Agenda — Ione City Council, February 7, 2023

REGULAR MEETING STARTS AT 6:00 PM
Mayor Stacy Rhoades
Vice Mayor Jack Mitchell
Council Member Dominic Atlan
Council Member Alison LaFayne
Council Member Diane Wratten

THE CITY OF IONE CITY COUNCIL MEETING WILL BE AVAILABLE VIA ZOOM

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Meeting ID: 235 196 1316
Passcode: 95640
Tuesday, February 7, 2023
1 E. Main Street
Ione, CA 95640

THE CITY OF IONE IS A GENERAL LAW CITY DEDICATED TO

PROVIDING LEADERSHIP, ACCOUNTABILITY, AND FISCAL INTEGRITY

WHILE PROMOTING ECONOMIC OPPORTUNITIES AND MAINTAINING

A HIGH QUALITY OF LIFE FOR OUR CITIZENS

PLEASE LIMIT PUBLIC COMMENT/TESTIMONY TO FOUR MINUTES
Gov’t. Code §54954.3
The Ione City Council welcomes, appreciates, and encourages participation in the City Council Meeting. The City Council reserves the right to reasonably limit the total time for public comment on any particular noticed agenda item as it may deem necessary.

Full staff reports and associated documents are available for public review at the Office of the City Clerk, City Hall, 1 E. Main Street, Ione, CA. Hard copies may be obtained for $3.60 for pages 1-5 and $.45 for each additional page. Documents that are not available when the agenda is posted will be made available for public review at the meeting.

AGENDA
A. ROLL CALL
B. PLEDGE OF ALLEGIANCE
2 C. CLOSED SESSION:
• Public Employee Performance Evaluation – City Manager – Government Code 54957.6
D. APPROVAL OF AGENDA
E. PRESENTATIONS/ANNOUNCEMENTS: None
• Adoption of Resolution No. 2023-02 Thanking the City Hall Office Volunteers for their Devotion and Dedication to the City of Ione F. PUBLIC COMMENT: EACH SPEAKER IS LIMITED TO 4 MINUTES NOTE: This is the time for members of the public who wish to be heard on matters that do not appear on the Agenda. Persons may address the City Council at this time on any subject within the jurisdiction of the Ione City Council.

Please be mindful of the 4 minute time limit per person.Pursuant to the Brown Act, the City Council may not take action or engage in a detailed discussion on an item that does not appear on the Agenda. However, matters that require Council action will be referred to staff for a report and/or recommendation for possible action at a future Council meeting. Is there anyone in the audience who wishes to address the Council at this time?
Notice to the Public: All matters listed under this category are considered to be routine and will be enacted by one motion. Any item may be removed for discussion and possible action and made a part of the regular agenda at the request of a Council Member(s).

G. CONSENT CALENDAR:

1. Approval of the Minutes – January 17, 2023

2. Warrants, Finance and Treasurer’s Report – December, 2022

3. Police Department Fourth Quarter Report - 2022
H. PUBLIC HEARING:

4. Zoning Code Amendment Project, which includes adoption of an Ordinance to Amend Title 17, including Table 17.22.030-1, Table 17.24.030-1, Section

17.116.040, Section 17.116.050, and Chapter 17.310 (Allowed Use Definitions) to address requirements of State Law pertaining to a variety of Housing types and to make minor revisions to improve implementation.

5. Receive and File Police Department Military Policy
I. REGULAR AGENDA:

6. Update on Status of PERC Water Contract
3 7. Letter to Amador County Unified School District from Amador County Transportation Commission (ACTC) regarding Amador High School Consolidation Plan
J. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
K. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS L. CLOSED SESSION:
• Conference with Legal Counsel-Existing Litigation: Section 54956.9 of the Government Code – Amador Court Case Number 22-CV-12824 – Amador Regional Sanitation Authority (ARSA) v City of Ione and California Department of Corrections and Rehabilitation (CDCR)
• Conference with Legal Counsel-Existing Litigation: Section 54956.9 of the Government Code – Amador Court Case Number 22-CV-12691 – McGraw v City of Ione
• Conference with Legal Counsel – Existing Litigation: Section 54956.9 of the Government Code – Amador Court Case Number 17-CV-10277 – City of Ione v Gani
• Conference with Legal Counsel – Anticipated Litigation: Significant Exposure to Litigation Pursuant to Paragraph (2) of Section 54956.9 of the Government Code
M. ADJOURNMENT

NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, this public hearing.

ADA COMPLIANCE STATEMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact City Clerk Janice Traverso at (209) 274-2412, ext. 102. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

RESOLUTION NO. 2023-02

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IONE

THANKING THE CITY HALL OFFICE VOLUNTEERS

FOR THEIR DEVOTION AND DEDICATION

TO THE CITY OF IONE
WHEREAS, the City Council of the City of lone hereby acknowledges all the City Hall Office Volunteers; and
WHEREAS, over the years there have been many different volunteers participating, from monthly processing of sewer bills and City Newsletters (over 170,000), to volunteering over 1,000 hours in City Hall; and
WHEREAS, the volunteer program is designed to utilize the skills and talents assisting staff as a team and citizen volunteers are essential to providing quality services to the residents of our community; and
WHEREAS, this successful community volunteer effort has resulted in an invaluable asset to the City and its residents; and
WHEREAS, City Officials and staff wish to extend their most sincere thanks for the numerous hours from our many City Hall Office Volunteers.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of lone wishes to congratulate all the volunteers for their unselfish and dedicated service, and recognizes that there is almost no better way for citizens to help their community and to feel that they are a part of it, than volunteering services.

Jeanette Lee
Klina Koehler
Debbie Hubbard
Cheryl Beck
Alice Curran
Wilma Hawkins
Ann Kimball
Jan Mueller
Maryanne Yost
Leah Miller
The foregoing resolution was duly introduced and adopted by the City Council of the City of lone at their regular meeting held on February 7, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Approved:

Attest:

Janice Traverso, City Clerk
# 1

# 2

Agenda Item
DATE: February 7, 2023
TO: Mayor Rhoades and City Council
FROM: Michael Rock, City Manager
John Alfred, Police Chief
SUBJECT: Receive and File Ione Police Department 2022 4th Quarter Report RECOMMENDED ACTION:

1. Receive and file Ione Police Department 2022 4th Quarter Report.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

This quarterly report is for the months of October through December 2022. This report is designed to give you an understanding of the day-to-day operations of the Ione Police Department (Department) and staff for the last quarter of 2022.

We want to point out that the Department would not be able to perform at the level and capacity it does without its volunteers. They are central to the Department’s success and the backbone of the safety our of City.

