Agenda, regular meeting, first session — Ione City Council, November 7, 2023

REGULAR MEETING STARTS AT 6:00 PM
Mayor Stacy Rhoades
Vice Mayor Jack Mitchell
Councilmember Dominic Atlan
Councilmember Alison LaFayne
Councilmember Diane Wratten
AT 1 E. MAIN STREET, IONE, CA 95640

AND VIA ZOOM
The City of Ione is inviting you to a scheduled Zoom meeting.

Join Zoom Meeting
https://zoom.us/j/2351961316?pwd=d3lWTW0zbVJLblpQNXBDQWtpZkRyUT09 Meeting ID: 235 196 1316
Passcode: 95640
Tuesday, November 7, 2023

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.

A. ROLL CALL
B. CLOSED SESSION:

PUBLIC EMPLOYMENT, pursuant to Government Code Section 54957. Title: City Manager.

If all matters are not completed prior to the regular meeting start time, the City Council will convene to Closed Session after the Regular Meeting ends. 6:00 P.M. REGULAR MEETING AGENDA
A. PLEDGE OF ALLEGIANCE
B. REPORT OUT OF CLOSED SESSION
C. APPROVAL OF AGENDA
D. PRESENTATIONS/ANNOUNCEMENTS: None
E. 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? F. INFORMATION ITEMS:

All matters listed under this category are for information only with no action to be taken by the City Council.

G. CONSENT CALENDAR:

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 Councilmember(s).

1. Minutes of October 3, 2023 and October 17, 2023
Recommendation: Approve Minutes of October 3, 2017 and October 17, 2023 Meeting.

2. November 7, 2023 Warrants
Recommendation: Staff recommends that the council review and approve the attached report for payment totaling $188,145.37

3. Re-Appointments to the Planning Commission
Recommendation: By motion, confirm Mayor Rhoades recommendation to reappoint Mark Gebhardt, Amber Hoiska and Michael Politi to the Planning Commission. Appointments will expire October, 2027.

4. Appointments to Parks and Recreation Commission
Recommendation: By motion, confirm Mayor Rhoades’ recommendation to appoint Larry Caputo and Renee Hansen to the Parks & Recreation Commission to fill the vacancies left by Angie Avila and Sheldon Windley. Appointments will expire September, 2025.

H. PUBLIC HEARING:

1. Introduce and Waive First Reading of an Ordinance Amending Ione Municipal Code 8.12 – Abandoned Vehicle Abatement.

Recommendation:
1) Hold a public hearing.
2) Waive the reading of the proposed Ordinance.
3) Adopt Ordinance No. *** amending the current Ione Municipal Code section

8.12 to allow for additional enforcement of abandoned vehicle abatement by Amador County if needed.

2. 2021-2029 6th Cycle Hosing Element Update.

Recommendation: Adopt Council Resolution No. 2023-**, A Resolution of The City of Ione City Council Adopting A General Plan Amendment To Update The Housing Element Of The General Plan For The 6th Cycle Period Of 2021-2029 To Affirmatively Further Fair Housing And Substantially Comply With State Housing Element Law.

I. REGULAR AGENDA:

1. Response from CDCR Regarding City’s Letter to CDCR to Cease Sending Water to the COWRF.

Recommendation: For information and staff direction.

2. Follow Up from Wastewater Committee Meeting for Council Approval.

Recommendation: Adopt Resolution 2023-* Authorizing the City Manager to Execute Task Order 5 With West Yost For The Development Of A Pretreatment Of Effluent Program.

3. 2023 Addendum to the Howard Park Master Plan.

Recommendation: Adopt Resolution 2023-**A Resolution of the City Council of the City of Ione approving the 2023 Addendum to the Howard Park Master Plan.

J. REPORTS AND COMMUNICATIONS FROM CITY ATTORNEY
K. REPORTS AND COMMUNICATIONS FROM CITY MANAGER
L. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA ITEMS M. RESUME TO CLOSED SESSION IF NECESSARY
N. REPORT OUT OF CLOSED SESSION
O. ADJOURNMENT TO REGULAR MEETING ON NOVEMBER 21, 2023
Upcoming Meetings:

November 9th: Creek Committee Meeting 6:00 P.M.

November 14th: Planning Commission Meeting 6:00 P.M.

November 21st: City Council Meeting 6:00 P.M.

November 28th: Wastewater Committee Meeting 3:00 P.M.

Parks and Recreation Commission Meeting 6:00 P.M.

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.

Agenda Item #G1

CITY OF IONE COUNCIL MEETING MINUTES
Meeting of October 3, 2023
Mayor Rhoades called meeting to order at 6:00 PM
A. ROLL CALL:

Present: Stacy Rhoades, Mayor
Jack Mitchell, Vice Mayor
Dominic Atlan, Councilmember
Alison LaFayne, Councilmember
Diane Wratten, Councilmember
Staff: Amy Gedney, Interim City Manager
Andy Pinasco, City Attorney
Janice Traverso, City Clerk

B. CLOSED SESSION: It was moved by Mayor Rhoades, seconded by Councilmember Atlan and carried to move the Closed Session item to the end of the meeting.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to
Government Code Section 54957. Title: City Manager
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

C. MAYOR RHOADES LED THE PLEDGE OF ALLEGIANCE.

D. APPROVAL OF AGENDA:

It was moved by Vice Mayor Mitchell, seconded by Councilmember Wratten and carried to add an emergency item to the agenda, Adoption of Resolution No. 2023- 44, supporting the re-establishment of the Amador County Vehicle Abatement Program and the renewed imposition of the $1.00 fee per vehicle registration subject to voter approval at an election.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
Chief John Alfred explained that the Abandoned Vehicle Abatement Program is a State of California program that helps counties and incorporated cities receive funding to offset the costs of removing abandoned vehicles. In 2022 the $1.00 vehicle registration fee expired and was not approved by voters. It was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried to adopt Resolution No. 2023-44 supporting the re-establishment of the Amador County Vehicle Abatement Program and the renewed imposition of the $1.00 fee per vehicle registration subject to voter approval at an election.

