Jackson City Council Agenda
Monday, February 28, 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: 048748950
Please join using this link: https://v.ringcentral.com/join/048748950 NOTE: In person public attendance is optional, however there is limited seating due to following the social distancing guidelines. You may participate electronically via Zoom Conferencing. Participants will be muted upon entry. 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. APPROVAL OF AGENDA.
Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54954.2 of the Government Code).
2. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
3. 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. 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 Reports in the amount of $168,662.86. b. Resolution No. 2022-04 Year 2022 City Investment Policy. c. Approval of Special Event Permit Application – Dandelion Days.
5. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
6. 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.
7. DISCUSSION CALENDAR.
a. Resolution No. 2022-05 Possible Authorization of the City Manager to enter into Planning Consultant Contract with CSG and establish a list of prequalified consultants. b. Introduction and first reading of Ordinance No. 723 amending sections of the Jackson Municipal Code updating references to the Vice Mayor, authorizing Amador County to enforce chapter
10.38, and updating references in chapter 17.86.
c. 2
nd reading and possible adoption of 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: adoption; first hearing on January 24, 2022]. d. Brights Addition Alley Way discussion and possible action on how to proceed. e. Direction to proceed with necessary process to fill council seat vacated by former CM Riebe.
8. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
UPCOMING MEETINGS:
February 28, 2022 7:00pm Council Meeting
March 9, 2022 10:00 am Cemetery Committee Meeting
March 14, 2022 7:00 pm City Council Meeting
March 21, 2022 6:30 pm Planning Commission Meeting (TBD) March 28, 2022 7:00 pm City Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICES:
May 30, 2022 Memorial Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us for previous agendas, minutes and City budget.
Item 4a Expenditure Report
CITY OF JACKSON
Council Meeting Memorandum
Monday, February 28, 2022 – 7:00 PM Regular Meeting
TO: Honorable Mayor and Members of the City Council
FROM: Yvonne Kimball, City Manager
Dalacie Blankenship, Accounting Manager
DATE: February 15, 2022
SUBJECT: Public Meeting to Consider the City’s Investment Policy
RECOMMENDATION
That the City Council pass a motion to adopt Resolution No. 2022-04 approving the City’s Investment Policy for Calendar Year 2022.
DISCUSSION
The City Council is required by the California Government Code to annually consider the City’s Investment Policy at a public meeting. With approval of the investment policy the City Manager or his/her designee is appointed to carry out the policy.
The City of Jackson currently invests its temporarily idle funds with the State of California Local Agency Investment Fund (LAIF) and CalTRUST. Investment transactions with LAIF and CalTRUST involve only transfers between LAIF or CalTRUST and the City’s checking account. Authorized personnel do not write or authorize checks or receive checks or cash involved in the investment activity.
As of December 31, 2021, the City’s investment in LAIF and CalTRUST totaled $6,471,452.87. The interest rate on the LAIF investment as of December 2021 was 0.23 percent and CalTRUST was 0.42 percent (which are a lot lower than the last year’s 0.63 % and 0.67%). These two programs are market driven and their yield rates fluctuate constantly.
In addition to LAIF and CalTRUST, we began to invest some cash in the certificate of deposits (CD) in 2019 as authorized by the Council. As of December 31, 2021, we have $240,000 in CDs and earned $12,016.28 in interest for the calendar year 2021. CD’s interest rates were 2.45% and 2.5%. Originally, we had $480,000 in CDs, and half of them matured last year. The proceeds are in LAIF and CalTrust.
The CD rates declined drastically during the pandemic years. Staff is keeping a close eye on the rates for an opportune time to invest again.
It is recommended that the Council adopt Resolution No. 2022-04 Investment Policy for 2022. It resembles prior policy and continues to require that the City maintain a cash level to cover 6-months expenditure.
Attachments: Resolution No. 2022-04 2022 Investment Policy Item 4b Resolution No. 2022-04
City Investment Policy
Resolution No. 2022-04
A Resolution of the City Council of the City of Jackson Adopting the City Investment Policy
WHEREAS, the City Council has the final authority to invest surplus funds pursuant to Government Code Section 53601; and
WHEREAS, the City Council may delegate its investment authority to the City Manager (or his designee) and explicitly provide what investments the City Manager (or his designee) is or is not allowed to make in accordance with the annual investment policy; and WHEREAS, the City Council desires to so delegate and adopt its Investment Policy for the 2022 calendar year to invest in authorized programs, including the Investment Trust of California (CalTRUST), the California Local Agency Investment Fund (LAIF) and certain certificates of deposits programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jackson as follows:
1. The City Manager (or his designee) is hereby appointed to carry out the investment policy as set forth in Exhibit “A” attached hereto.