ATTACHMENTS:

Detailed Summary – 2022 4th Quarter Report
# 3

IONE POLICE DEPARTMENT
4th QUARTER REPORT
Data is from October 1st to December 31st

CITY OF IONE

POLICE DEPARTMENT
2022
4th Quarter Report to City Council
Data is from July 1st to September 30th

1. Calls for Service
2021 369
2022 272

2. Patrol Statistics
Type of Call 2021 2022
Officer Initiated
Incidents
1293 1237
Traffic Stops 749 453
Other OIA Incidents 544 784
Business Checks 322 542
Vehicle/Person Checks 63 49
Type of Report 2021 2022
Total Reports 107 94
Accident Reports 5 10
Corner’s Case 4 2
Felony 13 14
Information Report 33 36
Infraction 4 1
Misdemeanor 48 30
Unclassified 0 1
Arrests 2021 2022
Total Arrests 35 21
Misdemeanor 30 16
Felony 5 5
Citations 2021 2022
Total 84 40
Felony 0 0
Misdemeanor 14 7
Infraction 65 28
Parking 1 3

3. Staffing Levels
 1 Chief
 1 Sergeant
 2 Corporals
 4 Officers
 1 Reserve
 1 Part-time Administrative Analyst
• As of the date of this report, we are at full staffing levels for full-time employees. We currently have one reserve position open and are starting the recruiting process to fill the position.
• We currently run 12- hour shifts for patrol staff and corporals (Day Shift 6 AM – 6 PM, Graveyard 6 PM – 6 AM, Corporals 2 PM – 2 AM).

The Sergeant and Chief work a standard 8 hours shift Monday Through Friday.

4. Volunteer Unit
• This quarter, the volunteer unit was used for the Preston Castle Haunt and Christmas Parade.
• The unit has volunteered over 382.7 hours during this quarter. • The Police Department could only function with the support of our volunteer unit. The volunteers assist with records, property and evidence, special events, vacation home checks, and other collateral duties as assigned.

5. Ione Police Foundation Dinner
• The Ione Police Foundation dinner was held on October 1st, 2022.

The dinner was a huge success, and money was raised to purchase ballistic helmets. The Ione Police Department is in the process of buying the helmets.
• The dinner grossed $44,273.41

6. Motor Program
• We are looking to expand our motor program by sending additional Officers to motor operator school. The motor program has been a massive success in combating vehicle-related incidents. By developing this program, we will have more staff to deploy the motorcycle to address the rising amount of vehicular traffic in the city.

7. Cops 4 Kids
• The Cops 4 Kids program was expanded this year to include the Jr.

High. The program was highly successful, graduating 44 kids from Elementary and Jr. High Schools. We had support from the Amador County Sheriff’s Department Swat Team, The California Highway Patrol Air Operations, Amador County Sheriff’s Department K9, Ione Fire Department.

8. Coffee with the Chief
• Coffee with the Chief has been successful. We will continue to host this event each quarter to connect with our community.

9. DEA Drug Take Back Day
• On October 29th, the Police Department hosted a location for the DEA National Drug Take Back Day. We collected over 80 pounds of prescription drugs that we turned over to the DEA for destruction.

10.Cases of Interest
• BHO Lab – Officers conducted a traffic stop that confiscated an illegal butane hash oil lab. During the stop, a loaded firearm, a large amount of marijuana, and lab equipment were found. The suspect was arrested and charged.
• Theft ring arrest – In November, there was a rash of thefts from motor vehicles in Ione, Jackson, Sutter Creek, and unincorporated Amador County. The Ione Police Department had identified the suspects involved and was working with the Calaveras County Sheriff’s Department on the case. On December 7th, the suspects were seen in Ione. Officers responded and arrested three suspects for the thefts. The suspects were positively identified as being responsible for the thefts in November. Follow-up investigation by Ione Police Officers resulted in the recovery of stolen property and recovery of a stolen vehicle.
• TD’s Sports Bar – In November, the Ione Police Department responded to a call involving TD’s Sports Bar. The call involved two females who believed they had been drugged at the bar. An investigation was conducted, and 2.5 hours of video was reviewed.

We received the lab results from the hospital and independent lab that showed no illegal drugs were detected. The video was watched, and there was no indication of tampering with drinks or the two females. This case was unfounded.

Agenda Item

Page 1 of 2 ends

DATE: February 7, 2023
TO: Mayor and City Council Members
FROM: Beth Thompson, City Planning
SUBJECT: ZA-22-001: Zoning Code Amendments

RECOMMENDED ACTION

1. Receive the staff report and presentation on the Zoning Code Amendments;

2. Take public comment; and

3. Adopt the attached ordinance (Attachment A); and

4. Waive the full reading of the ordinance.

BACKGROUND:

The City is participating in the Countywide Housing Element Update. Through a review of the City’s Zoning Code, as amended in early 2022, several minor conflicts with State law were identified. The Zoning Code Amendments project would revise the Zoning Code to be consistent with State law, administered by the State Housing and Community Development Department (HCD).

On December 13, 2022, the Planning Commission held a public hearing to review the amendments to the City of Ione Zoning Code, receive public comment, and make a recommendation to City Council. The Planning Commission voted to pass Resolution PC 2022- 02, a resolution of the City of Ione Planning Commission recommending that the City Council adopt an ordinance amending the Ione Municipal Code, Title 17, Zoning, to adopt Zoning Code Amendments, with revisions to clarify specified terminology (see Attachment A for the recommended ordinance and Attachment B for the Planning Commission resolution). For additional information, Attachment C includes a track-changes version of the Zoning Code Amendments.

DISCUSSION:

The City Council will be presented with the proposed Zoning Code Amendments for discussion.

The amendments include changes to:
• allow low barrier navigation centers (a specific type of emergency shelter) as a permitted use in zones that allow multifamily and mixed uses, • allow emergency shelters as an ancillary use to churches and religious uses, and • specify that transitional and supportive housing are allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone, except where required to be permitted by right under State law.
# 4

Page 2 of 2 ends

The specific changes to the Zoning Code are shown in track changes in Attachment B.

ENVIRONMENTAL REVIEW
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3), as it has been determined that the Municipal Code amendment will not cause a significant negative effect on the environment. The changes to the Zoning Code will not intensify land uses, result in land use incompatibilities, or generate other impacts beyond those that would result from the existing Zoning Code and existing provisions of State law.

CITY COUNCIL RECOMMENDATION
Staff recommends the Council adopt the ordinance repealing and replacing portions of, and adding and amending portions of, Title 17 (Zoning) of the Ione Municipal Code.

MOTION: The City Council adopts the ordinance repealing and replacing portions of, and adding and amending portions of, Title 17 (Zoning) of the Ione Municipal Code.