Agenda Item #G1
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
It was moved by Councilmember Atlan, seconded by Councilmember Wratten and carried to approve the agenda with the following amendments:
1) Move Second Quarter Groundwater Monitoring Results under Information Item to Regular Agenda (Wratten)
2) Pull Warrants under Consent Calendar for discussion (LaFayne) AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
E. PRESENTATIONS/ANNOUNCEMENTS: None

F. PUBLIC COMMENT:

Kip Garvey:
• On behalf of the 108 members of the Castle Oaks Senior Golf Club, all other citizens in town who enjoy the golf course and the property owners surrounding the golf course we would like to thank the Council for the providing us with adequate water for the golf course.
• Asked Mayor Rhoades to publicly post his covenant candied jalapeno pumpkin pie recipe.

Dave Anderson:
• Confirmed the email address for Councilmember Atlan which was issued by Mule Creek State Prison
• Mr. Atlan has committed a conflict of interest violation and acted as an agent of CDCR. His vote has nullified when the vote was taken by the full City Council and thus invalidated the approval to accept CDCR contaminated affluent.
• Taking a Council vote without the action being on the agenda or announcing the result is a Brown Act violation.
• City Council has claimed privilege over documents which has grievously impacted the residents of Ione. Refusal to release the data which the vote was based on will be reported to the appropriate authority including the California Bar.
• The City Council vote was illegal because no environment review has ever been done, no wastewater discharge permit provides for land application and the discharge violates Prop 65. Lawsuits that will be filed will include all of those who participated in the violation of the prohibitions put in place to protect the citizens.

Agenda Item #G1
• When working at Mule Creek State Prison my crew and I uncovered the illegal dumping into Mule Creek in 2018. Since that time we have experienced the affects of chemical contaminated we were exposed to. I still have permanent damage that I am still dealing with.

Andy Aguilera asked the City to look at a section of Shakeley Lane that has “green slimy stuff” on the sidewalk. Please take care of it before someone falls.

Paul Bates commented that there was a Closed Session decision about the WDR, which is dragging us more and more into litigation. You know that you have broken the law--you knew what the law was and still voted on it anyway. It wasn’t even a legal vote.

John Alfred invited the Council and the public to Pizza with the Chief-October 11, 2023 at the Pizza Factory.

Alison LaFayne apologized to Liz Touhey and Susan Manning of the Grand Jury for her comments made at a public meeting to the Grand Jury a couple of meetings ago. I have gotten a little defensive and a little reactive and I am going to work on that and going to do my best to not make those comments where I am coming from a personal place, but I sincerely apologize.

G. INFORMATION ITEMS:

1. Second Quarter Groundwater Monitoring Results moved to Regular Agenda.

H. CONSENT CALENDAR:

It was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried to approve the following Consent Calendar:

1.Minutes of September 19, 2023 – continued to October 17, 2023 meeting AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

2.Warrants – Councilmember LaFayne questioned:
1) The City of Ione received an invoice from HR Dynamics for $9,000, but only see a payment of $3,000-the other $6,000 was previously paid. 2) This month the Wastewater bills are a small amount-additional bills will be on the second meeting of the month.

It was moved by Councilmember Atlan, seconded by Vice Mayor Mitchell and carried to approve the Warrants.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

Agenda Item #G1

H. PUBLIC HEARING:

1. Adoption of Ordinance No. 532 – Amending the Ione Municipal Code, Title 17 Zoning to adopt the Zoning Code Amendment – Table 17.40.050-1 Project – Parking Requirements by Land Use – It was moved by Vice Mayor Mitchell, seconded by Councilmember Wratten and carried to continue the Public Hearing to the October 17, 2023 Council meeting.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

DISCUSSION ITEMS:

For the record: Action minutes provide the necessary documentation of City Council action. 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 discussions.

I. REGULAR AGENDA:

1. Second Groundwater Monitoring Results:
– Councilmember Wratten commented that given the public comments tonight and the public outcry that we have been seeing, I thought it was important that the groundwater report be made public and published on the website. You can see this report states that there are non-detects of VOC’s in the wells. This is the second report this year that has shown non-detects. This report does not support the public’s comment that we are contaminating the golf course. I would also like the CDCR water testing also be published on the City’s website, which also shows non-detects.
- Councilmember Atlan commented we found out a month ago that CDCR’s water was tested for VOC’s, and there was one well tested that was high but not unhealthy high. There are zero VOC’s in the groundwater. The City should do the residents a service and publish the reports. Before we start shutting the water off and getting sued by CDCR, ARSA and the Golf Course, we wanted to see the test results. The test results were good and did not show VOC’s. - Vice Mayor Mitchell commented on the one testing result that is high but not unhealthy high. It does not meet the water quality standards of the City of Ione and we do not have a permit to take the water, it is illegal. If we get a permit, you need MS4 designation to take industrial waste because that is mixed in with the water, which is proven fact. I understand you say the contamination is not a big deal, but I think CDCR would disagree based on the $3,000,000 settlement, and the seven years that they have to fix the systems that are broken over there.

I stand behind everything I have written. I believe they are contaminating the river, and sooner of later you are going to be affected by VOC’s. If you chose to ignore the fact that you do not have permits, I will stand against you every time.

Agenda Item #G1

City Attorney, Andy Pinasco commented that we can affirm that all of the conduct in the Closed Session was legal. The disclosures were all done in accordance with the Brown Act. Regarding the liability for the City, this is good discussion, but there is a reason why we have Closed Session is to protect the City from liability and we have our defense Counsel who would agree.

