Jackson City Council Agenda
Monday, January 24, 2022 - 7:00 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Teleconference Line: 1-650-419-1505
Meeting ID: Meeting ID: 604580946
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Should you wish to speak upon Public Comment, please “Raise your Hand”, you will be unmuted one at a time and asked to state your name.
1. PROCLAMATION.
Argonaut High School Mustangs Football Championship.
2. APPROVAL OF AGENDA.
Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54954.2 of the Government Code).
3. REMOTE MEETING FINDINGS.
Approve findings for remote meetings under AB 361 that social distancing is recommended by state and local health officials and that meeting in person presents imminent risks to the health and safety of attendees.
4. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
5. CONSENT CALENDAR.
Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. a. Approval of Expenditure Report in the amount of $315,284.08. b. Receive Building Department Monthly Report for December 2021. c. Receive Quarterly Periodical Engineering Report (October-December 2021). d. Resolution No. 2022-01 – Lot Line Adjustment Jackson View Estate Lot 70/71. e. Resolution No. 2022-02 – Application Submittal for CalRecycle Grant and Payment Programs for which the City of Jackson is eligible.
6. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
7. COUNCIL REPORTS.
This section is to provide Council members an opportunity to present reports on their activities and to request items be placed on future agendas.
8. DISCUSSION CALENDAR.
a. Ordinance No. 722 amending Chapter 8.04 of the Municipal Code Relating to Solid Waste (in response to SB 1383 requiring measures to reduce organic waste) [recommendation: waive first hearing and direct to proceed with adoption hearing].
b. Possible direction to financially support the Kids Afterschool Program in partnership with ACRA.
9. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
UPCOMING MEETINGS:
February 9, 2022 10:00am Cemetery Meeting
February 14, 2022 7:00pm Council Meeting
February 22, 2022 6:30pm Planning Commission Meeting (Tuesday due to President’s Day 2/21/22)(TBD)
February 28, 2022 7:00pm Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICES:
February 21, 2022 Presidents’ Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us
for copies of previous agendas, minutes and City budget.
HONORING
Argonaut High School
Mustangs Football Team
A Proclamation Commemorating 2021/2022 as CIF Division 6 AA State Championship WHEREAS Jackson is the hometown for Argonaut High School and its Mustangs Football Team; WHEREAS Jackson city council members and staff attend the Mustang’s games each and every season;
WHEREAS during the 2021/2022 school year, the Argonaut Mustangs Football Team of Jackson completed a 12-3 season and won the California Interscholastic Federation (CIF) Division 6 AA State Championship Title for the first time in school history; WHEREAS this victory was incredibly meaningful in part due to the unprecedented challenges caused by the global COVID19 pandemic;
WHEREAS this victory was the result of months of hard work by Mustangs Football team members, their coaches, school staff and all support groups;
WHEREAS this victorious performance by the Argonaut Mustang players was under the direction of Head Coach Rick Davis, School Athletic Director Scott Hunkins, and Assistant Coaches Andrew Stevens, Jon Hickman, Matt King, Matt Floyd, and James Marzano;
WHEREAS the football team was also supported all year by the Argonaut Cheerleaders under the direction of Natalie Gabe;
WHEREAS the Argonaut Mustangs won three games which culminated in the CIF Division State Champion title on December 11, 2021; and the three games were as follows:
the Sac Joaquin Section Division 6 Championship on 11/27/2021, defeating Rosemont High School of Sacramento 31-20 at Sacramento City College; and
the Northern California CIF Division 6 Championship Game on 12/3/2021, where the Argonaut Mustangs defeated St. Vincent DePaul High School of Petaluma 42-12 at Argonaut High School; and the CIF Division 6 AA State Championship Game on 12/11/2021, defeating Quartz Hill High School of Lancaster 47-14 at Argonaut High School in front of an estimated 3500 fans.
WHEREAS all football games were broadcast to the world with the support of Hometown Radio under the direction of Jim Guidi and Mustang TV under the direction of Matt King.
WHEREAS the administration of Argonaut High School, Principals Troy Gassaway and Carrie Foster and the ACUSD Administration, were appreciative of the following community partners and citizens who supported the preparation of the Dan Barnett Stadium at Argonaut High School and contributed to running of football games all year long that culminated with the California State Championship Football Game in Jackson: Community Partners are; Jackson Police, Jackson Fire, Ione Fire, American Legion, Jackson Rancheria, Amador County Fair Board, George Reed Inc, Armstrong and Son, Gold and Sons Trucking, Simmons Landscape. Citizens: Cabri, Gascon, Gillman, Hardy, Krisman, Mackey, Mueller, Sanders, Tressler, Votaw, Yager.
WHEREAS all of the Argonaut Staff and ACUSD offices supported all of Argonaut's athletic programs, and the academic success of Argonaut’s student athletes during the 2021/2022 school year; WHEREAS on 12/17/2021 the City of Jackson and the Argonaut Mustangs celebrated the Championship through a parade held on Main Street Jackson; WHEREAS the parade drew hundreds of spectators and brought the community together during this difficult time;
WHEREAS the Jackson City Council wishes to officially commemorate the championship and thank the entire community for its ongoing support to school athletic programs.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Jackson wishes to cement the 2021/2022 Argonaut Football Team from Jackson as the Champions of California, and that the City Council is proud of the Argonaut Mustangs Football Team, and congratulates the Mustangs and the community on winning the State Championship Title.
Given under the signatures duly noted below and
Seal of the City of Jackson, California, this 24th
day of January 2022.