ATTACHMENTS
Attachment A – Draft City Council Ordinance
Attachment B – Planning Commission Resolution PC 2022-02 Attachment C – Draft Zoning Code Amendment (track changes) 1 EXHIBIT A

CITY OF IONE
ORDINANCE NO. 331

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE AMENDING THE IONE MUNICIPAL CODE, TITLE 17 ZONING
Whereas, the Planning Commission conducted several public meetings to receive public comment, review the draft Focused Zoning Code Update, and provide direction for revisions, and Whereas, the Planning Commission conducted a duly-noticed public hearing on the Zoning Code Amendments project on December 13, 2022, and adopted a resolution forwarding the proposed Zoning Code amendments to the City Council and recommending its adoption; and Whereas, on February 7, 2023, the City Council conducted a duly-noticed Public Hearing, deliberated, and found that as revised, the Zoning Code Amendments project is compatible with the general objectives of the General Plan, in that it directly implements the General Plan policies, thereby achieving consistency between the General Plan and the Zoning Code; and Whereas, adoption and implementation of the Zoning Code Amendments project is determined to be exempt from the California Environmental Quality Act as it meets with the criteria established in Section 15061(b)(3) of the CEQA Guidelines because there will be no physical changes to the environment and requires no further review pursuant to Section 15168(c)(2); and Whereas, the City Council finds that the Zoning Code amendments are compatible with the general objectives of the General Plan, in that the amendments implement and do not conflict with General Plan policies and standards, thereby enhancing consistency between the General Plan and Zoning Code; and
Whereas, the City Council finds that the amendments will be in conformity with public convenience, general welfare, and good land use practice, in that the revisions are also intended to clarify the regulations and facilitate ease of use and understanding, as well as to establish appropriate standards and procedures; and
Whereas, the City Council finds that the amendments will not be detrimental to the public health, safety, and general welfare, and will not adversely affect the orderly development of property, in that they will harmonize the Zoning Code with State law related to a variety of housing types, better express the City's policies, and generally promote good land use planning and regulation.

The City Council of the City of Ione does ordain as follows:

Section 1: Amendment of Title 17 Zoning
The text of Ione Municipal Code, Title 17, Zoning, is hereby amended to repeal and replace the affected portions of Title 17, including Table 17.22.030-1, Table 17.24.030-1, Section

17.116.040, and Section 17.116.050, as shown in Exhibit A. 2 Section 2: No Mandatory Duty of Care
This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

Section 3: Severability
If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without invalid provision or application, and to this end the provisions of this ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the ordinance enforced.

Section 4: Environmental Review
The City Council hereby finds this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. A Notice of Exemption will be prepared.

Section 5: Prior Violations
Neither the adoption of this ordinance nor the repeal or amendment by this ordinance of any ordinance or part or portion of any ordinance previously in effect in the City, or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violations was committed prior to the effective date of this ordinance, nor be construed as a waiver of any license, fee, or penalty, or the penal provisions applicable to any violation of such ordinances.

Section 6: Effective Date
This ordinance shall be effective thirty (30) days following its adoption by the City Council. A summary of this ordinance shall, within fifteen (15) days after passage, be published in accordance with Section 36933 of the Government Code of the State of California with the names of the City Council members voting for and against it.

PASSED, APPROVED, AND ADOPTED THIS ___ day of ________, 20__.

Ayes:

Noes:

Abstain:

Absent:
_______________________
3 Mayor
ATTEST:
_______________________
Janice Traverso, City Clerk
APPROVED AS TO FORM:
_______________________
City Attorney
ORDINANCE NO. 331

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE AMENDING THE IONE MUNICIPAL CODE, TITLE 17 ZONING

EXHIBIT A
4 1. Table 17.22.030-1 is revised as shown below to address residential care home, supportive housing, and transitional housing uses consistent with the requirements of State law. Note: Only the affected rows of Table 17.22.030-1 and Footnote 5 are shown below.

Table 17.22.030-1: Allowed Uses and Permit Requirements for Agricultural and Residential Zoning Districts Land Use/Zoning District A R-1a R-1b R-1c R-2 R-3 R-4 MP Applicable Regulations P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM = Streamlined Ministerial Review
N = Not Allowed
Emergency Shelter N5 N5 N5 N5 N5 N5 C5 N5 Section 17.116.040; Chapter 17.114 Low Barrier Navigation Center N N N N SP(a) SP(a) SP(a) N Section 17.116.060, Chapter 17.114 Manufactured Home, Permanent SP SP SP SP SP1 SP1 N N Section 17.116.010 Residential Care Home Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone.

Supportive Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone, except as otherwise provided by Section

17.116.050.

Section 17.116.050
Transitional Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone.

Section 17.116.050

5. Permitted with Administrative Site Plan Review when ancillary to a church, place of worship, or other religious use.

ORDINANCE NO. 331

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE AMENDING THE IONE MUNICIPAL CODE, TITLE 17 ZONING

EXHIBIT A
5 2. Table 17.24.030-1 is revised as shown below to address residential care home, supportive housing, and transitional housing uses consistent with the requirements of State law. Note: Only the affected rows of Table 17.24.030-1 and Footnote 8 are shown below.

Table 17.24.030-1: Allowed Uses and Permit Requirements for Commercial and Industrial Zoning Districts Land Use/Zoning District C-T C-1 C-2 C-3 B-P M-1 M-2 Applicable Regulations P = Permitted, Plan Check
SP(a) = Permitted, Administrative Site Plan Review
SP = Permitted, Administrative or Discretionary Site Plan Review as identified in Section 17.10.030 C = Conditional Use Permit
SM = Streamlined Ministerial Review
N = Not Allowed
Emergency Shelter N8 N8 N8 N8 N8 SP(a) SP(a) Section 17.116.040; Chapter 17.114 Residential Care Home Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone.

Supportive Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone, except as otherwise provided by Section 17.116.050.

Section 17.116.050
Transitional Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone.

Section 17.116.050

8. Permitted with Administrative Site Plan Review when ancillary to a church, place of worship, or other religious use.

ORDINANCE NO. 331

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE AMENDING THE IONE

MUNICIPAL CODE,
TITLE 17 ZONING

EXHIBIT A
6 3. Section 17.116.040 is clarified to identify where emergency shelters are allowed with a Conditional Use Permit and Administrative Site Plan Review.

17.116.040 – Emergency Shelters
A. Emergency shelters are allowed in the R-4 zone with a Conditional Use Permit and in the M-1 and M-2 zones through Administrative Site Plan Review.

B. Emergency shelters are allowed as an accessory use ancillary to churches and places of worship with an Administrative Site Plan Review.

C. Where allowed, emergency shelters are subject to the standards that apply to residential or commercial development in the same zone and are also subject to the following requirements:

4. Section 17.116.050 is clarified to identify that transitional housing will be permitted consistent with the requirements of the California Government Code.

