Jackson City Council Agenda
Monday, October 23, 2023 – 6:30 PM Regular Meeting
Jackson Civic Center, 33 Broadway, Jackson, California 95642 Public Teleconference Line: 1-650-419-1505
Meeting ID/Access Code: 780671460
Join online using this link: https://v.ringcentral.com/join/780671460 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. 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 October 9, 2023 Meeting Minutes.
b. Approval of Expenditure Report in the amount of $813,971.24. c. Approval of Special Event Permit Application for Veterans Day Parade 11/11/23.
4. 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.
5. 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.
6. DISCUSSION CALENDAR.
a. Receive, discuss, and provide direction regarding staff recommendation to award the Public Works’ new dump truck bid to Big Valley Ford [Bree Wilder, Public Works Superintendent].
Jackson City Council Agenda Monday, October 23, 2023
2 b. PUBLIC HEARING: Resolution No. 2023-37 General Plan Update & Certify the General Plan Environmental Impact Report [Susan Peters/Ben Ritchie, De Novo Planning Group/Planning Consultant].
c. PUBLIC HEARING: Resolution No. 2023-38 General Plan Amendment to Update the Sixth Cycle Housing Element for the period of 2021-2029 to Affirmatively Further Fair Housing and Substantially Comply with State Housing Element Law [Erin Ventura, Contract Planner/HBA].
7. ADJOURNMENT.
Regular meeting adjournment.
8. CLOSED SESSION.
• PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
9. CLOSED SESSION ADJOURNMENT.
UPCOMING MEETINGS:
November 8, 2023 10:00 am Cemetery Committee Meeting
November 13, 2023 7:00 pm City Council Meeting
November 20, 2023 6:30 pm Planning Commission Meeting (TBD) November 27, 2023 7:00 pm City Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICES:
November 10, 2023 Veteran’s Day (Observed)
November 23-24, 2023 Thanksgiving
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
October 9, 2023
Mayor and Council Members
Steve McLean, Mayor
Chad Simmons, Vice Mayor
Max Godde, Council Member
Connie Gonsalves, Council Member
Bob Stimpson, Council Member
ABSENT: None
John Georgette, City Clerk
Staff Members:
Josh Nelson, City Attorney (REMOTE)
Chris Mynderup, Interim City Manager/Police Chief
Dale Fishback, Interim Fire Chief
Carleen Kirkpatrick, Deputy City Clerk
Christine Platt, Homeless Outreach Coordinator
Mayor McLean called the meeting to order at 6:29 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor McLean led the Pledge of Allegiance.
1. CEREMONIAL.
• Introduction and swearing in of new Police Officer: Graciela Razo.
Police Officer Graciela Razo was sworn in by City Clerk John Georgette, introduced by Interim City Manager/Police Chief Christopher Mynderup, and her badge was pinned on by her daughter.
• Recognition for years of service and contributions to the Jackson Police Department:
Doug Grey
Jim Walshaw
Interim City Manager/ Police Chief Christopher Mynderup introduced retired officers Doug Grey and Jim Walshaw, honoring them for their multiple years of service to the Jackson Police Department with specialized gifts to recognize their contributions.
2. APPROVAL OF AGENDA.
Motion to approve the City Council Agenda dated October 9, 2023 as presented. Moved by Councilmember Stimpson, seconded by Councilmember Gonsalves, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
Item 3a
October 9, 2023 City Council Meeting Minutes
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.
Mitchell Vinciguerra (Field Representative/NorCal Carpenters Union Local 152) – He requested the City of Jackson adopt labor standards and pre-qualification language for future projects. One labor standard would be the use of a state sponsored apprenticeship programs, considering increased wages and student debt concerns, a construction apprenticeship can sometimes be a better option for many young people than the traditional undergraduate program. He stated construction apprenticeship programs are proven escalators to the middle class, training tens of thousands of construction workers every year at no cost to taxpayers, and policies that that require the utilization of apprentices develop a pool of skilled labor in the local area who can work on future projects. The second great labor standard he discussed was the requirement that contractors provide health care. He stated that 1/4 (26%) of construction workers in California lack health insurance and the workers rely on emergency rooms, which taxes an already overburdened medical system. He advised that policies requiring contractors to offer their workers family health care raises standards in the construction industry and ensures employers who offer healthcare compete on a level playing field.
Council thanked Mr. Vinciguerra for the information.
Mayor McLean asked for further public comment and received none.
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 September 11, 2023 Meeting Minutes.
b. Approval of Expenditure Report in the amount of $794,876.36 (through 9/25/23), and $282,301.89 (through 10/9/23).
c. Approval of September 2023 Payroll Expenditure Report in the amount of $354,726.61.
d. Approval of Treasurer’s Report for June and July 2023. e. Receive Jackson Building Department for Monthly Report for September 2023. f. Receive Jackson Fire Department Monthly Report for September 2023. g. Receive Jackson Police Department Monthly Report for September 2023. h. Approval of Special Event Permit Application – Argonaut Football Downtown Rally on October 26, 2023 [Argonaut High School, ASB Advisor Taylor Wenske]. i. Approval of Special Event Permit Application – Jackson Elementary Fall Festival on October 27, 2023 [JUSTAP, Rachelle Zimmer].
j. Approval of Special Event Permit Application – Christmas Delights on Jackson Main Street on November 24-25, 2023 [Historic Jackson Business Association, Sasha Gareau].
k. Proclamation to Establish a Sister City Relationship with Trebinje, Bosnia & Herzegovina on September 21st, 2023.
l. Proclamation Honoring Phil and Wendy Bovero of Jackson Tire Service as Recipient of
October 9, 2023 City Council Meeting Minutes
the 2023 Amador County Chamber of Commerce Businessperson of the Year Award on October 7, 2023.
m. Proclamation to designate November 1st, 2023 as Extra Mile Day. n. Resolution No. 2023-36 Awarding the Construction Contract for the 435 South Avenue Demolition Project to Fisk Demolition.
Motion to approve the Consent Calendar dated October 9, 2023 as presented. Moved by Councilmember Godde, seconded by Councilmember Gonsalves, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
Councilmember Gonsalves advised regarding Consent Item (4i), while she was in fifth grade at Jackson Elementary, she participated in a contest to name the teachers and parents group and she named the group JUSTAP for “just tap and come in”.
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.
Interim City Manager / Police Chief, Chris Mynderup – On October 16, 2023, oral board testing will be conducted for three applicants interested in the last open police officer position. PD plans to begin testing for the full-time detective position afterwards. As Interim City Manager, he attended the Planning Commission meeting on October 2, 2023 for the Public Hearing on the General Plan, Environmental Impact Report, and Housing Element. The Commission unanimously agreed to a resolution recommending Council to adopt. On October 4, 2023, he met with Sutter Creek’s Interim City Manager/Police Chief Jim O’Connell, Ione City Manager Amy Gedney, and Ione Police Chief John Alfred regarding combining forces on animal control issues to respond with their numbers as a unified force as they agree the County should be paid something for the services but the amounts requested don’t match up to the city’s numbers/use. Mayor McLean expressed support. He attended the East Bay Mud Picnic for the first time, with Mayor McLean and Councilmember Gonsalves, and was fascinated by the guest speaker, a paleontologist who was pulling 40–50-million-year-old fossils from the Mokelumne Watershed.
