent solution and they recommend a soil nail wall (see more details in the CC packet MEMO). This idea may fit the gold rush feel, though it is a little more expensive. There should be enough money in the SB1 fund by spring to cover this project and hire a firm such as the one he contacted to get it done all at once.
Mayor McLean inquired if the repair is only along the slide area. Ospital confirmed and recommended they separately also put an AC berm style dyke up above this section to keep the drainage from running over the hillside. CM Stimpson inquired about whether core samples were taken and Ospital advised they have not and more investigation could be done. Mayor McLean requested to see some of the additional suggestions for the remainder of the hillside as
August 12, 2024 City Council Meeting Minutes
well in case they can come up with the money to complete the whole hillside. PW Supt Wilder advised they are still waiting a few more months for additional SB1 money just to complete the structural section, which puts the project into Spring 2025. VM Simmons added that is a lot of money for such a small section.
Mayor McLean asked for public comments.
Jim Laughton (Jackson resident) – Agreed it was expensive for a small section and stated this hillside is a focal point as you come into town. It looks great at the bottom but he would like to see more options to complete the whole hillside. VM Simmons added it could be roughed in with the Gunite look initially and revisited later in multiple phases for aesthetics.
Mr. Laughton provided additional comments unrelated to this item on the Kennedy Tailing Wheels Park- expressed gratitude to JPD Chief and officers for moving people out of the parks.
However, the amount of cars at Kennedy Tailing Wheels park is a deterrent to tourists Council direction to staff is to bring the item back for discussion once additional options are researched along with pricing to possibly address the entire hillside in addition to the structural repaired area.
f. Engineer’s recommendation and discussion for the intersection of Schober & Perry – proposed striping [Matt Ospital, WGA, Inc./Contract City Engineer].
Contract Engineer Matt Ospital (WGA, Inc.) recommended keeping the traffic going uphill on Schober free flowing and install stop controls at the two side streets. PW Supt Wilder advised his team is currently repainting lines and can get right on it.
Mayor McLean asked for public comments.
Anthony Stark (Jackson resident) – Agreed with engineer’s recommendation and inquired on a timeline.
PW Supt Wilder advised he would like to address the painting and stop sign installation within the next week or two as his crew is currently in process of repainting lines around town.
City Attorney Nelson advised Council can request a motion via Resolution to add this intersection to the list of stop intersections under Jackson Municipal Code section 10.4.04.
Motion requesting a Resolution to add this intersection to the list of stop intersections designated in Jackson Municipal Code section 10.04.010 pursuant to section 10.4.040, Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
August 12, 2024 City Council Meeting Minutes
g. First Reading of Ordinance No. 730 amending City of Jackson Municipal Code Section
8.16.010 of Chapter 8.16 of Title 8 to Establish a Maximum Weed Height Outside of Fire Season. [Possible action- waive 1st reading and direct to proceed with 2nd reading] City Manager Carl Simpson advised it is best practice related to establish a nuisance weeds height to mitigate blight, which also has an impact on property values. It also provides city staff the ability to get a jump on fire season earlier in the year.
Mayor McLean opened the item for council discussion.
CM Gonsalves inquired about how this ordinance ties back to the weed abatement municipal code 8.12.
Deputy City Clerk Carleen Kirkpatrick informed Council that once fire season begins; code will use the weed abatement ordinance 8.12. This change allows code to begin enforcing high weeds under 8.16 nuisance code and transition back to 8.12 if the property remains in violation once fire season begins. Otherwise, the defined nuisance weed height of 12” allows code to enforce blight in neighborhoods outside of fire season.
CM Gonsalves inquired if the City can recoup costs for abating properties through the County tax roll if the City covers the cost. Kirkpatrick advised an abatement would not necessarily abate a property for high weeds under 8.16 nuisance code until it transitions to 8.12 during fire season, and only after every other effort to contact property owners to complete the work on their own has been exhausted. Then if the City does end up completing an abatement and the property owner does not pay, it would get added to the tax roll the following year.
Mayor McLean asked for public comments and received none.
Mayor requests a motion.
Motion to waive the first reading of Ordinance No. 730 amending City of Jackson Municipal Code Section 8.16.010 of Chapter 8.16 of Title 8 to Establish a Maximum Weed Height Outside of Fire Season (Ordinance No. 730), dated August 12, 2024 as presented.
Moved by Councilmember Gonsalves, seconded by Councilmember Stimpson, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
h. Consideration of bids and possible award of service contract for the Scout Hut A/C Project.
