Jackson City Council /
Planning Commission Agenda
Monday, February 5, 2024 – 1:00 p.m. Special Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Teleconference Line: 1-650-419-1505
Meeting ID: 899369158
Please join using this link: https://v.ringcentral.com/join/909242487 You may participate electronically via RingCentral. 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 §54956 of the Government Code.)
2. CONSENT CALENDAR.
a. Approval of City of Jackson’s Delegated Maintenance Agreement with State of California Department of Transportation.
3. DISCUSSION CALENDAR.
a. Review, discuss and provide direction on the City response and comments to Amador County Unified School District’s DEIR (Draft Environmental Impact Report) for School Consolidation. [Susan Peters, Planning Consultant.]
b. Receive and discuss engineer’s response to the request for a crosswalk at Teresa’s Place [Matt Ospital, City Engineer].
4. ADJOURNMENT.
UPCOMING MEETINGS:
February 7, 2024 10:00 am Cemetery Meeting
February 12, 2024 6:30 pm Council Meeting (Adjourned from the 1/8/24 Council Meeting to 6:30 pm on this date.) February 20, 2024 6:30 pm Planning Commission Meeting TBD (Tuesday, due to President’s Day 2/19/24) February 22, 2024 1:30 pm Economic Development Committee Meeting 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.
DMA#10-23-0089
10-AMA-49/88 (PM VAR)
DELEGATED MAINTENANCE AGREEMENT
WITH THE CITY OF JACKSON
This DELEGATED MAINTENANCE AGREEMENT (“AGREEMENT”) is made by and between the State of California, acting by and through the Department of Transportation (“STATE”) and the City of Jackson (“LOCAL AGENCY”); each may be referred to individually as a “PARTY” and jointly as “PARTIES.”
RECITALS
1. This AGREEMENT will identify the specific maintenance functions LOCAL AGENCY will perform in the STATE right of way, including highway and freeway areas situated within LOCAL AGENCY’s jurisdictional limits as authorized under Streets and Highways Code Section 130.
2. The PARTIES executed a prior Delegated Maintenance Agreement dated January 24, 2007. This AGREEMENT supersedes the prior Delegated Maintenance Agreement. The prior Delegated Maintenance Agreement will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.
OPERATIVE PROVISIONS
1. Maintenance Services. LOCAL AGENCY shall perform maintenance operations at the State Route(s) (SR), post miles (PM) and approximate mile lengths (STATE Right of Way) set forth in Exhibit A to keep the facilities in a safe and operational condition. Maintenance Operations include but are not limited to litter, debris, and graffiti removal, repairs, and restoration.
2. Prior Delegated Maintenance Agreements. This AGREEMENT supersedes the PARTIES’ prior Delegated Maintenance Agreement dated January 24, 2007. The prior Delegated Maintenance Agreement will not remain in full force and effect. This AGREEMENT does not supersede other Freeway Maintenance Agreements executed by the PARTIES, if any.
3. Maintenance Standards. LOCAL AGENCY shall perform all maintenance in compliance with the standards set forth in Streets and Highways Code Section 27, and in accordance with California and federal laws and regulations and STATE policies, procedures and specifications in effect and as amended, and applicable municipal ordinances.
Item 2a
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4. Maintenance Areas and Services. LOCAL AGENCY shall only perform those maintenance services in the STATE right of way locations described in Exhibit A and listed in Exhibit B.
5. Amendment to Agreement. Changes to LOCAL AGENCY’s maintenance services covered in this AGREEMENT may be made by each PARTY executing amended Exhibits A and B and/or executing additional pages to Exhibits A and B that shall be attached to this AGREEMENT and will supersede the original Exhibits A and B. Otherwise, this AGREEMENT may only be amended by a written agreement executed by both PARTIES.
STATE’s District Maintenance Agreement Coordinator (DMAC) must obtain prior written approval of any amendments from the District 10 Deputy Director of Maintenance before such amendments may become effective and enforceable under this AGREEMENT.
6. Unsheltered Encampment Removal.
A. *STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Location(s) shown in Exhibit A, subject to applicable State and Federal law.
B. Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations in shown in Exhibits A and B.
7. Weed Abatement. LOCAL AGENCY shall engage in weed abatement operations. LOCAL AGENCY shall control weeds at a level acceptable to STATE. Any weed control performed by chemical weed sprays (herbicides)shall comply with all laws, rules, and regulations established by California Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA17) to STATE via the STATE’s Landscape Specialist, Maintenance Support, Caltrans District Office, 1976 E. Dr Martin Luther King Jr Blvd, Stockton, CA 95205.