*On behalf of Public Works Superintendent, Bree Wilder – Wilder has an RFQ out for a new 2023 F650 dump truck bid and the closing date is October 13, 2023. This item is expected to be returned to council at the next meeting for approval.
Councilmember Gonsalves advised of the emails they receive regarding available vehicles from other companies. Vice Mayor Simmons stated his preference towards buying new rather than used.
Councilmember Stimpson agreed.
Interim Fire Chief, Dale Fishback – October is Fire Safety Month and they have groups presenting at the schools on fire prevention and safety. There are nine applicants that have been invited to test for the
October 9, 2023 City Council Meeting Minutes
open firefighter position on October 25, 2023. They hope to start interviews the first week of November, based on testing results, with plans to make an offer by mid to late November. The ladder truck is now registered to the City through DMV and insured, and will be available for the Downtown Rally on October 26th and for any other purpose thereafter. The Fire Dept will be participating in the Lion’s Club Halloween Parade with the Studebaker. They are still having some staffing issues, but with Frankie hopefully returning and the new hire coming on soon, the issues should be mitigated.
Councilmember Stimpson inquired about Frankie Digirolomo. Chief Fishback advised he is doing well, has a long recovery time, but is in good spirits.
City Attorney, Josh Nelson (Remote) – He provided a reminder that the State Legislative session has completed and the bills approved by Legislature are being reviewed by the Governor now, expected to be signed by October 14, 2023. Once signed, his team will put together a summary of the bills relevant to the City of Jackson.
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.
Councilmember Gonsalves – Attended the Pardee BBQ with Mayor McLean and Interim City Manager/Police Chief Mynderup. On October 7, 2023, she attended the Chamber of Commerce Businessperson of the Year dinner, honoring Phil and Wendy Bovero of Jackson Tire. She and her husband are doing a benefit dinner for Hospice on October 13, 2023 at the National Hotel, with all proceeds going to Hospice. It is $60 per ticket, serving steak barbeque, all the fixings, and her husband’s famous cheese sauce, with the “It’s All Good” band playing on the terrace. Mayor McLean stated he will not be able to make it due to a prior commitment down south with a check presentation at a hospital serving children with cleft palette.
Councilmember Godde – On September 13, 2023 he attended the Cemetery Committee meeting where they scheduled a Jackson Cemetery Cleanup Day for Saturday, October 28, 2023. He also attended the Rollingwood Mobile Home Park emergency preparedness team meeting, and they would like to meet with city staff to discuss pros/cons of having an emergency siren in the mobile home park or possibly citywide. He attended the Kennedy Mine Foundation meeting and they began the restoration on Tailing Wheel No. 1. He attended the Planning Commission meeting on October 2, 2023, as well as the Ad Hoc Committee meeting for finding the next City Manager.
Councilmember Stimpson – There is an upcoming Air District Board of Directors meeting on October 10, 2023.
Vice Mayor Simmons – Attended the Planning Commission meeting on October 2, 2023. He attended the Chamber of Commerce Businessperson of the Year dinner on October 7, 2023. He checked out the French Bar Bridge project and it is running on time to be out of the water by the deadline of October 15, 2023.
October 9, 2023 City Council Meeting Minutes
Mayor McLean – Attended the Chamber Mixer in September, the ACTC meeting, and the Amador Transit meeting this month. He attended the East Bay Mud Picnic with Chief Mynderup and Councilmember Gonsalves. He attended the Businessperson of the Year Event on October 7, 2023. He met with Lucy Hackett and Alicia Miller from the Beautification Committee meeting, who will be sharing some great ideas tonight.
Vice Mayor Simmons inquired if there will be a Veteran’s Day Parade this year. Interim City Manager Mynderup advised they turned in the application Friday, pending submission of insurance.
Councilmember Gonsalves asked if it will still be on Saturday and staff confirmed.
Planning Commission Chair Thornton Consolo asked Mayor McLean if the High School consolidation was brought up during the ACTC meeting. McLean advised there is always some talk about it and John Gedney, Patrick Crew, and himself plan to attend the meeting on November 1, 2023 at the school district office. They are still awaiting traffic study information from Caltrans on Argonaut and 88, along with discussion on Wicklow Way, the Center Street Extension, though all of these projects are years out following the planned consolidation in 2025.
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 discussions. These audio recordings provide an accurate and comprehensive backup of City Council deliberations and citizen discussion.
a. Receive, discuss, and provide direction regarding (verbal) report from the Homeless Outreach Coordinator regarding the City’s response to homeless issues [Christine Platt].
Christine Platt advised they helped an individual return home back east. The shower program is having a really good turnout, which is good and bad because that means there are more unhoused people. While she was out of town at Dillon’s Beach, Assistant Homeless Outreach Coordinator Brittney Pettinichio showed excellent judgment in requesting permission to advocate for a sick individual she took to the emergency room, and after firmly advocating for him, the hospital discovered a massive infection and he was sent to Stanford for further medical treatment. She wanted to commend Brittney for her passion and advocacy, stating she believes they made a very good decision in hiring her. They also applied for the HHAP 4 Grant for the shower project. They didn’t get the entire amount requested but got enough to keep the program going for another two years. The HHAP 5 Grant is coming up and they are working in collaboration with some other agencies for some California Interagency Council on Homelessness (Cal ICH) encampment resolution money, which is a little different pass-through funding we can get for the unhoused in our city. Tuolumne County just got $6 million to purchase property for more housing and bigger shelters. In Jackson, we currently have two very small shelters.
Mayor McLean asked if the city receives any money from the County for the showers, as not all unhoused use of the showers are from the city. Platt advised we do not but the showers are open to anyone in the county, while the work she does is limited to within Jackson’s city limits.
Councilmember Stimpson advised anytime he has ever approached the county for extra funds to help with anything they have always come through, and suggested this is what we need to do.
October 9, 2023 City Council Meeting Minutes
Platt advised on the HHAP 3 Grant, they received less money than they asked for, but were backfilled by Kaiser, Blue Shield, and another agency. Stimpson advised in the past they haven’t always spent their grant money and Platt advised she will spend it, as she just ran out of shower money (for example).
Councilmember Godde asked if we have sign in sheets for the showers to know who uses them and where they are from, so if they were from outside city limits, we would have evidence of that. Platt advised she keeps a list and it is very seldom she gets someone she doesn’t know, but the homeless population is very fluid and doesn’t always sleep within city limits so they don’t want to place any limits. Godde advised he wouldn’t suggest limiting the showers, only that the information may support getting financial help from other agencies.