17.116.050 – Transitional and Supportive Housing
A. Transitional and supportive housing shall be permitted consistent with the requirements of Government Code Section 65650 through 65656, as amended.

17.300.200 General definitions
Religious Institutions. Facilities organized and operated by religious organizations, holding either tax exempt status under section 501(c)(3) of the Internal Revenue Code or under California state property tax law, for worship, or the promotion of religious activities (e.g. churches, mosques, synagogues, temples) and accessory uses on the same site (e.g. living quarters for ministers and staff, child day care facilities which were authorized in conjunction with the primary use. Other establishments maintained by religious organizations, such as full-time educational institutions, hospitals and other potentially related operations (e.g. recreational camp) are classified according to their respective activities.

Attachment C
ZA-22-0001: Zoning Code Amendments Project (Track Changes) 1 1. Table 17.22.030-1 is revised as shown below to address residential care home, supportive housing, and transitional housing uses consistent with the requirements of State law. Note: Only the affected rows of Table 17.22.030-1 and Footnote 5 are shown below.

Supportive Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone, except as otherwise provided by Section

17.116.050.

Section 17.116.050
Transitional Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone.

Section 17.116.050

5. Permitted with Administrative Site Plan Review when ancillary to a church, place of worship, or other religious use.

Attachment C
ZA-22-0001: Zoning Code Amendments Project (Track Changes) 2 2. Table 17.24.030-1 is revised as shown below to address residential care home, supportive housing, and transitional housing uses consistent with the requirements of State law. Note: Only the affected rows of Table 17.24.030-1 and Footnote 8 are shown below.

Supportive Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone, except as otherwise provided by Section 17.116.050.

Section 17.116.050
Transitional Housing Allowed subject to the restrictions applicable to a dwelling unit of the same type in the same zone.

Section 17.116.050

8. Permitted with Administrative Site Plan Review when ancillary to a church, place of worship, or other religious use.

Attachment C
ZA-22-0001: Zoning Code Amendments Project (Track Changes) 3 3. Section 17.116.040 is clarified to identify where emergency shelters are allowed with a Conditional Use Permit and Administrative Site Plan Review.

17.116.040 – Emergency Shelters
A. Emergency shelters are allowed in the R-4 zone with a Conditional Use Permit and in the M-1 and M-2 zones through Administrative Site Plan Review.

B. Emergency shelters are allowed as an accessory use ancillary to religious institutions with an Administrative Site Plan Review.

C. Where allowed, emergency shelters are subject to the standards that apply to residential or commercial development in the same zone and are also subject to the following requirements:

4. Section 17.116.050 is clarified to identify that transitional housing will be permitted consistent with the requirements of the California Government Code.

Agenda Item
DATE: February 7, 2023
TO: Mayor Rhoades and City Council
FROM: John Alfred, Police Chief
SUBJECT: Receive and file Ione Police Department’s Military Equipment Policy.

RECOMMENDED ACTION:

Receive and file Ione Police Department’s Military Equipment Policy.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

BACKGROUND:

AB 481 was authored by Assembly member David Chiu (D-San Francisco) to address law enforcement agencies' funding, acquisition, and use of Military Equipment. The Assembly Bill creates more transparency, oversight, and accountability in the use and acquisition of police equipment which qualifies by definition as Military Equipment. On September 30, 2021, Governor Newsom signed AB 481 into law. The full text of AB 481 is attached.

ATTACHMENTS:

Policy 709 – Military Equipment Policy
Assembly Bill No. 481
Exhibit A – Ione Police Military Equipment Inventory
# 5
Policy
709
Ione Police Department
Ione PD Policy Manual
Copyright Lexipol, LLC 2023/01/26, All Rights Reserved.

Published with permission by Ione Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
709.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
709.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the [Department/Office] is the Ione City Council.

Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
• Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by a governing body or a state agency to require additional oversight.

Ione Police Department
Ione PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/26, All Rights Reserved.

Published with permission by Ione Police Department ***DRAFT*** Military Equipment - 2 709.2 POLICY
It is the policy of the Ione Police Department that members of this [department/office] comply with the provisions of Government Code § 7071 with respect to military equipment. 709.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this [department/office] to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying [department/office] equipment that qualifies as military equipment in the current possession of the [Department/Office], or the equipment the [Department/ Office] intends to acquire that requires approval by the governing body. (c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Ione Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the [department/office]’s funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the [department/office] website (Government Code § 7072).
(g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the [Department/Office] will respond in a timely manner. 709.4 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment for the [Department/Office]:

Exhibit A
709.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the [department/office] website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):

Ione Police Department
Ione PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/01/26, All Rights Reserved.

Published with permission by Ione Police Department ***DRAFT*** Military Equipment - 3 (a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this [department/office]. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 709.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the military equipment is approved for use in accordance with this policy. 709.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the [department/office] website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in [department/office] inventory. 709.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the [Department/Office] shall hold at least one well-publicized and conveniently located community engagement meeting, at which the [Department/Office] should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

Ione Police Department Assembly Bill 481-
Military Equipment Inventory
Exhibit A
Ione Police Department AB 481-Military
Equipment Inventory
Page | 2
This document has been created in accordance with California Assembly Bill 481 (AB-481), codified in California Government Code sections 7070-7075.

The equipment identified in this document is stored and/or used at the Ione Police Department operated facilities.

It is the policy of the Ione Police Department to ensure we provide adequate public safety services in a transparent manner, including the purchase and use of military equipment. Decisions regarding the use, procurement and funding of military equipment should take into consideration the public's welfare, safety and civil rights and allow for public input.

The Department shall make the following considerations before seeking authorization for purchasing military equipment:
• The equipment is necessary because there is no reasonable alternative that could provide the same objective of deputy and civilian safety.
• The equipment is reasonably cost-effective compared to alternatives that can achieve the same objectives of deputy and civilian safety.

The procurement or use of any new type of military equipment, not already in possession of the Department, or approved on the current Military Equipment Policy, will require the approval of the Ione City Council. These procedures are also outlined in the Ione Police Department Policy Section 709.

Ione Police Department Policy 709 Military Use Equipment may be referred to for additional information regarding:
• The definition and types of military equipment as defined in California Government Code section 7070 (c)(1)-(16).
• The approval process for the purchase of any additional military equipment. • The requirements for the annual review of the Military Equipment Report as defined by California Government Code Section 7071(e).

The Ione Police Department is subject to independent oversight by the Amador County Grand Jury. Additionally, the actions of peace officers may be subject to review for violations of California law by the Amador County District Attorney's office, and the California State Attorney General's Office. Additionally, the U.S. Attorney has the ability to investigate and prosecute for violations of federal civil rights laws under color of authority.

Violations of the Military Equipment Use Policy by members of the Police Department may result in sanctions including suspension or termination.