1. Train Depot Park Status Update – City Engineer Jonathan Mitchell presented an update to the Council and public:

Project Timeline
Grant Details
Original Improvements to the Park
Volunteer Work
Train Depot Park Construction – Phasing Plan 1 & 2 and Phasing Plan 2-4 Alternatives to Consider:
• Stormwater retention basin rather than pipelines and catch basins. • Artificial turf rather than landscaping.
• Prefab restroom rather than onsite construction.

Next steps:
• Utility mapping
• Site survey
• Grading and drainage
• Continue volunteer engagement and coordination
• Obtain operational utility services with agencies

2. City Operated Recreation Program – Kasey Guevara, Administrative Analyst – The City is part of the Amador County Recreation Agency, ACRA. ACRA is comprised of the cities and the county of Amador. ACRA works countywide to provide recreation programs such as bingo, trivia night and 5k runs. To do this, ACRA charges each city a per capita participation fee. The membership fee for the City of Ione this year would be $34,450. The membership fee does not include what the City paid for pool services this season which was an additional $18,418.71. Over the past six fiscal years the City has paid ACRA a total of $272,461.90.

Over the last several months, the Parks and Recreation Commission has asked ACRA to provide an overview of what programs are provided in Ione and how those could be improved. At the May 23, 2023 Park & Recreation Commission meeting ACRA’s Executive Director provided an information update. At that same meeting, the Commissioners expressed frustration with the difficulty of getting the Executive Director to attend meetings and provide requested information.

Agenda Item #G1
At the August 29, 2023 Parks and Recreation Commission meeting, the Executive Director provided an overview of some options that they could possibly provide for the 2023-2024 fiscal year:
• Youth programs (Little Leapers, Challenger Sports)
• Older youth programs (table tennis, cornhole at EB Hall) • Expanded Adult Programs (bingo, trivia nights, art classes) At the September 26, 2023 Parks & Recreation Commission meeting, staff presented a plan on how the City can move forward in establishing its own City owned and operated recreation program at a comparable cost to what is current being paid to ACRA. Staff presented a plan that includes hiring a part-time Recreation Coordinator that would work with the Parks and Recreation Commission on getting various programs and activities established in the City.

Pursuing the option of establishing a City owned and operated program would mean ceasing membership payment to ACRA and utilizing that allocated $34,450 to establish the recreation program.

There was discussion from the public and two of the Park & Recreation Commissioners, Fern Day and Demi Wright who spoke in favor of the City Operated Recreation Program.

It was moved by Mayor Rhoades, seconded by Councilmember Wratten and carried to adopt Resolution No. 2023-43 Approving the Recommendation from the Parks and Recreation Commission to establish a City of Ione Recreation Program and Cease the Per Capita payment to Amador County Recreation Agency.

AYES: Rhoades, Mitchell, Wratten
NOES: Atlan
ABSENT: None
ABSTAIN: LaFayne

3. City Manager Recruitment - Andy Pinasco, City Attorney discussed the different options available for the recruitment process. After discussion by the Council, Andy Pinasco commented that he did not have a clear sense of direction as to a recruiter or internal, so I do not have a recommendation unless you would like to table it until January.

It was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried to have staff gather information from recruiters, get some pricing for the recruitment and that we begin the recruitment in January for a start date in early March, using a recruiter moving forward.

AYES: Atlan, Wratten, LaFayne
NOES: Mitchell, Rhoades
ABSENT: None
ABSTAIN: None
Agenda Item #G1

L. REPORT AND COMMUNICATION FROM CITY ATTORNEY: None
M. REPORT AND COMMUNICATION FROM CITY MANAGER: None
N. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA:

Councilmember LaFayne:
• Would like an update on Wildflower
Vice Mayor Mitchell:
• Fire Department Prevention Week – October 8-14, 2023
• Fire Chief Mackey doing great job as Interim Public Works Superintendent Councilmember Wratten:
• Rail Explorers Grand Opening – October 13, 2023
Mayor Rhoades:
• Fire Chief Mackey doing great job as Interim Public Works Superintendent O. CLOSED SESSION: Council convened to Closed Session to discuss the following:

PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to
Government Code Section 54957. Title: City Manager
P. REPORT OUT OF CLOSED SESSION: Mayor Rhoades reported information was received and direction was given.

PUBLIC EMPLOYEE PERFORMANCE EVALUATION, pursuant to
Government Code Section 54957. Title: City Manager
Q. ADJOURNMENT:

Mayor Rhoades adjourned meeting.

Respectfully submitted,
Janice Traverso
City Clerk

Agenda Item #G1
Agenda Item #G1

CITY OF IONE COUNCIL MEETING MINUTES
Meeting of October 17, 2023
Mayor Rhoades called meeting to order at 6:00 PM
A. ROLL CALL:

B. CLOSED SESSION: None

C. MAYOR RHOADES LED THE PLEDGE OF ALLEGIANCE

D. APPROVAL OF AGENDA:

Councilmember Wratten asked that Item #3 Approval of One New Position, a Recreation Coordinator, and Restoring the Grant Coordinator Position be pulled for discussion under the Consent Calendar. Councilmember LaFayne asked that Item #1 Minutes of September 19, 2023 also be pulled for under the Consent Calendar. It was moved by Councilmember Wratten, seconded by Councilmember Atlan and carried to approve the remainder of the agenda.

2. Warrants – October 17, 2023

4. Introduce and Waive first reading of an ordinance amending Ione Municipal Code

8.12 – Abandoned Vehicle Abatement.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
E. PRESENTATIONS/ANNOUNCEMENTS: None

F. PUBLIC COMMENT:

Larry Rhoades spoke to the Abandoned Vehicle Abatement Ordinance, which is part of the Consent Calendar. Mr. Rhoades expressed his concern regarding Ordinance No. 533 Section 8.12.060-Right of Entry regarding allowing anyone other than a Police Officer entering resident’s properties.