Contract Engineer Matt Ospital/WGA presented the two bid submissions received today from Mann’s Heating & Air Con and JAW Heating & Air, Inc.
August 12, 2024 City Council Meeting Minutes
Contractor Bid Amount
Mann’s Heating & Air Con $18,600.00
JAW Heating & Air, Inc. $36,883.50
Mayor McLean opened the item for council discussion.
VM Simmons inquired when the awarded contractor can begin work on the project.
PW Supt Wilder said that both contractors advised they would need a couple of days to order the equipment and three to four days for installation. Once awarded, the project could be complete by mid to late next week.
Mayor McLean asked for public comments and received none.
Mayor requests a motion.
Motion to award the service contract for the Scout Hut A/C Project to Mann’s Heating & Air Cond at the bid amount of $18,600.00 through adoption of Resolution No. 2024-26, dated August 12, 2024 as presented. Moved by Councilmember Stimpson, seconded by Vice Mayor Simmons and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
i. Consideration and possible adoption of Fiscal Year 2024-25 Operating Budget and Capital Improvement Budget by reference:
• Adoption of Resolution No. 2024-19 Setting a Tax Related Appropriation Limit in Compliance with Article XIIIB of the Constitution of the State of California for Fiscal Year 2024-25
• Adoption of Resolution No. 2024-20 Approving the City Operation Budget and City Capital Improvement Budget for Fiscal Year 2024-25 • Adoption of Resolution No. 2024-21 Authorizing Full-Time Positions in the City Service Effective July 1, 2024, in Accordance with the Operating Budget for the 2024-25 Fiscal Year
(Budget message includes Council Strategic Goals & Objectives, FY 23/24 In Review/Team Accomplishments; FY 24/25 Budget Sheets: summary, CIP details, expenditures by fund).
Councilmember Stimpson stated he and Vice Mayor Simmons are on the Finance Committee and have already reviewed these items.
City Manager Carl Simpson provided a brief summary of the budget. Overall, the City is in pretty good shape and very much status quo compared to last year with moderate gains in property tax, sales tax seems to be on par, and nothing significant as far as increases go. Challenges include increases in liability insurance, inflation, labor costs, etc. Building remains flat with permits relatively flat, water
August 12, 2024 City Council Meeting Minutes
and sewer seem to be doing fairly well with some needs related to the wastewater treatment plant, a couple new roofs needed, and an AC installation. Measure M is holding steady, which funds our fire personnel. The pool does not receive much cost recovery for operational costs, but there are some ideas for fundraising to try to bridge that gap, such as the July 4 “Floating Under the Stars” event. Team Jackson has done a great job leveraging the grants, with several spent down to either completion or they are very low at this point, and staff remains committed to seeking additional grants to augment the operation of the City as we move forward. Looking at the City’s list of accomplishments this year, there was a lot that was done, and he expressed happiness to be part of this dedicated team.
Mayor McLean opened the item for council discussion and received none.
Mayor McLean asked for public comments.
Debby Collins (Jackson resident, Planning Commissioner) – Stated $5k was approved for the Cemetery Committee, they have received half and requested the remaining $2500 be provided to fund their projects.
VM Simmons advised those funds are expected to be released to the Amador Community Foundation.
Collins advised they take a percentage and she would prefer the funds be released directly to the committee but does not want to speak for the Planning Commissioner.
City Manager Simpson advised they will work out the details of the most effective way to transfer the funds.
City Manager Simpson offered a special thanks to Finance Manager Dalacie Blankenship for her work on the budget this year. She did an outstanding job supporting him as a new City Manager here.
Mayor requests a motion.
Motion to adopt Fiscal Year 2024-25 Operating Budget and Capital Improvement Budget through adoption of Resolution No.’s 2024-19, 2024-20, and 2024-21 on August 12, 2024 as presented. Moved by Councilmember Stimpson, seconded by Vice Mayor Simmons, and carried by a 4 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Stimpson
NOES: None
ABSENT: Godde
ABSTAIN: None
8. REGULAR MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 8:00 p.m. to 6:30p.m. on August 26, 2024.
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved
CITY OF JACKSON
City Council
Special Meeting Minutes
Monday, August 19, 2024
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
Staff Members:
Carl Simpson, City Manager
Bree Wilder, Public Works Superintendent
Josh Nelson, City Attorney (Remote)
Sam Carney, Accounting Services III
Mayor McLean called the meeting to order at 1:20 p.m.
1. APPROVAL OF AGENDA.
Motion to approve the City Council Special Agenda dated August 19, 2024 as presented.