2. The City Manager (or his designee) shall submit periodical reports to the City Council of any and all investments pursuant to the Investment Policy.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of February 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Robert Stimpson, Mayor
ATTEST:
___________________________
John Georgette, City Clerk
City of Jackson
Council Meeting Memorandum
Monday, February 28, 2022 – 7:00 PM Regular Meeting
To: Honorable Mayor and Members of City Council
From: Chris Mynderup, Chief of Police
Date: February 22, 2022
Subject: Special Event Permit Approval – Dandelion Days Recommendation
That City Council approves the Special Event/Parade Permit Application for Dandelion Days, submitted by the Jackson Lions Club. Dandelion Days is scheduled this year for March 19 – 20, 2022 from 8:00 am to 6:00 pm.
Discussion
Dandelion Days set-up will be on Friday, March 18th, 2022, beginning at approximately 5:00 pm. The event will be open on Saturday, March 19th through Sunday, March 20th.
Event hours will be 8:00 am to 6:00 pm on both days.
Dandelion Days is a rather peaceful event with relatively low police activity and other emergency service needs. The anticipated number of attendees is 5,000 per day.
Volunteers from the Argonaut High School Football Team shall provide afterhours security monitoring and after event cleanup.
Street Closures
Historic Main Street from the furthest north curb line prolongation proximate the front of the Jackson Fire Station, south to California Street at Main Street, El Dorado Savings parking lot to Highway 49, Court Street at Main Street, Wells Fargo Bank parking lot to Highway 49, Broadway at Summit Street, the Bank of America parking lot and Petkovich Park. The Jackson Lions Club shall provide traffic/parking controls on Broadway for the Civic Center garage parking lot. Other traffic control measures will be in place to prevent unlawful parking in areas surrounding the event. The Main Street and Highway 49 intersection will remain open to vehicular traffic just north of California Street.
Item 4c Special Event Permit Application -
Dandelion Days
According to the permit application, the Lions’ HQ trailer will be set up at Main and Broadway, March 12, 2020 and a temporary STOP sign is needed. Parking will be restricted on Main Street from Friday pm to Sunday pm.
Alcoholic Beverage Venue – Beer/Spirits Garden:
The Jackson Lions Club requests permission to operate and sell beer, wine, and spirits from a portable beer/wine booth (Beer Garden). The location will be within the parking lot (Logan’s Alley) adjacent to the west side of the National Hotel. The proper ABC permit has been obtained and is in order. The Jackson Lions Club is responsible for adherence to all respective ABC laws and regulations within the consumption area and is solely responsible for checking identifications of those purchasing alcoholic beverages.
Impacts:
This event will have significant impact to the City and vehicle/pedestrian traffic. It is anticipated that this event will require the use of most full-time officers, reserve officers and volunteer staff.
Attachment: Application for Special Event/Parade Permit
Resolution No. 2022-05
A Resolution of the City Council of the City of Jackson Selecting CSG Consultants as the City Planner, and Establishing a List of Prequalified Consultants for City Projects
WHEREAS, the City of Jackson has solicited Statements of Qualifications from rims interested in providing a full array of City Planner services as set forth in the attached Exhibit A, including long-range and short-range planning projects as well as conformance with CEQA and other regulations; and
WHEREAS, the City carefully reviewed the statements received, interviewed two firms relative to the qualification; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Jackson as follows:
1. The City Manager is authorized to enter into an agreement with CSG Consultants to act as City Planner and provide related services in a form approved the city attorney. Such agreement shall include the scope of services set forth in Exhibit A and the rates for services as set forth in the attached Exhibit B. Both exhibits are incorporated by this reference.
2. The City Council approves the creation of a Prequalified Consultant List to include Interwest Consulting Group (Interwest). The City Manager may execute an agreement with Interwest for back-up planning and similar services in a form approved by the City Attorney.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
______________________________
Robert Stimpson, Mayor
ATTEST:
__________________________
John Georgette, City Clerk
Item 7a Resolution No. 2022-05
Planning Consultant Contract with CSG
Exhibit A - Scope of Services
In general, the successful individual or firm will be expected to provide planning services for long range planning projects as well as all types of projects requesting entitlements, including but not limited to new residential, commercial, and industrial buildings. The City Planner Consultant or Team provide professional services for the City that include general planning-related development and land use project review, site visits, public counter services, technical plan check for planning documents and plans, map review, maintenance of the General Plan and Development Code, conformance with Federal, State and local regulations, particularly the California Environmental Quality Act (CEQA) and general compliance with City Standards, Ordinances, and Regulations.