Paul Bates apologized to Councilmember LaFayne for being out of line at the last Council meeting.

Jim Scully commented on the Second Quarter Groundwater Monitoring Reports and the disclaimer, which states that Dellavalle Laboratories does not guarantee its Agenda Item #G1
content which came from other parties. We were told a year ago that we were not testing for VOC’s and now we are testing. We have still have not seen the results of the monitoring wells south of the creek. I am concerned about the parties that take these samples. The problem is we are now in October and should be within a few days of having the third quarter report taken about a whole different party. I am concerned about the party that took these samples especially since I know he called a false police report on me. Do not put a lot of weight into this particular series of tests since the monitoring wells have not been tested.

Mitchell Vinciquerra representing Carpenter’s Union Local 152. I am requesting that the City of Ione adopt Labor Standards to include Health Care with apprenticeships.

Mr. Mitchell gave his contact information to the City Manager for follow-up.

Will Baker, 412 Callaway Lane received a letter from the City regarding his unpermitted into the public right of way, and because it was not permitted, it is considered unsafe for vehicles to enter and exit. Mr. Baker is asking for clarification on the unpermitted encroachment and how it will be resolved.

Allen Wood, 1721 Shakeley Lane also spoke to the letter he received regarding his unpermitted encroachment. Mr. Allen was told by the builder that he could install the encroachment and it is acceptable by the City. The Council needs to look at the ordinances, which are contradicting, and look at the process on how these ordinances are being implemented.

G. INFORMATION ITEMS: Information item – no action taken.

1. September 2023 Fire Department Report

2. September 2023 Police Department Report

3. September 2023 Finance/Administrative Report

4. September 2023 Public Works Report

5. September 2023 Building Department Report
H. CONSENT CALENDAR:

1. Minutes - September 19, 2023 – It was moved by Councilmember LaFayne, seconded by Councilmember Wratten and carried to add the action on Item #3 – Grand Jury Response be noted on the September 19, 2023 minutes, “to appove the signatures on the letter and not the letter itself”.

AYES: Atlan, LaFayne, Wratten
NOES: Rhoades, Mitchell
ABSENT: None
ABSTAIN: None

3. Approval of One New Position, a Recreation Coordinator, and Restoring the Grant Coordinator to the 2023-2024 Salary Schedule and Approval of a Budget Amendment for the Positions – It was moved by Mayor Rhoades, seconded by Vice Mayor Mitchell and carried to adopt a Resolution approving a One New Position, a Recreation Coordinator, and Restoring the Grant Coordinator Position Agenda Item #G1
to the 2023-2024 Salary Schedule and Approval of a Budget Amendment for the Positions. Motion did not pass.

AYES: Rhoades, Mitchell
NOES: Atlan, LaFayne, Wratten
ABSENT: None
ABSTAIN: None
It was moved by Councilmember Wratten, seconded by Councilmember LaFayne and carried to separate out the Park & Recreation position from Restoring the Grant Coordinator position and approve the Park & Recreation position.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None
Restoring the Grant Coordinator Position - The City of Ione has seven (7) CDBG HOME Grants that were established between 1997 and 2013 that have funds available for use. There are multiple purposes for these funds including first time home buyer programs, housing rehabilitation, as well as infrastructure improvements. The Grant Coordinator would be responsible for administering the current programs, establishing recommendations to the City Council regarding proper use of funds and apply for additional grant funding that is available.

Councilmember Wratten commented on Grant Coordinator Position:
• The salary listed in your report is not the same as listed in the salary schedule, which is part time position. There is only one salary schedule for full time and part time employees.
• The recommendation is to appoint the current Fire Marshall, and I feel the position should be posted, and we need a more robust grant writer-- someone familiar with all grant writing
• I had hoped we would have some options brought to us—either a posting position for grant writer and administrator or a company that specializes in this process and does all of the grant functions.

We have met with the State of California Housing Department on how we use the $1,000,000 we have in our funds. I think Debbie Mackey has the skills and has experience with grant writing—Website Grant and FEMA Grant. I would not recommend hiring a firm, it is a lot of work on the staff side. There is a Parks Grant for a summer youth program that is due in December and felt Debbie Mackey would be great to write the grant. The administration of the grant will be paid out of the program income ($1,000,000) in our fund.

It was moved by Councilmember Wratten, seconded by Councilmember LaFayne and carried to separate out the Park & Recreation position from Restoring the Grant Coordinator position and approve the Park & Recreation position.

2. Warrants – October 17, 2023

4. Introduce and Waive the first reading of an ordinance amending Ione Municipal Code 8.12 – Abandoned Vehicle Abatement
AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

I. PUBLIC HEARING:

1. Adoption of Ordinance No. 532 – Amending the Ione Municipal Code, Title 17 Zoning to adopt the Zoning Code Amendment – Table 17.40.050-1 Project – Parking Requirements by Land Use – Susan Peters, Contract Planner explained that a review of the City’s Zoning Code, that there were incomplete parking requirements for commercial and residential uses as identified in Parking Requirements by Land Use.

Mayor Rhoades opened the public hearing and with no comments from the public, the hearing was closed.