Moved by Councilmember Godde, seconded by Councilmember Gonsalves, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Godde, Gonsalves, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
2. PUBLIC MATTERS NOT ON THE AGENDA.
None.
3. 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. Review and possible approval of agreement with ACRA (Amador County Recreation Agency) for use of the Scout Hut for after school youth programs.
City Manager Carl Simpson advised that Vice Mayor Simmons originally approached him in April about possibly making some improvements (specifically installing AC) to the Scout Hut in order for ACRA to use the building for after school programs in the upcoming school year. Improvements are almost complete and the ACRA program has already begun using the facility. The goal of this meeting is to obtain official Council approval of the lease/use of the Scout Hut by the ACRA program and consider fees. City Attorney Nelson prepared the draft agreement.
August 19, 2024 City Council Special Meeting Minutes
A couple additional concerns that have come up so far include securing the building and turning off utilities at the end of the day.
City Manager Simpson advised Council of multiple options for how to determine utility use, along with other considerations for the lease. PW Supt Wilder provided more detailed information on the usage of power and other concerns specific to the Scout Hut.
After further discussion by Council, the following stipulations are to be added to the contract:
• Council directed staff to determine the cost of increased utilities with ACRA’s program and include this in the monthly rate.
• Council directed staff to determine a monthly use charge based upon fees for government use of facilities already determined, as per the Civic Center.
Draft contract will be prepared and returned to Council at an upcoming City Council meeting for consideration and approval.
Mayor requests a motion.
Motion to move forward with preparing the agreement for ACRA to use the Scout Hut for after school programs with a monthly charge to include utilities and use fees as per established government use fees. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Godde, Gonsalves, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
4. SPECIAL MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 1:55 p.m.
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved
BASE BID:
$/UNIT TOTAL $/UNIT TOTAL $/UNIT TOTAL
1 WWTP Office Roof Replacement LS 1 $34,610.40 $34,610.40 $79,000.00 $79,000.00 $112,300.00 $112,300.00 TOTAL $34,610.40 $79,000.00 $112,300.00
ADDITIVE ALTERNATE #1:
$/UNIT TOTAL $/UNIT TOTAL $/UNIT TOTAL
1 Sludge Room Roof Replacement LS 1 $38,253.66 $38,253.66 $82,980.00 $82,980.00 $122,000.00 $122,000.00 ADDITIVE ALTERNATE #1 TOTAL: $38,253.66 $82,980.00 $122,000.00 ADDITIVE ALTERNATE #2:
$/UNIT TOTAL $/UNIT TOTAL $/UNIT TOTAL
1 Ventilation Fan Motor Replacement LS 1 $3,000.00 $3,000.00 $3,600.00 $3,600.00 $7,600.00 $7,600.00 ADDITIVE ALTERNATE #2 TOTAL: $3,000.00 $3,600.00 $7,600.00 ADDITIVE ALTERNATE #3:
$/UNIT TOTAL $/UNIT TOTAL $/UNIT TOTAL
1 Pool Office Roof Replacement LS 1 $9,531.90 $9,531.90 $12,200.00 $12,200.00 $45,900.00 $45,900.00 ADDITIVE ALTERNATE #3 TOTAL: $9,531.90 $12,200.00 $45,900.00 BASE AND ADDITIVE ALTERNATE 1-3 TOTALS: $85,395.96 $177,780.00 $287,800.00 ENGINEER'S ESTIMATE BRAZOS URETHANE, INC. LGM CONSTRUCTION
QTY ITEM DESCRIPTION UNITS
ITEM DESCRIPTION UNITS QTY
BRAZOS URETHANE, INC. LGM CONSTRUCTION ENGINEER'S ESTIMATE
CITY OF JACKSON
CITY ROOFING PROJECT
BID SUMMARY
BID OPENING: JUNE 4, 2024 at 10:00 A.M.
BRAZOS URETHANE, INC. LGM CONSTRUCTION
BRAZOS URETHANE, INC. LGM CONSTRUCTION ITEM DESCRIPTION UNITS QTY ENGINEER'S ESTIMATE
ITEM DESCRIPTION UNITS QTY ENGINEER'S ESTIMATE
Resolution No. 2024-27
A Resolution Of The City Council Of The
City Of Jackson Awarding The Construction Contract For The City Roofing Project To Brazos Urethane, Inc.