The planning services that a successful applicant would provide include, but are not limited to the ability to perform the following:
A. Be present at City Hall and hold regular office hours as agreed upon by staff and Consultant.
B. Develops and maintains good working relationships with other city departments, other jurisdictions, and the public.
C. Analyze projects for compliance with the City’s General Plan, zoning ordinance, Subdivision Map Act, Design Guidelines, applicable specific plans, and other policies.
D. Review and process ministerial applications and discretionary entitlements, such as: Plan Checks, Zoning Clearances, Sign Permits, Use permits, Variances, Design Review, Tentative Maps, and General Plan and Zoning amendments.
E. Compiles and analyzes data on economic, social, environmental, and physical factors affecting land use.
F. Meets with developers, engineers, property owners, contractors, and other individuals to discuss, advice, explain processes and suggest improvements regarding potential projects, preapplications, development applications, feasibility analysis, conceptual development plans and code interpretation.
G. Staff Planning Commission meetings (held monthly or as needed), Design Review Committee meetings (as needed), and Site Review Committee meetings (as needed). Ability to write Planning Commission and City Council staff reports, resolutions, ordinances, conditions of approval, and give oral presentations.
H. Attend public hearings and community meetings as necessary.
I. Analyze projects for CEQA compliance.
J. Ability to review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects).
K. Provide strong emphasis on the management of multiple projects and competing priorities while maintaining quality, meeting schedules, and staying within budget.
L. Answer public inquiries by telephone, mail or in person at a public counter regarding property zoning and/or General Plan land uses, application submittal requirements, etc.
M. Facilitation of special projects including but not limited to the General Plan Update, the Housing Element Update, annual reporting to Housing and Community Development and maintaining consistency of the Development Code with current legislation and legal requirements.
N. Ability to provide budget estimates for general services and cost estimate for specific projects.
O. Other tasks that may be assigned from time to time.
Exhibit B - CSG Rate Sheets
PERSONNEL / ROLE HOURLY RATE
Planning Technician $95
Assistant Planner $105
Associate Planner $120
Senior Planner $140
Senior Environmental Planner $150
Principal Planner $155
Planning Manager $170
Planning Director $185
Sustainability Program Analyst $135
Sustainability Program Senior Analyst $150
Sustainability Program Manager $170
Except that until December 2022 CSG agrees to temporarily do $140 for Principal Planner; $95 for Assistant Planner and update overall consultant fees starting Jan 2023.
City of Jackson
Council Meeting Memorandum
Monday, February 28, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Josh Nelson, City Attorney
Date: February 14, 2022
Agenda Item #7b: Introduction and First Reading of Ordinance No. 723 Amending Sections
2.24.010, 2.24.020, 2.24.030, 2.24.050, 10.38.020, 10.38.050, 10.38.060,
10.38.070, 10.38.080, 10.38.090, 10.38.100, 10.38.110, 10.38.120,
10.38.150, 10.38.160, 10.38.180, 17.86.020, 17.86.030, 17.86.060 and
17.86.070 of the Jackson Municipal Code Updating References to the Vice Mayor, Authorizing Amador County to Enforce Chapter 10.38, and Updating References in Chapter 17.86
RECOMMENDATION
That the City Council waive first reading and read by title only Ordinance No. 723 Amending Sections 2.24.010, 2.24.020, 2.24.030, 2.24.050, 10.38.020, 10.38.050, 10.38.060, 10.38.070,
10.38.080, 10.38.090, 10.38.100, 10.38.110, 10.38.120, 10.38.150, 10.38.160, 10.38.180,
17.86.020, 17.86.030, 17.86.060, and 17.86.070 of the Jackson Municipal Code Updating References to the Vice Mayor, Authorizing Amador County to Enforce Chapter 10.38, and Updating References in Chapter 17.86.
DISCUSSION
City staff would like to clean up various provisions in the Jackson Municipal Code, including:
• Amending Sections 2.24.010, 2.24.020, 2.24.030, and 2.24.050 of Chapter 2.24 (Mayor) of Title 2 (Administration and Personnel) to replace the term “mayor pro tempore” with “vice mayor.”
• Amending Sections 10.38.020, 10.38.050, 10.38.060, 10.38.070, 10.38.080, 10.38.090,
10.38.100, 10.38.110, 10.38.120, 10.38.150, 10.38.160 and 10.38.180 of Chapter 10.38 (Abandoned Vehicle Abatement) of Title 10 (Vehicle and Traffic) as requested by Amador County, to provide the County with code enforcement authority of Chapter 10.38. Amador County Code Enforcement rep. will be attending the meeting.