8. Graffiti Removal. LOCAL AGENCY’s graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. LOCAL AGENCY shall discuss such possible art with STATE’s District 10 Transportation Art Coordinator before conducting any graffiti removal or remediation. STATE
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shall pay the actual cost of LOCAL AGENCY’s graffiti removal as specified in Section 11 of this AGREEMENT.
9. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s District 10-650 Pine Grove Area Maintenance Superintendent, Wes Bingham at least twenty-four (24) hours prior telephone or email notice before performing any maintenance services under this AGREEMENT. His email and phone number are: (209) 295-7778, [email protected].
LOCAL AGENCY shall provide the DMAC identified in this AGREEMENT with a litter, debris and graffiti removal schedule. Maintenance services shall be provided at a minimum biweekly basis. Maintenance services shall be performed between the hours of 9:00 a.m. and 3:00 p.m. or as otherwise authorized by the State Representative, if necessary. LOCAL AGENCY must request through the DMAC prior written approval from STATE’s District Maintenance Supervisor to perform any maintenance services before 9:00 a.m. or after 3:00 p.m. and/or weekends and holidays.
10. Authorized Reimbursement. The functions and levels of maintenance services delegated to LOCAL AGENCY in the attached Exhibits A and B and amounts appropriated to STATE have been considered in setting authorized total dollar amounts. LOCAL AGENCY may perform additional work if desired, but STATE will not reimburse LOCAL AGENCY for any work in excess of the authorized dollar limits established herein.
11. Cost Reimbursement. STATE shall reimburse LOCAL AGENCY for LOCAL AGENCY’s actual and necessary costs incurred to perform the maintenance services under this AGREEMENT; provided, however, that STATE’s reimbursement shall not exceed the maximum authorized expenditures under this AGREEMENT.
12. Amendment to Approved Expenditures. Upon LOCAL AGENCY’s written request, the expenditures per route for maintenance services set forth in Exhibits A and B may be increased, decreased, or redistributed between routes pursuant to the PARTIES executing an appropriate amendment in accordance with section 5 above. All such adjustments must be authorized in writing by the District Director or his/her authorized representative.
13. Term of Expenditures. Additional expenditures or an adjustment of expenditures once authorized shall apply only for the term of this AGREEMENT and shall not be deemed to permanently modify or change the basic maximum expenditures per route as specified in Exhibits A and
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B. Any expenditure adjustments shall not affect or alter any other terms of this AGREEMENT.
14. Billing, Payment and Reporting.
14.1 Billing Date. LOCAL AGENCY shall submit billing invoices to STATE’s DMAC each (month/quarter) beginning after the first
(month/quarter) LOCAL AGENCY has performed maintenance
services under this AGREEMENT. LOCAL AGENCY shall not submit billing invoices for reimbursement of costs less than $500 more than once each quarter. LOCAL AGENCY shall also submit billing invoices promptly following the close of STATE’s fiscal year on each June 30th.
14. 2 Billing Submission Format. Each billing invoice shall include all of the following:
(a)STATE’s AGREEMENT number;
(b)Date(s) of services;
(c)Location of services;
(d)Number of hours and hourly rates;
(e)Receipts for trash disposal; and
(f) Receipts for equipment, materials, and supplies.
STATE shall pay LOCAL AGENCY for the maintenance services satisfactorily performed in accordance with the rates and schedules in Exhibits A and B.
15. Successors. This AGREEMENT shall be binding upon and inure to the benefit of each of the PARTIES’ successors-in-interest, including, but not limited to any public entity to whom any part of the STATE right of way covered under this AGREEMENT may be relinquished and any subsequently incorporated city or other municipality established within the LOCAL AGENCY’s jurisdictional limits.
16. Encroachment Permits. Before LOCAL AGENCY may enter STATE right of way to perform any maintenance services in the areas covered by this AGREEMENT, STATE’s District 10 Encroachment Permit Office must issue an initial encroachment permit at no cost to LOCAL AGENCY. LOCAL AGENCY must obtain additional encroachment permits, if necessary, to
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enter or perform any work within STATE right of way not covered by this AGREEMENT. STATE will issue these additional encroachment permits at no cost to LOCAL AGENCY.
