Jackson City Council
March 14, 2022

Jackson City Council Agenda
Monday, March 14, 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: 090702097
Please join using this link: https://v.ringcentral.com/join/090702097 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 the Meeting Minutes for January 24, February 14 and 28, 2022. b. Approval of Expenditure Report in the amount of $116,159.77. c. Approval of Payroll Expenditure Report in the amount of $321,505.00. d. Receive Treasurer’s Report for January 2022.
e. Receive Building Department Monthly Report for February 2022. f. Receive Police Department Monthly Report for February 2022. g. Approval of Special Event Permit Application – Motherlode Cruise Car Show. h. Approval of Special Event Permit Application – Color Madness 5K Fun Run 2022. i. Possible Approval of Resolution 2022-06 City Council Accepting Offers of Dedication for Portions of Pine Meadows Subdivision.
j. Possible Approval of Resolution 2022-07 City Council Approving Lot Line Adjustement of APN 044- 460-022 (1695 Tunnel Hill Dr.).
k. Approval of Special Event Permit Application – Kit Carson Mountain Men Days of 49 Wagon Train Parade.
l. Receive Fire Department Monthly Report for February 2022.

Jackson City Council Agenda Monday, March 14, 2022
2 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. Receive, discuss and provide direction regarding (verbal) report from the Homeless Outreach Coordinator regarding the City’s response to homeless issues. b. Possible interview of applicants and possible appointment to fill a council vacancy. c. Possible Contract award for the Amador St. Waterline replacement project and authorize the City Manager to execute documents [recommendation: award contract to the lowest responsible bidder:

Campell Construction].
d. Directions regarding a future meeting with Main St. merchants. e. Possible adoption 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 Abandoned Vehicle, and updating references in Chapter 17.86 concerning Lot Line Adjustment.

8. REGULAR MEETING ADJOURNMENT.

Regular meeting adjournment.

UPCOMING MEETINGS:

March 21, 2022 6:30 pm Planning Commission Meeting (Cancelled) 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 copies of previous agendas, minutes and City budget.

CITY OF JACKSON
City Council Meeting Minutes
January 24, 2022
Mayor and Council Members
Connie Gonsalves, Vice Mayor
Steve McLean, Council Member
Matt Riebe, Council Member (via telecon)
Chad Simmons, Council Member
ABSENT: Robert Stimpson, Mayor
John Georgette, City Clerk
Staff Members:

Josh Nelson, City Attorney
Yvonne Kimball, City Manager
Susan Peters, City Planner
Debbie Mackey, Fire Chief
Chris Mynderup, Police Chief
Matt Ospital, City Engineer
Vice Mayor Gonsalves called the meeting to order at 7:01 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG.

Vice Mayor Gonsalves led the Pledge of Allegiance.

1. PROCLAMATION. This item was pulled and will be moved to February 14, 2022, meeting due to meeting conflict of Principal.

2. APPROVAL OF AGENDA.

Motion to approve the City Council Agenda dated January 24, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember Riebe, and carried by a 4 to 0 vote:

AYES: Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: Stimpson
ABSTAIN: None

3. REMOTE MEETING FINDINGS.

Motion to approve the Remote Findings dated January 24, 2022, as presented. Moved by Councilmember Simmons, and seconded by Councilmember Riebe and carried by a 4 to 0 vote:

AYES: Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: Stimpson
ABSTAIN: None
Item 4a1 Council Minutes - Jan. 24, 2022

Council Meeting Minutes – January 24, 2022 Page 2

4. PUBLIC MATTERS NOT ON THE AGENDA.

Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
• Paul Jones, Jackson resident, offered prayer.
• Rich Pember, Jackson resident, spoke in opposition on Mr. McDaniel’s encroachment permit request and propose that Council consider abandon easement behind properties along N. Main St. [surveyors map provided].
• Dave McDaniel, would like the city to grant him access and usage to the alleyway behind 980 & 1004 N. Main St. (Lots 39, 40, and 40A). The City owns the alleyway but the Oro de Amador fence is in the middle of the alleyway and is in need of repair. He is willing to move and repair the fence line to its original property line (approx. 200 ft of fence line).

5. CONSENT CALENDAR.

Items listed on the consent calendar are considered routine and may be enacted by one motion.

Any item may be removed for discussion at the request of a Council Member. a. Approval of Expenditure Report in the amount of $315,284.08. b. Receive Building Department Monthly Report for December 2021. c. Receive Quarterly Periodical Engineering Report (October-December 2021). d. Resolution No. 2022-01 – Lot Line Adjustment Jackson View Estate Lot 70/71. e. Resolution No. 2022-02 – Application Submittal for CalRecycle Grant and Payment Programs for which the City of Jackson is eligible.

Motion to approve the Consent Calendar dated January 24, 2022, as presented. Moved by Councilmember McLean, seconded by Councilmember Riebe, and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: Simmons (item 5d only)

6. ADMINISTRATIVE REPORTS.

This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.

Public Works, Bree Wilder
• Civic Center Roof: Police Department side is finished. Contractors will be back next week to begin on the siding. After the weather clears up, they’ll be back to start on the Civic Center roof.
• Polar Bears will begin using the pool on Wednesday. Waiting for the final details on the contract.

Council Meeting Minutes – January 24, 2022 Page 3
Police Chief, Chris Mynderup
• Attended N. California Peace Officers Luncheon at the American Legion. Sheriff Redman hosted and cohosted by all the Chiefs and Lieutenants.
• Due to being short-handed for several reasons, he put the uniform on and helped cover the beats for the past 3 weeks.

Fire Chief, Debbie Mackey
• Responded to a vehicle fire on 1/20 at Hwy 49/Argonaut Dr. • Apparatus Committee will be meeting this Sunday. Hoping to have a report for Council in late February with plans for the replacement of their apparatus. • Covid: they are continuing to cover for each other.
• Had a large fire over the weekend in Amador’s Fire jurisdiction. 6,000 sq ft home on Payne Rd and suffered extensive damage.
• Recruit Academy is scheduled to start in March.
• Dandelion Days – have a meeting tomorrow.
• JFD had their Appreciation Dinner for 2020 and 2021.
o 2020 Dave Gardello Award went to Dakota Roots
o 2020 Firefighter of the Year went to Battalion Chief Alex Sharp o 2021 Dave Gardello Award went to Caleb Wells
o 2021 Firefighter of the Year went to Frankie Digirolamo City Attorney, Josh Nelson – nothing to report.

City Manager, Yvonne Kimball – nothing to report.

7. COUNCIL REPORTS.

This section is to provide Council members an opportunity to present reports on their activities and to request item be placed on future agendas.

Council member McLean
• Attended ACTC meeting.
• Had a Zoom meeting with the Deputy Director of CalTrans about right of ways and how we can dress them up a bit and how we can make them more attractive when entering Main St. • Feb. 1 he and Yvonne Kimball have an appointment with Consultant for the Creek Walk and how we can get funding for that project.
• He has a Chamber Board Meeting this Friday.

Council member Riebe
• Attended the Cemetery Committee meeting; there is a Cemetery Clean Up Day on Saturday, February 12th at 10:00am. Needs all the manpower they can recruit. And reminded Council of the 100th Anniversary for the Argonaut Mine Disaster.

Council member Simmons
• Attended the Firefighters Appreciation Dinner, it was a nice dinner and enjoyed it.

Council Meeting Minutes – January 24, 2022 Page 4
• Missed last ACRA meeting.

Vice Mayor Gonsalves – does not have any committee reports but she’s working on the Car Show for May 21st.

8. DISCUSSION CALENDAR.

For the record: Action minutes provide the necessary documentation of City Council actions and audio recordings are retained for those desiring more detail on particular agenda item discussion.

These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussion.
a. Ordinance No. 722 amending Chapter 8.04 of the Municipal Code Relating to Solid Waste (in response to SB 1383 requiring measures to reduce organic waste) [recommendation: waive first hearing and direct to proceed with adoption hearing].

City Attorney Josh Nelson stated this was a follow-up to SB1383. It is related to the organic waste requirements. The state, under the new regulations, that CalRecycle has adopted that the food waste and other organic waste has traditionally gone into the garbage can. Now it needs to be diverted from the landfill. While the regulations permit agencies a couple different ways: The most common way is to put food waste into the green can so that it is composted and processed. Fortunately, the regulations do allow exemptions from that portion of the requirements for certain jurisdictions including those in rural counties. Amador County qualifies as a Rural County. It was in December, we had Council approve an exemption resolution that has been filed with CalRecycle. We are not subject to that portion of the regulations for 5 years.

John Duke from CalRecycle stated the explanation Josh provided was well said and perfectly stated.