Robert Stimpson, Mayor
Connie Gonsalves, Vice-Mayor
Steve McLean, Councilmember
ATTEST: Matt Riebe, Councilmember
John Georgette, City Clerk Chad Simmons, Councilmember
5a Expenditure Report
BUILDING REPORT DATA – December 2021 Michael J. Hooper, Building Department TOTAL PERMITS: 15
TOTAL CONSTRUCTION COST: $260,742.00
TOTAL FEES COLLECTED: $7,264.49
PERMITS CONSTRUCTION COST FEES TO BE COLLECTED
BUILDINGS:
NEW SFD: (0)
ACCESSORY: (0)
NEW COM: (0)
ADDITION: (0)
DECK: (1) $4,680.00 $333.61
DEMOLITION: (0)
ELECTRICAL: (1) $1,500.00 $1,176.24
ENCROACHMENT: (0)
FIRE PROTECTION: (0)
GRADING: (0)
MECHANICAL: (3) $39,331.00 $2,035.19
MISCELLANEOUS: (0)
PATIO COVER: (0)
PLUMBING: (2) $10,500.00 $412.00
REMODEL: (1) $9,000.00 $269.47
REROOF: (1) $57,000.00 $1,713.00
SIGN: (0)
SOLAR: (5) $113,731.00 $2,492.67
SWIMMING POOL: (0)
TENANT IMP: (1) $25,000.00 $751.00
WINDOWS: (0)
The Building Department processed 15 total permits in December. The total number of permits decreased from November’s total of 22.
Construction on the current homes permitted (Phase IIF) at Jackson View is moving along with good progress. Final inspections can be anticipated soon after the sewer improvements are complete. Lot 26 and Lot 27 could possibly be completed in March. Phase IIG and Phase IIH consists of 15 homes. Six units are pending approval for addition to the overall completion of Phase II. Subdivision Improvements will need to be completed once Phase IIH comes to a close.
Two critical projects at Sutter Amador Hospital have been slated to begin in 2022. One project, an HVAC improvement, has already been approved for the outpatient center. Complete plans have been received for this project and approved by staff. The other is an on-demand diesel generator proposed for the entire property. This project is still in the planning and approval phase. Once plans are received overall review will be conducted by the City Engineer and Fire Chief.
Staff will be working in January to assist other department heads and the City Manager with the transition to new staff.
5b Building Dept Monthly Report for December 2021
CODE ENFORCEMENT UPDATE:
Staff has been working with the City Manager and County Code Enforcement on an update to the abandoned vehicle abatement code and program. The City Manager will be coordinating with Amador County Code Enforcement Officer, Michelle Gallaher, to ensure that the City municipal code update is consistent for future enforcement purposes.
Other than the usual complaints this time of year about trailers, trash, leaves, vehicles, etc… There are no other major code enforcement issues to report at this time.
PROJECTED:
For comparison… November of 2020 produced 44 approved building permits.
As always, if you have any questions or comments, please feel free to let me know. Council feedback is always welcomed and appreciated.
For the past 7.5 years I have thoroughly enjoyed working for the City of Jackson. This job has taught me so much and I am grateful to have had the opportunity to work with all of you. My last day of employment with Jackson will be February 4, and I will be moving to Idaho the following week to start my new job there. I will do my best to connect with you all personally before then. Once again… Thank you for the pleasure of allowing me to serve the City of Jackson, to get to know all of you, and to play a small part in the development and growth of our great City. I look forward to return visits to family and friends and to see how you all are doing and hopefully see the good things that will continue to happen here in Jackson.
Many, Many Blessings to You All!!!... HOOP
ATTACHMENTS - December 2021 Building Permit Log
Permit
Report
12/01/2021 - 12/31/2021
Permit # Permit Date Permit Type Description Parcel # Parcel Address
Project Cost Total Fees
Group: Deck
9176 12/7/2021 Deck DECK:
Replacement of
Structural
Portions of
Existing Deck.
To Include
Planks, Joist,
Posts and
Railing
20-131-004-
00 711 NORTH
MAIN
STREET
4,680 $333.61
4,680 $333.61
Group Total: 1
Group: Electrical
9186 12/30/2021 Electrical Misc electrical
work in kitchen
of the house -
receptacles in
the kitchen
20-171-013-
00 615 NORTH
MAIN
STREET
1,500 $116.50
1,500 $116.50
Group Total: 1
Group: Mechanical
9179 12/13/2021 Mechanical HVAC ground
mount heat
pump package
unit changeout
and replace 3
ducts
20-140-019-
00 724
ELIZABETH
STREET
16,875 $504.38
9177 12/7/2021 Mechanical Install 3 ton 15
Seer 12.5 EER
80% 70K BTU
NG Package
Unit
20-451-006-
00 66 SOUTH
PIONEER
CIRCLE
12,956 $387.47
9174 12/3/2021 Mechanical MECHANICL:
HVAC SplitSystem
Changeout, 2
Ton, 15.5 SEER
44-352-042-
00 6 WESTVIEW
DRIVE
9,500 $284.39
39,331 $1,176.24
Group Total: 3
Group: Plumbing
9178 12/9/2021 Plumbing PLUMBING:
Water Heater
Replacement
20-291-007-
00 200 STATE
HIGHWAY
049
5,500 $166.00
9173 12/1/2021 Plumbing PLUMBING:
Installation of
Gas Plumbing
for Two(2)
Commercial
Units.
NEW Service
Meters Provided
by PG&E
20-200-018-
00 840 - 842
STATE
HIGHWAY 88
5,000 $246.00
10,500 $412.00
Group Total: 2
Group: Remodel
9180 12/16/2021 Remodel REMODEL:
Remodel of
Existing
Bathroom, No
Added Sq. Ft.