WHEREAS, the City of Jackson conducted the bid opening for the City Roofing Project at 10:00 a.m. on June 4, 2024; and
WHEREAS, the City received two bids for the project; and WHEREAS, no discrepancies were noted in the bid review; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson hereby awards the contract to Brazos Urethane, Inc. in the amount of $177,780.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Jackson on the 26th day of August, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
_________________________________
Steve McLean, Mayor
Attest:
____________________________
John Georgette, City Clerk
1 CITY OF JACKSON
MEMORANDUM
TO: City Council
FROM: Carl Simpson, City Manager
RE: Two-Year Extension of Hauge Brueck Associates, LLC of Agreement DATE: August 22, 2024
DISCUSSION:
The City contracts with Hauge Brueck Associates, LLC (HBA) for on-call City Planner services.
The initial term of the HBA agreement expired on June 30, 2024 but the agreement included an option for the City to extend the agreement for one two-year term. Staff recommends that the City Council exercise its option to extend the agreement and to authorize removing any reimbursable services from the annual not-to-exceed in the agreement.
BACKGROUND:
HBA has provided On-call City Planner services since May 1, 2023. The initial term of their agreement expired June 30, 2024. The agreement includes the option for the City to extend the term for one two-year period. If exercised, the agreement will expire June 30, 2026 unless terminated by the City prior to this date. The City can terminate the agreement at any time with fifteen days’ notice to HBA.
Staff appreciates HBA’s services and recommends the City Council extend the agreement. If the City Council is willing to extend the agreement, staff recommends removing any reimbursable services from the annual not-to-exceed in the agreement. This not-to-exceed amount should not be applicable to services where the City is reimbursed by third party developers and other applicants.
RECOMMENDATION:
The City Council exercise the option to extend the HBA agreement for two years retroactive to June 30, 2024 and to remove any reimbursable services from the annual not-to-exceed in the agreement.
Attachment:
None
Ordinance No. 730
An Ordinance of the City Council of the City of Jackson Amending Section 8.16.010 of Chapter 8.16 of Title 8 of the Jackson Municipal Code to Establish a Maximum
Weed Height Outside of Fire Season
WHEREAS, the City Council of the City of Jackson (“City”) is authorized by California Constitution, Article XI, Section 7 to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, storing, keeping or maintaining weeds is declared to be a public nuisance in the City; and
WHEREAS, Chapter 8.12 of the Jackson Municipal Code addresses weed abatement during fire season; and
WHEREAS, outside of fire season, the height of weeds is unspecified and it is common practice for city codes to identify a height at which weeds and vegetation are defined as becoming a nuisance; and
WHEREAS, the City desires to establish a general standard for nuisance weeds outside of fire season at a height of twelve (12) inches or greater.
The City Council of the City of Jackson does hereby ordain as follows:
SECTION 1. Recitals. The above recitals are true and correct and hereby incorporated into this Ordinance.
SECTION 2. Amendment. Section 08.16.010(C) of Chapter 8.16 of Title 8 of the Jackson Municipal Code is hereby amended to read as follows:
8.16.010 Nuisances declared.
The following are declared to be public nuisances in the city:
C. Storing, keeping or maintaining weeds at a height of twelve (12) inches or greater outside of fire season as declared by the California Department of Forestry and Fire Protection, dry or dead vegetation, papers or paper products, and other combustible and noncombustible refuse or waste;
SECTION 3. Repeal of Conflicting Ordinances. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance are hereby repealed.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be
2 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 5. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance in accordance with California Government Code section 36933.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days from and after the date of its final passage and adoption.
INTRODUCED on the 12th day of August, 2024, and PASSED AND ADOPTED by the City Council of the City of Jackson on 26th day of August, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Steve McLean
Mayor
ATTEST:
_______________________________
John Georgette
City Clerk
APPROVED AS TO FORM:
_______________________________
Joshua Nelson
City Attorney
82201.00000\42586351.3
LICENSE AGREEMENT FOR THE OLD JACKSON COURTHOUSE
I. PARTIES
This License Agreement (“license” or “Agreement”) is made by and between the CITY OF JACKSON (“City”) and RESTORE AMADOR LLC, a California limited liability company (“Licensor”). Licensor is the record owner of that certain real property commonly known as the Old Jackson Courthouse in the City of Jackson (the “Property”), which is more particularly described in the attached Exhibit A, incorporated by this reference.