He said our exemption was approved and we’re well on our way to moving forward with the requirements needed for Jackson.

CM McLean stated it sounded like an unfunded mandate scenario. Duke responded that each city/county within the state is eligible for a 1383 Grant. Applications are now being accepted, there is money out there to help with these efforts. City Attorney Nelson said this was on the consent calendar tonight allowing us to submit an application. Kimball added that the city is aware of the $20,000 grant and need to apply. Therefore, the Ordinance is brought before you in a timely manner. One of the requirements to be eligible for the grant is to have this Ordinance adopted by April 1st. Today is the first hearing and next meeting we will have the 2nd adoption hearing.

Kimball was concerned about the enforcement piece of the ordinance. She shared that manager’s in Amador County had a meeting regarding SB 1383 with John Duke and another CalRecycle representative. Hopefully the County will be the lead agency on this, and the Cities and the County can work jointly on this. Sounds like County Environmental Health will be taking on enforcement responsibilities.

VM Gonsalves said education is very important in this process. Just the education in itself needs to happen before enforcement. Duke said the County is aware of those requirements as well. Along with ACES who will be a good partner for us in these efforts as well.

Council Meeting Minutes – January 24, 2022 Page 5
VM opened for public comments. No comments, closed public comments.

Motion to approve Ordinance No. 722 Amending Chapter 8.04 of the Municipal Code relating to Solid Waste, January 24, 2022, as presented. Moved by Councilmember McLean, seconded by Councilmember Simmons, and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
b. Possible direction to financially support the Kids Afterschool Program in partnership with ACRA.

City Manager Kimball stated the new executive director for ACRA, Justin Howard, reached out to her about a successful after-school program that ran in Plymouth and wanted to know if the City of Jackson would be interested in running a program possibly out of the Scout Hut. The city has supported these types of programs before in the past without providing additional financial support other than providing a facility. This year ACRA is wondering if the City would put some money towards the program as ACRA does not have the budget to run this program. The Plymouth program spends approximately $18,000 per school year and would be a similar cost to Jackson. She thought this could be a good program. She suggested that if council is not ready for a full year commitment, which is not in the budget, we could try it for a few months and see how it works for us. Then City can budget for it accordingly.

Justin Howard stated there are a lot of benefits to the no-cost, low-cost after school programs. Since they have access to the Scout Hut and a need in Jackson, he approached Yvonne with a subsidized after school program. The Plymouth program is a good model of the benefits. The executive summary reflects the retention, and the programming is good. With this information, it helps mitigate a budget for labor costs, etc. and the community benefit of having an after-school program.

Council held discussions based around participant history, interests around Jackson, curriculum, student/staff ratio, program days/times, staffing, fees to parents.

Justin stated this would be truly a subsidized program, no cost to families, and a healthy snack.

The summer programs would be paid by the parents as it would be an all-day summer camp program for the kids.

VM Gonsalves opened for Public Comment.

Thornton Consolo, Jackson resident, stated his concerns about transportation and any communications with the schools. Justin answered there have not been any specific communication with the schools about bus stop. In past, he was told there would be staff to help get children to the program. This is something they would look into and how to safely work this out.

Council Meeting Minutes – January 24, 2022 Page 6
After no further comments, Public Comment was closed.

Kimball added that the cost would be approximately $6-7,000 (based on the Plymouth model).

ACRA plans to start the program in March after the spring break and run it through May.

Council would like to see the transportation issue worked out as well as scheduling for scout hut .

Council also wanted to make sure that there is no interference with the ELP program. Council would like to know what the ratio ends up being between city vs. county.

Council all agreed and provided direction to continue with the trial run of the program.

9. REGULAR MEETING ADJOURNMENT.

Mayor Stimpson adjourned the regular meeting at 8:05 p.m.

ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved

CITY OF JACKSON
City Council Meeting Minutes
February 14, 2022
Mayor and Council Members
Robert Stimpson, Mayor
Connie Gonsalves, Vice Mayor
Steve McLean, Council Member
Matt Riebe, Council Member
Chad Simmons, Council Member
ABSENT: None
John Georgette, City Clerk
Staff Members:

Josh Nelson, City Attorney
Yvonne Kimball, City Manager
Debbie Mackey, Fire Chief
Chris Mynderup, Police Chief
Matt Ospital, City Engineer
Mayor Stimpson called the meeting to order at 7:00 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG.

Mayor Stimpson led the Pledge of Allegiance.

1. PROCLAMATION. Item was pulled from the agenda and moved to next Council meeting on February 28th due to calendar conflict with the Argonaut High School Principal.

2. APPROVAL OF AGENDA.

Motion to approve the City Council Agenda dated February 14, 2022, as presented. Moved by Vice Mayor Gonsalves, seconded by Councilmember McLean, and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

3. REMOTE MEETING FINDINGS.

Motion to approve the Remote Findings dated February 14, 2022, as presented. Moved by Councilmember Simmons, and seconded by Councilmember Riebe and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

4. PUBLIC MATTERS NOT ON THE AGENDA.

Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.

Item 4a2 Council Minutes - Feb. 14, 2022

Council Meeting Minutes – February 14, 2022 Page 2
• Paul Jones offered prayer.
• Diane Oneto and John Queinolo announced there will be a Kit Carson Mountain Man Wagon Train event this year. Will run over 5 days, April 27-May 5. They are working the details and will submit a Special Event Permit Application soon. • Mark Oliveria asked couple questions. 1) He lives on Stasal and on Jan. 25 there was a sewer problem and wanted to know what the process was to have evaluated and amended.? 2) inquired on what happened at the Kennedy Mine fire.

5. CONSENT CALENDAR.

Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council Member. a. Approval of the Meeting Minutes for January 10, 2022. b. Approval of Expenditure Report in the amount of $217,918.81. c. Approval of Payroll Expenditure Report in the amount of $323,946.55. d. Receive Treasurer’s Report for December 2021.
e. Receive Building Department Monthly Report for January 2022. f. Receive Fire Department Monthly Report for January 2022. g. Receive Police Department Monthly Report for January 2022. h. Receive a report by the Chief of Jackson Fire Department regarding the inspection of certain occupancies required to have actual annual inspections performed pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code (SB1205). i. Possible authorization of the City Manager to execute a Letter of Authorization to allow Amador County as the Regional lead agency for the SB1383 grant.

Motion to approve the Consent Calendar dated February 14, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember Riebe, and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

6. ADMINISTRATIVE REPORTS.

This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.

Public Works, Bree Wilder
• Water Main break at Amador St., 4” steel line, going out for bid, Campbell Construction is in to help, water samples have been sent out, project out to bid for March 14.

Police Chief, Chris Mynderup
• Regarding the fire at the Kennedy Mines, they have 2 names and continuing their investigation.
• Reporting Use of Force, they had 0 incidents and only 1 complaint.

Council Meeting Minutes – February 14, 2022 Page 3
• JPD has a new officer, Tiffany Boling. She is in the final phase of field training, and she will be on her own as of March 1st.

CM McLean asked if Chief could provide the number of staff that interacts with the homeless incidents on future homeless reports. Chief said he provides information weekly to the City Manager.

Fire Chief, Debbie Mackey
• January calls were up from 2021. Station purchased new software and getting used to the new format for the monthly reports.
• JFD responded to a fire at the Kennedy Mines. Fire was in a toolshed from a burning barrel evidently started as a warming fire by the unhoused.
• JFD working on the apparatus inventory for the replacement of 4 engines. • Hook N Ladder is scheduled for Feb. 23rd.
• Recruit Academy is happening, they have 24 volunteers.

City Attorney, Josh Nelson updated Council that Governor Newsom’s mask mandate expires tomorrow.

City Manager, Yvonne Kimball
• Working on filling key positions:
o Planning Services: received 2 RFQ and will be interviewing both and will have more information for council at next meeting.
o Building Inspector: have 2 good prospects
o Pool Director: Martha Quinn cannot help this summer. Hoping to get a couple options next few weeks.

7. COUNCIL REPORTS.

This section is to provide Council members an opportunity to present reports on their activities and to request item be placed on future agendas.

Council member McLean
• Took a walking tour.
• Dandelion Days is coming up.
• Met with John Gedney re Creekwalk project, had presentation from CalTrans, possible funding coming, gave him a driving tour.

Council member Riebe
• Announced his resignation on Council effective tonight (2/14/22).

Council member Simmons
• Attended ACRA meeting via Zoom last week.
• Regarding the Pool Director, he talked to Julia Sierk, she’s willing to help but not take the position.

Council Meeting Minutes – February 14, 2022 Page 4
Vice Mayor Gonsalves
• Car Show is warming up; currently have 100 applicants hoping to grow to 200.