Ione Police Department AB 481-Military
Equipment Inventory
Page | 3

TABLE OF CONTENTS

1.0 Command and Control Vehicles

2.0 Firearms/ammunition of .50 caliber or greater

3.0 Specialized firearms/ammunition less than .50 caliber

4.0 40mm launchers, Less Lethal Bean Bag shotgun and munitions Ione Police Department AB 481-Military
Equipment Inventory
Page | 4

1.1 Command and Control Vehicles
2016 Chevrolet Tahoe
Command Vehicle
Description Command Vehicle – 2016 Chevrolet Tahoe
Quantity 1
Capability A vehicle used as a mobile office that provides shelter, access to department computer systems, mobile dispatch center during extended large pre-planned events, natural disasters, searching for missing persons, and community events.

Life Span 100,000 – 130,000 Miles
Manufacturer's Desc This is a standard 2016 Chevrolet chassis developed as a command vehicle. There is no specific manufacturer description.

Purpose The command vehicle is utilized as a remote command center in the event of the loss of its primary command center located at 1 E. Main St.

Legal IPD Policy 705.5 – Special Purpose Vehicles. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.

Costs Initial Cost: $47,000
Re-Occurring Costs: $0
Maintenance Costs: As needed
Year Obtained: 202
How was it Bought: City Funds
Required Training No additional training. Class C license.

1.0 CATEGORY – 5 COMMAND AND CONTROL VEHICLES THAT ARE EITHER

BUILT OR MODIFIED TO FACILITATE OPERATIONAL CONTROL AND DIRECTION OF PUBLIC SAFETY UNITS.

Ione Police Department AB 481-Military
Equipment Inventory
Page | 5

2.1 Bean Bag Shotgun
Remington Model 870™ Bean
Bag Shotgun
Description Remington Model 870™ Bean Bag Shotgun
Quantity 6
Capability Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of sixty feet.

Life Span 25 Years
Manufacturer's Desc The Remington Model 870™ is a pump-action shotgun design with ultimate strength, durability, silky-smooth bind-free action, with sleek and classical lines. As one of the most popular shotguns, the Model 870 is offered in dozens of configurations to suit hundreds of applications.

Purpose Beanbags are less-lethal munitions used as an option to de-escalate a potentially dangerous/deadly situation, with a reduced potential for death or serious injury to all persons involved. It is accepted that the probability exists for bodily harm to occur. However, it must also be accepted that the application of such force may be the only alternative to using lethal force to stop the subject's actions. Situations when the deployment of less-lethal beanbags is authorized but not limited to include self-destructive, dangerous, and/or combative individuals.

Legal Use of Force Policy, Control Devices and Techniques Policy, LessLethal Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.

Costs Initial Cost:
approximately $500
Re-Occurring Costs: $0
Maintenance Costs: $0 to $25 per year
Years Obtained: Unknown
How was it Bought: Unknown
Required Training Officers that have been trained in the use of the beanbag shotgun undergo thorough classroom and live-fire training in its use and application.

Additionally, officers trained in the use of the beanbag shotgun must pass annual qualifications to maintain proficiency and certification.

2.0 CATEGORY 8 – FIREARMS AND AMMUNITION OF .50 CALIBER OR

GREATER, EXCLUDING STANDARD-ISSUE SHOTGUNS AND STANDARD-ISSUE

SHOTGUN AMMUNITION
Ione Police Department AB 481-Military
Equipment Inventory
Page | 6

3.1 AR-15 Style Semiautomatic Rifle
AR-15 Style
Semiautomatic Rifle
Description Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance.

Quantity 19
Capability Carbine-style firearms owned by this department that can fire .223/5.56mm caliber projectiles accurately over 100 yards.

Life Span No Expiration
Manufacturer's Desc The carbine rifle is a firearm capable of stopping an armed subject at various distances. It is a lightweight, air-cooled, gas-operated, magazine fed shoulder fired weapon capable of operating in semiautomatic and selective fire modes. These rifles fire a .223 or 5.56 caliber cartridge, which is capable of penetrating soft body armor worn by armed subjects.

Purpose Members may deploy the patrol rifle in any circumstance where the member can reasonably expect the rifle to be needed. Examples of some general guidelines for deploying the patrol rifle may include, but are not limited to:
a. Situations where the member reasonably anticipates an armed encounter.
b. When a member is faced with a situation that may require accurate and effective fire at long range.
c. Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
d. When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
e. When a member reasonably believes that a suspect may be wearing body armor.
f. When authorized or requested by a supervisor.
g. When needed to euthanize an animal.

Legal All applicable federal, state, and local laws governing police use of force, and various Ione Police Department policies regarding use of force and firearms. Refer to Ione PD Policies 300 and 312, for more information on the use and training of Patrol Rifles.

3.0 Category 10 - AR-15 Style Semiautomatic Rifle
Ione Police Department AB 481-Military
Equipment Inventory
Page | 7
Costs Unit Cost: $1,039.75 per unit
Re-Occurring Costs: $0
Maintenance Costs: $0 to $25 per year
Years Obtained: Unknown
How was it Bought: Unknown
Required Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members operating any rifle must pass a range qualification and training quarterly.

Ione Police Department AB 481-Military
Equipment Inventory
Page | 8

3.2 Remington Bronze .223
Remington Bronze .223
Ammunition
Description Remington Bronze .223 Ammunition
Quantity 3000
Capability Long Range Ammunition
Life Span 25 Years
Manufacturer's Desc Great for plinking, hunting and target shooting, the PMC Bronze .223 Remington 55-Grain Rifle Ammunition is designed with a non-corrosive boxer primer that allows for multiple reloads. The muzzle velocity and muzzle energy ensure consistent performance.

Purpose Range training
Legal Use of Force Policy, Control Devices and Techniques Policy, LessLethal Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.

Costs Initial Cost: .64 Cents a
round
Re-Occurring Costs: $0
Maintenance Costs: $0 per year Years
Obtained: 12/2022
How was it Bought: Ione Police Department Budget
Required Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members operating any rifle must pass a range qualification and training quarterly.

Ione Police Department AB 481-Military
Equipment Inventory
Page | 9

3.2 Speer LE .223 Ammunition
Speer LE .223 Ammunition
Description Speer LE Gold Dot .223 Rem Duty Ammunition
Quantity 200
Capability Long Range Ammunition
Life Span 25 Years
Manufacturer's Desc Speer® Gold Dot® ammunition’s reliability has made it the No. 1 choice for law enforcement, and we offer the same performance for self-defense rifle applications. Gold Dot rifle is engineered to provide industry-leading performance in FBI protocol testing through barrels less than 16 inches long. Its bullets are built using Speer’s exclusive Uni-Cor® method. The jacket is bonded to the core one atom at a time, virtually eliminating core-jacket separation and creating a projectile that’s accurate, tough and consistent through all common barriers.