17. Legal Disposal of Litter Collected.
1LOCAL AGENCY shall make its own arrangements for the legal disposal of litter or debris materials to authorized disposal sites. LOCAL AGENCY shall not leave any filled litter bags, litter piles or other groups of litter assembled during its maintenance services along or in STATE Right of Way. Such litter groupings shall be removed out of STATE Right of Way each day LOCAL AGENCY performs the maintenance services in this AGREEMENT.
18. Safety and Worker Compliance. LOCAL AGENCY shall be solely responsible for crew pay, workers compensation and any other benefits required by state and federal law. Subcontractors and crew members are not considered STATE’s employees at any time. LOCAL AGENCY shall comply with all applicable State and Federal statutes and regulations governing worker and public safety, including but not limited to compliance with CAL-OSHA regulations and guidelines.
LOCAL AGENCY shall make arrangements through the STATE if traffic controls, flags, signs, or lane closures are necessary to safely perform any maintenance services. STATE’s maintenance Supervisor or designee shall determine what protections are required at the worksite pursuant to applicable provisions of the Caltrans Maintenance Manual, including but not limited to Volume 1, Chapter 8, Protection of Workers.
19. Equipment and Supplies. LOCAL AGENCY shall provide the necessary equipment, tools, personal protective equipment, materials, supplies and products necessary to perform the maintenance services under this AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable costs of such equipment and supplies not to exceed the authorized expenditures set forth in Exhibits A and B.
20. Legal Relations and Responsibilities.
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20.1 No Third-party Beneficiaries. This AGREEMENT is not intended to create duties, obligations, or rights of third parties beyond the PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a PARTY’s legal liability by imposing any standard of care for the maintenance of STATE highways different from the standard of care imposed by law.
20.2 Indemnification. Neither STATE nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by LOCAL AGENCY in
connection with any work, authority or jurisdiction conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL AGENCY shall fully defend, indemnify, and save harmless STATE and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by LOCAL AGENCY, its contractors, sub-contractors and/or its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. STATE shall fully defend, indemnify, and save harmless LOCAL AGENCY and its officers and employees from all claims, suits, or actions of every kind occurring by reason of anything done or omitted to be done by STATE under this Agreement.
20.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member is injured while performing maintenance services under this AGREEMENT, LOCAL AGENCY or its designated subcontractor shall be responsible for ensuring the crew member is given prompt medical care and treatment and, if necessary, transportation to a medical facility. LOCAL AGENCY or its designated subcontractor shall administer any injury and workers compensation claims. LOCAL AGENCY shall notify the DMAC within twenty-four (24) hours when any such incident has occurred.
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21. Prevailing Wages and Labor Compliance. LOCAL AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for public works or maintenance contracts and subcontracts executed for the LOCAL AGENCY’s maintenance services under this AGREEMENT.
22. Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury and property damage liability, in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess by delivering a Letter Certifying Self-Insurance. The Letter of SelfInsurance must be substantially in the form of Exhibit B and identify the AGREEMENT number, and location as depicted in Exhibits A and B.
LOCAL AGENCY shall provide the original Letter Certifying Self-Insurance as a condition to STATE’s execution of this AGREEMENT. A copy of the original letter shall be attached to this AGREEMENT as Exhibit B.
Self-Insured using Contractor. If the work performed under this AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL AGENCY shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. LOCAL AGENCY shall provide a certificate of insurance evidencing this insurance in a form satisfactory to STATE.
23. Budget Contingency. STATE’s payments to LOCAL AGENCY are contingent upon the Legislature appropriating sufficient funds under the Budget Act and the encumbrance of funding to STATE’s District Office.
24. Termination. This AGREEMENT may be terminated by the mutual written consent of each PARTY. Either PARTY may terminate this AGREEMENT upon thirty (30) days’ prior written notice to the other PARTY.
25. Effective Date (Term) of Agreement. This AGREEMENT shall become effective on the last of the dates each PARTY’s authorized representative
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has executed this AGREEMENT and shall be reviewed for amendment every two (2) years.
26. Authority. Each individual executing this AGREEMENT on behalf of each PARTY represents and warrants that he/she is duly authorized to execute this AGREEMENT as authorized under Streets and Highways Code Sections 114 and 130. LOCAL AGENCY represents and certifies that it has, through its regular political process, authorized the execution of this AGREEMENT by appropriate resolution, delegation, or plenary authority as required.
27. Counterparts. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
28. Electronic Signatures. Electronic signatures of the PARTIES, whether digital or encrypted, are intended to authenticate this written AGREEMENT, and shall have the same force and effect as manual signatures for this AGREEMENT.