Mayor Stimpson
• Attended Air District Meeting, discussion regarding clean air vehicles. • Met with Supervisor Pat Crew regarding the Parking Lot at the Library, discussions regarding joint venture.

8. DISCUSSION CALENDAR.

For the record: Action minutes provide the necessary documentation of City Council actions and audio recordings are retained for those desiring more detail on particular agenda item discussion. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussion.
a. Receive and accept FY 20/21 Audit Report [reports are provided separately and available on website and city hall].

Carrie Schroeder, Smith & Newell CPAs, provided FY20/21 Audit Report.

Council accepted favorable audit.
b. Resolution No. 2022-03 Approving ACTC Regional Traffic Mitigation Fee Annual Report.

City Manager Kimball reviewed ACTC’s FY20/21 RTMF Annual Report as provided in the packet.

Kimball pointed out Attachment A, Jackson only had one (1) project. Both Ione and Plymouth have more homes than Jackson.

Mayor Stimpson opened for Public Comment.

Dalacie Blakenship, COJ Finance Manager, pointed a small error on ACTC’s report; page 3, last paragraph, first sentence reading “funding from the Sutter Street Extension” should be “funding from Wicklow Way Extension” (Wicklow Way is in Martell, Amador County).

Mayor Stimpson closed Public Comment.

Motion to approve Resolution No. 2022-03 Approving the FY20/21 Resolution RTMF Program Annual Report and Funding Options for FY21/22, February 14, 2022, as presented. Moved by Councilmember McLean, seconded by Councilmember Simmons, and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

Council Meeting Minutes – February 14, 2022 Page 5
c. Kennedy Mine TOT funding request of $5,000 for the Argonaut Mine Disaster Centennial Commemoration event.

City Manager Kimball stated this is a TOT funding request submitted by Linda Gonzales, Kennedy Mine Foundation. In the absence of Ms. Gonzales, Keith Davis, former Member of the Kennedy Mine Foundation and Cemetery Committee Chairman explained the upcoming Centennial Commemoration that will take place from August 27 – September 24, 2022. Mr. Davis reminded Council and participants that this was the worst mining disaster, losing 100 miners trapped and killed by the fire in the mine. There were over 60 journalists covering this story then. It was big news then.

He also reminded everyone this is going to be a huge event and wants the City to be prepared for it.

People will be staying the weekend in Jackson hotels, going to our restaurants. Attending will be relatives of first responders, people from out-of-state and country (including people from Serbia), radio and tv coverage. Some of the events happening will be the Jackson High School band will be playing, school kids will be doing a play, there will be a re-enactment, several church bells will be ringing throughout Jackson. Several organizations are getting involved. As chair of the Cemetery Committee, Davis is working on getting the Jackson Pioneer Cemetery cleaned up and fixing the deteriorating gravesites presentable for this event.

In support of the Jackson and Amador County mining heritage and success of the commemoration, the Kennedy Mine Foundation is requesting a $5,000.

The entire Council agreed this was appropriate use of funds.

Motion to approve the Kennedy Mine Foundation funding request of $5,000, February 14, 2022, as presented. Moved by Vice Mayor Gonsalves, seconded by Councilmember Simmons, and carried by a 5 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Riebe, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
d. Possible direction to partially use the middle office unit at city hall for the Outreach Coordinator activities.

City Manage Kimball explained that the middle unit office of the office suites was originally going to be occupied by Council, but it was brought to her attention that Christine Platt, Homeless Outreach Coordinator needed an office.

Council asked the reasons for why the Homeless Outreach Coordinator needed an office. Christine explained that one, this was a pilot program and first to do this job. She often meets with the homeless individuals and often with a police officer, she offers space for homeless to use a computer to look for jobs, she also needs space to store the Shower supplies (towels, soaps, etc.) and she has a lot of Zoom meetings and needs space to spread out instead of working out of her car. She is in/out of the office and out in the field.

Council Meeting Minutes – February 14, 2022 Page 6
CM McLean stated he needs filing space and an office to meet with people and maybe that the office could be shared.

Kimball offered to make a calendar to coordinate schedules for the Council and Christine to share the office.

Mayor Stimpson opened for Public Comment. After none, he brought back to Council.

Due to oversight of the Homeless Outreach Report on the Agenda, Council allowed Christine to provide her update.

Christine continues to work with the homeless.
• Assisted a stranded woman and replaced her out of county. • 2 people reached out for help with employment.
• Helped take a person to rehab.
• Checked out the fire location at the Kennedy Mines. She hiked all over the area and found no current encampments, only signs of old camps.

Christine explained, it is hard being homeless. Difficult story here, she was helping an unhoused 74- year-old woman, took her twice to the hospital for help. Twice released, took her to a hotel. While she was trying to help and go through the tedious process of making calls to different agencies and filling out paperwork for her, come to find out the woman died in her hotel room. The woman simply gave up.

Granted she had a hard life, but the lady deserved help. Christine was one (1) document away from permanent housing which was already secured and ready after the las form.

Housing remains a huge problem here in Jackson. High rents, very few rentals, even renting a “room” starts at $700. The homeless population does not have that kind of money.

VM Gonsalves asked if there were any programs out to get the camps cleaned out. Christine answered there is Foothill Conservancy, they clean up the watersheds and will be assisting cleaning out the encampment at the Mission Bridge.

Christine stated she knows 90% of the homeless community, very seldom is there someone from out of the area. If so, she helps get them relocated quickly. Reminded us that there are a lot of people still homeless from the Butte fire.

VM Gonsalves stated she works in Amador County and see new faces daily/weekly up by where she works. There have been times they had to be escorted to their cars. She heard that ATCAA bought a house on Water St and plan to make it “A Place Like Home”.

Mayor Stimpson opened for Public Comment.

Dave McDaniel, Jackson resident, spoke on the homeless issues he came across here in Jackson.

Mark Oliveria, Jackson resident, spoke on the homeless and see’s new people every day. He feels we are enabling them and feels we should harass them out of town.

On that note, Mayor Stimpson closed Public Comment and ended the Council meeting.

Council Meeting Minutes – February 14, 2022 Page 7

9. REGULAR MEETING ADJOURNMENT.

Mayor Stimpson adjourned the regular meeting at 9:22 p.m.

10. CLOSED MEETING ADJOURNMENT.

Closed session adjourned at 10:00 pm.

ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved

CITY OF JACKSON
City Council Meeting Minutes
February 28, 2022
Mayor and Council Members
Robert Stimpson, Mayor
Connie Gonsalves, Vice Mayor
Steve McLean, Council Member
Chad Simmons, Council Member
ABSENT:

John Georgette, City Clerk
Staff Members:

Josh Nelson, City Attorney
Yvonne Kimball, City Manager
Dale Fishback, Interim Fire Chief
Chris Mynderup, Police Chief
Matt Ospital, City Engineer
Mayor Stimpson called the meeting to order at 7:02 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG.

Mayor Stimpson led the Pledge of Allegiance.

1. APPROVAL OF AGENDA.

Motion to approve the City Council Agenda dated February 28, 2022, as presented. Moved by Vice Mayor Gonsalves, seconded by Councilmember McLean, and carried by a 4 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

2. REMOTE MEETING FINDINGS.

Motion to approve the Remote Findings dated February 28, 2022, as presented. Moved by Vice Mayor Gonsalves, and seconded by Councilmember Simmons and carried by a 4 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

3. 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.

None.

Item 4a3 Council Minutes - Feb. 28, 2022

Council Meeting Minutes – February 28, 2022 Page 2

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.

Motion to approve the Consent Calendar dated February 28, 2022, as presented. Moved by Councilmember McLean, seconded by Councilmember Simmons, and carried by a 4 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None

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.

Public Works, Bree Wilder
• Amador St. Waterline Replacement – RFQ went out to bid. Opening bids on March 8th. • Crews are cleaning up the piles of leaves left from the Cemetery Clean-up Day.

Police Chief, Chris Mynderup
• Has a few Special Event Applications that will be coming through for next meeting; 49er Days, Operation Care – Color Run, Buns to Beaker Run (prior to Dandelion Days).

Interim Fire Chief, Dale Fishback
• Jackson Fire Recruit Academy begins 1st Saturday in March through June. (7 applications from Jackson).
• Gearing up for Dandelion Days.

6. COUNCIL REPORTS.

This section is to provide Council members an opportunity to present reports on their activities and to request item be placed on future agendas.

Council member McLean
• Nothing to report.

Council member Simmons
• Nothing to report.

Council Meeting Minutes – February 28, 2022 Page 3
Vice Mayor Gonsalves
• Attended Amador Tourism Mixer at the National Hotel.
• AFPA cancelled their meeting.