20-366-010-
00 123 EVA WAY 9,000 $269.47
9,000 $269.47
Group Total: 1
Group: Reroof
9181 12/16/2021 Reroof Re-roof 20-410-012-
00 975
BROADWAY
57,000 $1,713.00
57,000 $1,713.00
Group Total: 1
Group: Solar
9187 12/30/2021 Solar Roof solar - 3.2
kW - 8 modules
- MPU to 225
AMP
20-282-032-
00 116 CENTER
STREET
9,000 $496.17
9185 12/30/2021 Solar Roof solar -
8.36 kW - 22
modules
44-351-011-
00 103 TERRY
PLACE
27,000 $499.51
9184 12/30/2021 Solar Roof solar-7.98
kW-21
modules-MPU
44-352-016-
00 202
WESTVIEW
DRIVE
24,000 $498.12
to 225 AP -
Home is a
duplex
9183 12/23/2021 Solar SOLAR: RoofMounted Solar
PV System -
5.10 kW, 12
Modules with
Micro-Inverters,
New 100A Load
Center, Existing
200A Main
Service Panel
044-530-012-
000
2132
THOMAS
DRIVE
10,200 $497.21
9182 12/16/2021 Solar SOLAR: RoofMounted Solar
PV System,
8.64 kW, 24
Modules with
MocroInverters,
Existing 200A
MSP, Adding
125A Sub-Panel
20-560-021-
00 734 KRISTI
COURT
43,531 $501.66
113,731 $2,492.67
Group Total: 5
Group: Tenant Improvement
9175 12/6/2021 Tenant
Improvement
TENANT
IMPROVEMENT:
SEE SCOPE OF
WORK
ATTACHED!
DRC Conditions
Apply!
20-247-012-
00 2 MAIN
STREET
25,000 $751.00
25,000 $751.00
Group Total: 1
260,742 $7,264.49
Total Records: 15 1/19/2022
CITY OF JACKSON
MEMORANDUM
TO: Yvonne Kimball, City Manager
FROM: Matt Ospital, City Engineer
RE: Project Status Update
DATE: January 18, 2022
Yvonne, as requested for the next City Council meeting, the following is a status projects WGA is currently working on:
1. Amador Street Waterline Replacement – Currently in the preliminary design stages of a waterline replacement on Amador Street.
2. City Civic Center Roof – Construction commenced on the project on 1/17/2022 to repair main leaks and will end next week. The Contractor will then come back to complete the remaining items in May/June.
3. Jackson View Subdivision – Construction has commenced on the sewer line replacement work by the developer within the subdivision.
4. Sutter Street Extension Project – The field studies have been completed at this time (biological, topo, geotechnical). Cultural studies are also underway. The team has coordinated with the EPA on their adjacent project which should be going to construction this year. GHD team is currently optimizing the alignment and geometrics to minimize impacts.
5. Street Light Grant (Hwy 49) – Environmental work for the project is near completion. The City is awaiting info and costs from PG&E to move the project forward.
6. French Bar Bridge Replacement Project - Project is currently ready for construction. The city requested funding for this federal fiscal year from Caltrans and unfortunately did not receive funding for this construction season. Construction anticipated in 2023.
7. Pitt Street Bridge Replacement Project – The Right of Way Certification for the project is completed. The Norris/Hogue property is still in escrow. The project plans are at 65% completed and have been submitted to Caltrans for an encroachment permit. After encroachment permit submittal Caltrans requested that the City prepare a project report, which was completed and sent to Caltrans in December 2021. Construction is anticipated in 2023.
8. South Avenue Bridge Replacement Project – WGA is continuing project design and utility relocation work. Construction is anticipated in 2024. 5c Quarterly Engineering Report (Oct-Dec 2021)
5d Resolution No. 2022-01 LLA Jackson View Estate Lots 70/71
Resolution No. 2022-01
A Resolution of the City Council of the City of Jackson Approving Lot Line Adjustment for
APNs 044-5300-008 and 044-530-009
Jackson View, Phase 2 Lots 70 and 71
WHEREAS, Jackson View Partners, L.P. have applied for a Lot Line Adjustment pursuant to Section 17.86.030 of the City Code; and
WHEREAS, application for the lot line adjustment has been processed in accordance with Chapter 17.86 of the City Code and reviewed by the City Planner and City Engineer and found to be in compliance with the provisions of State Law and City Code; and WHEREAS, lot line adjustments are categorically exempt in accordance with Section 15305 of the California Code of Regulations, Title 14, Chapter 3; and WHEREAS, the findings required by Section 17.86.050B of the Jackson City Code are hereby made; and
WHEREAS, the application affects two adjoining lots (Lots 70 and 71) of Jackson View Subdivision, Phase 2 where no structures exist at this time.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Jackson does hereby approve the Lot Line Adjustment for said two lots and authorizes the processing and recording of documents completing the adjustment in accordance with Section 17.86.070 of the City Code.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 24th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
______________________________
Robert Stimpson, Mayor
ATTEST:
_________________________________
John Georgette, City Clerk
Resolution No. 2022-02
Resolution of the City of Jackson City Council
authorizing submittal of application(s) for all CalRecycle Grant and Payment Programs for which the City of Jackson is eligible WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.