Item 7b Introduction and first
reading of Ordinance No. 723
• Amending Sections 17.86.020, 17.86.030, and 17.86.060 of Chapter 17.86 (Lot Line Adjustments) of Article IV (Land Use and Development Permit Procedures) of Title 17 (Development Code) to include updated and references. The City Engineer’s office researched and prepared the changes.
Enclosure:
Ordinance text (text in blue pertaining to abandoned vehicle enforcement)
Ordinance No. 723
An Ordinance of the City Council of the City of Jackson Amending Sections 2.24.010, 2.24.020, 2.24.030, 2.24.050, 10.38.020,
10.38.050, 10.38.060, 10.38.070, 10.38.080, 10.38.090, 10.38.100,
10.38.110, 10.38.120, 10.38.150, 10.38.160, 10.38.180, 17.86.020,
17.86.030, 17.86.060, and 17.86.070 of the Jackson Municipal Code Updating References to the Vice Mayor, Authorizing Amador County to Enforce Chapter 10.38, and Updating References in Chapter 17.86
WHEREAS, the City Council of the City of Jackson (“City”) desires to make various updates to the Jackson Municipal Code; and
WHEREAS, the purpose of this Ordinance is to make various updates to the Jackson Municipal Code, by amending sections of Chapter 2.24 to update all references of “mayor pro tempore” to “vice mayor”; amending sections of Chapter 10.38 to provide the County with code enforcement authority under Chapter 10.38 and, amending sections of Chapter 17.86 to update references as recommended by the City Engineer.
The City Council of the City of Jackson does ordain as follows:
SECTION 1. Amendment. Section 2.24.010 of the Jackson Municipal Code is hereby amended to read in full as follows:
“2.24.010 When chosen.
The mayor and vice mayor shall be chosen one year from the date set by Section 36801 of the Government Code of the State of California for a one-year term or until a duly elected successor takes office.”
SECTION 2. Amendment. Section 2.24.020 of the Jackson Municipal Code is hereby amended to read in full as follows:
“2.24.020 Incumbent – Status.
The persons elected as mayor and vice mayor shall be incumbents.” SECTION 3. Amendment. Section 2.24.030 of the Jackson Municipal Code is hereby amended to read in full as follows:
“2.24.030 Effective date.
The ordinance codified in this chapter shall be effective at the election in 1974 and the mayor and vice mayor elected in 1974 and each year thereafter shall serve for one year.” SECTION 4. Amendment. Section 2.24.050 of the Jackson Municipal Code is hereby amended to read in full as follows:
“2.24.050 Duties of the vice mayor.
The vice mayor pro serves at the pleasure of the city council and has all of the rights and responsibilities of any councilmember. In addition, the vice mayor:
A. Performs the duties of the mayor if the mayor is absent or disabled and unable to perform mayoral duties.
B. Chairs city council meetings at the request of the mayor.
C. Reports closed session actions in open session at city council meetings.” SECTION 5. Amendment. Section 10.38.020 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.020 Definitions.
As used in this chapter:
A. “Abandoned vehicle” means a motor vehicle left on a highway, public property, or private property in such an 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 seventy-two 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 the vehicle 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 office, designated employee(s), or abatement official(s).
B. Authority” means the Amador County Abandoned Vehicle Authority.
C. “County” means Amador County, California.
D. “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.
E. “Dismantled vehicle” means any motor vehicle that is partially or wholly disassembled.
F. “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 a street, and all or any part of the entire width of the right-of-way of said highway.
G. “Inoperative vehicle” means any motor vehicle that cannot move under its own power.
H. “Public property” includes streets and “highways.”
I. “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.
J. “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.”
SECTION 6. Amendment. Section 10.38.050 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.050 Enforcement authority – Right of entry.
Except as otherwise provided herein, the provisions of this chapter may be administered and enforced by the city manager, designated employee(s) or abatement official(s). In enforcing this chapter, designated employee(s) or abatement official(s) 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.”
SECTION 7. Amendment. Section 10.38.060 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.060 Contract or franchise – Right of entry for removal of vehicle.
When the city or Authority have 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.”
SECTION 8. Amendment. Section 10.38.070 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.070 Administrative costs determination.
The city council or Authority, by resolution, 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.”
SECTION 9. Amendment. Section 10.38.080 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.080 Notice of intention to abate and remove vehicle.
A. Unless both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle or any 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 city manager, designated employee or abatement official 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 removal of the vehicle pursuant to this section that the return receipt be received showing delivery of the notice.
B. 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 a hearing before the designated employee or abatement official, at which hearing the property owner may in lieu of appearing, submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial. If such a statement is submitted, it shall be construed as a request for 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 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, abatement official or his/her designated 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 or abatement official. The request shall be made to the designated employee or abatement official 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 or abatement official shall have authority to remove or cause the removal of the vehicle.”