Mayor Stimpson
• Nothing to report.

7. DISCUSSION CALENDAR.

For the record: Action minutes provide the necessary documentation of City Council actions and audio recordings are retained for those desiring more detail on particular agenda item discussion.

These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussion.
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.

City Manager Yvonne Kimball recapped our City Planner of 26 years had resigned therefore the City submitted an RFQ this summer, receiving 2 applications: CSG and Interwest. CSG is a qualified firm. Interwest is a reputable firm. After talking to each firm, staff would like to offer agreement to CSG keep Interwest as a backup as we can only have one (1) firm.

Kimball introduced Farhad Mortazavi from CSG (via Zoom). Farhad provided his background and professional services that he can provide to the City.

Mayor Stimpson opened for Public Comment. After none, closed Public Comment.

Motion to approve Resolution No. 2022-05 Authorizing City Manager to enter into Planning Consultant Contract with CSG, February 28, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember McLean, and carried by a 4 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
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.

City Manager Kimball provided overview on the first (1st) reading of Ordinance No. 723 basically explaining the three (3) components. 1) replace terms for vice mayor, 2) Amending Sections relating to Abandoned Vehicles giving County permission to provide vehicle code enforcement authority, and 3) amending sections to update lot line adjustment language.

Mayor Stimpson opened for Public Comment.

Council Meeting Minutes – February 28, 2022 Page 4
Michelle Gallaher, Amador County Code Enforcement, introduced herself and asked if anyone had and any questions.

Mayor Stimpson closed public comment.

Motion to approve the 1st Readying of Ordinance No. 723 Amending Sections of the Municipal Code, February 28, 2022, as presented. Moved by Councilmember Simmons, seconded by Councilmember McLean, and carried by a 4 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
c. 2nd 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].

City Manager Kimball reminded council this was the second reading of Ordinance No. 722 required by the State and is ready to be adopted.

Mayor Stimpson opened for public comment. After none, closed public comment.

Motion to approve the 2nd Reading of Ordinance No. 722 Amending Chapter 8.04 of the Municipal Code Relating to Solid Waste (SB1383), February 28, 2022, as presented. Moved by Vice Mayor Gonsalves, seconded by Councilmember McLean, and carried by a 4 to 0 vote:

AYES: Stimpson, Gonsalves, McLean, Simmons
NOES: None
ABSENT: None
ABSTAIN: None
d. Brights Addition Alley Way discussion and possible action on how to proceed.

Mayor Stimpson asked City Manager Kimball to give an overview. Kimball said this was brought to city’s attention in January when property owner McDaniel proposed to repair fences located in the alleyway. By repairing the fence, Mr. McDaniel proposed to remove the fence that located in the middle of the alleyway so that the alleyway can be accessible to traffic. The alleyway abutts the Oro de Amador property which city leases out for cattle grazing. Another owner, Mr. Pember approached the city and opposed to McDaniel’s proposal. Mr. Pember wanted the alleyway to stay inaccessible or be abandoned by the city. Mayor opened public hearing.

Mr. McDaniel said he owned lot 40A, 40 and 39 (depicted in the record of survey which was part of the packet) and his parents used to own them. He indicated that those properties have been in his

Council Meeting Minutes – February 28, 2022 Page 5
family for more than 40 years. He then clarified a few things in the City Manager’s memo. He said the city was maintaining the alleyway on an as-needed basis (instead of “the alleyway has not been actively maintained by the city” in the memo). He asserted that the alleyway was only blocked halfway through by a fence, not “inaccessible” as stated in Kimball’s memo. McDaniel emphasized that per the parcel document the city owns the alley, and the purpose of the alley is to be used for egress and ingress. He then attempted to point out discrepancies in Mr. Pember’s letter to council and stated his objections to Pember’s proposal regarding abandonment and keeping the alleyway inaccessible. Mr. McDaniel added that one of the lots he owned would have been land-locked if the accessibility of the alleyway were to remain the way it is.

Mr. Pember, 936 N. Main (lots 35 &36) spoke and gave his objection to opening up the alleyway citing the cost to maintain and improving the alleyway, potential traffic impact, safety of the neighborhood, and potential fire danger due to traffic. He told council that there were four property owners on the alleyway did not want the alley to be open.

Lisa Doudy said that she lived there for 40 years. Her father used to own the property. She pointed out that there is a drainage pipe in the alleyway behind her property. Although she can understand the concern for more traffic, she was more worried about overgrown weeds and the potential fire danger. She concluded that if the city goes with McDaniel’s proposal, there should be a sign indicating dead-end. She would be ok with the opening of the alleyway to the public.

Mike Boitano spoke in favor of McDaniel’s proposal.

Trevor Banner spoke in favor of McDaniel’s proposal.

Rich Pember returned to the podium and contended that some speakers do not live in the neighborhood. He also pointed out that McDaniel has been encroaching the city’s Oro property by fencing in the alleyway and driving his equipment through it.

McDaniel responded that the gate by his property is not locked. The fence was there to keep the cattle coming out and running through the neighborhood onto Jackson Gate Rd. McDaniel also asked the City Manager whether the owners can build on the extra land if the city abandon it and give it to adjacent owners. Manager Kimball said once the properties are merged, yes, the additional piece can be used to expand the current property.

Mayor asked what council thinks. VM Gonsalves asked Public Works Superintendent Bree Wilder whether the city has been maintaining the alley. Wilder said the city sent the creek crew there to clear the brush in the past. VM Gonsalves asked Fire Chief Fishback whether another access road would be good to have. Fishback said he lived here all his life, and this is the first time he heard about the alleyway. He responded that a secondary way would be helpful, but the alleyway’s deadend situation is not ideal for firetruck and firefighting personnel.

Mayor Stimpson asked the City Engineer’s input. Matt Ospital said he is not the fence profession and does not know how to recommend. To opening up the alleyway, he is concerned about the liability of on-going maintenance. Mayor Stimpson asked the City Attorney. Attorney Nelson said that he too worried about maintenance responsibilities; but to abandon the alleyway, he felt that it

Council Meeting Minutes – February 28, 2022 Page 6
would require additional legal work to verify the alleyway’s ownership title and clear of easement restrictions. Since the subdivision was established in the 1800’s, it would require a lot of research.

Mayor opened up to public comments again.

Sheila Pember said she wants the council to follow process instead of allowing McDaniel to do the work if the council wants to consider opening up the alleyway.

Bob Ferry spoke in favor of McDaniel’s proposal and encourage the city open up the alleyway and put the fences where they belong.

Thornton Consolo spoke in favor of McDaniel’s proposal.

VM Gonsalves said it appears that the city should have made the alleyway accessible long time ago.

She also felt that it’s a safety concern to keep the alley open. She said she would be ok to open it up, but not improve the alleyway to the city’s normal street standards.

Mayor Stimpson said he needs to look into this and talk to the city engineer and city attorney before making a decision. He told the audience that this will be kept the way it is now. e. Direction to proceed with necessary process to fill council seat vacated by former CM Riebe.

City Manager Kimball turned this item to City Attorney Josh Nelson to address. Basically, the city has two (2) options to fill the vacancy as provided in the packet.

Council discussed options and felt calling for an election would be too costly.

Kimball did explain, in preparation for first option, staff placed a Vacancy Ad in the Ledger, and on the City website, with a deadline of March 7th and can bring any applicants forward at the March 14th meeting. It is up to the Council for direction.

Mayor Stimpson opened for public comment.

Thornton Consolo, Jackson resident, portrayed that this is an important decision. However, we have a great person on the Planning Commission ready to make that step.

Mayor Stimpson closed public comment.

Council’s direction was to proceed with option one (1) and that will be to appoint an applicant to serve remaining of the year through December 2022 with the remaining 2 years of the term will be from the election this Fall.

8. REGULAR MEETING ADJOURNMENT.

Mayor Stimpson adjourned the regular meeting at 8:35 p.m.

