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Council tables acceptance of Castle Oaks Village 6 easements over Mill Creek maintenance and contamination concerns
Summary
The Ione City Council voted to table formal acceptance of three Castle Oaks Village 6 public-improvement dedications after residents and council members raised questions about maintenance responsibility and possible contamination at Lot C (Mill Creek Preserve). Staff were directed to investigate and return with scope and recommendations at the next meeting.
The Ione City Council on March 19 tabled action on a resolution to accept roadway easements and lots in Castle Oaks Village 6 after multiple council members and residents warned the council could inherit liability for a creek parcel.
Don Schmidt of Wildan, appearing for the developer, asked the council to accept Avalon Drive, Montecito Court and Stonewater Court and associated lots, saying the city has been maintaining the improvements for about three years and Wildans inspections show surfaces "holding up fine." He described the formal acceptance as a technical step following the final map and city engineer sign-off.
Residents and council members pushed back specifically on Lot C, described in staff materials as the Mill Creek Preserve. "How is that gonna get taken care of? Is there a LLMD that's associated with that?" a council member asked, and resident Susan Howarth asked, "How will this affect the homeowners as far as their financial responsibility?"
Council members sought written assurances. Some said they wanted confirmation the creek parcel did not present contamination risks; one council member asked for a letter confirming the water was safe. Don Schmidt said he would "look into the issue with possible contamination, and get back to everyone." Staff also noted that maintenance obligations had been tied to existing CFDs and subdivision improvement agreements in the past.
Given the outstanding questions, a council member moved to table Item 1 (and related Items 2 and 3) so staff could clarify who maintains Lot C, whether any contamination or construction defects exist, and the scope of the city's maintenance duty if the parcels are accepted. The motion passed and staff were directed to report back at the next meeting with inspection scope and recommendations.
The decision halts what Wildan characterized as the formal transfer of ownership and maintenance responsibility for the public improvements until the city verifies recordkeeping, prior inspections and the extent of any remaining developer obligations. Don Schmidt and staff referenced inspection work dated 20222023 and said they would produce the underlying documentation.
Next steps: staff will investigate the Mill Creek parcel (Lot C) for contamination and maintenance responsibility, assemble the inspection and sign-off records, and return to council with a recommended scope of work and legal clarity before council considers formal acceptance.