SECTION 10. Amendment. Section 10.38.090 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.090 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 or abatement official, who shall hear all facts and testimony the designated employee deems pertinent.”
SECTION 11. Amendment. Section 10.38.100 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.100 Appeal to city council or Authority.
A. Any interested party may appeal the decision of the designated employee or abatement official by filing a written notice of appeal with the designated employee or abatement official within five days of his or her decision. Appellant shall pay an appeal fee of seventy-five dollars ($75.00) when filing an appeal with the city council or the 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
10.38.080 of this chapter.
D. In conducting the hearing, the city council or Authority shall not be limited by the technical rules of evidence.”
SECTION 12. Amendment. Section 10.38.110 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.110 Order of vehicle removal – Assessment of costs.
A. If no request for a hearing is received by the city manager, designated employee(s) or abatement official(s) within ten days after the notice is mailed, or both the property owner and the owner of the vehicle have signed releases authorizing removal and waiving further interest in the vehicle, and the city manager, designated employee(s) or abatement official(s) 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 event of an appeal to the city council, the city council upholds the findings of the city manager, designated employee(s) or abatement official(s), then the city manager, designated employee(s) or abatement official(s) may order the vehicle removed from the property as a public nuisance 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.
B. The city manager, designated employee(s) or abatement official(s) may impose such conditions and take such other action as he or she 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.”
SECTION 13. Amendment. Section 10.38.120 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.120 Exceptions to hearing requirement.
A hearing as provided above in this chapter shall not be required under 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 any part thereof; or
B. When the property owner has signed a release authorizing removal and waiving further interest in the vehicle or any part thereof and the vehicle is located upon a parcel which is:
1. Either zoned for agricultural use, or is not improved with a residential structure containing one or more dwelling units, and
2. Inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed, and
3. Valued at less than three hundred dollars by the city manager, designated employee(s) or abatement official(s), the Jackson police chief or any of his or her officers, or any California Highway Patrol officer, and
4. Determined by the city manager or his/her designee to be a public nuisance presenting an immediate threat to public health or safety.
Prior to final disposition pursuant to Section 10.38.130 of this chapter, of such a lowvalued vehicle for which evidence of registration is available, the city manager, designated employee(s) or abatement official(s) shall provide notice to the registered and legal owners of intent to dispose of the vehicle or any part thereof, and if the vehicle or any part thereof 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.” SECTION 14. Amendment. Section 10.38.150 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.150 Exceptions to hearing requirement.
Within five days after the date of removal of the vehicle pursuant to this chapter, notice shall be given by the city manager, designated employee(s) or abatement official(s) to the Department of Motor Vehicles, identifying the vehicle or any part thereof, and any evidence of registration available, including, but not limited to, the registration card, certificates of ownership, or license plates.”
SECTION 15. Amendment. Section 10.38.160 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.160 Notice to California Highway Patrol.
Other than a peace officer or employee of a sheriff’s department, an employee or abatement official designated to remove vehicles pursuant to Section 22669 of the Vehicle Code may do so only after he or she has mailed or personally delivered a written report identifying the vehicle and its location to the Department of California Highway Patrol located nearest to the vehicle.”
SECTION 16. Amendment. Section 10.38.180 of the Jackson Municipal Code is hereby amended to read in full as follows:
“10.38.180 Collection of costs.
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 manager, the designated employee(s) or abatement official(s) shall have the right, in addition to any other 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.”
SECTION 17. Amendment. Section 17.86.020 of the Jackson Municipal Code is hereby amended to read in full as follows:
“17.86.020 Applicability.
The Lot Line Adjustment procedure shall be used for the purpose of relocating lot lines between four or fewer adjoining parcels, where land taken from one parcel is added to an adjacent parcel and where no more parcels are created than originally existed. A Lot Line Adjustment may result in fewer parcels than originally existed. A Lot Line Adjustment shall be processed in compliance with this Chapter. For the purposes of this Chapter, an “adjacent parcel” is one that directly touches at least one of the other parcels involved in the adjustment.”
SECTION 18. Amendment. Section 17.86.030 of the Jackson Municipal Code is hereby amended to read in full as follows:
“17.86.030 Adjustment Application and Processing.
A Lot Line Adjustment application shall be prepared, filed, and processed in compliance with this Section.
A. Application content. A Lot Line Adjustment application shall include all information and other materials required by the Lot Line Adjustment process guidelines provided by the Planning Department.