Council Meeting Minutes – February 28, 2022 Page 7
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved

Item 4b Expenditure Report

Item 4c Payroll Expenditure Report

Item 4d Treasurer's Report

BUILDING REPORT DATA – FEBRUARY 2022 Ryan Peters, Building Department TOTAL PERMITS: 24
TOTAL CONSTRUCTION COST:   $ 355,010.00
TOTAL FEES COLLECTED: $ 12,223.87
PERMITS CONSTRUCTION COST   FEES TO BE COLLECTED
BUILDINGS:

NEW SFD: (0)
ACCESSORY: (0)
NEW COM: (0)
ADDITION: (0)
DECK:   (0)
DEMOLITION:   (1) $ 10,000.00 $ 154.30
ELECTRICAL:   (1) $ 1,200.00 $ 182.50
ENCROACHMENT: (2) $ 7,000.00 $ 695.00
FIRE PROTECTION: (0)
GRADING: (1) $ 15,000.00 $ 682.45
MECHANICAL:   (3) $ 34,528.00 $ 1,032.98
MISCELLANEOUS: (0)
PATIO COVER:   (0)
PLUMBING:   (1) $ 3,400.00 $ 116.50
REMODEL: (1) $ 10,000.00 $ 455.30
REROOF: (2) $ 21,000.00 $ 628.43
ROAD/DRIVEWAY (1) $ 4,800.00 $ 290.00
SIGN:   (0)
SOLAR:   (8) $ 144,582.00 $ 4,520.30
SWIMMING POOL: (1) $ 79,500.00 $ 2,490.49
TENANT IMP:   (2) $ 24,000.00 $ 975.62
WINDOWS:   (0)
The Building Department processed 24 total permits in February.

ATTACHMENTS ‐ FEBRUARY 2022 Building Permit Log

Item 4e Building Report
Permit # Permit Date Description Parcel # Parcel
Address
Project Cost Total Fees
9224 2/28/2022 Demolition 020-200-006-
000
631 COURT
ST A
10,000 $154.30
10,000 $154.30
9222 2/23/2022 Electrical
Service
Upgrade
20-352-004-
00 231 KERN
STREET
1,200 $182.50
1,200 $182.50
9212 2/7/2022 TCP For Work
On Shoulders
7,000 $280.00
9207 2/4/2022 PGE to
excavate 4x4
bellhole to
repair gas
leak, cctv
pre/post
inspection
may take
place,
Restoration to
follow -
Approx 3 days
of work
0 $415.00
7,000 $695.00
9206 2/4/2022 GRADING/EXC
AVATION:

GRADING,

FIRE HAZARD

MITIGATION,
Tunnel Hill
Driveway
Extension,
Venhuizen
Project, 2022
- SEE DOCS

ATTACHED TO
FILE
20-420-031-
00 P.O. BOX
2183
15,000 $682.45
15,000 $682.45
Group Total: 1
Group: Mechanical
Group Total: 2
Group: Grading/Excavation
Grading/Excav
ation
Group Total: 1
Group: Encroachment
Encroachment
Encroachment
Demolition
Group Total: 1
Group: Electrical
Electrical
Permit Report
2/1/2022 - 2/28/2022
Permit Type
Group: Demolition
Page: 1 of 5

9220 2/17/2022 Install 4 ton

14.5 Seer
80% 80K BTU
NG Split
System
(Grounding/At
tic)
20-221-015-
00 227

MOUNTAIN

VIEW DRIVE
16,101 $481.29
9218 2/15/2022 Install 2 ton
14 Seer 80%
60K BTU NG
Roof Package
Unit
20-162-004-
00 208 Rex
Avenue
13,150 $393.27
9204 2/4/2022 Replacement
AC condenser
and
evaporator
coil Seer 14
20-580-015-
00 969

PONDEROSA
STREET
5,277 $158.42
34,528 $1,032.98
9213 2/10/2022 Replace water
heater
20-381-011-
00 555 STATE
HIGHWAY 49
3,400 $116.50
3,400 $116.50
9211 2/4/2022 REMODEL:

Remodel
Existing
Garage on
Same
Footprint,
Improvements
to Perimeter
Footing and
Slab
20-351-004-
00 235

BOARMAN
STREET
10,000 $455.30
10,000 $455.30
9221 2/23/2022 Remove
existing comp
roof & install
new comp
shingle roof
44-075-014-
00 10356

ARGONAUT
DRIVE
15,000 $448.45
9219 2/15/2022 Tear-off roof
go back with
new comp
044-190-009-
000
541 Hoffman
Street
6,000 $179.98
21,000 $628.43
Group: Road/Driveway
Group: Reroof
Reroof
Reroof
Group Total: 2
Group Total: 1
Group: Remodel
Remodel
Group Total: 1
Group Total: 3
Group: Plumbing
Plumbing
Mechanical
Mechanical
Mechanical
Page: 2 of 5

9205 2/4/2022 Extend
Driveway Up
To Alpine
Street
20-570-018 845 ALPINE
STREET
4,800 $290.00
4,800 $290.00
9225 2/28/2022 Residential PV
solar rooftop:

3.905 kW, 11
modules, 1
inverter,
derate
44-440-032-
00 10554

RIDGECREST
DRIVE
14,575 $503.64
9223 2/24/2022 Add/install a
new 2.6
kWDC PG&E
grid tied
Photovotlaic
System, Roof
mounted
replace
existing 3800
w inv w new
5000w inv
044-372-023 307 TERRACE

VIEW CIRCLE
10,000 $569.05
9217 2/15/2022 Install 4.68
kW solar
panels (13
panels) -
rooftop
20-560-022-
00 726 Kristi
Court
15,275 $647.49
9215 2/14/2022 Residential PV
solar rooftop:

6.035 kW, 17
modules, 1
inverter
44-380-012-
00 110 ARROYO
PLACE
27,759 $535.11
9214 2/11/2022 Residential PV
solar rooftop:

3.55 kW, 10
modules, 1
inverter,
derate, new
125 AMP sub
panel
20-361-006-
00 250

ENDICOTT
AVE.
11,735 $704.53
9210 2/4/2022 SOLAR: RoofMounted Solar
PV System,

2.84 kW, 8
MODULES, 1

INVERTER,

EXISTING
200A Main
Service Panel
44-351-014-
00 133 TERRY
PLACE
Solar 11,605 $496.51
Solar
Solar
Solar
Solar
Solar
Road/Drivewa
y
Group Total: 1
Group: Solar
Page: 3 of 5

9209 2/4/2022 SOLAR: RoofMounted Solar
PV System,

14.1 kW, 44
MODULES, 44
MICROINVERTER,

EXISTING
200A Main
Service Panel
20-214-010-
00 233 PINE
STREET
40,000 $567.20
9208 2/4/2022 SOLAR: RoofMounted Solar
PV System,

3.905 kW, 11
MODULES, 1

INVERTER,

EXISTING
125A Main
Service Panel
20-530-031-
01 605 MILL
PLACE
13,633 $496.77
144,582 $4,520.30
9226 2/28/2022 Construct inground gunite
swimming
pool
20-451-010-
00 75 FRONTIER
DRIVE
79,500 $2,490.49
79,500 $2,490.49
9216 2/14/2022 Remove
existing
deteriorating
deck - build
new deck
slightly bigger
20-332-016-
00 111 GORDON
PLACE
14,000 $579.62
9203 2/3/2022 TENANT

IMPROVEMEN
T:

Modifications
to Existing
Apartments,
Includes
Bathroom and
Kitchen
Facilities,
Partition
Walls, and
Windows. No
Added Sq. Ft.
20-410-006-
00 1001

BROADWAY
10,000 $396.00
24,000 $975.62
Tenant
Improvement
Tenant
Improvement
Group: Swimming Pool
Swimming
Pool
Group Total: 1
Group: Tenant Improvement
Solar
Solar
Group Total: 8
Page: 4 of 5

355,010 $12,223.87
Total Records: 24 3/4/2022
Group Total: 2
Page: 5 of 5

Jackson Police Department
To: Honorable Mayor and Members of City Council
From: Chris Mynderup, Chief of Police
Subject: Monthly Activity Report – February 2022
Date: March 10, 2022
Total Number of Incidents 718
Calls for Service 249
Officer Initiated Incidents 469
Police Reports 55
Arrests 15 (12 Misdemeanor, 3 Felony)
Traffic Collisions 9 (5 non-injury, 3 hit & run, 1 minor-injury) Assault & Battery 3
Disturbance of the Peace 23
Public Intoxication 1
Driving Under the Influence 2
Child Abuse Investigations 3
Elder Abuse Investigations 0
Sexual Crimes 0
Missing Persons 0
Domestic Incidents 4 (2 arrests)
Coroner’s Case 0
Mental Health Detention 4
Burglary 0

Item 4f JPD Monthly Report
Robbery 0
Grand/Petty Theft 5
Vandalism 2
Vehicle Theft 0
Arson 1
Traffic Stops 122 (37 citations: 36 infractions 1 misdemeanor) Warrant Cites/Arrests 6
Security Checks 317
School Related Calls 3
Transient related contacts 41
Total Incidents Year to Date: 1444
Total Calls for Service YTD: 513
Total Officer Initiated YTD: 931
Comparison to 2021
Total Incidents for January 2021 817
Total Calls for Service January 2021 257
Total Officer Initiated January 2021 560
Total YTD Incidents up to January 2021 1832
Total YTD Calls for Service up to January 2021 539
Total YTD Officer Initiated up to January 2021 1293

Item 4g Car Show 2022

Item 4h Color Madness 5K Fun Run

TO:

FROM:

RE:

DATE:

Background

CITY OF JACKSON

MEMORANDUM
Yvonne Kimball, City Manager
Roark Weber, Associate Cit
Lot Line Adjustment
Lot 37 as shown on Record of Survey 66M88
Lot 37 of Pine Meadows Final Subdivision Map No. 55
1695 Tunnel Hill Drive
March 10, 2022 for March 14 Council Meeting
Items_4i & 4j)
This, and other adjustments within this subdivision, have been ongoing for years to relocate lot lines consistent with City setback requirements. The City had allowed homes to be constructed in this subdivision, Pine Meadows, before the final map was recorded.