Purpose Duty ammunition for patrol rifles
Legal Use of Force Policy, Control Devices and Techniques Policy, LessLethal Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.

Costs Initial Cost: $1.69 a round
Re-Occurring Costs: $0
Maintenance Costs: $0 per year
Years Obtained: 2021
How was it Bought: Ione Police Department Budget
Required Training Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members operating any rifle must pass a range qualification and training quarterly.

Ione Police Department AB 481-Military
Equipment Inventory
Page | 10

4.1 Federal Laboratories 203A Launcher
Federal Laboratories 203A
Launcher
Description Federal Laboratories 203A Launcher
Quantity 1
Capability The FL-203A Less-Lethal Launcher is a single shot, shoulder-fired device that fires non-lethal munitions and liquids. Its ammunition includes 37 and 38mm baton and tear gas rounds. The baton rounds are cylindrical, rubber projectiles. Projectiles provide blunt impact, marking, and oleoresin capsicum (OC) effects to deny access, move, and/or suppress individuals from 5–15 meters.

Life Span No lifespan indicated by the manufacturer. Lifespan varies on operational usage and wear.

Manufacturer's Desc The FL-203A Less-Lethal Launcher is constructed from durable materials, with comfortable ergonomics, and an easy-tooperate safety. The FL-203A Launcher is equipped with iron sights.

Purpose The FL-203A is a less-lethal, single-shot launcher that launches plastic sphere projectiles. The plastic spheres burst on impact and release paint or contain PAVA powder (The name "PAVA" stands for Pelargonic Acid Vanillyl Amide, also called Nonivamide, and is the organic compound characteristically in natural chili pepper). The OC powder can effectively control, dissuade or disperse an individual(s) engaged in violent or riotous behavior.

Legal Use of Force Policy, Crowd Demonstration and Management Policy, and Control Devices and Techniques Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.

Costs Initial Cost: $299.99
Re-Occurring Costs: $0
Maintenance Costs: $0-$100
Year Obtained: Unknown
How was it Bought: Received through DRMO (military surplus) Required Training Officers authorized to carry and use the FL-203A must have completed the POST-approved Less-Lethal course.

4.0 14 – KINETIC ENERGY WEAPONS AND MUNITIONS
Ione Police Department AB 481-Military
Equipment Inventory
Page | 11

4.2 Bean Bag Rounds
Bean Bag
(12-Gauge)
Description 12-Gauge Shotgun Bean Bag Rounds
Quantity 0
Capability Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of 75 feet.

Life Span Five years from manufacturer date
Manufacturer's Desc The Drag Stabilized™ 12-Gauge Round is a translucent 12-gauge shell loaded with a 40-gram tear-shaped bag made from a cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails and utilizes smokeless powder as the propellant.

The 12-Gauge Drag Stabilized Round has secured its place as the law enforcement communities' number one choice for specialty impact munitions. This round has a velocity of 270 feet per second with a maximum effective range of 75 feet.

Purpose Beanbag shotguns used with beanbag rounds may be deployed to impact subjects who demonstrate assaultive or life-threatening behavior. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon. The main objectives that officers attempt to achieve in using a beanbag round on a subject exhibiting any of the criteria mentioned above are to effect investigative detention or arrest; control a subject who is in lawful custody; prevent an escape; or protect the officer, the subject, or another person from injury or death.

Legal Use of Force Policy, Crowd and Demonstration Management Policy, and Control Devices and Techniques Policy, First Amendment Assemblies Policy. The department shall only utilize this equipment for official law enforcement purposes and pursuant to State and Federal Law and applicable department policy.

Costs Initial Cost: $6 Each
Re-Occurring Costs: $0
Maintenance Costs: $0
Year Obtained: N/A
How was it Bought: Ione Police Department Budget
Required Training Officers that have been trained in the use of the beanbag shotgun undergo thorough classroom and live-fire training in its use. Additionally, officers trained in the use of the beanbag shotgun must pass annual qualifications to maintain proficiency.

Agenda Item
DATE: February 7, 2023
TO: Mayor Rhoades and City Council
FROM: Michael Rock, City Manager
SUBJECT: PERC Contract Update
RECOMMENDED ACTION:

Receive and File this Report.

FISCAL IMPACT:

There is no impact for this report.

BACKGROUND:

The contract with PERC (Asset Management Service Agreement-the Contract) was first entered into between PERC and the City of Ione effective July 1, 2009. The Contract was executed by the City Manager and City Attorney at the time. Subsequently, the Contract was extended from the initial two-year term (2009-2011) to 2013 and thereafter to 2019 and 2021. All of the extensions were duly executed, with the last two extensions being accomplished by letter agreement executed by the then Mayor (Atlan and Reed) and approved as to form by the City Attorney. In 2021 the City Council approved the final two-year extension allowed by the Contract.

Thus, PERC’s Contract expires on June 30, 2023.

In March of this year, staff will present the Wastewater Committee and then the City Council a Cost-Benefit Analysis as requested by the City Council in 2021. This Analysis will compare the cost of operating the WWTP and the Tertiary Plant with an outside contractor (the present operation) verses having the City directly operate the two plants with City staff.
# 6
2333989.2 14465.007
MONA G. EBRAHIMI
[email protected]
1331 Garden Hwy, 2nd Floor | Sacramento, CA 95833 T. 916.321.4500 | F. 916.321.4555 www.kmtg.com January 23, 2023
VIA E-MAIL AND U.S. MAIL
Julia Burns, President ([email protected])
Jim Whitaker, Clerk ([email protected])
James Marzano, Trustee ([email protected])
Kayla Rae Parker, Trustee ([email protected])
Shane Crowe, Trustee ([email protected])
Amador County & Unified School District - District Office 217 Rex Avenue
Jackson, CA 95642
Re: Amador Consolidated High School Plan - CEQA Compliance, Brown Act Compliance Dear Board of Trustees:

I am contacting you on behalf of my client, the Amador County Transportation Commission ("ACTC") regarding the Amador County School District's ("District") anticipated Amador Consolidated High School Plan ("Consolidation Plan" or "Plan").

By way of background, ACTC is the Regional Transportation Planning Agency and Local Transportation Commission to Amador County. ACTC's mission includes the protection and advancement of local, regional, and state travel to the benefit of County citizens, visitors, and guests. In this vein, it is ACTC's responsibility to advocate for smart planning that is a catalyst for fluid, unimpeded traffic in the present and future.