Councilmember Stimpson asked if there is any specific insurance (other than our general insurance policy) or a waiver in case someone slips in the shower and gets hurt. Platt advised there is insurance on the trailer itself but she isn’t certain on our insurance coverages, and there is no waiver form at this time. She advised we could do a waiver, however, there is no way for her to verify that a person is who they say they are without identification (which many homeless don’t have). City Attorney Nelson advised the general insurance policy should cover a situation like this but will follow up.
b. Cemetery Committee’s Application for Fiscal Partnership with Amador Community Foundation to operate with Non-Profit Status, allowing them to Accept Donations Through Formal Means [Keith Davis].
Keith Davis introduced himself and their Communications Director Lisa Lucke. He advised they have applied for nonprofit status with the Amador Community Foundation to get donations through them to enhance the appearance of the Jackson Cemetery. They received $2500 in TOT money from the city last year and hope for the same this year but have to move forward as if it isn’t coming. They are also considering doing some tours to bring in more income. Last year, 160 tons of rock were donated by the Jackson Rancheria and delivered by Armstrong & Sons, and the Pine Grove Youth Camp spread the rock for two weeks. They are seeking Council’s endorsement to move forward and provided them with a handout of their budget for 2024. Lisa Lucke clarified that they will not have nonprofit status but have applied for fiscal sponsorship to work under the nonprofit umbrella of the Amador Community Foundation as other organizations do. They would like to be able to participate in “Giving Tuesday” on November 28, 2023, as a lot of money is donated at that event/venue. Vice Mayor Simmons agreed with this and asked if they are seeking direction to go forward. Simmons asked Attorney Nelson for his input.
City Attorney Josh Nelson advised the cemetery as a department of the city is already a nonprofit and anyone who donates is eligible to claim it as tax deductible. He advised that partnering with Amador Community Foundation can open them up to additional marketing and benefits, and deferred to the city as it is appropriate if Council thinks it is a good policy decision.
Mayor McLean advised they should possibly have a budget line item for the cemetery committee. Councilmember Stimpson advised there used to be, and Vice Mayor Simmons stated they haven’t been given any money for some time. Councilmember Stimpson stated they need to
October 9, 2023 City Council Meeting Minutes
make it a line item and the next time the budgeting committee meets they can discuss it and make the application.
Mayor McLean asked for public comment and received none.
Motion to approve the Cemetery Committee forming a fiscal partnership with Amador Community Foundation as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 5 to 0 vote:
AYES: McLean, Simmons, Gonsalves, Godde, Stimpson
NOES: None
ABSENT: None
ABSTAIN: None
c. Presentation by the Historic Jackson Business Association (HJBA) Beautification Committee regarding a placement of historical statues in the downtown district [Alicia Miller / Lucy Hackett].
Lucy Hackett clarified they are not on the Beautification Committee or in the Historic Jackson Business Association, but believe they have some good ideas. Alicia Miller advised she has attended a Beautification Committee meeting but is not a member. They shared their ideas on replacing some signage and placing statues/sculptures in Jackson (examples/photos in the agenda packet0. They suggest using Gold Rush theme iron or rusted steel signs and sculptures, purchased from the Metal Zoo, and installing them in several downtown locations or on city owned properties. The sculptures presented are expected to last at least 20 years, and they are looking to securely install with rebar and cement. Suggested locations included Petkovich Park, by the Fire Department, at the crosswalk by the highway, etc. Signage replacement suggestions include signs at Kennedy Mine, Busi parking lot, and the parking lot at the intersection of Main Street and the highway. They provided an example of a steel sign made by Pure Metal for Beau Gilman’s house. They are obtaining cost estimates, have volunteers willing to install, and plan to return to Council to request funding assistance. They want to promote that Jackson is alive and well, appealing to increased tourism. With Mayor McLean and Public Works okay, they are moving one of the original Amador Lumber trucks to the corner across the street from the library on the highway that can be decorated per season with lights, pumpkins, barrels of daffodils, corn, etc. They have talked to Vince Construction about getting big boulders and gravel, and she plans to talk to Vice Mayor Simmons about getting some drought tolerant plants. Council was in support of these beautification efforts and requested they return with costs. Councilmember Godde suggested considering installations that would not be susceptible to vandalism and theft.
Mayor McLean advised there is an upcoming Beautification Committee meeting this Thursday at Jackson Realty at noon.
8. REGULAR MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 7:33 p.m.
October 9, 2023 City Council Meeting Minutes
9. CLOSED SESSION.
PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
10. CLOSED SESSION ADJOURNMENT.
Mayor McLean adjourned the meeting at 8:02 p.m. to October 23, 2023 at 6:30 p.m.
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved
Item 3b
MEMORANDUM
To: Honorable Mayor and Members of City Council
From: Chris Mynderup, Chief of Police
Date: October 16, 2023
Subject: Special Event Permit Approval – Veterans Day Parade Recommendation
That City Council approves the Special Event Permit submitted by American Legion Post 108 for the 2023, Veterans Day Parade. A current Certificate of Liability for this event has been filed with the City of Jackson.
Discussion
This event will take place on Saturday, November 11, 2023 from the hours of 10:00 a.m. to 12:00 p.m. (Street Closures at 7:00 a.m.) The location of this event will be Historic Main Street.
Street Closures
Historic Main Street will be closed, from Broadway at Water Street to North Main and Church Street. California, Court and North Streets will be closed along the west curb line prolongation of Summit Street. The intersection of Main Street and Highway 49 will be closed to North Main Street traffic and the south bound Highway 49 left turn pocket will be closed.
Conclusion
The Jackson Police Department shall provide traffic control as well as event foot patrols, which will require the majority of full time, reserve and volunteer staff. Historically, this event has had no negative impacts and is a great way for the City of Jackson to honor and support our nation’s veterans.
Item 3c
CITY OF JACKSON
Council Meeting Memorandum
Monday, October 23, 2023 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Bree Wilder, Public Works Superintendent
Date: October 19, 2023
Agenda Item #6a: Award of Public Works Dump Truck Bid
Recommendation
Staff recommends Council award the Public Works dump truck bid to Big Valley Ford.
Summary and Discussion
The City of Jackson posted a request for bids for a Public Works dump truck in the Ledger Dispatch on September 29 and October 6, 2023 with a submission due date of October 13, 2023.
The City received three bids in response to the request from the following companies:
• Big Valley Ford $109,499.59
• Ford Lincoln Fairfield $107,638.34
• Ron DuPratt Ford $114,763.85
The bid from Big Valley Ford met all of the requirements listed in the bid.
The bid from Ford Lincoln Fairfield came in approximately $2k lower than Big Valley Ford but is lacking the 48” toolbox and has a lower quality bed body than the one from Big Valley Ford.
The bid from Ron DuPratt Ford was submitted at $114,763.85.