This circumstance led to home construction inconsistent with lot lines of the final map.

Correction of this condition was proposed in 2010 with PM 2664 which was never completed.

Title company's legal council began several months ago, in an effort to correct the boundaries, by recording Record of Survey (66M88) which as recorded in June of 2021 and identified existing and adjusted boundaries.

The conditions noted have been known for some time and this lot line adjustment request and other to follow have a common and single purpose, to bring lot lines into conformance with City yard setback requirements.

This particular adjustment of Lot 37 only involves 43 S.F. of that Lot 37 and 75 S.F. "Tunnel Hill Drive", formally "Elderberry Way", please see attached exhibit. The location of existing and adjusted lot line is set forth on 66M88, and the attached exhibit. Research Item 4i Resolution No. 2022-06

NOTE: Memo is for both Item 4i and 4j

2017
Boundary Line Adjustment
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BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Jim Quaschnick, Executor of the Susan R. Keenan Estate
1695 Tunnel Hill Drive, Jackson, CA 95642
310-413-5688 [email protected]
Anya Ready, Esq. for First American Title Insurance Company 5872 Owens Avenue, Suite 200 Carlsbad, CA 92008
858-587-1800 Ext. 132 [email protected]
044-460-022
1695 Tunnel Hill Drive, Jackson, CA 95642
Deed recorded 6/19/2006 Doc No. 2006-0007071-00
Cross Street - Scottsville Drive
Boundary Line Adjustment with City owned parcel
SFR and parking lot
No
No
No

2017
Boundary Line Adjustment
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Anya Ready, Esq. for First American Title Insurance Co. 3/10/2022

Resolution No. 2022-06
A Resolution of the City Council of the City of Jackson Accepting Offers of Dedication for Portions of
Pine Meadows Subdivision
WHEREAS, Pine Meadows Partners, Inc., and Homesource Development, both California Corporations, as owners, irrevocably offered for dedication to the City of Jackson the following described property as set forth on Final Subdivision Map No. 55, Pine Meadows recorded August 23, 2004, recorded in Book 8 of Subdivision Maps at Page 16 of Amador County Records for Public Use:

A public road over each and every part of Elderberry Way as set forth on that Subdivision Map No. 55; and
WHEREAS, said offers are for the purpose of public utility easements, public facility easements, and other municipal purposes as set forth on said map; WHEREAS, the City of Jackson, County of Amador, State of California has and continues public use of the above-described road for road and utility purposes; WHEREAS, the City Council of the City of Jackson, County of Amador, State of California acknowledges Elderberry Lane was previously renamed Tunnel Hill Road.

NOW, THEREFORE BE IT RESOLVED the City Council of the City of Jackson, County of Amador, State of California accepts by this Resolution No. 2022-06 all offers of dedication for Elderberry Lane set forth on that Final Subdivision Map No. 55.

The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 14th day of March 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF JACKSON
______________________________________
Robert Stimpson, Mayor
ATTEST:
____________________________________
John Georgette, City Clerk

Resolution No. 2022-07
A Resolution of the City Council of the City of Jackson Approving Lot Line Adjustment of
APN 044-460-022 (1695 Tunnel Hill Dr.)
WHEREAS, James Quaschnick, executor of the Susan R Keenan Estate has applied for Lot Line Adjustment for property located at 1695 Tunnel Hill Dr. Jackson (Lot 37 of Pine Meadows Subdivision, APN 044-460-022) pursuant to Section 17.86.030 of the City Code that will adjust lot line adjoining Tunnel Hill Drive formerly known as Elderberry Way (shown in Exhibit); and
WHEREAS, application for the lot line adjustment has been processed in accordance with Chapter 17.86 of the City Code and reviewed by the City Planner and City Engineer and found to be in compliance with the provisions of State Law and City Code; and WHEREAS, lot line adjustments are categorically exempt in accordance with Section 15305 of the California Code of Regulations, Title 14, Chapter 3; and WHEREAS, the findings required by Section 17.86.050B of the Jackson City Code are hereby made.

WHEREAS, Tunnel Hill Drive, formerly known as Elderberry Lane dedication, was accepted by City of Jackson by City Council Resolution 2022-06.

NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Jackson does hereby approve Lot Line Adjustment (APN 044-460-022) for the Susan R Keenan Estate and authorizes the processing and recording of documents completing the adjustment in accordance with Section 17.86.070 of the City Code.

BE IT FURTHER RESOLVED, adjusted Area A dedication forty-three square feet (43 SF) to the City is hereby accepted subject to recording of deeds approved by the City Engineer; and
BE IT FURTHER RESOLVED, City Clerk is hereby authorized to execute deed, approved by City Engineer, transferring adjusted Area B, seventy-five square feet (75 SF) to the Susan B Keenan Estate.

The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 14th day of March 2022, by the following vote:

Resolution No. 2022-07 Page 2
Approving Lot Line Adjustment of
APN 044-460-022 (1695 Tunnel Hill Dr.)
AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF JACKSON
_________________________________
Robert Stimpson, Mayor
ATTEST:
____________________________________
John Georgette, City Clerk

Item 4k Kit Carson Mountain Men Day
of 49 Wagon Train Parade

Item 4l Fire Department Report

City of Jackson
Council Meeting Memorandum
Monday, March 14, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Josh Nelson, City Attorney
Date: March 10, 2022
Agenda Item #7b: Possible Interview and Appointment of the Council Vacancy

DISCUSSION
At the February 28 council meeting, City Council discussed available options to fill the vacancy created by the resignation of former Council Member Riebe. City Council decided to fill the vacancy by a council appointment. The appointee will fill the unexpired vacancy until December 2022.

The vacancy was advertised for over two weeks. We received two applications. Applications are enclosed. To serve on the City Council, one must live within the city limits and be a registered voter.

Council can choose to appoint one of the applicants at this meeting by a legal action. Alternatively, Council can decide to extend the application period for additional applicants. Council can also decide to hold a special election (although this is not recommended as the process is the most complicated).

Enclosures:
-Applications

Item 7b Council Vacancy

To:

From:

Date:

Subject:

CITY OF JACKSON
City Council Memorandum
Honorable Mayor and Members of the City Council
Matt Ospital, City Engineer Vil �0; Yvonne Kimball, City Manager March 8, 2022
Amador Street Waterline Replacement Project
Background
Amador street area has some of the lowest water pressure in town (35-4 0 psi). Over the last ten years, the water department has repaired many leaks/breaks. The waterline is in need of upgrade. The City of Jackson received three bids for the projecrt as follows:

Contractor Bid Amount
Campbell Construction General Engineering, Inc. $178,696 Wunschel & Sons, Inc. $229,431
Cole Tiscomia Construction $289,910
The City Engineer's office has reviewed all three bid packages and found no discrepancies. The project has been budgeted under the FY 21/22 Water Fund's Capital Improvement Project budget.

Budget amount was $220,000.

Recommendation
Based upon the attached bid summary, I hereby recommend City of Jackson award the contract to the low bidder, Campbell Construction General Engineering, Inc. for the bid amount of$178,696.

Attachments: Bid Summary; Project Loccation Map
This project consists of replacing ~600lf of 60+ year old 4" Steel main and 14 galvenized steel services. The project replaces this existing main with 8" C900 w/ 1" CTS poly services, adding an inline mainline valve, and adding 1 steamer fire hydants. This Project will require two tie ins with existing mains on Pioneer st. and on the Southern portion of Amador St.