DMA#10-23-0089
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City Clerk
John Georgette
THE CITY OF JACKSON
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Dated: Dated:
Mayor
Steve McLean
Deputy District Director
Maintenance District
Tanya Sanguinetti, Acting
APPROVED:
Dated:
City Manager
Chris Mynderup, Interim
Dated:
DMA#10-23-0089 EXHIBIT A
EXHIBIT A
DELEGATION OF MAINTENANCE
Route
No.
Length
Miles
Description of State Route Program
Delegated*
Maximum Annual
Authorized
Expenditure
Location 1
49 4.5 Along State Route (SR) from
Scottsville Blvd. to a point north
of Vogan Toll Road (NB & SB)
Approximately 2.23 miles
(PM 2.80 - PM 5.03)
D $9,670.00
0.33 Adjacent to South Fork
Jackson Creek between
Intersection SR 49/88 and
South Avenue
Approximately 0.33 mile
(PM 3.69 – PM 4.02 )
E $12,570.00
Location 2
88 1.2 Along State Route from the
junction of SR 49/SR 88 to Court
Street (NB & SB)
Approximately 0.61 mile
(PM 14.29 – PM 14.90)
D $2,580.00
0.26 Adjacent to Jackson Creek
between Pitt Street and Mission
Boulevard
Approximately 0.26 miles
(PM 14.53 – PM 14.79)
E $9,910.00
DMA#10-23-0089 EXHIBIT A
*D Provide for removal of litter and debris from roadsides by sweeping twice monthly during winter months for both Locations 1 & 2.
Caltrans provide sweeping in summer (May through September). *E Provides for weed and brush control adjacent to creek by hand methods.
TOTAL ANNUAL AUTHORIZED EXPENDITURE: $34,730.00
DMA#10-23-0089 EXHIBIT B
EXHIBIT B
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
California Department of Transportation _______________, 2024 1976 E. Dr. Martin Luther King Jr. Blvd.
Stockton, CA. 95205
ATTN: Tanya Sanguinetti
Re: Statement of Self-Insurance for CITY of Jackson for Delegated Maintenance Agreement No. 10-23-0089 with California Department of Transportation for litter, debris, and graffiti removal, repairs, and restoration along SR 49 and 88 at Jackson.
Dear Ms. Sanguinetti:
This letter certifies that the CITY of Jackson is self-insured and self-funded covering third-party claims arising out of its general operations (i.e., commercial general liability and automobile liability insurance). Further, the CITY is selfinsured covering workers’ compensation claims and has received the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds specifically to satisfy valid third-party claims and workers’ compensation claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and property damage liability, meets the required coverage amounts in section 22 (Insurance) of the Clean California Delegated Maintenance Agreement, specifically general liability insurance, coverage of bodily injury and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess.
If you need any additional information regarding this letter, please direct those inquiries through my office.
Sincerely,
Finance Manager/Risk Manager/Authorized Representative’s Title
DMA#10-23-0089 EXHIBIT C
EXHIBIT C
Party Representatives and Notices.
LOCAL AGENCY’s Project Manager: ______________________
STATE’s DMAC is: Donna Marie Daniele
All notices, document submittals and invoices required under this AGREEMENT shall be deemed to have been fully given when made in writing and received by the PARTIES at their respective addresses as follows:
LOCAL AGENCY
Attn: Name of Project Manager: ___________________________ Address: __________________________________________________ City, Zip: __________________________________________________ STATE
Attn: __________________
Address: PO Box 2048
City, Zip: Stockton, CA 95201
Exhibit A
Program Delegation: E
Location 1; AMA-49 PM 4.023 to PM 3.697 Weed and Brush Control in South Fork Jackson Creek from AMA-49/AM-88 intersection to South Ave Location 2; AMA-88 PM 14.531 to PM 14.787, Weed and Brush Control in Jackson Creek from Pitt Street to Mission Boulevard Center St
Pitt Street
Location 2 Jackson Creek
SR-88 PM 14.53-PM 14.79
Mission Blvd
SR-88
Limits of Delegated Maintenance Agreement for Weed and Brush Control in roadway template adjacent to Jackson Creek and South Fork Jackson Creek Location 1 South Fork Jackson Creek
SR-49 PM 3.69 -SR-49 PM 4.02/SR-88
PM 14.29
South Ave
SR-49/88
N
Exhibit A
Program Delegation: D
Location 1; AMA-49 PM 2.80 to PM 5.03, From near Scottsville Drive to North near Vogan Toll Road Location 2; AMA-88 PM 14.29 to PM 14.90, From Junction SR-49/88 in Jackson to Court Street Vogan Toll Rd.