Staff recommends awarding the dump truck bid to Big Valley Ford as it meets the required specifications listed in the bid request at a reasonable cost.
Attachments:
Big Valley Ford Bid
Ford Lincoln Fairfield Bid
Ron DuPratt Ford Bid
Item 6a
CITY OF JACKSON
City Council Meeting Memorandum
Monday, October 23, 2023 – 6:30 PM
TO: City Council Members
Chris Mynderup, Interim City Manager
FROM: Susan M. Peters, Planning Consultant
DATE: October 17, 2023
AGENDA ITEM #6b : Public Hearing – General Plan Update and Environmental Impact Report
______________________________________________________________________________ PROJECT SUMMARY AND RECOMMENDATION:
State planning and zoning law (California Government Code Section 65000 et seq.) requires all counties and cities to prepare and maintain a general plan for the long-term growth, development, and management of the land within the jurisdiction’s planning boundaries. The general plan acts as a “constitution” for development and is the jurisdiction’s lead legal document in relation to growth, development, and resource management issues. Development regulations (e.g., zoning and subdivision standards) are required by law to be consistent with the general plan.
General plans must address a broad range of topics, including, at a minimum, the following mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety.
General Plans must also address as relevant the topics of environmental justice, climate change, and resiliency planning, either as separate elements or as part of other required elements. At the discretion of each jurisdiction, the general plan may combine these elements and may add optional elements relevant to the physical features of the jurisdiction.
General plans must also be comprehensive, internally consistent, and plan for the long term. The general plan should be clearly written, easy to administer, and available to all those concerned with the community’s development.
State planning and zoning law also establishes that zoning ordinances are required to be consistent with the general plan and any applicable specific plans, area plans, master plans, and other related planning documents. When amendments to the general plan are made, corresponding changes in the zoning ordinance may be required within a reasonable time to ensure consistency between the revised land use designations in the general plan (if any) and the
Item 6b
permitted uses or development standards of the zoning ordinance (Gov. Code Section 65860, subd. [c]).
The City of Jackson, as lead agency, determined that the Jackson General Plan Update is a "Project" within the meaning of the California Environmental Quality Action (CEQA). CEQA requires the preparation of an environmental impact report (EIR) prior to approving any project that may have a significant impact on the environment. For the purposes of CEQA, the term "Project" refers to the whole of an action, which has the potential for resulting in a direct physical change or a reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15378[a]).
The EIR has been prepared according to CEQA requirements to evaluate the potential environmental impacts associated with the implementation of the Jackson General Plan. The EIR has been prepared in accordance with CEQA, California Resources Code Section 21000 et seq.; the Guidelines for the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3); and the rules, regulations, and procedures for implementing CEQA as adopted by the City of Jackson.
An EIR must disclose the expected direct and indirect environmental impacts associated with a project, including impacts that cannot be avoided, growth-inducing effects, impacts found not to be significant, and significant cumulative impacts, as well as identify mitigation measures and alternatives to the proposed Project that could reduce or avoid its adverse environmental impacts.
CEQA requires government agencies to consider and, where feasible, minimize significant environmental impacts of proposed development.
Project Background and Proposed General Plan Update:
The City’s current General Plan has been periodically amended with the Safety Element updated in 1981, the Noise, Open Space and Conservation Elements updated in 1987 the Land Use and Circulation Elements updated in 2008 and the 5th Cycle Housing Element updated in 2015.
In 2019, the City of Jackson embarked on multi-year process to update the City’s General Plan.
The General Plan is the overarching policy document that guides land use, housing, transportation, infrastructure, and other policy decisions. State law requires every city and county in California to prepare and maintain a general plan planning document. The General Plan is the City’s “constitution” or “blueprint” for future development of the city and provides the policy guidance for achieving the community’s vision.
The General Plan Policy Document is the essence of the General Plan. It contains the goals and policies that will guide future decisions within the City. It also identifies a full set of
implementation programs that will ensure the goals and policies in the General Plan are carried out, and it includes the City’s Land Use Map, which guides development patterns throughout the City of Jackson.
The General Plan Policy Document is complimented by the Existing Conditions Report. The Existing Conditions Report provides a summary of a range of conditions in Jackson and provides the baseline framework for the development of the General Plan’s goals, policies, and implementation programs.
The Jackson General Plan includes a comprehensive set of goals, policies, and actions (implementation measures), as well as a revised Land Use Map. The State requires that the General Plan contain seven mandatory elements: Land Use, Circulation, Housing, Open Space, Noise, Safety, and Conservation, as well as address issues related to climate change and resiliency planning, and environmental justice either as separate elements or as components of the required element framework. The Jackson General Plan includes all of the State-mandated topics and elements except the Housing Element which will be approved separately. • The Land Use Element designates the general distribution and intensity of residential, commercial, industrial, open space, public/semi-public, and other categories of public and private land uses. The Land Use Element includes the Land Use Map, which identifies land use designations for each parcel in the city limits and Planning Area. • The Circulation Element correlates closely with the Land Use Element and identifies the general locations and extent of existing and proposed major thoroughfares, transportation routes, and alternative transportation facilities necessary to support a multi-modal transportation system. This element is intended to facilitate mobility of people and goods throughout Jackson by a variety of transportation modes, including bicycle, pedestrian, and transit.
• The Conservation and Open Space Element addresses conservation topics including: the development and use of open space, development and use of natural resources, and protections for riparian environments, native plant and animal species, soils, cultural/historical resources, air quality, and opportunities for energy conservation. • The Safety Element provides the framework to reduce risks associated with a range of environmental and human-caused hazards that may pose a risk to life and property in Jackson. This element addresses hazards such as fires, geologic hazards, as well as hazardous materials, climate resiliency and adaptation. • The Noise Element addresses noise-generating and noise-sensitive uses such as residences and schools. This element also addresses the required topics related to noise, including standards and policies to protect the community from the harmful and annoying effects of
exposure to excessive noise levels. This element includes strategies to reduce land use conflicts that may result in exposure to unacceptable noise levels.
Each element of the General Plan contains a series of goals, policies, and actions. The goals, policies, and actions provide guidance to the City on how to direct change, manage growth, and manage resources over the approximate 20-year life of the General Plan. The following provides a description of each and explains the relationship of each:
● A goal is a description of the general desired result that the City seeks to create through the implementation of the General Plan.
● A policy is a specific statement that guides decision-making as the City works to achieve its goals. Once adopted, policies represent statements of City regulations. The General Plan’s policies set out the standards that will be used by City staff, the Planning Commission, and the City Council in their review of land development projects, resource protection activities, infrastructure improvements, and other City actions. Policies are ongoing and don’t necessarily require specific action on behalf of the City. ● An action is an implementation measure, procedure, technique, or specific program to be undertaken by the City to help achieve a specified goal or implement an adopted policy.
The City must take additional steps to implement each action in the General Plan. An action is something that can and will be completed.