B. Processing. Lot Line Adjustment applications shall be submitted to the City Planner and shall be processed according to the procedures specified by Chapter
17.70 (Applications, Processing and Fees). An environmental assessment in compliance with Section 17.70.060 (Initial Application Review/Environmental Assessment) may be required or may be waived in compliance with Section 15305 of the CEQA Guidelines.”
SECTION 19. Amendment. Section 17.86.060 of the Jackson Municipal Code is hereby amended to read in full as follows:
“17.86.060 Conditions of Approval.
In approving a Lot Line Adjustment, the City Council as applicable may impose specific development conditions as it finds are reasonable and necessary to ensure that the approval will be in compliance with the findings required by Section 17.86.050 (B) (Approval or Denial of Adjustment - Findings and Decision), and Government Code 66412(d).”
SECTION 20. Amendment. Section 17.86.070 of the Jackson Municipal Code is hereby amended to read in full as follows:
“17.86.070 Completion of Adjustment.
Within 24 months after approval of a Lot Line Adjustment, the adjustment process shall be completed as set forth in this Section through the recordation of a deed or parcel map, after all conditions of approval have been satisfied.
A. Completion by deed.
1. A Lot Line Adjustment shall not be considered legally completed until either a grant deed or a quit claim deed signed by the record owners has been recorded in compliance with this Section.
2. The applicant shall submit deeds and a plat map to the City Engineer for review, approval, and signature in compliance with subsection C of this Section, before recordation of the grant deed or quit claim deed.
3. The legal descriptions provided in the deeds shall be prepared by a qualified registered civil engineer, or a land surveyor licensed in California.
B. Review and approval by City Engineer. The City Engineer shall:
1. Examine deeds to ensure all record title owners have consented to the adjustment;
2. Examine deeds to ensure any deeds of trust or similar encumbrances will be modified to reflect new parcel descriptions;
3. Verify all conditions of approval have been satisfactorily completed and deeds and exhibits are in substantial compliance with the Lot Line Adjustment approved by the review authority;
4. When satisfied that deeds and exhibits comply with above requirements, provide an endorsed approval to the City Clerk; and
5. After approval of legal descriptions and exhibits, assemble and return them to the City Clerk for recording.
C. Expiration. The approval of a Lot Line Adjustment, including a Lot Line Adjustment that was approved before the effective date of this Development
Code, shall expire and become void if the adjustment has not been completed in compliance with this Section within 24 months of approval.” SECTION 21. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law.
SECTION 22. Effective Date. This Ordinance shall take effect thirty days after its adoption.
SECTION 23. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
On a motion by Councilmember _____, seconded by Councilmember ______, the foregoing ordinance was duly passed and adopted by the City Council of the City of Jackson at a meeting thereof held on this _____th day of _______ 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Robert Stimpson, Mayor
ATTEST:
John Georgette, City Clerk
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.
Item 7c 2nd reading and possible adoption of
Ordinance No. 722 - Solidwaste
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, February 28, 2022 – 7:00 PM Regular Meeting
To: The Honorable Mayor and Members of the City Council Date: February 28, 2022
From: City Manager, Yvonne Kimball
Agenda Item #7d Bright Addition Alley Way Discussion
Recommendation:
Options: abandon the alley way; make the alleyway accessible (by placing the fence along the alley’s north boundary line).
Discussion:
Since January, a couple of residents brought the Bright Addition Alley Way to the city’s attention. Bright Addition was originally recorded in 1894. It appears that the alleyway belongs to the City. The alleyway abuts the Oro de Amador property and is not developed nor accessible.
Resident McDaniel proposes to remove the fencing in the middle of the alleyway and re-fence following the Oro De Amador boundary line. As a result, the alleyway will be accessible. His submission is attached.
Resident Pember opposes the above and suggested the City to abandon the alleyway. His submission is attached.
The concern regarding making the alleyway accessible is the on-going maintenance needs and future development needs. The City has not been actively maintaining the alleyway. Currently the alleyway’s weeds are being kept manageable by property owners.
To abandon the alleyway, the City would relinquish the responsibility of maintenance. Each property owner would receive additional piece of property (measuring 20 ft depth and about 50 ft width). It is unknown who will be responsible to handle the cost of abandonment process. The City Attorney and the City Engineer can explain the abandonment process.
Regardless of how Council may decide, staff recommends that the cattle fence follows along the Oro de Amador property. Currently, the fence line encroaching the alleyway is being used for cattle fence line and is in need of repair.
Attachments:
- McDaniel Letter to Council
- Pember Letter to Council
Item 7d Bright Addition Alley Way Discussion
McDaniel Letter
To the Jackson City Council and all others concerned,
Per Matt Ospital’s direction, I am contacting you in opposition of the proposed alleyway behind our residence by Mr. McDaniel of North Main Street and offer what we believe is a more amenable solution for the betterment of our community.