Scottsville Dr.
Location 2 (SR-88), PM-14.29/14.90
Court St. Lt
SR-88
Limits of Delegated Maintenance Agreement for Street Sweeping Location 1 (SR-49), PM-2.80/5.03
SR-49
SR-49/88 N
CITY OF JACKSON
Council/Planning Commission Meeting Memorandum
Monday, February 5, 2024– 1:00 PM Regular Meeting
To: City Council & Planning Commission
From: Susan M. Peters, Planning Consultant
Date: February 5, 2024
Agenda Item #3a: ACUSD School Closure/Consolidation Program Project Draft Environmental Impact Report – Review Workshop
Workshop Purpose
Review the potential deficiencies identified in attached draft letter on the Amador County Unified School District School Closure/Consolidation Program Project Draft Environmental Impact Report, discuss other potential discrepancies and provide staff direction for a response letter to ACUSD.
Background
On May 24, 2022, the Amador County Unified School District Board of Trustees approved a consolidation program to combine Amador and Argonaut High Schools at the Argonaut campus and Ione and Jackson Jr. High Schools at the Amador High School campus. They made this decision without preparing the required California Environmental Quality Act (CEQA) documentation. The purpose of CEQA is to provide decisionmakers with an analysis of impacts and potential mitigation measures so they can make an informed decision.
The Amador County Transportation Commission (ACTC) challenged ACUSD decision to approve consolidation without preparing the necessary CEQA documentation, and on May 10, 2023, the school board approved a contract with an environmental consulting firm to commence work on an Environmental Impact Report.
On June 21, 2023, ACUSD issued a Notice of Preparation to notify public agencies, members of the public and interested parties of the intent to draft an Environmental Impact Report (EIR) and solicit comments on the scope of the EIR.
The City of Jackson provided a response to the Notice of Preparation (see attached July 20, 2023 letter) requesting the Draft EIR consider the following:
• Traffic analysis for impacts resulting from the increase of students to the Argonaut campus including operational impacts to key intersections (i.e. Argonaut Lane/Highway 49/88 and Hoffman Street/Highway 49/88);
Item 3a
• Safety improvements to Stoney Creek Road;
• Potential mitigation including extending Sutter Street and Wicklow Way; • Traffic analysis for impacts resulting in the increase of students at Jackson Elementary School including operation impacts to key intersections (i.e. North Main/Main Street, Summit/Water Street and Main/Highway 49/88);
• Police protection mitigation;
• Emergency access and evacuation from Argonaut High School and Jackson Elementary; • Analysis of wastewater collection capacity and proposed mitigation; • Water distribution and fire flow capacity; and
• Storm drain capacity.
The ACUSD released the Draft EIR on December 15, 2023 and initiated the 45 day public review period. The City of Jackson, along with the cities of Sutter Creek and Ione and the ACTC, requested that, in light of the holidays and complex nature of the DEIR, the review period be extended by 30 days. On January 17, 2024 the school board approved a 15 day extension. Comments on the Draft EIR are due February 13, 2024.
Discussion
Staff reviewed the Amador County Unified School District School Closure/Consolidation Program Project Draft Environmental Impact Report (EIR) and prepared the attached draft letter addressing deficiencies in the analysis provided in the Draft EIR. The intent of the combined Planning Commission and City Council Workshop is to review the potential deficiencies identified in attached draft letter, discuss other potential discrepancies and provide staff direction for a response to ACUSD. A final comment letter will be prepared and presented to the City Council at the February 12, 2024 meeting.
February 5, 2024
Amador County Unified School District
Attn: Jared Critchfield
217 Rex Avenue
Jackson, CA 95642
Re: Response to School Closure/Consolidation Program Project Draft Environmental Impact Report - SCH 2023060568
Dear Mr. Critchfield,
Thank you for the opportunity to review and respond to the Amador County Unified School District (ACUSD) Draft Environmental Impact Report (EIR) for the proposed School Closure/Consolidation Project (“Project”). Consolidation of Amador and Argonaut High Schools at the Argonaut campus and increased student population at Jackson Elementary School will have significant impacts to the City of Jackson that have not been adequately addressed in the Draft EIR.