II. RECITALS
A. The Property is developed with a commercial building, parking facilities, and landscaping.
B. Licensor has applied and received a grant of $25,000.00 for the restoration of the Property, including: the restoration of the concrete patio at 204 Court Street; the building and installation of planter boxes to enhance façade and direct foot traffic; the installation of fixed seating and tables to attract large groups and promote private and public/community events; the repair and upgrade of damaged concrete walkways for safety and to meet current ADA standards; and the repair of the asphalt at the entrance to the Summit/Court Street parking lot.
III. EFFECTIVE DATE
This Agreement will take effect upon the execution of this Agreement by both parties (“Effective Date”).
IV. GRANT OF LICENSE
Licensor grants City a license in perpetuity to use the indoor and outdoor venues at the Property without additional charge for:
A. Six (6) full-day private events per year;
B. Six (6) partial day private events per year; and
C. Unlimited partial or full-day public/community events per year.
Events must be booked at-least fourteen (14) days in advance, and are subject to availability provided that Licensor shall ensure City has access to the Property.
This perpetual license shall run with the Property and be binding on future owners of the Property. City may record a copy of this Agreement or memorandum of license against the Property.
V. CONSIDERATION
82201.00000\42586351.3
City has approved a grant of $25,000.00, which shall constitute full and adequate consideration, to Licensor for the benefits to be obtained by each party under this License.
VI. TERM AND TERMINATION
The license created by this instrument shall remain in effect in perpetuity from the Effective Date.
VII. REPAYMENT CLAUSE
In the event that Licensor sells the Property within the next five (5) years from the grant’s approval date, Licensor agrees to repay the full amount of the grant, from the proceeds of the sale, to City.
VIII. HOLD HARMLESS
Licensor agrees to defend, indemnify and hold harmless City (and its officers and employees) from and against any and all claims, actions or liabilities asserted by third parties who suffer injuries or damages of any kind resulting from Licensor’s (and its agents’) negligent or wrongful activities on the Property pursuant to this license.
IX. BREACH OF AGREEMENT
This Agreement may be terminated with written notice in the event of a breach. The non-breaching party shall provide an opportunity to cure such breach if applicable.
X. ATTORNEY FEES
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which may be entitled.
XI. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties relating to the rights granted and obligations assumed under it. Any amendments or modifications to this Agreement will not be effective unless contained in a writing signed by both parties XII. GOVERNING LAW
This license agreement shall be interpreted and construed under the laws of the State of California. The forum for any dispute arising out of this Agreement shall be the state or federal courts in Amador County.
82201.00000\42586351.3
XIII. AUTHORITY
Licensor warrants that the person signing below on behalf of Licensor possesses the authority to bind Licensor to the terms of this license agreement.
IN WITNESS WHEREOF the parties have executed this Agreement on the date set forth below.
LICENSOR CITY OF JACKSON
By: ____________________ By: _________________________
Carl Simpson, City Manager
Date: ___________________ Date: ________________________
82201.00000\42570663.2
LICENSE AGREEMENT
This License Agreement is made this _____ day of August, 2024 (the "Agreement") by and between the City of Jackson, a California municipal corporation ("Licensor") and the Amador County Recreation Agency, a California joint powers authority ("Licensee").
Recitals
Whereas, the Licensor is owner of certain real property located at ______________ ("Property"), and as further depicted in Exhibit "A" attached hereto and incorporated herein by reference; and,
Whereas, the Licensee wishes to use that portion of the building located on the property as depicted in Exhibit “A” and commonly referred to as the “Scout Hut,” for an after school program (“Program”); and,
Whereas, the Licensor has recognized the Program as a valuable service and is supportive of the Program's goals and objectives; and,
Whereas, the Licensor is willing to allow Licensee to use the Scout Hut for the Program as set forth in this License Agreement; and,
NOW, THEREFORE, Licensor and Licensee hereby agree as follows:
Section 1 Grant of License
Licensor hereby grants to Licensee a license to use the Scout Hut and Property for the Program during the term of this agreement to operate the Program Monday through Friday from 1:00 pm until 6:00 pm. Licensee may utilize the Scout Hut for set up and taken down outside of the identified times as permitted by Licensor. The Scout Hut expressly does not include the lower level of the building as depicted in Exhibit A. Licensee shall not access such area.
Section 2 Term and Termination
The term of this license shall be from the date of execution until June 30, 2024. This License Agreement may be extended for one or more one-year terms by Licensor with written notice to Licensee.
Section 3 Compensation
Licensor and Licensee agree that the license amount shall be One Thousand One Hundred Thirty Dollars ($1,130) per month due on the first of each month and late by the fifth of each month.
Section 4 Parking
Parking for Licensee may be permitted on public spots on the Property without priority.