NOW, THEREFORE, BE IT RESOLVED that the City Manager, Yvonne Kimball is authorized to submit an application to CalRecycle for any and all grant and payment programs offered; and
BE IT FURTHER RESOLVED that the City Manager or his/her designee is hereby authorized and empowered to execute in the name of the City of Jackson all documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure funds and implement the approved grant or payment project; and BE IT FURTHER RESOLVED that these authorizations are effective from the date of adoption through January 5, 2027.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 24th day of January 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
___________________________________
Robert Stimpson, Mayor
ATTEST:
_________________________________
John Georgette, City Clerk
5e Resolution No. 2022-02 Application Submittal for CalRecycle
Ordinance No. 722
An Ordinance of the City Council of the City of Jackson, California Amending Chapter 8.04 of the Jackson Municipal Code
Relating to Solid Waste
WHEREAS, SB 1383 (Chapter 395, Statutes of 2016) directed the California Department of Resources Recycling and Recovery (“CalRecycle”) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and WHEREAS, SB 1383 also requires the regulations to recover, for human consumption, at least 20 percent of edible food that is currently thrown away; and WHEREAS, CalRecycle promulgated regulations as directed in SB 1383 in Chapter 12 (Short-Lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”); and
WHEREAS, the SB 1383 Regulations take effect January 1, 2022, and requires the City of Jackson to adopt an ordinance to enforce the SB 1383 Regulations by said date; and WHEREAS, the City Council desires to amend its Solid Waste Ordinance to comply with the SB 1383 Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF JACKSON DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 8.04 is hereby amended in its entirety as set forth in Exhibit A, incorporated by this reference.
Section 2. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).
Section 3. If any section, subsection, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases or the application thereof to any person or circumstance be held invalid.
8a Ordinance No. 722 Amending Chapter 8.04
of the Municipal Code Relating to Solid Waste
Section 4. No less than five days prior to the adoption of this Ordinance, the City Clerk published a summary of this Ordinance in accordance with Government Code section 36933. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Jackson, California, and cause a summary to be published once within fifteen (15) days after its passage in a newspaper of general circulation, printed, published, and circulated in the City in accordance with Government Code section 36933.
Section 5. This Ordinance shall take effect and be in full force 30 days after its adoption.
INTRODUCED on the 24th day of January 2022, and PASSED AND ADOPTED at a regular meeting of the City Council of the City of Jackson on this 14th day of February 2022, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CITY OF JACKSON
_________________________________
Robert Stimpson, Mayor
ATTEST:
John Georgette, City Clerk
Exhibit A
EXHIBIT A
Chapter 8.04
SOLID WASTE AND RECYCLABLES COLLECTION
8.04.010 - Findings.
8.04.020 - Definitions.
8.04.030 - Franchise—Solid Waste Contractor.
8.04.040 - Compliance.
8.04.050 - Storage of Waste—Containers.
8.04.060 - Schedule of Waste Removal.
8.04.070 – Transportation of Waste.
8.04.080 - Scavenging—Prohibition and Enforcement.
8.04.090 - Requirements for Commercial Edible Food Generators.
8.04.100 - Requirements for Food Recovery Organizations and Services.
8.04.110 - Requirements for Facility Operators.
8.04.120 - Inspections and Investigations.
8.04.130 - Violations.
8.04.010 Findings.
The City Council finds and declares:
A. The accumulation of Solid Waste within the City is unhealthy and unsanitary.
B. A continuing program of consistent Solid Waste Collection and disposal is necessary for the public health, safety and welfare, and the City Council has the sole and exclusive control and enforcement authority for said program.
C. The benefit derived by each residence and business establishment from routine Solid Waste Collection requires only those contractors who have entered into a franchise agreement with the City shall be permitted to perform Solid Waste Collection services within the City. At the expiration of the term of any franchise agreement (including any extended term, if so, authorized in a franchise agreement), the City Council shall authorize and undertake a competitive bidding process prior to awarding any exclusive franchise for any succeeding terms.
8.04.020 Definitions.
Sections 8.04.010 through 8.04.130 are known and may be cited as the “City Solid Waste and Recyclables Collection Ordinance.” The following words and phrases, when used in Sections
8.04.010 through 8.04.130, shall for the purposes of Sections 8.04.010 through 8.04.130, have the meanings respectively ascribed to them by this section:
A. “Act” means the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et seq.), as it may be amended from time to time.
B. “California Code of Regulations” or “CCR” means the California Code of Regulations.
C. “CalRecycle” means the California Department of Resources Recycling and Recovery.
D. “City” means the City of Jackson, California.
E. “City Council” means the City Council of Jackson, California.
F. “Collection” means the act of collecting Solid Waste at the place of waste generation by an approved Collection agent and is distinguished from “removal.” G. “Collection vehicle or equipment” includes any vehicle or equipment used in the Collection of residential refuse or commercial Solid Waste.
H. “Collector” means a person, persons, local agency, firm, corporation, or other entity contracted, franchised, authorized, permitted, or licensed by the City to make arrangements with generators for the Collection of Solid Waste, recyclable material, and organic waste, within the City.
I. “Composting” includes a controlled microbial degradation of organic wastes yielding a safe and nuisance free product.
J. “Community Composting” means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and compost on-site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR § 17855(a)(4); or, as otherwise defined by 14 CCR § 18982(a)(8).
K. “Compliance Review” means a review of records by the City to determine compliance with this chapter.
L. “Container” means any receptacle used for collecting Solid Waste, Recyclable Materials, and Organic Waste for removal by an authorized Collector.
M. “County” means the County of Amador, California.
N. “Dwelling” means a residence, including any flat, apartment, or other facility intended to be and permitted to be used for housing one or more persons, except “Dwelling” does not include hospitals, hotels, motels, nursing homes or convalescent centers.
O. “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR § 18982(a)(18). Edible Food is not Solid Waste if it is recovered and not discarded.
P. “Enforcement Action" means an action of the City to address non-compliance including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Q. “Enforcement Agency" means the City director, City Manager, County administrative official, chief operating officer, executive director, public works director or other executive in charge or their authorized designees who is/are partially or wholly responsible for enforcing this chapter.
R. “Food Recovery” means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR § 18982(a)(24).
S. “Food Recovery Organization” means an entity that engages in the Collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery, either directly or through other entities or as otherwise defined in 14 CCR § 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety Code;
2. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and,
3. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.