It was moved by Councilmember LaFayne, seconded by Councilmember Wratten and carried to adopt Ordinance No. 532 Amending the Ione Municipal Code, Title 17 Zoning – Table 17.40.050-1 Project – Parking Requirements by Land Use.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

DISCUSSION ITEMS:

J. REGULAR AGENDA:

1. Sewer Rate Study – Willdan Engineering presented to the Council an outline of the Sewer Rate Study:
• Sufficient and stable revenue for operations and routine maintenance for wastewater treatment and also, the Scope of Work:
• Coverage for direct and indirect costs
Agenda Item #G1
• Adequate debt service coverage for any existing and/or proposed debt • Sufficient funds to support new debt issuance, if necessary • Accumulation and maintenance of appropriate reserves
• Anticipated and routine repair and replacement of existing aging pipelines and infrastructure
• Major and minor capital projects
After discussion by the Council and comments from the public, it was moved by Councilmember LaFayne, seconded by Councilmember Wratten and carried to adopt Resolution No. 2023-* to authorize the Interim City Manager to Execute a professional services contract with Willdan Financial for the Preparation of a sewer rate study.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

2.Authorization of Proposition 218 Process for Proposed 2024 Solid Waste Rates City Attorney, Andy Pinsasco explained the process Proposition 218 to the Council. Mr. Pinasco is recommending that the Council authorize staff to initiate the process to adjust fees for solid waste services by sending a compliant Public Notice; and to set a public hearing for the City Council’s consideration of the proposed rate schedule. Paul Molinelli, Jr. representing ACES is in favor of the Proposition 218 Process and they will reimburse the City for all expenses incurred in providing notices to affected ratepayers and conducting the majority protest proceeding requiring that initiative.

It was moved by Councilmember LaFayne, seconded by Councilmember Wratten and carried to authorize the Proposition 218 process for proposed 2024 solid waste rates.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: Atlan
ABSENT: None
ABSTAIN: None

3.Letter from RWQCB to CDCR, as it pertains to the City’s COWRF - • In 1993 a Waste Discharge Report (Permit) was approved for the City of Ione, Castle Oaks Water Reclamation Facility, Portlock International, and the Amador Regional Sanitation Agency (ARSA).
• In 2007 ARSA, CDCR and the City entered into a three party agreement to regulate the volume of flows from Preston Reservoir to the City of Ione’s Castle Oaks Water Reclamation Facility (COWRF)
• In 2017, CDCR constructed a bypass line around Preston Reservoir to send their effluent directly to the COWRF. The construction bypassed Preston Reservoir, however, the bypass did not allow for the City to shut off or divert water directly from ARSA leaving CDCR in direction control of the valve Agenda Item #G1
system. As a result, Should CDCR elect to shut off the valves, the City would be without water for the golf course.
• In July 2017, the City of Ione provided notice to ARSA that in 2022 they would no longer accept ARSA effluent. ARSA acknowledge receipt of the letter, however, in 2022 ARSA filed suit against the City for not meeting the terms of the agreement in supplying adequate water for the golf course as specified in the agreement as well as for the public safety need to discharge water from Preston Reservoir so as not to overtop.
• On October 6, 2023, the Regional Water Quality Control Board (RWQCB) sent a letter to CDCR noting they were in violation for not having complied with Water Code Sections 13260 and 13267.
• The letter regarding Water Code 13260 required actions including providing a Revised Report of Waste Discharge, “an Industrial Waste Management Technical Report to include an evaluate of option to either segregate and appropriately treat and dispose of both the domestic and industrial waste streams or upgrade the existing treatment plant such that it can treat for constituents in the combined waste stream. The letter goes on to state other requirements related to their own water balance.
• In the letter citing Water Code Section 13267, the Regional Board is requiring CDCR to submit a Form 200 that includes both CDCR and CalFire along with the City of Ione and ARSA concurrence as well as Title 22 Engineering Report. Alternatively, they can cease discharge to the City’s COWRF now and into the foreseeable future.

The letter from the Regional Board is in direct conflict of our current operations since we are currently accepting water from CDCR. While the practice of receiving water from CDCR has gone on for many years, staff believes that it would be in the best interests of the City to cease receiving water until the requirements outlined by RWQCB are met and the issues are resolved. It would also be staff’s intent on working with CDCR and ARSA to resolve these issues collaboratively and as soon as possible.

Councilmember Atlan commented that the staff report is not accurate and the Regional Board letter is not accurate. In a couple of weeks the golf course is going to tell the City they are not going to need water. Regional Board has given Mule Creek until November 9 to let them know what they are going to do.

I say we do nothing until June, 2024 and work on finding a way to resolve this issue. Neither the City or ARSA have control of the valve. We need to find a way to shut off the CDCR valve and shut off the water to the Tertiary Plant.

Councilmember Wratten asked if we can meet our water obligations for the golf course to the end of the season--yes. We need to contact CDCR and ask them what their intentions are regarding the water if they plan on keep sending it or if they plan on turning it off.

Agenda Item #G1
Staff is recommending that we inform CDCR that we want to work with you, but the City needs to be in compliance with RWQCB, and stop taking your water and start taking ARSA water. I want consensus, direction from the Council on how to proceed.

Andy Aguilera, Paul Bates, David Anderson, Jim Scully and Larry Rhoades expressed their concerns about the City continuing to take contaminated water from CDCR.

It was moved by Councilmember Wratten, seconded by Councilmember LaFayne and carried to send CDCR a letter to stop sending the City your water because of the violations received from RQWCB and switch the valve over to take ARSA water until the end of the season or the rains come.

AYES: Rhoades, Mitchell, Atlan, LaFayne, Wratten
NOES: None
ABSENT: None
ABSTAIN: None

L. REPORT AND COMMUNICATION FROM CITY ATTORNEY: None
M. REPORT AND COMMUNICATION FROM CITY MANAGER:
• Working with City Engineer regarding a sinkhole in Wildflower Subdivision • Wastewater Committee Meeting – October 24, 2023
N. COUNCIL COMMENTS/COMMITTEE REPORTS/FUTURE AGENDA:

Councilmember Wratten:
• Solar expansion on the agenda within the next couple of months

Vice Mayor Mitchell:
• Attended Ribbon Cutting at the Rail Explorers
• Fire Department installed free smoke detectors with the help of the American Red Cross
• Kit Fest at Howard Park October 22, 2023
Mayor Rhoades:
• Attended Creek Committee Meeting

O. CLOSED SESSION: None

P. ADJOURNMENT:

Mayor Rhoades adjourned meeting.