ACTC is concerned about the Consolidation Plan's impacts to traffic and is eager to aid the District in identifying and mitigating any such impacts as required by the California Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA"). Indeed, ACTC sent letters to Deputy Superintendent Jared Critchfield on October 12, 2022 and on December 7, 2022 expressing the same concerns, among other things. Neither ACTC commissioners, staff, nor I received a response to either letter. Copies of those letters are attached hereto for your further consideration.

I am reaching out again in hopes that you, the new District Board of Trustees ("Board"), are receptive to ACTC's offer to collaborate and ensure all Consolidation Plan traffic impacts are identified and mitigated in compliance with CEQA. It has come to ACTC's attention that the Board already took steps to advance the Consolidation Plan. As early as May of this past year, the Board approved the options for the Consolidation Plan. It is unclear what, if any, environmental analysis was done at that time. As you know, CEQA requires that a lead agency consider all impacts to the environment prior to taking any action that commits the agency to a definitive course of action. (14 CCR § 15352.) # 7
Board of Trustees, Amador County & Unified School District Re: Amador Consolidated High School Plan
January 23, 2023

Page 2 ends

2333989.2 14465.007
On January 18, 2023, the Board passed a resolution apparently approving the Consolidation Plan. That Resolution expressly delayed CEQA environmental review until a later date. The District may not piecemeal aspects of the Consolidation Plan and evade CEQA and/or other laws. To the extent you have any CEQA analysis conducted, please provide all documentation related to the Board's May 2022 and January 2023 approvals related to the Consolidation Plan, including, but not limited to, any documentation of traffic impact analysis and mitigation of such impacts.1 ACTC is legally obligated to and would like to work with you to ensure that all traffic impacts are identified, analyzed, and mitigated in order to preserve local and regional traffic flow. ACTC has specialized knowledge and experience in such matters, as well as a responsibility to advocate for the same, and is eager to be a resource to the District. Please respond with information on how the District intends to comply with CEQA in approving the Consolidation Plan, especially as it relates to traffic impacts, as well as with information on how ACTC can be part of that process.

Further, the District has failed to comply with the Brown Act in multiple instances related to the Consolidation Plan. This issue was raised in my December 7, 2022 letter and, thus far, there has been no cure or correction. This is concerning especially because there is high likelihood that these violations will repeat themselves. Specifically, the Consolidation Plan was agendized for the May 11, 2022 Board meeting. During that meeting, it was voted down to be brought back on June 8, 2022. Then, at the May 24, 2022 Board meeting, it was agendized, the Board considered the matter, and the Board voted 5 to 2 in favor of approval. Both times the Plan was agendized, it was only described as "School consolidation" with no mention of a CEQA determination or possibility of Board action on the Plan.

The Brown Act requires factually accurate and sufficient information be on an agenda to inform the public of what is going to be discussed. (Gov. Code, § 54954.2(a)(1) [each agenda item required to contain "brief general description"]; id. at (3) ["no action or discussion shall be undertaken on any item not appearing on the agenda"].) Here, the District failed – the agenda description was fragmentary, lacking in relevant detail, and did not mention any proposed action. Further, the Board failed to abide by its own instruction – saying it would discuss the matter in June but actually discussed and approved it sooner.

This is misleading to the public and contrary to the spirit of the Brown Act. As such, this letter is, first, a cease and desist notice for the Board to stop violating the Brown Act and, second, a request that you cure and correct the past violations by re-agendizing and reconsidering the Consolidation Plan in a manner that complies with the Brown Act.

Finally, please include ACTC as well as me in all future public communications, meeting notices, and CEQA notices related to the Consolidation Plan. (Gov. Code, § 54954.1; Pub. Res. Code, § 21092.2.) I requested the same in the December 7, 2022 letter and failed to receive any notice related to the January 18, 2023 meeting. You may provide such notice electronically to [email protected] and [email protected].

Please respond to the matters raised in this letter no later than January 31, 2023. If I do not hear back from you before that date, ACTC may resort to all remedies available to it in law and equity. 1 Please treat this as a request for records pursuant to the California Public Records Act, Government Code section 7920.000 et seq.

Board of Trustees, Amador County & Unified School District Re: Amador Consolidated High School Plan
January 23, 2023

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2333989.2 14465.007
Very truly yours,

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
MONA G. EBRAHIMI
Attached:

October 12, 2022 Letter to Deputy Superintendent J. Critchfield December 7, 2022 Letter to Deputy Superintendent J. Critchfield cc: Torie F. Gibson, Ed.D., ACUSD Superintendent - [email protected] Yvonne Kimball, Jackson City Manager - [email protected] Amy Gedney, Sutter Creek City Manager - [email protected] Michael Rock, Ione City Manager - [email protected]
Gregoria Ponce, Caltrans - District 10 Local Intergovernmental Review Senior Transportation Planner - [email protected]
Chuck Iley, Amador County Administrative Officer – [email protected] 2300223.1 14465-001
MONA G. EBRAHIMI
[email protected]
1331 Garden Hwy, 2nd Floor | Sacramento, CA 95833 T. 916.321.4500 | F. 916.321.4555 www.kmtg.com October 12, 2022
VIA E-MAIL AND U.S. MAIL
Jared Critchfield, Deputy Superintendent
Amador County Unified School District
Amador County Office of Education
217 Rex Avenue
Jackson, CA 95642
E-Mail: [email protected]
Re: Amador Consolidated High School Plan
Dear Mr. Critchfield:

As you are aware, we represent the Amador County Transportation Commission ("ACTC") related to its interests in the Amador County School District's ("District") plan for Amador Consolidated High School ("Consolidation Plan" or "Project"). This follows ACTC's Board meeting of October 6, 2022, wherein the Board was able to share some of ACTC's concerns regarding the proposed Project as well as an approach moving forward, including the District's anticipated compliance with the California Environmental Quality Act ("CEQA").

ACTC is a State-designated regional transportation planning agency. Its mission includes the protection and advancement of local, regional, and intrastate travel for the benefit of Amador County residents, workers, business people, and visitors. In reviewing the District's Consolidation Plan, as set forth on the District's public website, it is clear the Consolidation Plan "has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment." (Pub. Resources Code, § 21065; CEQA Guidelines § 15378(a).) Hence, environmental review is required. ACTC has identified numerous traffic impacts that will result from the Project, which will need to be analyzed and mitigated through the CEQA process.

As discussed, ACTC is now informed the District took Board action in May of this year to advance the Consolidation Plan, which may be interpreted as approval of the Project without having first completed the CEQA process. (See Save Tara v. City of West Hollywood (2008) 45 Cal.4th 116, 130.) "The CEQA Guidelines define 'approval' as 'the decision by a public agency which commits the agency to a definite course of action in regard to a project.' " (Ibid. [citing Cal. Code Regs., tit. 14, § 15352, subd. (a).].) CEQA analysis informs the decision-making process, and should be completed before any Project commitments are made. At the October 6, 2022 ACTC meeting, your representatives confirmed that the District was prepared to carry out the Project with or without the bond funding because it has sufficient money. While there are likely additional approvals required, the District should not have committed to the Consolidation Plan without first completing and certifying an Environmental Impact Report ("EIR").