T. “Food Recovery Service” means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR § 18982(a)(26).
U. “Garbage” includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of foodstuffs.
V. “Generator” means any person or other entity who is responsible for the initial creation of Solid Waste.
W. “Grocery store” means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and
served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR § 18982(a)(30).
X. “Hazardous waste” means any waste, substance, or mixture of wastes defined as a “hazardous substance” or “hazardous waste” pursuant to the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601 et seq., the California Health and Safety Code and all future amendments, or as defined by the California Integrated Waste Management Board, or its successor, and any consumer product with the characteristics of a hazardous substance.
Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or Solid Waste, the term “hazardous waste” shall be construed to have the broader, more encompassing definition.
Y. “Health Officer” includes the health officer or other agent of the health department of County and shall include duly authorized personnel of the State Department of Health Services in the enforcement of applicable State law, City ordinance, or State or County rule or regulation in aid thereof.
Z. “Inspection” means a site visit where the City reviews records, Containers, and an entity’s Collection, handling, recycling, or landfill disposal of organic waste or edible food handling to determine if the entity is complying with requirements set forth in this chapter, or as otherwise defined in 14 CCR § 18982(a)(35).
AA. “Large event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event.
BB. “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. A venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. A site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue.
CC. “Litter” includes any post-consumer Solid Waste which is not deposited in:
1. An authorized Solid Waste disposal site;
2. Appropriate and serviced storage containers; or
3. In other areas designated for disposal of Solid Wastes.
DD. “Local Education Agency” means a school district, charter school, or County office of education that is not subject to the control of City or County regulations related to Solid Waste, or as otherwise defined in 14 CCR § 18982(a)(40).
EE. “Notice of Violation” or “NOV” means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR § 18982(a)(45) or further explained in 14 CCR § 18995.4.
FF. “Nuisance” includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property and affects at the same time an entire community or neighborhood or any considerable number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of Solid Waste.
GG. “Organics,” “Organic Waste,” and “Organic Material” means Solid Wastes containing material originated from living organisms and their metabolic waste products, including, but not limited to, Food Waste, Green Waste, non-Hazardous wood waste, and unwaxed, food-soiled paper.
HH. “Organic Waste Generator” means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR § 18982(a)(48).
II. “Person” includes an individual, firm, association, copartnership, political subdivision, governmental agency, municipality, industry, public or private corporation or any other entity whatsoever.
JJ. “Place” or “premises” means every Dwelling house; Dwelling unit; apartment house or multiple Dwelling building; trailer or mobile home park; store; restaurant; rooming house; hotel; motel; office building; department store; manufacturing, processing, or assembling shop or plant; and every place or premises where any person resides, or any business is carried on or conducted within the City or any other site upon which Solid Waste is produced or accumulates.
KK. “Putrescibles” includes wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions, and include materials such as food wastes, offal, and dead animals.
LL. “Recovered Organic Waste Products” means products made from California, landfill-diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR § 18982(a)(60).
MM. “Recovery” means any activity or process described in 14 CCR § 18983.1(b), or as otherwise defined in 14 CCR § 18982(a)(49).
NN. “Recyclable material” means Solid Waste subject to recycling, such as newspapers, cleansed bottles, cleansed bimetal and aluminum cans and foil.
OO. “Recycling” means the process by which salvaged materials become usable products.
PP. “Refuse” includes garbage and rubbish.
QQ. “Removal” means the act of taking Solid Wastes from the place of waste generation either by an approved Collection agent or by a person in control of the premises.
RR. “Residential” means any residential Dwelling or apartment house.
SS. “Resource recovery” means the reclamation or salvage of wastes for reuse, conversion to energy or recycling.
TT. “Rubbish” includes non-putrescible Solid Wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber byproducts or litter.
UU. “SB 1383” means Senate Bill 1383 (Chapter 395, Statutes of 2016).
VV. “SB 1383 Regulations” means the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
WW. “Scavenging” means the uncontrolled or unauthorized removal of Solid Waste materials.
XX. “Self-hauler” means a Generator, who hauls his or her own Solid Waste, Organic Waste, or Recyclable Materials to another Person. Self-hauler also includes a person who back-hauls waste, or as otherwise defined in 14 CCR § 18982(a)(66).
Back-hauling is the process of generating and transporting organic waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR § 18982(a)(66)(A).
YY. “Solid Waste Contractor” means a Solid Waste hauler franchised by contract with the City Council to provide for the Collection and disposal of all Solid Waste and Refuse for all residence and business establishments who choose not to perform this duty for themselves.
ZZ. “Solid Waste” includes all putrescible and non-putrescible Solid and semisolid Wastes, such as Refuse, Garbage, Rubbish, paper, ashes, industrial wastes, demolition, and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal Solid and semisolid Wastes and other discarded Solid and semisolid Wastes, and also includes liquid wastes disposed of in conjunction with Solid Waste disposal sites; but excludes:
1. Raw sewage collected and treated in a municipal or regional sewerage system; or
2. Materials or substances having commercial value which have been salvaged for refuse, recycling, or resale.
AAA. “State” means the State of California.
BBB. “Supermarket” means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR § 18982(a)(71).
CCC. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food service provider.
4. Food distributor.
5. Wholesale Food Vendor.
DDD. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on-site food facility and 200 or more rooms.
3. Health facility with an on-site food facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. Local Education Agency facility with an on-site food facility.
EEE. EEE. “Vector” includes any insect or other arthropod, rodent or other animal capable of transmitting the causative agents of human disease or disrupting the normal enjoyment of life by adversely affecting the public health and wellbeing.
8.16.020 -FFF. “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR § 189852(a)(76).