Community Outreach and Participation
Gathering public and community input was of paramount importance to the City of during the development of the General Plan. A brief summary of the community outreach and public participation process is provided below.
Visioning Workshop
The City hosted a General Plan Update Visioning Workshop in May 2019. The Workshop focused on addressing a variety of key planning topics, and included a brief overview of the General Plan, including why it’s important and why the City is updating its Plan, some background information on the evening’s topic, and a series of facilitated activities to solicit input on key topics or ideas. The topics explored in the Workshop, along with summaries of what we heard from the community are provided in the Workshop Summary Report where the feedback received has been recorded in order to memorialize the key themes and ideas, and was used to help inform work tasks associated with the General Plan Update including the evaluation of opportunities and challenges, land use changes, and the creation of new goals, policies, and actions.
Online Survey
Survey responses were collected May 17, 2021 through July 15, 2021 and were administered online via the City’s website and the SurveyMonkey web platform. During the approximately two month time period that the survey was active, there were 489 responses to the nineteen primary questions related to the General Plan update. The questions involved a wide range of response formats that are synthesized in the Outreach Summary Report. The survey responses provide insight into the demographics and opinions of the City of Jackson community members concerning goals and topics related to the update of the City’s General Plan.
City Council Input
The City Council received periodic briefings from City staff and the consultant team to review community input and provide specific direction and guidance to staff and the consultant team regarding the development of the preferred land use map and the General Plan policy document, which is analyzed in this Environmental Impact Report.
Environmental Review
The City of Jackson, as lead agency, determined that the Jackson General Plan Update (General Plan, or Project) is a "Project" within the definition of the California Environmental Quality Act (CEQA), and required the preparation of an Environmental Impact Report (EIR).
Draft EIR
The Draft EIR addresses environmental impacts associated with the Project that are known to the City, raised during the Notice of Preparation (NOP) scoping process, or were raised during preparation of the Draft EIR. The Draft EIR addresses potentially significant impacts associated with aesthetics, agriculture and forest resources, air quality, biological resources, cultural and tribal cultural resources, geology, greenhouse gas emissions and energy, hazards and hazardous materials, hydrology and water quality, land use planning and population/housing, mineral resources, noise, public services and recreation, transportation, utilities and service systems, wildfire, and cumulative impacts.
The City received seven written comment letters on the NOP. Copies of these letters are provided in Appendix A of the Draft EIR.
CEQA Guidelines Section 15126.2(b) requires an EIR to discuss unavoidable significant environmental effects, including those that can be mitigated but not reduced to a level of insignificance. The following significant and unavoidable impacts of the General Plan are discussed in Sections 3.2, 3.3, 3.7, 3.14, 3.15 and 4.0 of the Draft EIR. • Impact 3.2-4: General Plan implementation would result in the conversion of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance
• Impact 3.3-1: General Plan implementation would not conflict with or obstruct implementation of the applicable air quality plan, or result in a cumulatively considerable net increase of criteria pollutants
• Impact 3.7-1: General Plan implementation has the potential to generate GHG emissions that could have a significant impact on the environment and/or conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases
• Impact 3.14-1: General Plan implementation may result in VMT impacts • Impact 3.15-1: General Plan implementation may result in insufficient water supplies • Impact 3.15-2: General Plan implementation may result in the need to construct or expand water treatment facilities
• Impact 3.15-3: General Plan implementation may result in inadequate wastewater treatment capacity
• Impact 3.15-4: General plan implementation may result in the need to construct or expand wastewater treatment facilities
• Impact 4.2: Cumulative impact to agricultural lands and resources • Impact 4.3: Cumulative impact on the region’s air quality • Impact 4.7: Cumulative impacts related to greenhouse gases, climate change, and energy • Impact 4.14: Cumulative impacts on the transportation network • Impact 4.15: Cumulative impacts on utilities
• Impact 4.17: Irreversible Effects
Final EIR
The Final EIR (FEIR) for the Jackson General Plan has been prepared in accordance with the California Environmental Quality Act (CEQA) and State CEQA Guidelines. State CEQA Guidelines Section 15132 requires that an FEIR consist of the following:
• the Draft Environmental Impact Report (Draft EIR) or a revision of the draft; • comments and recommendations received on the Draft EIR, either verbatim or in summary; • a list of persons, organizations, and public agencies commenting on the Draft EIR; • the responses of the lead agency to significant environmental concerns raised in the review and consultation process; and
• any other information added by the lead agency.
In accordance with State CEQA Guidelines Section 15132(a), the Draft EIR is incorporated by reference into the Final EIR.
The City received one written comment on the Draft EIR, which is included in the Final EIR, along with detailed written responses from the City. No new significant environmental impacts or issues, beyond those already covered in the Draft EIR for the Jackson General Plan Environmental Impact Report (DEIR), were raised during the comment period. Responses to
comments received during the comment period do not involve any new significant impacts or add “significant new information” that would require recirculation of the Draft EIR pursuant to CEQA Guidelines Section 15088.5.
CEQA Guidelines Section 15088.5 states that: New information added to an EIR is not “significant” unless the EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse environmental effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project’s proponents have declined to implement.
The FEIR has been prepared in accordance with CEQA, California Resources Code Section 21000 et seq.; the Guidelines for the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3).
The Jackson City Council will review and consider the FEIR. If the City finds that the FEIR is “adequate and complete,” the City Council may certify the FEIR in accordance with CEQA. The rule of adequacy generally holds that an FEIR can be certified if:
• The EIR shows a good faith effort at full disclosure of environmental information; and • The EIR provides sufficient analysis to allow decisions to be made regarding the proposed project in contemplation of environmental considerations.
Upon review, consideration, and certification of the FEIR, the City Council may take action to approve, revise, or reject the Project. A decision to approve the Jackson General Plan, for which the FEIR identifies significant environmental effects, must be accompanied by written findings in accordance with State CEQA Guidelines Sections 15091 and 15093.
Mitigation Monitoring and Reporting Program
The Jackson General Plan has been prepared to be a self-mitigating document. The policies and actions provided in the General Plan minimize the potentially significant and significant environmental impacts, to the extent feasible. No additional mitigation is available, as described in the Findings of Fact. The annual report on General Plan status required pursuant to the Government Code will serve as the monitoring and reporting program for the project. Given this, the Planning Commission and City Council will not need to adopt a Mitigation Monitoring and Reporting Program in accordance with Public Resources Code Section 21081.6(a) and CEQA Guidelines Section 15097 for mitigation measures that have been incorporated into or imposed upon the project to reduce or avoid significant effects on the environment.
Findings of Fact and Statement of Overriding Considerations The California Environmental Quality Act (CEQA) requires the City Council of Jackson, as the CEQA lead agency, to complete and adopt the following:
• Make written findings when approving a project for which an EIR was certified; and • Identify overriding considerations for significant and unavoidable impacts identified in the EIR.