Respectfully submitted,
Agenda Item #G1
Janice Traverso
City Clerk

Agenda Item #G2
DATE: NOVEMBER 7, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JODI STENECK, FINANCE MANAGER
SUBJECT: NOVEMBER 7, 2023 WARRANTS
RECOMMENDED ACTION:

Staff recommends that the council review and approve the attached report for payment totaling $188,145.37
FISCAL IMPACT:
$188,145.37
ATTACHMENTS:

A. Warrant list dated 11-7-2023

Agenda Item #G3
DATE: NOVEMBER 7, 2023
TO: MEMBERS OF THE CITY COUNCIL
FROM: STACY RHOADES
SUBJECT: RE-APPOINTMENTS TO THE PLANNING COMMISSION
RECOMMENDED ACTION:

By motion, confirm Mayor Rhoades recommendation to re-appoint Mark Gebhardt, Amber Hoiska and Michael Politi to the Planning Commission. Appointments will expire October, 2027.

FISCAL IMPACT:

Planning Commissioners received $10.00 per meeting attended.

BACKGROUND:

According to the Ione Municipal Code, Chapter 2.17.030, the Mayor shall appoint members of the Planning Commission with approval of the City Council to serve four-year terms.

ATTACHMENTS:

E-mails from Mark Gebhardt, Amber Hoiska and Michael Politi.

Agenda Item #G4
DATE: NOVEMBER 7, 2023
TO: MEMBERS OF THE CITY COUNCIL
FROM: STACY RHOADES
SUBJECT: APPOINTMENTS TO PARKS & RECREATION COMMISSION
________________________________________________________________________ RECOMMENDED ACTION:

By motion, confirm Mayor Rhoades recommendation to appoint Larry Caputo and Renee Hansen to the Park & Recreation Commission to fill the vacancies left by Angie Avila and Sheldon Windley. Appointments will expire September, 2025.

FISCAL IMPACT:

None
BACKGROUND:

According to the Ione Municipal Code, Chapter 2.36.030, Commissioners shall be appointed by the Mayor with the approval of a majority of the City Council.

ATTACHMENTS:

Letters of interest from Larry Caputo and Renee Hansen

Agenda Item #H1
DATE: OCTOBER 17, 2023
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: JOHN ALFRED, CHIEF OF POLICE
SUBJECT: INTRODUCE AND WAIVE FIRST READING OF AN ORDINANCE AMENDING IONE MUNICIPAL CODE 8.12 – ABANDONED VEHICLE

ABATEMENT
RECOMMENDED ACTION:
1) Hold a public hearing.
2) Waive the reading of the proposed Ordinance.
3) Adopt Ordinance No. *** amending the current Ione Municipal Code section 8.12 to allow for additional enforcement of abandoned vehicle abatement by Amador County if needed.

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The City of Ione Police Department is currently responsible for abandoned vehicle abatement within the city limits. Abandoned vehicle abatement can take a large amount of time and resources to complete. Amending the current Municipal Code to allow the Amador County Abandoned Vehicle Authority to assist with these abatements can free up City resources. The amendment gives the County the ability to provide abandoned vehicle enforcement within City limits. The amendment does not affect the City’s ability to enforce section 8.12 but adds Amador County if the need arises.

ATTACHMENTS:

A. Ordinance No. ***
B. Proposed amendment to Municipal Code 8.12

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT the City Council of the City of Ione will hold a public hearing at 6:00 p.m. at is regular meeting on November 7, 2023 to give the public the opportunity to comment on the following item:

Ordinance No. 533 – Amending the current Ione Municipal Code Section 8.12 to allow for additional enforcement of abandoned vehicle abatement by Amador County if needed.

The staff report and supporting materials will be available for public review on the City’s website and at City Hall at least 72 hours in advance of the meeting. Interested persons should attend the City Council meeting on November 7, 2023 in person or by Zoom conference in order to make their comments known. A Zoom link will be provided on the City Council Agenda.

ADA COMPLIANCE STATEMENT
In compliance with the American with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk 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.
1737922-2
ORDINANCE NO. 533

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IONE
AMENDING IONE MUNICIPAL CODE, TITLE 8 – “HEALTH AND SAFETY”, BY AMENDING CHAPTER 8.12 “ABANDONED VEHICLE ABATEMENT”
================================================================== BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IONE AS FOLLOWS:

SECTION 1. TITLE 8, CHAPTER 8.12 “ABANDONED VEHICLE ABATEMENT” is hereby amended as follows:

Chapter 8.12

ABANDONED VEHICLE ABATEMENT
Sections:

8.12.010 Definitions.

8.12.020 Declaration of nuisance.

8.12.030 Exceptions.

8.12.040 Chapter not exclusive regulation.

8.12.050 Enforcement authority—Right of entry.

8.12.060 Contract or franchise--Right of entry for removal of a vehicle.

8.12.070 Administrative costs determination. 8.12.080 Notice of intention to abate and remove vehicle. 8.12.090 Conduct of hearing.

8.12.100 Appeal to City Council.

8.12.110 Order of vehicle removal—Assessment of costs.

8.12.120 Exceptions to hearing requirement.

8.12.130 Disposition of vehicle of parts.

8.12.140 Notice to Department of Motor Vehicles.

8.12.150 Collection of costs.

8.12.160 Refusal to remove vehicle—Misdemeanor.

8.12.010 Definitions.

As used in this chapter:
"Abandoned vehicle" means a motor vehicle left on a highway, public property, or private property in such inoperable or neglected condition that it may be reasonably inferred that the owner's intention is to relinquish all further rights or interests in the vehicle.