Nevertheless, the District is required to comply with CEQA and complete appropriate and adequate environmental review, including, but not limited to, mitigating all traffic impacts, before advancing any further approval of the Project, and most certainly before the Project is operational. It is completely inappropriate to attempt mitigation after the Project is already operational.

Jared Critchfield
October 12, 2022

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2300223.1 14465-001
To assist in your review, and as a responsible agency for purposes of CEQA, ACTC has identified the following impacts and potential mitigation measures. A necessary traffic study will likely identify additional impacts and new and different mitigation measures and this list is not exhaustive. • Impacts:
• Traffic impacts will include increased congestion during drop off and pick up, which increase air pollution from idling and reroute other traffic to longer, alternative routes, increasing vehicles miles traveled (VMT). • Public safety impacts are likely to result from increasing the number of students in a single location.
• Traffic impacts to numerous local, regional, and state highway intersections from increased student enrollment at consolidated schools. Students presently walking to schools will now be forced to travel by car.
• Potential Mitigation:
• An expanded and extended drop-off area, which separates individual drop offs from busses.
• Automated gates.
• An internal circulation plan that contemplates emergency circumstances. • Fair-share contributions towards off-site roadway improvements.

ACTC reiterates its request to receive notice of any Project action, including any notices of preparation or other CEQA documents, as well as notice of any Project meetings, discussions, reviews, or approvals. ACTC looks forward to working with the District to ensure that reasonable and effective mitigation measures are implemented to reduce any impacts from the Project to less than significant.

Very truly yours,

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
MONA G. EBRAHIMI
MGE/dlc
cc: Torie F. Gibson, Ed.D., ACUSD Superintendent - [email protected] Yvonne Kimball, Jackson City Manager - [email protected] Amy Gedney, Sutter Creek City Manager - [email protected] Michael Rock, Ione City Manager - [email protected]
Gregoria Ponce, Caltrans - District 10 Local Intergovernmental Review Senior Transportation Planner - [email protected]
Chuck Iley, Amador County Administrative Officer – [email protected] 2325121.3 14465-007
MONA G. EBRAHIMI
[email protected]
1331 Garden Hwy, 2nd Floor | Sacramento, CA 95833 T. 916.321.4500 | F. 916.321.4555 www.kmtg.com December 7, 2022
VIA E-MAIL AND U.S. MAIL
Jared Critchfield, Deputy Superintendent
Amador County Unified School District
Amador County Office of Education
217 Rex Avenue
Jackson, CA 95642
E-Mail: [email protected]
Re: Amador Consolidated High School Plan—Brown Act Cure and Correct/Cease and Desist Letter and CEQA Notice
Dear Mr. Critchfield:

This is a follow up to our letter of October 12, 2022, sent on behalf of the Amador County Transportation Commission (“ACTC”) regarding the Amador County School District’s (“District”) plan for Amador Consolidated High School (“Consolidation Plan” or “Project”).

As an initial matter, we have not received any response to our prior correspondence. This includes any notice of preparation or other notice of commencement of environmental review under the California Environmental Quality Act (“CEQA”) as requested at the ACTC Board meeting of October 6, 2022, and reiterated in our letter. We repeat that ACTC is not taking a position on the merits of the proposed Project, however, there are clear and significant impacts to traffic resulting from the proposed Project, which will need to be appropriately analyzed and mitigated. ACTC remains ready to participate in the District’s process to ensure reasonable and effective mitigation measures are implemented.

We further note there were multiple Brown Act deficiencies related to the District’s purported approval of the proposed Project in May of 2022, including the failure to properly agendize the item for approval or provide any CEQA determination. Accordingly, ACTC was only informed of the District’s purported approval by your and Ms. Gibson’s representations at the October 6, 2022 ACTC meeting, which were paired with a promise that the District would undertake appropriate environmental review and mitigation.

The District's failure to properly and accurately agendize action items prevents ACTC and the public from even knowing what will be discussed and/or acted upon at a board meeting. As such, this letter serves as a cease and desist notice and request to cure and correct your past Brown Act violation. Specifically, on May 24, 2022, the Board voted 5 to 2 in favor of a discussion/action item described only as “School Consolidation.” Actually, this matter was first agendized for the May 11, 2022 meeting, but was voted down to be brought back on June 8, 2022 (not May 24). Then, at the May 24, 2022 meeting, the Board Jared Critchfield
Re: Amador Consolidated High School Plan
December 7, 2022

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2325121.3 14465-007
considered this matter, and it was agendized only as "School Consolidation". Nothing in this description includes a CEQA determination or possibility of action on the Project, as required by the Brown Act.

The recent court decision of G.I. Industries v. City of Thousand Oaks, 2d Civ. No. B317201 (October 26, 2022) supports ACTC's position and clarifies that the Brown Act applies to CEQA decisions, including CEQA exemption determinations, discussed or voted upon during the regular meetings of the legislative bodies, meaning that such items of business must be listed on those meeting agendas at least 72 hours prior to the meeting. Please cure and correct this violation.

Please provide us with notice of this meeting, along with notice of any Project action, including any notices of preparation or other CEQA documents, as well as notice of any Project meetings, discussions, reviews, or approvals. We look forward to receipt of appropriate notices (both CEQA and other approvals or developments) so that we may effectively participate in the required environmental review and analysis of the proposed Project.

Finally, as a result of the bond measure not passing this election, we were made aware that the District may be seeking to use traffic impact fees for projects unrelated to the purposes for which the impact fees were collected. Such use of impact fees is illegal under the Mitigation Fee Act. (Gov. Code, §§ 66001, 66006, 66008.) We urge the District to review the purposes for which any developer impact fees were collected and ensure that any expenditure of those fees comply with the Mitigation Fee Act and other applicable regulation. Traffic fees should be used for the purpose for which they were collected.

If you have any questions concerning the above-referenced matters, please contact me.

Very truly yours,

KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
A Professional Corporation
MONA G. EBRAHIMI
MGE/las
cc: Torie F. Gibson, Ed.D., ACUSD Superintendent - [email protected] Yvonne Kimball, Jackson City Manager - [email protected] Amy Gedney, Sutter Creek City Manager - [email protected] Michael Rock, Ione City Manager - [email protected]
Gregoria Ponce, Caltrans - District 10 Local Intergovernmental Review Senior Transportation Planner - [email protected]
Chuck Iley, Amador County Administrative Officer – [email protected]

Ione City CouncilFebruary 7, 2023

Ione City Council
February 7, 2023