Item 7c Amador St Waterline project
ITEM DESCRIPTION UNITS QTY $/UNIT TOTAL $/UNIT TOTAL $/UNIT TOTAL $/UNIT TOTAL 1 Locate & Protect Existing Utilities LS 1 $6,000.00 $6,000.00 $4,500.00 $4,500.00 $18,762.25 $18,762.25 $10,200.00 $10,200.00 2 Traffic Control LS 1 $6,000.00 $6,000.00 $8,200.00 $8,200.00 $1,000.00 $1,000.00 $20,400.00 $20,400.00 3 Sheeting, Shoring, & Bracing LS 1 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $250.00 $250.00 $8,400.00 $8,400.00 4 8" Diameter PVC C900 (DR18) Waterline LF 588 $140.00 $82,320.00 $156.00 $91,728.00 $176.16 $103,582.08 $203.00 $119,364.00 5 Connection to Existing Water Main EA 3 $3,500.00 $10,500.00 $3,500.00 $10,500.00 $7,589.62 $22,768.86 $7,145.00 $21,435.00 6 8" Diameter Gate Valve EA 2 $6,000.00 $12,000.00 $3,800.00 $7,600.00 $2,070.00 $4,140.00 $3,180.00 $6,360.00 7 1" Diameter Water Service LF 408 $100.00 $40,800.00 $86.00 $35,088.00 $118.52 $48,356.16 $135.00 $55,080.00 8 Connection to Existing Water Meter EA 13 $1,000.00 $13,000.00 $420.00 $5,460.00 $552.00 $7,176.00 $2,095.00 $27,235.00 9 Fire Hydrant EA 1 $7,500.00 $7,500.00 $7,600.00 $7,600.00 $12,073.85 $12,073.85 $9,417.00 $9,417.00 10 Connection to Existing Fire Hydrant EA 1 $2,500.00 $2,500.00 $920.00 $920.00 $7,998.30 $7,998.30 $4,219.00 $4,219.00 11 Testing & Disinfection LS 1 $5,000.00 $5,000.00 $2,600.00 $2,600.00 $3,323.50 $3,323.50 $7,800.00 $7,800.00 $189,120.00 $178,696.00 $229,431.00 $289,910.00

CITY OF JACKSON

AMADOR STREET WATERLINE REPLACEMENT PROJECT

BID SUMMARY
BID OPENING: MARCH 8, 2022 at 10:00 A.M.

CAMPBELL CONSTRUCTION WUNSCHEL & SONS, INC. COLE TISCORNIA ENGINEER'S ESTIMATE

Water Map
Water System
JacksonHydrant
Valves
Type_Hyd
Arv
Blow_off
WATER_LINES
AMA_Parcels0208
Roads2012
200ft
2022 Amador St. Waterline replacement Project Location Map

City of Jackson
Council Meeting Memorandum
Monday, March 14, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Date: March 10, 2022
Agenda Item #7d: Direction on Main St. Merchants Meeting

DISCUSSION
At the January 10 council meeting, City Council discussed a city sponsored meeting with the Main St. Merchants. The meeting was originally suggested by a few merchants following the 2021 Main St. Holiday events. Apparently, there were disagreements among merchants on the details of the past events, including (but not limited to) how many days Christmas Delights should have lasted, and when to light the tree. Some merchants approached the City to intervene.

City Council’s January discussion resulted in a direction for the city to host a meeting with the merchants. However, Council was clear that City needs to refrain from getting in the middle of merchants’ possible conflicts. Council indicated that efforts by merchants to form an association would be desired.

While I was planning for the meeting as directed, I received communication from merchants that a Business Association is being formed on Main St. A meeting was held in February for this effort.

See attached minutes provided by merchants.

Given this information, I would like for Council to reconsider our original plan. Since an Association is being formed, I believe it would make sense for us to forgo the originally planned city-sponsored meeting. We can instead attend meetings organized by the merchants’ Association and incorporate the original agenda items which was intended to provoke productive discussions for future.

Recognizing that the merchants have different viewpoints, I’m prepared to hear criticism should the City choose to support the current Association effort. Therefore, should Council feel that I need to execute the originally planned meeting, I would proceed accordingly.

Enclosures:
-Merchants meeting minutes (provided by Main St. merchants) -Jan. 10, 2022 council meeting memo/ original memo

Item 7d Main St Merchants Meeting

City of Jackson
Council Meeting Memorandum
Monday, January 10, 2022 – 7:00 PM Regular Meeting
To: The Honorable Mayor and Members of the City Council Date: January 6, 2021
From: City Manager, Yvonne Kimball
Agenda Item #7d Main St. merchants meeting
Recommendation:

That the City Council provide directions regarding the meeting.

Discussion:

Following 2021’s after-Thanksgiving Main St. events, I was approached by merchants on Main to host a meeting in the new year. I would like to entertain the invitation. I came up with an agenda for the meeting.

I would like to seek your directions on this meeting. A few things I’d like your input on:
a. Your vision of Main St.;
b. Your expectation of city’s role in Main St. development; c. Your thoughts of the attached agenda, including all details, such as time, location and topics;
d. Who to invite? I would like to invite all businesses on Main St. I would recommend focus on properties/ businesses that have a frontage on Main St. I will likely walk down the streets and deliver the meeting notice in person. e. Appoint one or two council members to attend the meeting.

Originally, I have thought to bring up the subject of forming an association. But upon further consideration, I decided to leave this subject for a later date as the “Association” subject can be an involved discussion.

Attached is the draft agenda.

Jackson Main St. Merchants meeting Agenda (draft)
11 am, Wednesday, February xxx 2022
Civic center 33 Broadway, Jackson, CA
Facilitated by Yvonne Kimball, City Manager
Participants: Main St. merchants, interested Main St. property owners and city representatives

1. Introduction, Housekeeping items & Expectations of the meeting [15 minutes]

2. Christmas Delights:
a. 2021 review and feedback [20 minutes]
b. 2022 event preliminary discussion [20 minutes]

3. City sponsored “skyline lights” program [20 minutes]

4. Suggestions for City to help promote Main St.? (ie. City provides examples of what city already does and what else do you think city can do for Main St.) [20 minutes]

City of Jackson
Council Meeting Memorandum
Monday, March 14, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Josh Nelson, City Attorney
Date: March 10, 2022
Agenda Item #7e: Second / adoption 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 regarding Lot Line Adjustment

RECOMMENDATION
That the City Council adopt 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 Council conducted the introductory hearing at the February 28 council meeting. Ordinance No. 723 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 7e 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.

Enclosures:

1. Ordinance 723 text

2. Draft Redline sections showing changes: 2 a – JMC Sections under 2.24. pertaining to “Mayor Pro Tempore”; 2 b – Sections 10.38 Abandoned Vehicle Abatement; 2 c – Sections

17.86 pertaining to Lot Line Adjustment

82201.00000\34667847.2
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 Abandoned Vehicle Abatement, and Updating References in Chapter 17.86
regarding lot line adjustment
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 Abandoned Vehicle 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.

Attachment 1

82201.00000\34667847.2
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.

82201.00000\34667847.2
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.”

82201.00000\34667847.2
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

82201.00000\34667847.2
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.”

82201.00000\34667847.2
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:

82201.00000\34667847.2

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.”

82201.00000\34667847.2
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.”

82201.00000\34667847.2
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.”

82201.00000\34667847.2
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

Title 2 Administration and Personnel
Chapter 2.24 MAYOR

2.24.010 When chosen.

The mayor and VICE MAYOR mayor pro tempore 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. (Ord. 331 §1, 1973)

2.24.020 Incumbent—Status.

The persons elected as mayor and VICE MAYOR mayor pro tempore shall be incumbents. (Ord. 331 §2, 1973)

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 mayor pro tempore elected in 1974 and each year thereafter shall serve for one year. (Ord. 331 §3, 1973)

2.24.040 Duties of the mayor.

The mayor serves at the pleasure of the city council and has all the rights and responsibilities of any councilmember. In addition, the mayor:

A. Acts as the official head of the council.

B. Calls for special meetings when needed with guidance from the city manager and city attorney.

C. Selects a substitute for city representation when unable to attend functions.

D. Makes judgment calls on proclamations, recognition awards and other ceremonial matters.

E. Recommends committee assignments as appropriate.

F. Leads the council into working as an effective, cohesive team.

G. Signs documents and checks on behalf of the city.

H. Chairs council meetings, including:

1. Maintains order, decorum and the fair and equitable treatment of all speakers.

2. Keeps discussion and questions focused on the specific agenda item under consideration.

3. Makes parliamentary rulings with advice, if requested, from the city attorney who acts as an advisory parliamentarian.