8.04.030 Franchise—Solid Waste Contractor.
8.16.030 -A. The City Council may provide for Solid Waste Collection and disposal by the granting of an exclusive or nonexclusive franchise for such purpose, subject to the terms and conditions which achieve the following objectives and purposes:
1. To provide the most consistent and responsible level of customer service without interruption or cause of action for customer complaints;
2. To offer and maintain the lowest and most cost-effective rates for minimum customer service.
B. Only those contractors who have entered into a franchise agreement with the City shall be permitted to perform Solid Waste Collection services within the City. At the expiration of the term of any franchise agreement (including any extended term, if so authorized in a franchise agreement), the City Council shall authorize and undertake a competitive bidding process prior to awarding any exclusive franchise for any succeeding terms.
8.04.040 Compliance.
It is unlawful for any person, enterprise, or Solid Waste Contractor to deposit, store, collect, dispose of, or fail to collect or dispose of Solid Waste within the City, except as provided in this chapter.
8.04.050 Storage of Waste—Containers.
A. The owner, operator and/or occupant of any premises, business establishment, industry or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all Solid Waste accumulated on the property.
1. To provide the most consistent and responsible level of customer service without interruption or cause of action for customer complaints;
2. To offer and maintain the lowest and most cost-effective rates for minimum customer service.
B. In all cases in which Garbage and Rubbish are combined, the standards for Garbage shall prevail. The property owner or occupant shall store Solid Waste on his or her premises or property and shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of Vectors, or the creation of Nuisances.
C. The design of any new or expanded building or other facility shall provide for proper storage or handling which will accommodate the anticipated Solid Waste generation, and which will allow for efficient and safe waste removal or Collection. Such provision shall be a condition to the issuance of a building permit, and to the issuance of a use permit, when required, and determination of the adequacy by the City, unless otherwise exempted by planning officer.
D. Where the Solid Waste Contractor furnishes storage Containers, he or she is responsible for maintaining the Containers in good clean condition (ordinary wear and tear expected). The Solid Waste Contractor shall plan with the property owner and/or occupant as to placement of storage Containers to minimize traffic, aesthetic, and other problems both on the property and for the general public to the satisfaction of the City pursuant to this chapter. Dumpsters containing wet garbage shall be cleaned and kept free from Putrescible residue after each dump, pursuant to Health and Safety Sections 17315 and 17341.
E. Containers. Every property owner, tenant, lessee or occupant of any private dwelling house or premises, and every business or other person having refuse in the City, shall deposit all Garbage, Putrescible matter, mixed Garbage, and Rubbish in Containers which are nonabsorbent, watertight, Vector-resistant, durable, easily cleanable, designed for safe handling, and which are designed for the containment of Refuse.
1. Residences shall have metal or plastic Containers not greater than thirtytwo gallons in capacity with a filled weight not exceeding sixty pounds.
2. Business establishments shall have metal or plastic Containers of the type specified for Residential use in a number, not to exceed six, or metal bins or rolloff containers (debris boxes) of a type approved by the City. The City may require that a bin, roll-off, or other type of Container be used (even though the number of cans which would otherwise be used is not over six), whenever necessary to prevent an unhealthy or unsightly condition.
F. No person shall tamper with, modify, add to, remove from, or deposit Solid Wastes in any Container which is not provided for his or her use without the express permission of the Container’s owner. Violation of this section shall constitute a misdemeanor.
8.04.060 Schedule of Waste Removal.
A. Except as otherwise provided in this chapter, all Solid Waste shall be Collected and disposed of not less than once each week.
B. Where a business establishment has a bin or roll-off container which, because of the amount and type of Solid Waste generated, does not require weekly service, the bin or roll-off container may be presented for Collection on any reasonable periodic basis approved by the City, providing the same does not contain Putrescible waste.
C. All food establishments shall provide for Solid Waste Collection not less than twice weekly.
D. Where necessary to prevent an unsanitary or unsightly condition, the City may require that a resident or business establishment provide for Solid Waste Collection more often than once per week.
E. If any person or business does not use the Solid Waste Contractor’s service, he or she must maintain his or her property and provide for removal and disposal in the same manner as though he or she subscribed to the service.
8.04.070 Transportation of Waste.
A. All equipment of the Solid Waste Contractor used for Collection and transportation of residential and commercial refuse shall be nonabsorbent, watertight, Vector-resistant, easily cleanable, and designed for safe handling. The equipment shall be maintained in excellent mechanical condition, supported by the submittal of quarterly vehicle inspection reports. The equipment shall also be cleaned in a frequency and in a manner determined by City to prevent the propagation or attraction of flies, rodents, or
other Vectors, as well as the creation of Nuisances, and shall not be stored or parked on public streets.
B. All equipment and vehicles used for the Collection and transportation of Refuse, whether owned and operated by the Solid Waste Contractor or a private person providing his or her own service, shall be subject to and made available for City Inspection at any time upon City request.
C. Notwithstanding other provisions in this chapter, all Solid Wastes which are subject to Collection and transport by the Solid Waste Contractor shall become the property of the City solely for purposes of beneficial use in possible Resource Recovery by the City, after such time as the Solid Waste Contractor takes possession thereof.
8.04.080 Scavenging—Prohibition and Enforcement.
A. Scavenging. Scavenging as defined in Section 8.04.010 is prohibited on any premises, public or private.
B. Rules and Regulations. Unless otherwise stipulated in this chapter, the Health Officer is authorized to make all necessary and reasonable rules and regulations covering Refuse accumulation, Collection, transportation, disposal, types of Refuse Containers and vehicles used for Collection, and for the operation and maintenance of sanitary methods of Refuse disposal. All such rules and regulations shall be consistent with the provisions of Sections 8.04.010 through 8.04.070 and all resolutions and policies of the City Council.