My wife and I reside at 936 North Main Street in Jackson (see attached Google Earth map) and have owned and lived at this property since 1998. Behind our property is the Mesa De Ora property which has been owned and leased by the City of Jackson for cattle grazing. It’s beautiful undeveloped land where cattle graze, geese flock and is home to many small creatures.
According to the attached surveyors map of a portion of the Brights addition, the City of Jackson has designated a 20-foot- wide swath designated for an alleyway behind properties along North Main St from Kennedy Street to Rose Lane. Since the inception of this easement (I believe since the 1890s) the City of Jackson has declined to exercise their right to improve this easement, in effect abandoning it by choosing not to develop it.
Until recently this easement has been left as is, unimproved and unused, except by the grazing cattle. Approximately two weeks ago, our neighbor Mr. McDaniel took it upon himself, without an encroachment permit, without approval from the City of Jackson, and without the permission of the neighbors whose properties are impacted, began putting in fence posts behind our collective. When asked what he was doing, he stated that he planned to build a fence to create a one-way alleyway as a secondary means of access to his property and additional rental property he plans to build. It’s also important to note that Mr. Daniel has clear access to his property from North Main Street, as all property owners in question do. Additionally, some time ago Mr. McDaniel fenced in the additional 20-feet of easement property behind his home, again without permits or permission from the City.
After speaking with Mr. McDaniel, I immediately contacted the City of Jackson building department and after speaking with Matt Ospital, Bree Wilder and Mike Hooper, Mr.
McDaniel was directed to stop with any further attempts of work.
My wife and I, along with other impacted property owners, are adamantly against the creation of this alleyway and believe it will diminish the value of our property and put at risk the safety, security and quality of our lives and community for the reasons outlined below:
• Cost to the City of Jackson to create said alleyway including but not limited to:
o Surveying and potential EPA study as the site is impacted by tailings from mining and grading to prevent flooding from the fields
o Paving, lighting, speed bumps, signs, ongoing maintenance o Policing to address the safety of the properties and property owners due to additional traffic, hidden view, vagrancy, towing of broken down or abandoned vehicles, etc.
Pember Letter
o Fire protection to address increased likelihood of fire ignition from vehicles due to the dry grass in the fields
o Sanitary upkeep to address trash, dumping, and abandoned vehicles, furniture, etc.
o Disruption to the natural wildlife habit (geese, fox, deer, cattle and many other animals live or frequent this property daily
Instead, we offer two alternatives that will preserve the natural beauty of the land while protecting our neighborhood and neighbors while limiting costs to the city:
1. We respectfully request that the City of Jackson officially abandon this easement and return the 20-foot-wide sections of property to each impacted property owner to add to their current lot size. As part of this, we request that the City of Jackson install a uniformed boundary line fence for separation and protection from damage that may occur from the grazing cattle. (The current cattle fencing in place is old and damaged and has been in need of replacement for quite some time.)
2. Or reject the proposed alleyway and leave the easement as is with uniform fencing installed and create a fire break for the protection of the property and property owners. Tall grass grows yearly in the field and with the added fire danger this has become a real issue. (I’m sure the Fire Chief would agree.) One of the many reasons we enjoy living in Amador County is its natural beauty and peacefulness. A major factor of purchasing our home was knowing the field behind our house would never be improved upon. Additional to the reasons noted above, with an alleyway comes many potential issues that overtime reduce the serenity of the neighborhood, including the loss of privacy and security as cars will be able to travel back and forth at any time day or night. This neighborhood is already subjected to this with the easement in front of our property that is used by the tenants of the low income 4-plex next door. Over the years, this 4-plex has generated hundreds of calls to the police from surrounding neighbors for a myriad of issues. Adding a secondary entrance will only increase the disruption of peace, fire hazards and safety concerns around this location.
Noise, pollution, privacy, security and disruption of our neighborhood’s peaceful way of life will be impacted by the creation of this alleyway. We respectfully request as stated above that the City of Jackson reject Mr. McDaniel’s request and abandon this easement and choose one of the above alternative plans.
Please contact us with your decision and/or any actions needed by us moving forward.
Thank you for your time.
Rich and Sheila Pember
936 N Main St. Jackson CA
209-304-1824
City of Jackson
Council Meeting Memorandum
Monday, February 28, 2022 – 7:00 PM Regular Meeting
To: The Honorable Mayor and Members of the City Council Date: February 28, 2022
From: City Manager, Yvonne Kimball
Agenda Item #7e Filling Council Vacancy
Recommendation:
That the City Council authorize City Manager to execute a letter of authorization regarding SB 1383.