2.24.050 Duties of the VICE MAYOR mayor pro tempore.

The VICE MAYOR mayor pro tempore serves at the pleasure of the city council and has all of the rights and responsibilities of any councilmember. In addition, the VICE MAYOR mayor pro tempore:

A. Performs the duties of the mayor if the mayor is absent or disabled and unable to perform mayoral duties.

Attachment 2a

B. Chairs city council meetings at the request of the mayor.

C. Reports closed session actions in open session at city council meetings. (Ord. 648, 2005)

Jackson Municipal Code
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Title 10 VEHICLES AND TRAFFIC
Chapter 10.38 ABANDONED VEHICLE ABATEMENT

10.38.010 Declaration of nuisance.

A. In addition to and in accordance with the determination made and the authority granted by the state under Section 22660 of the Vehicle Code to remove, from private or public property, abandoned, wrecked, dismantled or inoperative vehicles or any parts thereof as public nuisances, the city council makes the following findings and declarations:

B. The accumulation and storage of abandoned, wrecked, dismantled or inoperative vehicles or any parts thereof on private or public property is found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisancecreating hazard to the health and safety of children, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle, or any part thereof, on private or public property, except as expressly hereinafter permitted, is declared to constitute a public nuisance which may be abated as such in this chapter. (Ord. 573 §1, 1995)

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 officer, designated employee(s) or abatement official(s).

B. “Designated employees or abatement officials” city employees or those from another agency designated in writing by the city manager.
*******Consider revising to one of the below and adding “authority” to definitions. Will need it in writing if you are going to keep it as is.

Plymouth Code: B. “Authority” means the Amador County Abandoned vehicle abatement Authority.

E. “Designated employee” means a representative of the Amador County sheriff and/or the code enforcement division of the Amador County Land Use/ Community Development Agency.

Sutter Creek Code:

Amador City: “Authority” means the Amador County Abandoned vehicle abatement Authority. “Designated employee” means a representative of the Amador City Council or of the Amador County sheriff and/or the code enforcement division of the Amador County district attorney.

C. “Dismantled vehicle” means any motor vehicle that is partially or wholly disassembled.

D. “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-ofway of said highway.

E. “Inoperative vehicle” means any motor vehicle that cannot move under its own power.

F. “Public property” includes streets and “highways.”
G. “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.

H. “Wrecked vehicle” means any motor vehicle that is damaged to such an extent that it cannot lawfully be operated upon the highway. A vehicle which has been wrecked in a traffic collision, then removed from the roadway to a storage facility, but not yet claimed by its owner, will not be considered an abandoned vehicle. (Ord. 573 §1, 1995)

10.38.030 Exceptions.

This chapter shall not apply to:

A. A vehicle or any part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or B. A vehicle or any part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or a licensed junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise; or C. Nothing in this section shall authorize the maintenance of a public or private nuisance as defined under the provisions of law. (Ord. 573 §1, 1995)

10.38.040 Chapter not exclusive regulation.

The provisions of this chapter are not the exclusive regulation of abandoned, wrecked, dismantled or inoperative vehicles. It is in addition to the other regulatory codes, statutes and ordinances heretofore or hereafter enacted by the city, the county, the state or any other legal entity or agency having jurisdiction. (Ord. 573 §1, 1995)

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. (Ord. 573 §1, 1995)

10.38.060 Contract or franchise—Right of entry for removal of vehicle.

When the city has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter; provided, however, that such entry shall be made in a lawful manner. (Ord. 573 §1, 1995)
****I cannot use my contract hauler because this states who the city has contracted with. This should be changed to:

Plymouth: When the abandoned vehicle Authority Board has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter; provided, however, that such entry shall be made in a lawful manner.

Amador County & Sutter Creek: When the board has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to enter upon private property or public property to remove or cause the removal of a vehicle or parts thereof declared to be a nuisance pursuant to this chapter; provided, however, that such entry shall be made in a lawful manner

10.38.070 Administrative costs determination.

The city council, 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. (Ord. 573 §1, 1995) *****This should be determined by the Authority since it is determined by the budget and other circumstances- case details and Code Enforcement will be doing the entire case process.

Sutter Creek:

Plymouth:

Amador County: The authority shall from time to time determine and fix an amount to be assessed as administrative costs (excluding the actual cost of removal of any vehicle or part thereof) under this chapter. Such amount shall be based on an analysis of the staff time reasonably necessary to process each case involving the removal of a vehicle, and shall not exceed the good faith estimate of such administrative costs based on such analysis. (Ord. 1706 §1(part), 2011).

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.

Attachment 2b

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. (Ord. 573 §1, 1995)

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. (Ord. 573 §1, 1995)

10.38.100 Appeal to city council.

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 when filing an appeal with the city council. No such appeal fee shall be required unless the appeal is from such hearing.

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

C. The city council 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 shall not be limited by the technical rules of evidence. (Ord. 573 §1, 1995)
**** If the appeal is to go to the city counsel, an additional fee should be applied for Amador County Code Enforcement since they will be doing the entire process and would have to attended this hearing. Otherwise, this can be sent to the Authority. All other cities have this go to the Authority.

Amador City:

Plymouth:

Sutter Creek:

10.38.110 Order of vehicle removal—Assessment of costs.

A. If no request for a hearing is received by the city manager (*** remove- all other areas say to designated employee or abatement officials) , 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. (Ord. 573 §1, 1995) **** change to make sense if Authority does appeal:- next page.

Sutter Creek:

Plymouth:

Amador County: 10.32.110 Order of vehicle removal--Assessment of costs.

If no request for a hearing is received by the designated employee within ten days after the notice 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 designated employee finds, at the conclusion of the hearing, that the vehicle or part thereof is abandoned, wrecked, dismantled or inoperable within the meaning of this chapter, and in the event of an appeal to the authority, the authority upholds such officer’s findings, such officer 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. Such officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of this chapter, including without limitation delaying the time for removal of the vehicle or part thereof if, in his opinion, the circumstances justify it. If the vehicle is ordered removed, the order shall include a description of the vehicle or part thereof and the correct identification number and license number, if available. (Ord. 1706 §1(part), 2011).

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 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 low-valued 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. (Ord. 573 §1, 1995)

10.38.130 Disposition of vehicle or parts.

Vehicles or any parts thereof removed pursuant to this chapter may be disposed of by removal to a scrap yard, automobile dismantler’s yard, or any suitable site to receive junk and/or dismantled vehicles. (Ord. 573 §1, 1995)

10.38.140 Prohibition against reconstruction.

After a vehicle or any part thereof has been removed, it shall not be reconstructed or made operable, unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates, pursuant to Vehicle Code Section 5004, in which case the vehicle may be reconstructed or made operable. (Ord. 573 §1, 1995)

10.38.150 Notice to Department of Motor Vehicles.

Within five days after the date of removal of the vehicle pursuant to this chapter, notice shall be given by the 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. (Ord. 573 §1, 1995)

10.38.160 Notice to California Highway Patrol.

An employee, other than a peace officer or employee of a sheriff’s department, 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. (Ord. 573 §1, 1995)

10.38.170 Collection of delinquent assessment.

If the administrative costs and costs of removal are charged against the owner of the land pursuant to Section 10.38.110 and are not paid within thirty days of the date of the order, or the final disposition of an appeal therefrom, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code, and shall be transmitted to the finance officer for collection subject to collection in any manner specified in said section. Such assessment shall have the same priority as other municipal taxes. (Ord. 573 §1, 1995)

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, 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. (Ord. 573 §1, 1995)

10.38.190 Refusal to remove vehicle—Misdemeanor.

It is unlawful and a misdemeanor for any person to fail or refuse to remove an abandoned, wrecked, dismantled or inoperative vehicle or part thereof or refuse to abate such nuisance when ordered to do so in accordance with the

abatement provisions of this chapter or state law where state law is applicable. This offense is punishable by a fine of not more than five hundred dollars or imprisonment in the county jail not to exceed six months, or by both such fine or imprisonment. (Od. 573 §1, 1995)

Chapter 17.86 LOT LINE ADJUSTMENTS

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.

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.

17.86.050 Approval or Denial of Adjustment.

A. Public hearing. A public hearing shall not be required for a Lot Line Adjustment.

B. Findings and decision. The City Council, may approve a Lot Line Adjustment, with or without conditions, only if all of the following findings can be made:

1. The Lot Line Adjustment does not create a greater number of parcels than originally existed;

2. The parcels resulting from the Lot Line Adjustment and development on those parcels conform to all applicable requirements of this Chapter, this Development Code, and Title 14 (Building and Construction) of the Municipal Code;

3. Existing utilities, infrastructure, and easements, including but not limited to streets, driveways, sewer mains, water mains, and electrical lines, will not be adversely affected by the Lot Line Adjustment, or if utilities, infrastructure, or easements will be adversely affected, conditions have been applied to the approval of the Lot Line Adjustment to facilitate their relocation.

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).

Attachment 2c

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.

D. 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.