A vehicle is presumed to be "abandoned" when it is left on a highway for seventytwo hours or more without being moved, is parked, resting, or otherwise immobilized on any highway or public right-of-way and lacks an engine, transmission, wheels, tires, doors, windshield, or any other part or equipment necessary to operate safely on the highway. Vehicles found in such a condition on a highway or public right-of-way are presumed to be a hazard to public health, safety, and welfare and may be removed immediately upon discovery by a peace officer or other designated employee.
“Authority” means the Amador County Abandoned Vehicle Authority. “County” means Amador County, California.
“City Council” means City of Ione City Council.
“City” means Ione, California.
"Designated employee" or “designee” means a city employee, a representative of the Amador County Sheriff’s Office and/or the code enforcement division of the Amador County Land Use Agency or the Amador County Community Development Agency, a representative of the Authority, or employees from another agency designated in writing by the city manager or City Council.means a representative of the City of Ione Police Department.
"Dismantled vehicle" means any motor vehicle that is partially or wholly disassembled.
"Highway" means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes "street." "Inoperative vehicle" means any motor vehicle that cannot move under its own power.
"Public property" means and includes "streets" and "highways." "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, except a device moved by human power or used exclusively upon stationary rails or tracks.
"Wrecked vehicle" means any motor vehicle that is damaged to such an extent that it cannot lawfully be operated upon the highway. A vehicle which has been wrecked in a traffic collision, then removed from the roadway to a storage facility, but not yet claimed by its owner, will not be considered an abandoned vehicle. (Ord. No. 425, § 1, 4-21-2009) (Ord. 346 §2(part), 1994).

8.12.020 Declaration of nuisance.

In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled or inoperative vehicles or parts thereof as public 1737922-2
1737922-2
nuisances, the City Council makes the following findings and declarations:

The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating hazard to the health and safety of children, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare.

Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or part thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in this chapter. (Ord. 346 §2(part), 1994).

8.12.030 Exceptions.

This chapter shall not apply to:

A. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
B. Vehicles or parts not completely enclosed, but completely screened by a solid wood or masonry fence which either complies with local jurisdiction or, if none, is approved by the City. The exception is limited to an area not to exceed one hundred twenty square feet or two vehicles;
C. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a licensed junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; D. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under the provisions of law other than Chapter 10 (commencing with Section 22650) of Division 11 of the Vehicle Code and this chapter. (Ord. 346 §2(part), 1994).

8.12.040 Chapter not exclusive regulation.

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles. It is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction. (Ord. 346 §2(part), 1994).

8.12.050 Enforcement authority—Right of entry.

Except as otherwise provided herein, the provisions of this chapter may be administered and enforced by the city police department, Amador County Sheriff, and code enforcement division of the Amador County Land Use/Community Development Agency. In enforcing this chapter, city police officerssuch employees may enter upon, private or public property to examine a vehicle or parts thereof, or obtain information as to the identity of a vehicle (and to remove or cause the removal of a vehicle or parts thereof) declared to be a nuisance pursuant to this chapter, provided, however, that such entry shall be made in a lawful manner. (Ord. 346 §2(part), 1994).

8.12.060 Contract or franchise—Right of entry for removal of a vehicle.

Pursuant to section 22663 of the California Government Code, when the City or Authority has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter, provided, however, that such entry shall be made in a lawful manner. (Ord. 346 §2(part), 1994).

8.12.070 Administrative costs determination.

The City Council or Authority shall, from time to time, determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter. Such amount shall be based on an analysis of the staff time reasonably necessary to process each case involving the removal of a vehicle, and shall not exceed the good-faith estimate of such administrative costs based on such analysis. (Ord. 346 §2(part), 1994).

8.12.080 Notice of intention to abate and remove vehicle.

Unless both the property owner and the owner of the vehicle have signed releases authorizing the removal and waiving further interest in the vehicle or part thereof, not less than ten days before the date of intended removal of the vehicle pursuant to the provisions of this chapter, a notice of intention to abate and remove the abandoned, wrecked, dismantled, or inoperative vehicle shall be sent by the designated employee by registered or certified mail, to the owner of the land on which the vehicle is located, as shown on the last equalized assessment roll, and to the last registered and legal owners of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. It shall not be a prerequisite to the removal of the vehicle pursuant to this section that the return receipt be received showing delivery of the notice. Such notice of intention shall contain a statement that the owner of the property and the owner of the vehicle have a right to request and appear in person at a hearing or may, in lieu of appearing, submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his reasons for such denial. If such a statement is submitted, it shall be construed as a request for a hearing on the issue of assessment of costs which does not require the presence of the property owner submitting such request, although the submission of such a statement shall not 1737922-2
1737922-2
preclude the owner from presenting testimony at the hearing if he or she should decide to do so. If, based on the inspection by the designated employee or his designed representative, there is evidence that a known third party who is not the property owner or the vehicle owner left the vehicle on the property without the consent of the vehicle owner or the property owner, the notice referenced above in this section shall be sent to said third party in the manner specified in this section, at the best known address available to the designated employee. The request shall be made to the designated employee within ten days after the mailing of the notice of intention to abate and remove the vehicle. If such a request is not received within such period, the designated employee shall have the authority to remove or cause the removal of the vehicle. (Ord. 346 §2(part), 1994).

8.12.090 Conduct of hearing.

If either the property owner or the vehicle owner requests a hearing within ten days after the mailing of the notice of intention to abate and remove the vehicle, the person or persons making such request shall be entitled to a hearing before the designated employee, who shall hear all facts and testimony the designated employee deems pertinent. (Ord. 346 §2(part), 1994).

8.12.100 Appeal to City Council or Authority.

A. Any interested party may appeal the decision of the designated employee by filing a written notice of appeal with the designated employee within five days of his or her decision. Appellant shall pay an appeal fee of seventy-five dollars when filing an appeal with the City Council or Authority. No such appeal fee shall be required unless the appeal is from such hearing.

B. Such appeal shall be heard by the City Council or Authority, which may affirm, amend, or reverse, the order or take such other action as it deems appropriate.