C. Violation—Penalty. A violation of provisions of Sections 8.04.010 through
8.04.070 constitutes a misdemeanor, and upon conviction thereof is punishable by imprisonment in the County jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both such imprisonment and fine.
D. Enforcement. The City director is designated as the Enforcement Agency for provisions of Sections 8.04.010 through 8.04.070 and is authorized to provide for necessary Inspections and to otherwise enforce the provisions of this chapter.
E. Abatement Proceedings—Option to Revoke Franchise. Violations of the provisions of this chapter constitute:
1. A Public Nuisance. If any person, business, or the Solid Waste Contractor allows the accumulation, Collection, transport, or disposal of Solid Waste in violation of this chapter and/or in any manner which creates a condition inimical to the public health, safety, and welfare, a public Nuisance is deemed to have occurred. The City director and/or The Health Officer shall immediately commence all appropriate actions for the abatement, removal, and enjoinment of the Nuisance and the conditions or activities creating it, and the City director shall deliver written notice of the Nuisance with a request to immediately correct,
together with a demand for payment of a penalty of three hundred dollars for each occurrence (if the violator is the franchised waste hauler, or prosecution for misdemeanor, if the violator is a private individual. Upon the occurrences of three or more separate occurrences of a public Nuisance by the Solid Waste Contractor within a six-month period, the City Council shall have the right to automatically revoke and terminate the franchise Solid Waste contract.
2. Customer Complaint Procedure—Infraction and Penalty. Any customer or subscriber of the Solid Waste Contractor’s service who is dissatisfied with or has a complaint regarding such service which may constitute a violation of the franchise contract or this chapter, shall bring his or her complaint to the immediate attention of the City director. The City director shall cause an investigation of the complaint and may institute any reasonable sanctions he or she deems appropriate against the waste contractor upon finding an actual failure or violation. Such sanctions or fines shall not exceed the following:
a. “Warning” to Solid Waste Contractor, giving notice of infraction or violation, and demand to correct. Three warnings in six months shall result in the levy of a penalty of three hundred dollars for each violation thereafter.
b. “Penalty” demanding payment of a fine of three hundred dollars for three or more warnings or a material violation which constitutes a public nuisance as defined in this section.
Appeal from any decision of the City director to the City Council shall be available upon ten days written notice from the aggrieved party. Nothing in this chapter shall preclude the City, on its own initiative, from causing the investigation of any alleged or actual violation of either this chapter or the refuse Collection contract, by the Solid Waste Contractor and subsequently instituting these or any additional abatement proceedings.
3. Material Breach. Upon the occurrence of any public Nuisances or other violations which result in the imposition of three or more penalties against the Solid Waste Contractor within one year, or upon any material breach or default of the franchise contract by the Solid Waste Contractor, the City director shall give the Solid Waste Contractor written notice of such breach or default and of the City Council’s right to immediately terminate the contract and revoke the grant of the franchise privilege to the Solid Waste Contractor within thirty days thereof. In such event, the City shall provide for the Solid Waste Collection by any means available to it, including utilization of the defaulting contractor’s equipment and/or contracting with another Solid Waste hauler; and any and all costs incurred by the City in so doing shall be paid by the defaulting Solid Waste Contractor.
8.16.040 -8.04.090 Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require food facilities operating at the large Venue or Large Event to comply with the requirements of this section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
2. Allow the City’s designated Enforcement entity or designated third party Enforcement entity to access the Premises and to review records pursuant to 14 CCR § 18991.4.
3. Keep records that include the following information, or as otherwise specified in 14 CCR § 18991.4:
a. A list of each Food Recovery Service or Food Recovery Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR § 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR § 18991.3(B).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
i. The name, address, and contact information of the
Food Recovery Service or Food Recovery Organization.
ii. The types of Edible Food that will be collected by, or Self-hauled to, the Food Recovery Service or Food Recovery Organization.
iii. The established frequency that Edible Food will be collected or Self-hauled.
iv. The quantity of Edible Food, measured in pounds
recovered per month, collected or Self-hauled to a Food Recovery
Service or Food Recovery Organization for purposes of Food Recovery.
d. Nothing in this chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557, Chapter 557, Statutes of 2017.
8.16.050 -8.04.100 Requirements for Food Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(1):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the Service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization for which the Food Recovery Service transports Edible Food for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators via a contract or written agreement established under 14 CCR § 18991.3(b) shall maintain the following records, or as otherwise specified by 14 CCR § 18991.5(a)(2):
1. The name, address, and contact information for each Commercial Edible Food Generator from which the Organization receives Edible Food.
2. The quantity in pounds of Edible Food collected form each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service from which the Organization receives Edible Food for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract or have written agreements
with one or more Commercial Edible Food Generators pursuant to 14 CCR § 18991.3(b) shall, no later than March 1, July 1, and September 1 of each calendar year, report to the City in which they are located the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators with which they have established a contract or written agreement pursuant to 14 CCR § 18991.3(b).
D. Food Recovery Capacity Planning. In order to support Edible Food Recovery capacity planning assessments and other studies, Food Recovery Services and Food Recovery Organizations operating in the City shall, upon request, provide information and consultation to the City regarding existing or proposed new or expanded Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators.
8.16.060 -8.04.110 Requirements for Facility Operators.
A. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, compost facilities, in-vessel digestion facilities, and publicly owned treatment works shall, upon the City’s request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond in writing within sixty (60) days.
2. Community Composting operators, upon the City’s request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste handled or anticipated to be handled at the Community Composting operating. Entities contacted by the City shall respond in writing within sixty (60) days.
8.16.070 -8.04.120 Inspections and Investigations.