Discussion:
Effective 2/14/2022, (former) Council Member Riebe resigned from the City Council. Riebe’s resignation letter is attached. State law governs how city council can fill a vacancy. The City Attorney has prepared a memo to outline the process.
In short, Council has two options: 1) decide to appoint someone to serve until December 2022 (i.e., until the November election); 2) call for a special election and the successor would be able to serve the remainder of CM Riebe’s original term or until December 2024.
In preparation of the appointment option and being consistent with prior practices when a council member resigns before a term expires, staff placed an ad to seek applications has been posted. However, should council decide to hold a special election before the November election, any applications we may receive will not be considered.
Should Council direct to appoint someone, the application deadline is March 7 and Council should be able to make an appointment at your March 14 council meeting.
Attachments:
-Riebe resignation letter
-Procedure for vacancy
Item 7e Filling Council Vacancy
February 14, 2022
Matthew Riebe
City Council Member
603 Pitt St.
Jackson CA, 95642
Dear City Staff, Council & Residents,
With sorrow I must resign as a council-member for the City of Jackson because I intend to live outside of city limits. I will relinquish my title in a peaceful transition to allow a more suitable community leader to follow. This will be effective February 14th at 11:59 PM.
While my position in council is coming to a close, I will continue as a friend and volunteer with both the city and its people.
Sincerely,
Matthew Riebe
City of Jackson
28859.00009\31286124.1
Memorandum
To: Honorable Mayor, City Council and City Manager
From: Best Best & Krieger LLP
Date: February 23, 2022
Re: Procedures to Fill a Vacancy on the City Council
INTRODUCTION
Given Councilmember Riebe’s resignation, this memorandum details the law governing the filling of vacancies on the City Council. In sum, state law provides that within sixty days of a Council vacancy, the City Council may fill the vacancy by (1) appointing someone to fill the unexpired Council term or (2) calling a special election to fill the unexpired term. Alternatively, State law permits the City to adopt an ordinance providing that a vacancy be filled in one of the three following ways: (1) special election; (2) appointment, unless the City receives a petition for a special election; or (3) interim appointment, with the appointee serving only until a special election is complete.
In this case, the City has not adopted an ordinance on this subject, and the City Council may fill a vacancy by (1) appointing someone to fill the unexpired Council term until the November election or (2) calling a special election to fill the unexpired term.
ANALYSIS
A. DEFAULT PROCEDURES
The default procedures for filling a vacancy on the Council are set forth in Government Code section 36512(b). Under this section, when a vacancy occurs on the City Council, the Council may fill the vacancy by appointment or call a special election to fill the vacancy. The City has sixty days from the date of the vacancy to choose one of these options.
If a special election is called, it must be held on the next regular election date that is at least 114 days after the call for the special election. The City incurs the costs of conducting the election, and the term of the person elected to fill the vacancy runs to the end of the vacant seat’s original term. (Gov. Code § 36512(b)(1).)
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If the Council fills the vacancy by appointment, the duration of the appointee’s term is determined by the vacancy’s timing:
• If the vacancy occurs in the first half of the term and 130 days or more before the next general municipal election, then the appointee’s term runs to the next general municipal election. At that municipal election, the vacant city council seat will be on the ballot, and the person elected to the vacant seat will serve the remainder of the vacant seat’s original term. (Gov. Code § 36512(b)(2)(A).) • If the vacancy occurs in the first half of the term and less than 130 days before the next general election, then the appointee’s term runs to the end of the vacant seat’s original term. (Gov. Code § 36512(b)(2)(B).)
• If the vacancy occurs in the second half of the term, then the appointee’s term runs to the end of the vacant seat’s original term. (Gov. Code § 36512(b)(2)(B).
Here, the second bullet-point applies as there is more than 130 days until the November Council elections.
B. OPTIONAL LOCAL ORDINANCE
Alternatively, Government Code section 36512(c) allows the City to adopt an ordinance requiring that a vacancy be filled in one of the following three ways:
• The City may adopt an ordinance requiring all vacancies to be filled by special election.
• The City may adopt an ordinance allowing for filling a vacancy by appointment unless a specified number of petition signatures are received requesting a special election.
• The City may require an interim appointment, with the appointee serving only until a special election to fill the vacancy is completed.
Under each of these options, the election must be held at least 114 days after it is called.
C. APPLICATION TO CITY
The City has not adopted an ordinance governing City Council appointments. As such, the default rules apply, and the City Council may (1) appoint someone to fill the unexpired Council term until the November election or (2) call a special election to fill the unexpired term. The successor will serve until the candidate elected to serve the remainder of Councilmember Riebe’s term is seated.
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JOSH NELSON