Section 5 Pedestrian and Vehicle Access
82201.00000\42570663.2
The license set forth in Section 1 includes pedestrian and vehicle access related to the Program across the Property.
Section 6 Electric Utilities
Licensee will be responsible for the payment of all electric utility costs incurred during their occupancy of the Scout Hut. Licensor may elect to pay such costs directly and present an invoice to Licensee that will be payable in the same manner as the license fee.
Unless otherwise determined by Licensor, electric utility costs shall be based on an average of three months’ of use minus an average cost of six months of cost prior to the Licensee’s use of the Scout Hut.
Section 7 Entry by Licensor
Licensor reserves the right to enter the Scout Hut at reasonable times for reasonable purposes. No right reserved by Licensor in this section shall be exercised as to interfere unreasonably with Licensee's operation hereunder.
Section 8 Maintenance of Premises
Licensee agrees to assume full responsibility and costs for the maintenance of the Scout Hut throughout the term of this Licensee Agreement. Licensee will take all necessary action to maintain and preserve the Scout Hut in good order and in a safe, healthy, and sanitary condition satisfactory to Licensor and in compliance with all applicable laws. This includes, but is not limited to, the accumulation of any refuse or waste materials which might constitute a fire hazard or a public or private nuisance. Licensee shall ensure that all appliances are turned off each day and the Scout Hut is locked and otherwise secured.
Section 9 Insurance Requirements
Throughout the term of this Agreement, Licensee shall maintain in full force and effect Commercial General Liability (CGL) coverage in an amount not less than two million dollars per occurrence ($2,000,000), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. The Licensor, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Lessee including materials, parts, or equipment furnished in connection with such work or operations. Such insurance shall be primary as respects the Licensor its officers, officials, employees, and volunteers. Licensee hereby grants to Licensor a waiver of any right to subrogation which any insurer of said Licensee may acquire against the Licensor by virtue of the payment of any loss under such insurance. Licensee may meet this requirement through equivalent self-insurance.
Section 10 Indemnification
Licensee shall defend, indemnify and save harmless Licensor, its officers, agents, and employees, from and against any and all claims, demands, loss, or liability of any kind or nature which Licensor, its officers, agents, and employees may sustain or incur or which may
82201.00000\42570663.2
be imposed upon them or any of them for injury to or death of persons, or damage to property as a result of, arising out of, or in any manner connected with this Agreement or with occupancy and use of the land by Licensee, its officers, agents, employees, patrons, or visitors.
Section 11 Improvements
Licensee shall not construct any additional improvements to the Scout Hut or Property without prior written consent of Licensor.
Section 12 Breach
Should Licensee default in the performance of any covenant, condition, or agreement contained in this Agreement, and such default is not corrected within five (5) days after Licensee receives written notice of default from Licensor, Licensor may terminate this Agreement.
Section 13 No Assignments
Licensee may not assign its rights under this Agreement to any third party.
Section 14 Notices
All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process:
Section 15 Attorney Fees’
If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other relief to which may be entitled.
Section 16 Venue
Venue shall be in Amador County.
Section 17 Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof.
Section 18 CASP Disclosure
Licensor discloses that the Scout Hut has not undergone inspection by a Certified Access Specialist as referenced in California Civil Code Section 1938 subsection (e) of which provides: "A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable constructionrelated accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or sublessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for
82201.00000\42570663.2
the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises." The parties agree that if Licensee desires a CASp inspection, Licensee shall secure a third-party consultant, at its sole cost and expense, to perform a CASp inspection. Licensee shall be responsible to correct, at its sole cost and expense, any items in the CASp report.
Licensee waives the right to obtain a CASp inspection. Initials: _____________ Licensee elects to obtain a CASp inspection. Initials: ______________ Section 19 Condition of License Area at Occupancy
Notwithstanding anything herein to the contrary, Licensee accepts the Scout Hut and Property in “AS-IS” condition “WITH ALL FAULTS” without any representations or warranties by Licensor, and with no obligation of licensor to make alterations or improvements to the Scout Hut and Property. Licensee acknowledges that neither Licensor nor any agent of Licensor has made any representation or warranty with respect to the suitability of the Scout Hut and Property for the conduct of Licensee’s business. Licensor shall not be liable for any latent or patent defects in the Scout Hut or Property.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
AMADOR COUNTY RECREATION AGENCY, a California joint powers authority By:
"LICENSEE"
CITY OF JACKSON, a California municipal corporation
By:
Carl Simpson, City Manager
"LICENSOR"