A. City representatives and/or its designated entity, including designees, are authorized to conduct Inspections an investigations, at random or otherwise, of any Collection Container, Collection vehicle loads, or transfer, processing, or disposal facilities for materials collected from Generators, or Source Separated materials, to confirm compliance with this chapter by Commercial Edible Food Generators, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This section does not allow the City to enter the interior of a private Residential property for Inspection.
B. The regulated entity shall provide or arrange for access during all Inspections (with the exception of Residential property interiors) and shall cooperate with the City’s employee or its designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in Containers, Edible Food Recovery activities, records, or any other requirement described herein. Failure to provide or arrange for: (i) access to an entity’s Premises; or (ii) access to records for any Inspection or investigation is a violation of this chapter and may result in penalties described in Section 8.04.130.
C. Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code § 6520 et seq.
D. City representatives or its designees are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this chapter, subject to applicable laws.
E. Regulated entities shall relay to the City director all written complaints they receive concerning act or omissions of themselves or another entity that is potentially non-compliant with SB 1383 Regulations, including anonymous written complaints.
8.16.080 -8.04.130 Violations.
A. Violation of any provision of Sections 8.04.090 through 8.04.120 shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by an Enforcement Agency. Enforcement Actions under this chapter include issuance of an administrative citation and assessment of a fine. The procedures set forth in Chapter 1.22 of Title 1 of the Jackson Municipal Code shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce Sections 8.04.090 through 8.04.120 and any rule or regulation adopted pursuant to these sections, except as otherwise indicated in this chapter.
B. City may seek all other remedies allowed by law, including civil action or prosecution for an alleged misdemeanor or infraction. City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations.
C. Penalty amounts for types of violations of Sections 8.04.090 through
8.04.120 are as set forth in Section 1.22.070.
D. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to Sections 1.22.010 to 1.22.150.
E. Education Period for Non-Compliance. Beginning January 1, 2022 and through December 31, 2023, the City will conduct Inspections, Route Reviews, waste evaluations, and compliance reviews, depending on the type of regulated entity, to determine compliance, and if the City determines that Self-hauler, hauler, Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this chapter and a notice that compliance is required as of January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
F. Civil Penalties for Non-Compliance. Beginning January 1, 2024, if the City determines that a Self-hauler, hauler, Tier One Commercial Edible Food Generator, Tier Two Commercial Edible Food Generator, Food Recovery Service, Food Recovery Organization, or other entity is not in compliance with this chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this chapter.
G. This chapter shall be interpreted to be consistent with the City’s regulatory authority and shall only apply to Local Education Agencies and other entities to the extent permitted by law, including SB 1383 Regulations.
City of Jackson
Council Meeting Memorandum
Monday, January 24, 2022 – 7:00 PM Regular Meeting
To: The Honorable Mayor and Members of the City Council Date: January 20, 2022
From: City Manager, Yvonne Kimball
Agenda Item #8b ACRA afterschool program funding
Recommendation:
That the City Council consider ACRA funding request and provide funding for a trial period for the remainder of the school year.
Discussion:
In the past, ACRA ran an afterschool program in the HEINS Building on Main Street, Jackson.
The program charged participants and there was no charge to the cities.
It is my understanding that the program discontinued in 2020 due to COVID concerns. Then the City of Plymouth invited ACRA to run an afterschool program in Plymouth. The City of Plymouth pays ACRA $18,000 a year to fund the program. The program is free to participants.
Executive Director Justin Howard approached Jackson and offered to run a similar program in Jackson using the Scott Hut facility. Attached is a memo from Mr. Howard detailing the input and output of Plymouth’s program. Under this model, city pays ACRA to run the program in Jackson.
Scout Hut is a city owned facility. Traditionally it has been primarily used by the Boy Scouts (and now Girls Scouts as well). The Scouts has shared with ACRA for some programs. It would be a good facility for the After School Program.
Given Jackson’s dynamics, what works in another community may not work here. The lack of affordable childcare has been a reported issue for labor force nationwide. Therefore, an afterschool program may be beneficial for the community. However, staff recommends a trial run for a few months, which will keep the cost around $6,000 or $7,000. It is an unbudgeted item, however a relatively small amount.
Attachment: ACRA Justin Howard KAP memo
8b ACRA Kids Afterschool Program (KAP)
Subject: Request of KAP program to Jackson at the Scout Hut To: Yvonne Kimball, City Manager, City of Jackson
From: Justin Howard, Executive Director, Amador County Recreation Agency Date: 1/14/2022
_____________________________________________________________________________ The KAP Kids Afterschool Program in Plymouth has served as a model of how a community can benefit their youth and families through a subsidized program. The subsidy helps mitigate labor costs for ACRA as well as materials used within the program. Currently the Lodge Hill Program costs the City of Plymouth $18,000 per school year allowing for 2-3 ACRA employees at minimum wage to run the program in congruence of the regular school year. This program would do well in the Jackson community (Scout Hut).
KAP Lodge Hill Five Year Overview
When looking over the past five years, KAP program in Plymouth has been successful in retaining participants with many of them being returning students along with their siblings.
When looking over our retention rate for how many kids over the years we’re returning 14 to 16 participants.
School Year 2016-2017, each month the average ranged from 21 to 27 participants daily.
School Year 2017-2018, each month the average ranged from 5 to 7 participants daily.
School Year 2018-2019, each month the average ranged from 12 to 15 participants daily.
School Year 2019-2020, each month the average ranged from 9 to 16 participants daily.
Looking over the registration forms for KAP, in 2016-2017 there was 41 participants, 2017-2018 there was 19 participants, 2018-2019 there was 31 participants, 2019-2020 there were 30 participants.