The findings explain how the City, as the lead agency, approached the significant and potentially significant impacts identified in the environmental impact report prepared for the Jackson General Plan (the Project).
The statement of overriding considerations identifies economic, social, technological, and other benefits of the Project that override any significant environmental impacts that would result from the Project.
Public Notice
A Notice of Public Hearing was advertised in the Ledger Dispatch. Staff also mailed the public hearing notice to individuals that have requested to receive notice of actions taken by the City relative to the General Plan. In addition, the meeting agenda was posted at our designated posting locations in the City. As of the writing of this report, no comments were received in favor or against the proposed project.
RECOMMENDATIONS:
On October 2, 2023 the Planning Commission held a public hearing and adopted Planning Commission Resolution No. 2023-01 recommending the City Council adopt the General Plan Update to replace the existing adopted General Plan, and certify the General Plan Environmental Impact Report.
Staff recommends that the City Council consider all information presented at the public hearing and the recommendation of the Planning Commission and, if determined to be appropriate, adopt Resolution No. 2023-37/ (Attachment 1) recommending the City Council adopt the General Plan Update to replace the existing adopted General Plan, and certify the General Plan Environmental Impact Report.
To view the City of Jackson’s General Plan Update Final Environmental Impact Report and Findings of Fact:
1. Go to the City of Jackson website listed below-
https://www.ci.jackson.ca.us/planning_department.php
2. Click on the drop-down menu: “General Plan Update 2040” Attachments:
• City Council Resolution No. 2023-37
RESOLUTION NO. 2023-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSON
APPROVING THE GENERAL PLAN UPDATE TO REPLACE THE ADOPTED
GENERAL PLAN, AND CERTIFY THE GENERAL PLAN ENVIRONMENTAL IMPACT REPORT.
WHEREAS, Section 65300 et seq. of the California Government Code requires each city to prepare and adopt a comprehensive, long-term general plan for the physical development of the city; and
WHEREAS, the City’s current General Plan has been periodically amended with the Safety Element updated in 1981, the Noise, Open Space and Conservation Elements updated in 1987 the Land Use and Circulation Elements updated in 2008 and the 5th Cycle Housing Element updated in 2015; and
WHEREAS, in 2019, the City initiated a multi-year process to comprehensively update the General Plan by approving a work plan and budget, hiring consultants, and conducting a public workshop; and
WHEREAS, the City held a visioning and outreach workshop on June 7, 2021 where the public was introduced to the General Plan Update process and asked to share their ideas related to key issues and core values that needed to be included in the General Plan; and WHEREAS, the City Council and Planning Commission received periodic briefings from City staff and the consultant team to review input and receive information relevant to the specific topics addressed in the General Plan Update, and to provide direction and guidance to staff and the consultant team regarding land use opportunity areas and development of the preferred land use map; and
WHEREAS, in accordance with Government Code Section 65302, a comprehensive update to the City’s General Plan has been prepared to address the mandatory elements and topics required by state law; and
WHEREAS, the General Plan Update includes goals, policies, and actions regarding each of these General Plan elements; and
WHEREAS, the General Plan Update is a citywide document that provides an integrated and internally consistent statement of the official land use policy for the City of Jackson; and WHEREAS, the City sent the draft General Plan Update to affected public entities and agencies in compliance with State law (Government Code Sections 65302(g)(7), 65302.5, 65302.7, 65352, 65352(a)(9) and Public Utilities Code Section 21676), and in accordance with Government Code Sections 65352.3 contacted California Native American tribes that are on the contact list maintained by the Native America heritage Commission to invite those tribes to consult
on the proposed Draft General Plan Update; and
WHEREAS, the City of Jackson determined that an Environmental Impact Report (EIR) should be prepared to analyze both the potential impacts and any necessary mitigation measures for the General Plan Update project; and
WHEREAS, the EIR evaluates impacts, mitigation, and alternatives at a program-level for the General Plan Update project; and
WHEREAS, a Notice of Preparation (NOP) of an EIR for the proposed project was circulated on November 23, 2022 to trustee and responsible agencies, the State Clearinghouse, and the public; and
WHEREAS, a scoping meeting was held on December 5, 2022 at City of Jackson City Hall Council Chamber, and public or agency comments on the NOP related to the EIR analysis were presented or submitted during the scoping meeting; and WHEREAS, during the 30-day public review period for the NOP, which ended on December 27, 2022, seven written comment letters were received on the NOP, and the NOP comments are provided in Appendix A of the Draft EIR; and WHEREAS, a Notice of Availability (NOA) of the Draft EIR was circulated to the State Clearinghouse, all relevant agencies, and interested parties for a 45-day public comment period, beginning on June 30, 2023 and ending on August 14, 2023; and WHEREAS, a total of one (1) written comment was received during the public review period for the Draft EIR, and written responses to those comments have been prepared and included as part of the Final EIR, pursuant to the CEQA Guidelines; and WHEREAS, a notice of public hearing was published in the Ledger Dispatch on September 22, 2023 in accordance with City policies and Government Code Section 65090; and WHEREAS, the Planning Commission held a duly noticed public hearing on October 2, 2023 regarding the General Plan Update, including the EIR, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 2003-01 recommending that the City Council adopt the General Plan Update and Certify the Environmental Impact Report; and
WHEREAS, the City Council held a duly noticed public hearing on October 23, 2023 regarding the General Plan Update, including the EIR, at which time all interested persons were given an opportunity to be heard; and
WHEREAS, the City Council reviewed and considered all evidence submitted in connection with the General Plan Update, including the staff report, public testimony, Planning Commission Recommendation and all other documents and evidence that are part of the City administrative record for these actions; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Jackson does hereby make the following findings:
1. That the Environmental Impact Report for the General Plan Update project, which consists of the Draft EIR and the Final EIR (collectively the EIR), has been completed in accordance with the requirements of the California Environmental Quality Act (CEQA) and the State CEQA Guidelines; and
2. That the EIR was prepared, published, circulated, and reviewed in accordance with the requirements of CEQA and the State CEQA Guidelines, and constitutes an adequate, accurate, objective, and complete Final Environmental Impact Report in full compliance with the requirements of CEQA and the State CEQA Guidelines; and
3. That the EIR has been presented to it, that the Planning Commission has reviewed the EIR and has considered the information contained in the EIR prior to acting on the proposed project, and that the EIR reflects the Planning Commission’s independent judgment and analysis; and
4. Pursuant to CEQA Guidelines Sections 15091 and 15093, and in support of its approval of the project, the Planning Commission recommends that the City Council certify the Final EIR (Exhibit “A”) and adopt the Findings of Fact and Statement of Overriding Considerations (Exhibit “B”) in support of approval of the project; and
5. The City Council recommends that, upon approval of the project, the City’s Planning staff file a notice of determination with the County Clerk of Amador; and
6. Pursuant to CEQA Guidelines Section 15091(e), the documents and other materials that constitute the record of proceedings upon which the City Council has based its decision are located in, and may be obtained from, the City of Jackson Planning Department, 33 Broadway, Jackson, CA 95642.