Project Description:
Chapter 3 Project Description of the Draft EIR lacks the following information:
1. There is no narrative describing the proposed changes/improvements to the existing Jackson Junior High School to convert it to a preschool. The proposed use of the vacant classrooms and other amenities at this site should be described so potential impacts can be evaluated;
2. Ingress and egress from Argonaut High School has not been adequately described.
Figure 3.5 does not show necessary encroachment improvements to Argonaut Lane and Stoney Creek Road;
3. The project description does not indicate that there will be additional parking provided at Argonaut High School. Existing plus projected parking needs should be described.
4. Table 3-1 shows that Jackson Elementary School will increase with the addition of sixth grade students but there is no narrative describing why no improvements need to be made to the site.
Transportation:
Section 5.15 Transportation of the Draft EIR is deficient for the following reasons:
1. Impact 5.15-1 – The proposed project would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities:
a. The Amador County Regional Transportation Plan (Goal 1A), Amador Countywide Pedestrian and Bicycle Plan (Goal 2), the 2008 City of Jackson
General Plan Circulation Element (Goal 2) and the 2023 City of Jackson General Plan Circulation Element (Goal CIRC-2) all prioritize traffic and circulation safety.
The Draft EIR does not address the potential safety impacts resulting from increased traffic, specifically at key intersections including (but not limited to) Stoney Creek/Argonaut Lane, Argonaut Lane/Highway 49/88, Kennedy Flat Road/Highway 88, Hoffman Street/Highway 49/88, North Main/Main Street, Summit/Water Street and Main/Highway 49/88. Increased queuing at these intersections greatly increases the potential for traffic collisions. These impacts and potential mitigations must be addressed in the Transportation section of the Draft EIR (not in the Appendices). Senate Bill 743 replacing Level of Service analysis with Vehicle Miles Traveled “does not relieve a public agency of the requirements to analyze a project’s potentially significant transportation impacts related to air quality, noise, safety, or any other impact associated with transportation” (PRC Section 21099(b)(3));
b. The Draft EIR states that “The proposed project would hinder the City’s goals to improve its transportation network, including roadway, bicycle, and pedestrian infrastructure,” yet there is no explanation as to why and how this this impact is considered “Less than significant”;
c. Hoffman Street is incorrectly described as extending to the Calaveras County Line. This should be corrected to show that Hoffman Street turns into Stoney Creek Road at Argonaut Lane.
d. There is not enough information about the “valet” and busing programs to consider this adequate mitigation. Please provide more detailed information that clearly demonstrates how these programs reduce the number of trips and congestion and improves safety at the school sites and the roadways in the vicinity of the school sites; and
e. There is no analysis of the potential impacts associated with queuing at the ingress on Argonaut Lane and egress on to Stoney Creek Road.
2. Impact 5.15-2 – The proposed project may conflict or be inconsistent with CEQA Guidelines Section 15064.3(b):
a. Again, Senate Bill 743 replacing Level of Service analysis with Vehicle Miles Traveled “does not relieve a public agency of the requirements to analyze a project’s potentially significant transportation impacts related to air quality, noise, safety, or any other impact associated with transportation” (PRC Section 21099(b)(3)). The operations analysis that was performed was not included in the body of the Draft EIR and thus no mitigation measures are proposed. Safety impacts and proposed mitigation must be included in the Draft EIR for the document to be approved as adequate for decision making purposes; b. The mitigation proposed in Section 5.15.4 to develop and implement a Transportation Demand Management Plan is not, according to CEQA Guidelines Section 15126.4(a)(1)(b), adequate. Future studies cannot be utilized as mitigation. The Traffic Demand Management Plan must be completed and incorporated into the Draft EIR.
3. Impact 5.15-3 – The proposed project would not substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., fam equipment).
a. The project description does not indicate that there will be additional parking provided at Argonaut High School. With an increase in student population, it is anticipated that there will be increased cars for school and extracurricular events.
Inadequate parking facilities could lead to on-street parking which could be hazardous and impede emergency response. Potential parking related impacts must be addressed in the Draft EIR; and
b. The project description does not indicate that there would be any improvements to either Stoney Creek Road or Argonaut Lane. Both of these roads are narrow with minimal or no shoulders. Necessary improvements should be evaluated in the Draft EIR to mitigate potential hazards.