C. The City Council or Authority shall give written notice of the time and place of the hearing to the appellant and those persons specified as entitled to notice under Section 8.12.080 of this chapter.

D. In conducting the hearing, the City Council or Authority shall not be limited by the technical rules of evidence. (Ord. 346 §2(part), 1994).

8.12.110 Order of vehicle removal--Assessment of costs.

If no request for a hearing is received by the designated employee within ten days after the notice of intention to abate and remove vehicle is mailed, or both the property owner and the owner of the vehicle have signed releases authorizing the removal and waiving further interest in the vehicle, and the designated employee finds, at the conclusion of the hearing, that the vehicle or part thereof is abandoned, wrecked, dismantled, or inoperative within the meaning of this chapter, and in the 1737922-2
event of an appeal to the City Council or Authority, the City Council or Authority upholds the designated employee’s findings, the designated employee may order the vehicle removed from the property as a public nuisancnuisance and disposed of as hereinafter provided, and determine the administrative costs and the costs of removal to be charged against the owner of the vehicle, the owner of the property on which it is located, and/or the person who placed the vehicle on the property if that fact has been determined at the hearing. The designated employee may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter, including without limitation delaying the time for removal of the vehicle or part thereof if, in his or her opinion, the circumstances justify it. If the vehicle is ordered removed, the order shall include a description of the vehicle or part thereof and the correct identification number and license number, if available. (Ord. 346 §2(part), 1994).

8.12.120 Exceptions to hearing requirement.

A hearing as provided above in this chapter shall not be required in the following circumstances:

A. When both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or part thereof; or
B. When the vehicle is located upon a parcel zoned for agricultural use, or not improved with a residential structure containing one or more dwelling units; or when the vehicle is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed, is valued at less than three hundred dollars by the designated employee or any of his designated representatives, the City, the Amador County Sheriff or any of his deputies, or any California highway patrol officer, is determined by the designated employee or any of his designated representatives to be a public nuisance presenting an immediate threat to public health or safety, and the property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof. Prior to final disposition pursuant to Section 8.12.130 of this chapter, of such a low-valued vehicle for which evidence of registration is available, the designated employee shall provide notice to the registered and legal owners of intent to dispose of the vehicle or part, and if the vehicle or part is not claimed and removed within ten days after the notice is mailed, from the disposal site to which the vehicle was taken, final disposition may proceed. (Ord. 346 §2(part), 1994).

8.12.130 Disposition of vehicle or parts.

Vehicles or parts thereof removed pursuant to this chapter may be disposed of by removal to a scrap yard, automobile dismantler's yard, or any suitable site authorized under applicable county ordinances to receive junk and/or dismantled vehicles. After a vehicle or part thereof has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which that qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Ord. 346 §2(part), 1994).

8.12.140 Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle pursuant to this chapter, notice shall be given by the designated employee to the Department of Motor Vehicles, identifying the vehicle or part thereof any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates. (Ord. 346 §2(part), 1994).

8.12.150 Collection of delinquent assessment.

If the administrative costs and costs of removal are charged against the owner of the land pursuant to Section 8.12.110 and are not paid within thirty days of the date of the order or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the finance officer for collection subject to collection in any manner specified in said section. Such assessment shall have the same priority as other municipal taxes.

8.12.1650 Collection of costs.

Costs incurred in enforcing this Chapter may be collected in accordance with Chapter

1.10 of this Code. If the administrative costs and costs of removal are not paid within thirty days after the date of the order, or the final disposition of an appeal therefrom, the City city manager, the designated employee(s) or abatement official(s) shall have the right, in addition to any other remedies manner provided by law for the collection of such costs, to recover such administrative costs and costs of removal from the property, the registered owner and/or legal owner of any vehicle removed from property pursuant to this chapter, and/or from the third party, if any, responsible for placing such vehicle on the property from which it was removed in an action in a court of competent jurisdiction over the amount of such costs. (Ord. 346 §2(part), 1994).

8.12.160 Refusal to remove vehicle—Misdemeanor.

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this chapter or state law where state law is applicable. This offense is punishable by a fine of not more than five hundred dollars or imprisonment not to exceed six months, or by both such fine or imprisonment. (Ord. 346 §2(part), 1994). 1737922-2
Formatted: Underline
1737922-2
SECTION 2. CONFLICT. All ordinances or parts of ordinances in this Code that conflict with this Chapter are repealed insofar as such conflict may exist.

SECTION 3. SEVERABILITY. If any Chapter, article, subsection or subdivision thereof, provision, sentence, clause or phrase of this code, or any application thereof, is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the remaining provisions of this code, which can be given effect without the invalid portions and, therefore, such invalid portions are declared to be severable. The City Council hereby declares that it would have enacted this Code and each of its articles, sections, subsections, or subdivisions thereof, provisions, sentences, clauses or phrases irrespective of the fact that one or more of them is declared invalid.

SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect thirty (30) days after its adoption. The City Clerk is directed to publish this ordinance in a newspaper of general circulation in the City of Ione. In lieu of publication of the full text of the ordinance within fifteen (15) days after its passage, a summary of the ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council and a certified copy shall be posted in the office of the City Clerk, pursuant to Government Code Section 36933(c)(1).

The foregoing ordinance was introduced on October 17, 2023 and the title thereof read at the regular meeting of the City Council of the City of Ione the 7th day of November, 2023, and by a vote of the Council members present, further reading was waived.

On motion of Councilperson _________________________, seconded by ___________________________, the foregoing Ordinance was passed by the City Council of the City of Ione at a regular meeting held on _________ __, 2023, by the following votes:

AYES: _____________
NOES: _____________
ABSTENTIONS: _____________
ABSENT: _____________
______________________________
STACY RHOADES, Mayor
1737922-2
ATTEST:
_________________________________________
JANICE TRAVERSO, City Clerk

Ione City CouncilNovember 7, 2023

Ione City Council
November 7, 2023