7. The above recitals are true and correct and constitute the facts supporting the findings made by the City Council in approving this Resolution.
8. The City Council has utilized its independent judgment in considering the information contained in this resolution, in the staff report and attachments and other exhibits, and in written and oral testimony during the public hearing.
BE IT FURTHER RESOLVED that based on the Findings included herein, substantial evidence in the administrative record of proceedings, including the staff report, attachments to the staff report, attachments to this resolution and documents listed or referenced herein, and
input provided during the public hearing; the City Council of the City of Jackson hereby adopts the Comprehensive General Plan Update to address the requirements of California Government Code Section 65000 et seq. and certifies the Final EIR to address the requirements of California Resources Code Section 21000 et seq.
PASSED AND ADOPTED by the City Council of the City of Jackson at this special meeting on the 23rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF JACKSON
______________________________
Steve McLean, Mayor
ATTEST:
_________________________
John Georgette, City Clerk
To view the City of Jackson’s General Plan Update Final Environmental Impact Report and Findings of Fact:
1. Go to the City of Jackson website listed below-
https://www.ci.jackson.ca.us/planning_department.php
2. Click on the drop-down menu: “General Plan Update 2040”
1 CITY OF JACKSON
Council Meeting Memorandum
Monday, October 23, 2023 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Erin Ventura, Contract Planner
Date: October 23, 2023
Agenda Item #6c: 2021-2029 6th Cycle Housing Element Update
RECOMMENDATION
Review the 2021-2029 6th Cycle Housing Element Update of the City of Jackson General Plan, hold a public hearing, and adopt City Council Resolution No. 2023-38, amending the City of Jackson’s General Plan, updating the Housing Element.
BACKGROUND
The Housing Element, one of the seven state mandated elements of the General Plan, is a guiding document for housing development, the allocation of housing resources, and the continuation of housing-related services during the planning period of 2021-2029. The 6th Cycle Housing Element was prepared jointly with the County of Amador and the cities of Amador City, Ione, Plymouth and Sutter Creek utilizing Regional Early Action Planning (REAP) Grant funds.
State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year planning period 2021-2029 to accommodate the City of Jackson Regional Housing Need Allocation (RHNA) of 138 housing units, comprised of 14 extremely low income units, 13 very-low income units, 23 low-income units, 24 moderateincome units, and 64 above moderate-income units. The 6th Cycle Housing Element Update also includes the following:
• Goals, policies, and actions to address current and projected housing needs, including housing preservation, rehabilitation, and development;
• Analysis of housing-related constraints;
• Inventory of sites suitable to accommodate the housing needs allocation for the City; • Assessment of financial and programmatic resources for housing; and • Analysis of fair housing issues and constraints.
The Draft Countywide 6th Cycle Housing Element was released for public and stakeholder comment on November 10, 2022. The required 30 day comment period for the draft document
Item 6c
2 was extended from December 14, 2022 to January 9, 2023. Comments were received from seven interested parties. The response to the comments can be found in Appendix C of the Housing Element.
DISCUSSION
HCD Review and Certification: An important difference between the Housing Element and other elements of the General Plan is the extent of State oversight. Under California law, land use and development is generally within the authority of cities through the adoption of policies and regulations in General Plans and municipal codes. However, State law establishes many specific limitations on City land use authority with regard to housing.
The State legislature has also declared an adequate supply of housing to be a matter of statewide importance and has delegated authority to the California Department of Housing and Community Development (HCD) to review local government Housing Elements and issue opinions regarding their compliance with State law. A finding of Housing Element compliance by HCD is referred to as “certification” of the Housing Element. Certification is important to enhance cities’ eligibility for grant funds and also to support local land use authority. HCD review of Housing Elements is required both prior to and after final adoption by the City Council. Typically, the most critical issue in HCD’s review is whether the Housing Element demonstrates compliance with State law regarding the RHNA.
The Planning Commission reviewed the Draft Housing Element on October 2, 2023 at a Special Meeting. During that meeting a public hearing was held and public comments were received.
The Commission passed a resolution, recommending the City Council adopt the Draft Housing Element.
RHNA Requirements: One of the most important requirements of State Housing Element law is that each city must adopt land use plans and regulations that create opportunities for sufficient residential development to accommodate its assigned share of statewide housing needs. The RHNA is the process by which each city’s need for additional housing is determined. Prior to each Housing Element planning cycle, the region’s total housing need is established by HCD based primarily on population growth trends and existing housing problems such as overcrowding and overpayment.
In 2020 HCD issued a RHNA determination of 741 additional units for Amador County during the 2019-2029 period. HCD also distributed the units throughout the County, assigning a total of 138 to the City of Jackson.
The Housing Element must demonstrate compliance with the RHNA by analyzing the City’s capacity for additional housing based on an evaluation of land use patterns, development regulations, potential constraints (such as infrastructure availability and environmental conditions) and real estate market trends. The analysis must be prepared at a parcel-specific level of detail and identify properties (or “sites”) where additional housing could be built under current regulations. State law requires that the sites analysis demonstrate that City land use plans and
3 regulations provide adequate capacity to fully accommodate its RHNA allocation in each income category. If the current development capacity is not sufficient to fully accommodate the RHNA, the Housing Element must describe proactive steps the City will take to increase housing capacity commensurate with the RHNA – typically through amendments to land use plans and development regulations that could facilitate production of additional housing. Such amendments generally include increasing allowable residential densities, modifying other development standards, or allowing housing to be built in areas where residential development is not currently allowed, such as areas zoned for commercial use.
The Countywide 6th Cycle Draft Housing Element consists of three main parts, the Housing Plan, the Background Report, and each individual jurisdiction’s Annex.
The Housing Plan contains the goals, policies and programs that the City, and other jurisdictions within the County including the County, will implement during the 2021-2029 planning period.
Some of the Housing Plan programs call for changes to the City’s Municipal Code required by State Law. Staff will work with the consultant to draft the necessary amendments to the Municipal Code. The proposed changes will be brought forward at public meetings for review and public comment before adoption.
The Background Report provides documentation and analysis in support of the goals, polices, programs and quantified objectives in the Housing Element policy document. The Report includes housing constraints and resources, an inventory of residential sites, fair housing affirmations, and an evaluation of the existing Housing Element.
The Jackson Annex identifies specific information for the City. The document reviews current zoning and evaluates potential constraints for development. The majority of the information in the Annex is taken from the City’s municipal code.
CEQA: The Housing Element has been reviewed and analyzed pursuant to the California Environmental Quality Act (CEQA), and staff has determined that there is no substantial evidence that the 6th Cycle Housing Element may have a significant effect on the environment, and the Housing Element is therefore exempt from the provisions of CEQA as set forth in Public Resources Code Section 21080(c)(1) and Section 15061(b)(3) of the CEQA Guidelines. The Attached Resolution includes the language necessary to file the exemption.