4. Impact 5.15-4 – The proposed project would not result in inadequate emergency services:
a. The analysis provided in this section does not adequately describe the narrow roadways in the vicinity of both Jackson Elementary and Argonaut High School and the ability of first responders to navigate to those sites. Additionally, there is no description of how the “valet and metering program” will operate during an emergency event; and
b. Analysis is also lacking for emergencies during sporting events at Argonaut High School. Mitigation measures should be developed and included in the Draft EIR to ensure first responders can access the site and event participates can evacuate safely in the event of an emergency.
Utility and Service Systems:
Overall, the methods used to estimate the wastewater generation and water use and the project’s effect on utilities and service systems are contradictory and not based on any tangible data. The level of effort to analyze and project the environmental impacts was disappointing.
City of Jackson staff has accurate data available and easily assessable. The mitigation measures are based on insufficient data. The analysis and mitigation measures cannot be universally applied to all three sites (Argonaut HS, Ione Jr. High, and Sutter Creek Elementary school) as the utility infrastructure is of differing design and operated by different entities with different standards and requirements. The mitigation methods suggested will not mitigate as intended.
Wastewater Treatment and Collection:
generated from Argonaut High School. The EIR claims that a one for one offset should be applied due to the reduction of students at Jackson Jr High. However, in the case of Jackson Jr.
High the facilities are not changing so the capacity is still available to be used. The EIR uses a sewer generation rate of 18 gpd/student which was taken from the City of Sutter Creek and Amador Regional Sanitation Authority’s Wastewater Master Plan Update which the City of Jackson is not a part of nor recognizes. The EIR claims the wastewater generation rate of 18 gpd/student is overstated. However, in analyzing the current winter water use and current enrollment, the wastewater generation rate comes to 21.63 gpd/student. This is 20% more than the “overstated” rate used in the EIR. Based on current actual data, the school consolidation project would add an additional 17,048 gpd to the collection system and the wastewater treatment plant (WWTP). As it is currently conceptualized and stated in the EIR, the new proposed building will not add additional sewage to the City’s lift station. This is not the case.
While there is a lateral from the High School which diverts some of the effluent from the lift station, the added capacity of 789 students and increased attendance at school events (i.e. football games) will have an impact as a portion of the effluent generated on the site will reach
the lift station. The additional student capacity effect on the existing lift station cannot be overlooked and needs to be analyzed thoroughly.
peak weather flow rates and volume over time to determine the potential of surcharge conditions from the proposed improvements and additional students. The recommended analysis suggests using the aforementioned City of Sutter Creek and Amador Regional Sanitation Authority’s Wastewater Master Plan Update, California Green Building Standards, or other approved references. The City requests that a detailed analysis utilize site specific data and produce projections based on this site specific information and not references. The City of Jackson does not permit an “acceptable peak wet weather flow rate”. It is the City’s goal to eliminate all inflow and infiltration to private and public sanitary sewer systems. The mitigations suggested in the EIR also do not include identifying necessary upgrades or modifications to the City’s collection system or the WWTP to accommodate the additional wastewater generation this project will produce. It only implies to reduce the peak weather flows to acceptable limits and pay connection fees.
As a site specific plan the City recommends ACUSD to prepare a detailed analysis of wastewater generation at the Argonaut HS campus using current data with the current enrollment to project the total wastewater generation of the consolidation. The analysis should also include actual data on how many fixture units(toilets, sinks, shower drains, etc.) flow to the City’s lift station. This could be done with a flow meter or projections based on a percentage of the school’s fixture units flow to the lift station. This analysis would produce an accurate projection of the Project’s impact on the lift station. The analysis should also investigate the existing inflow and infiltration issues. Mitigation measures based on the analysis shall include eliminating all inflow and infiltration, modifying or upgrading the lift station, city sewer mains, and WWTP to accommodate the projects impact on city facilities. The city does not have a per student impact fee in place so there would need to be an agreement to determine a connection and impact fee for the Project.
Water Supply and Distribution System:
demand from Argonaut High School. The EIR uses an indoor water demand rate of 12.1 gpd/student which was taken from CalEEMod 2021. The City of Jackson does not recognize this metric. Furthermore, the rate is in conflict with the wastewater generation rate used (18gpd/student) and undermines the adequacy of the analysis in the EIR. In analyzing the current winter water use and current enrollment, the existing water demand rate comes to
24.04gpd/student. Which is nearly 200% more than the rate used in the EIR. Based on current actual data the school consolidation project would add an additional 18,942 gpd to the water distribution system’s demand.
domestic and fire water services, meters, mains and anticipated water demands and site specific wastewater infrastructure. These studies should have been completed prior to drafting the EIR so the analysis and conclusions could drive the appropriate mitigation. Per CEQA Guidelines Section 15126.4(a)(1)(b), future studies cannot be utilized as mitigation.
by the Amador Water Agency. This should be corrected as the City of Jackson is the water purveyor to Argonaut High School.