To view the City of Jackson 2021-2029 6th Cycle Housing Element Update Plan Adoption, Background Report, Jackson Element, and Appendices:
1. Go to the City of Jackson website listed belowhttps://www.ci.jackson.ca.us/planning_department.php
2. Click on the drop-down menu: “Housing Element”
Attachment:
• Resolution No. 2023-38
RESOLUTION NO. 2023-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSON ADOPTING A
GENERAL PLAN AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 6TH CYCLE PERIOD OF 2021-2029 TO AFFIRMATIVELY
FURTHER FAIR HOUSING AND SUBSTANTIALLY COMPLY WITH STATE HOUSING ELEMENT LAW.
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2021-2029 to accommodate the City of Jackson’s regional housing need allocation (RHNA) of 138 housing units, comprised of 27 very-low-income units 23 low-income units, 24 moderate-income units, and 64 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City of Jackson has worked in conjunction with County of Amador and Cities of Amador City, Ione, Jackson, Plymouth, and Sutter Creek (collectively “the Countywide jurisdictions”) to prepare the Housing Element Update (the Housing Element) for the 2021 to 2029 period; and WHEREAS, as provided in Government Code Section 65350 et. seq., the Housing Element constitutes a General Plan Amendment; and
WHEREAS, the City has prepared the Housing Element in accordance with State Housing Element Law; and;
WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, the Housing Element must be adopted to comply with State law, accommodate the RHNA, affirmatively further fair housing, and facilitate and encourage a variety of housing types for all income levels, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and
WHEREAS, California Government Code Section 65583 requires that the Housing Element Update contain: (i) an assessment of the City’s housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update; and
WHEREAS, the Housing Element has been prepared to comply with State law, accommodate the RHNA, affirmatively further fair housing, facilitate and encourage a variety of housing types for all income levels, including multifamily housing, and include a diligent effort to include all economic segments of the community; and
WHEREAS, the City and the Countywide jurisdictions conducted extensive community outreach over the last 20 months including two open houses conducted in March 2022 open to any member of the public, eight workshops and meetings held throughout the Countywide jurisdictions to present the Draft Countywide Housing Element Update to all economic segments and interested parties of the Countywide jurisdictions, one Planning Commission public hearing, and one City Council public hearing and at each of the 12 meetings the public was provided an opportunity to comment; and
WHEREAS, the draft Housing Element was made available for public comment initially from November 10, 2022 through December 14, 2022 with the comment period extended to January 9, 2023 to make all economic segments of the Countywide jurisdictions and all interested parties had an opportunity to comment and during which time eight public meetings were held to provide an opportunity to comment; and
WHEREAS, all public comments on the draft Housing Element were considered, revisions were made to the draft Housing Element to address public comments, and Appendix C was added to the Housing Element to identify comments received, changes made to the Housing Element to address public comments, and respond to each comment; and WHEREAS, in accordance with Government Code Section 65585 (b), on February 8, 2023, the City submitted the draft Housing Element to the State Department of Housing and Community Development (HCD) for its review; and
WHEREAS, on May 8, 2023, the Countywide jurisdictions received a letter from HCD providing its findings regarding the draft Housing Element (Findings Letter); and WHEREAS, on May 18, 2023, HCD discussed with the County and Housing Element consultant the contents of the Findings Letter, and based on the Findings Letter and the result of the call, the draft Housing Element was revised to include additional information and data; and WHEREAS, the Housing Element has been reviewed and analyzed by the City pursuant to the California Environmental Quality Act (CEQA), it has been determined that there is no substantial evidence that the 6th Cycle Housing Element may have a significant effect on the environment, and the Housing Element is therefore exempt from the provisions of CEQA as set forth in Public Resources Code Section 21080(c)(1) and Section 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on October 2, 2023 the Planning Commission conducted a duly and properly noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, and modifications made in response to the HCD May 8, 2023 comment letter, the staff report and all
attachments, and oral and written public comments; and determined the Housing Element to be consistent with State law and the General Plan of the City and recommended that the City Council adopt the Housing Element.
WHEREAS, on October 23, 2023 the City Council conducted a duly and property noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and determined the Housing Element to be consistent with State law and the General Plan of the City of Jackson; and NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The Housing Element is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under the general rule of CEQA Guidelines, Section 15061(b)(3), in that there is no possibility that the Housing Element may have a significant negative physical impact on the environment.
3. The City has prepared, noticed, and made the Housing Element available pursuant to Government Code Sections 65350 through 65359.
4. The proposed amendment ensures and maintains internal consistency with all of the goals, policies, and actions of all elements of the General Plan and any applicable specific plan; and
5. The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
6. The Housing Element substantially complies with State Housing Element Law and has been revised to address the findings identified by HCD in its letter dated May 8, 2023.
7. Based on substantial evidence provided in the Housing Element, knowledge of City staff regarding the readiness of approved and pending projects, , opportunities for streamlined infill development, expressed interest from property owners or developers, site characteristics including the existing uses, and a commitment from the City to implement programs that incentivize and promote the development of sites, the Planning Commission finds that sites identified in the element to accommodate the RHNA can be available and ready for development during the Planning Period, and, where applicable, the existing uses on the sites identified to accommodate the City’s RHNA do not impede residential development during the period covered by the Housing Element.
8. As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the Countywide jurisdictions dated May 8, 2023, consistent with Government Code Section 65585(f), and as described in Exhibit B to this resolution, incorporated herein by this reference, the City Council has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.
9. The City of Jackson’s 5th Cycle Housing Element is hereby repealed in its entirety, and the City of Jackson’s 6th Cycle Housing Element attached hereto as Exhibit A is adopted.
10.This Resolution shall become effective upon adoption by the City Council.
11.The City Manager or designee is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes or minor modifications to the Housing Element to make it internally consistent or to address any non-substantive changes or minor modifications requested by the Department to achieve certification, provided that the modifications would not exceed the total amount of development accommodated by the General Plan prior to revisions and would not result in new actions by the County/City that would require a General Fund commitment of $50,000 or greater.
12.The City Manager or designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
BE IT FURTHER RESOLVED, that the City Council hereby approves the 2021-2029 Housing Element in its current form, including the revisions to address HCD’s findings.
The foregoing resolution was duly introduced and adopted by the City Council of the City of Jackson on the 23rd day of October 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Steve McLean, Mayor
Attest:
____________________________
John Georgette, City Clerk
To view the City of Jackson 2021-2029 6th Cycle Housing Element Update Plan Adoption, Background Report, Jackson Element, and Appendices:
1. Go to the City of Jackson website listed belowhttps://www.ci.jackson.ca.us/planning_department.php
2. Click on the drop-down menu: “Housing Element”