Substantial Changes to the Draft EIR
The City of Jackson, along with Caltrans, Amador County Transportation Commission, and the cities of Ione and Sutter Creek are all requesting that the Transportation Operations analysis be undated to Caltrans standards and brought into the body of the Draft EIR so potential mitigation can be considered. This analysis, along with the Transportation Demand Management Plan inclusion into the document would be considered “significant new information” in accordance with CEQA Guidelines 15088.5(a) and requires re-circulation of the document. The ACUSD must allow public participation in the CEQA process. Adding the necessary analyses and allowing the public a chance to review and comment on that information is critical to the decision-making process.
We sincerely hope you, Mr. Critchfield, and the District’s consultants address the deficiencies in the Draft Environmental Impact Report so the Amador County Unified School District Board of Trustees has accurate information to make an informed decision. Towards that objective, City of Jackson staff encourages you, your staff and consultants to work collaboratively to ensure that potential impacts to the students and citizens are adequately analyzed and appropriate mitigation is detailed and implemented.
Sincerely,
Steve McLean
City of Jackson, Mayor
CC: Amador County Unified School District Board of Trustees Amador County Transportation Commission
California State Clearinghouse
1 CITY OF JACKSON
MEMORANDUM
TO: City Council
FROM: Matt Ospital, City Engineer
RE: Teresa’s Place – proposed crosswalk
DATE: January 3, 2024
DISCUSSION:
This is a follow up to the agenda item discussed at the 11/13/23 council meeting regarding the possibility of installing a new crosswalk near Teresa’s Place (1235 Jackson Gate Road).
The property located at 1230 Jackson Gate Road (across the street from the restaurant) was recently paved to provide additional parking for the restaurant and banquet hall. Both properties are owned by Teresa’s Place, Inc. It is my understanding that there was a discussion about whether or not the City should install a new crosswalk to allow pedestrians a safe way to cross Jackson Gate Road between the parking lot and the restaurant. The proposed crosswalk location would be considered an uncontrolled location/intersection, which is a location with no traffic lights, road markings or signs to indicate the right-of-way. They are typically only found in either residential neighborhoods or in rural areas.
BACKGROUND:
Providing marked crosswalks traditionally has been one measure used in an attempt to facilitate crossings. Pedestrians have a right to cross roads safely, and planners and engineers have a professional responsibility to plan, design, and install safe and convenient crossing facilities.
When citizens request the installation of marked crosswalks, some engineers and planners still refer to the 1972 study by Herms as justification for not installing marked crosswalks at uncontrolled locations. That study found an increased incidence of pedestrian collisions in marked crosswalks, compared to unmarked crosswalks, at 400 uncontrolled intersections in San Diego, CA.
The results of another study published in September 2005 by the Federal Highway Administration (FHWA) titled “Safety Effects of Marked Versus Unmarked Crosswalks at Uncontrolled Locations, Final Report and Recommended Guidelines,” revealed that having a marked crosswalk alone at an uncontrolled location did not have a significantly lower pedestrian crash rate as compared to a location with an unmarked crosswalk. Statistics have also shown that crosswalks tend to give a false sense of security to pedestrians. For safety reasons some jurisdictions do not allow mid-block crossings. This aligns with the FHWA language – uncontrolled crossings are dangerous for pedestrians.
Item 3b
2 RECOMMENDATION:
Due to the following, it is the City Engineer’s opinion that the City should not be responsible for installing a new crosswalk at the proposed location based on the following:
• Crosswalks are not typically installed mid-block, usually just at intersections. • There are no sidewalks on either side of this location to safely send the pedestrians. • Neither of the properties on either side of the proposed location are City owned. • The proposed crosswalk would be provided for the primary benefit of Teresa’s Place’s customers, and not the general public.
As with any proposed crosswalk at an uncontrolled location, an engineering study would be needed to determine if the specific conditions of this location warrant a crosswalk. The owner/developer shall provide a study from licensed traffic engineer and ADA consultant to determine where and what kind of connection needs to be made (lighted, raised, rumble strips, none, directed to stop sign, etc.)