Jackson City Council Agenda
Monday, October 28, 2024 – 6:30 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Line (Audio Only): 1-650-419-1505
Meeting ID: 459364462
Please join using this link: https://v.ringcentral.com/join/459364462 Please note that the above information is for remote viewing only. Live remote public comment will not be taken unless required by Government Code section 54953(f). If required, it will be announced by the Mayor.
Should you wish to speak during Public Comment, please plan to attend in person at the address listed above.
1. CEREMONIAL.
• Proclamation recognizing Stanley Lukowicz.
2. HONORARIUMS.
• Farewell to Councilmember Bob Stimpson.
3. 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).
4. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
5. CONSENT CALENDAR.
Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. a. Approval of October 14, 2024 meeting minutes.
b. Approval of Expenditure Report in the amount of $326,622.21. c. Approval of Special Event Permit Application – Christmas Delights on Jackson Main Street on November 29th and 30th, 2024. [Historic Jackson Business Association, Stacey Landreth & Travis Williams].
d. Resolution No. 2024-38 Accepting the Completion of Public Improvements for the Scout Hut Upgrade Project, and Filing a Notice of Completion and Authorizing Recordation Therefore.
6. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
Jackson City Council Agenda Monday, October 28, 2024
7. COUNCIL REPORTS.
This section is to provide Council members an opportunity to present reports on their activities and to request items be placed on future agendas.
8. DISCUSSION CALENDAR.
a. Public Hearing: Proposed adjustments to sewer rates, 5-year schedule. [Mark Hildebrand, Hildebrand Consulting, LLC]
o Resolution No. 2024-37 Setting Sanitary Sewer Service Charges. b. First reading of Ordinance No. 731 Amending City of Jackson Municipal Code Sections
8.28.020 and 8.28.030 of Chapter 8.28 of Title 8 of the Jackson Municipal Code Related to Encampments within the City Limits.
[Possible action: waive 1st reading and direct to proceed with 2nd reading.]
9. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
UPCOMING MEETINGS:
October 30, 2024 1:30 pm Economic Development Committee Meeting November 12, 2024 (Tues) 7:00 pm City Council Meeting (expected to start at 6:30pm due to adjournment) November 13, 2024 10:00 am Cemetery Committee Meeting
November 18, 2024 6:30 pm Planning Commission Meeting (TBD) November 25, 2024 7:00 pm City Council Meeting (expected to start at 6:30pm due to adjournment) UPCOMING CLOSURE DATES FOR CITY OFFICE:
November 11, 2024 Veteran’s Day
November 28-29, 2024 Thanksgiving Holiday
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us for previous agendas, minutes and City budget.
City of Jackson
City Council Proclamation
HONORING
Mr. Stanley Lukowicz
WHEREAS, Mr. Stanley Lukowicz played a major role in the inspiration and development of the Amador Community Foundation, and today the Foundation provides over $190,000.00 in scholarships each year and has granted 8 million dollars to date; and
WHEREAS, Mr. Stanley Lukowicz has dedicated 50 years of service to the Rotary Club of Jackson whose mission is to provide service to others, promote integrity, and advance world understanding, goodwill, and peace through its fellowship of business, professional, and community leaders; and WHEREAS, Mr. Stanley Lukowicz has been a longtime supporter and contributor to Hospice of Amador & Calaveras Counties, which provides services for end-of-life care, grief support and care honoring veterans; and
WHEREAS, Mr. Stanley Lukowicz supports and contributes to the Top Cop Challenge each year, which supports grants and donations made on behalf of the winning agencies to veterans and/or first responder organizations of their choosing; and
WHEREAS, Mr. Stanley Lukowicz has also provided support and contributions to the Amador Stars transportation program which assists local cancer patients and their families get to important doctor appointments; and
WHEREAS, Mr. Stanley Lukowicz’s rehabilitation of the National Hotel in downtown historic Jackson provides a unique destination spot drawing tourists from all over to support our local businesses and economy; and
WHEREAS, Mr. Stanley Lukowicz’s philanthropic spirit has come through in his enduring support of Amador County and the Jackson Community at large.
NOW, THEREFORE, BE IT PROCLAIMED, that the City Council of the City of Jackson honors Mr.
Stanley Lukowicz for his lifetime of commitment to the success of the City of Jackson.
Given under the signatures duly noted below and Seal of the City of Jackson, California, this 28th day of October, 2024.
Steve McLean, Mayor
Chad Simmons, Vice Mayor
Max Godde, Councilmember
ATTEST:
Connie Gonsalves, Councilmember
John Georgette, City Clerk Bob Stimpson, Councilmember
Item 1
CITY OF JACKSON
City Council Meeting Minutes
October 14, 2024
Mayor and Council Members
Steve McLean, Mayor
Chad Simmons, Vice Mayor
Bob Stimpson, Council Member
ABSENT:
Max Godde, Council Member
Connie Gonsalves, Council Member
John Georgette, City Clerk
Josh Nelson, City Attorney
Staff Members:
Carl P. Simpson, City Manager
Bree Wilder, Public Works Superintendent
Ryan Pidgeon, Fire Chief
Dale Fishback, Deputy Fire Chief
Carleen Kirkpatrick, Deputy City Clerk
Christine Platt, Homeless Outreach Coordinator
Mayor McLean called the meeting to order at 6:28 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG.
Mayor McLean led the Pledge of Allegiance.
1. CEREMONIAL.
Introduction and swearing in of new Fire Chief: Ryan Pidgeon.
Deputy Fire Chief Dale Fishback and the Jackson Fire Department were present to witness the swearing in of the new Fire Chief.
2. APPROVAL OF AGENDA.
Motion to approve the City Council Agenda dated October 14, 2024, as presented with moving item 7C to 7A on discussion calendar. Moved by Vice Mayor Simmons, seconded by Councilmember Stimpson, and carried by a 3 to 0 vote:
AYES: McLean, Simmons, Stimpson
NOES: None
ABSENT: Godde, Gonsalves
ABSTAIN: None
3. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
Item 5a
October 14, 2024 City Council Meeting Minutes
Thornton Consolo – Requested to know the end time for the Jackson Elementary Fall Festival that will close off part of Court Street on 10/25/24, listed on the Consent Calendar. Mayor McLean advised the end time for the festival is at 7PM, as listed on the application and Police Chief Mynderup’s memo.
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 September 23, 2024 meeting minutes.
b. Approval of Expenditure Report in the amount of $149,854.15. c. Approval of September 2024 Payroll Expenditure Report in the amount of $413,329.80. d. Approval of Unaudited Treasurer’s Report for June 2024. e. Approval of Treasurer’s Report for July 2024 and August 2024. f. Receive Jackson Building Department for Monthly Report for September 2024. g. Receive Jackson Fire Department Monthly Report for September 2024. h. Receive Jackson Police Department Monthly Report for September 2024. i. Approval of Special Event Permit Application – Jackson Elementary Fall Festival on October 25, 2024 [JUSTAP, Rachelle Zimmer].
j. Resolution No. 2024-34 Approving Parcel Map 2927 for Boundary Line Adjustment of APN 020-060-040-000 for the Michael & Barbara Donatelli Family Trust and APN 020- 020-040-501 for City of Jackson.
k. Resolution No. 2024-35 Approving the First Amendment to Solid Waste Franchise Transfer Agreement, Aces Waste Management to Delta Container. l. AMENDED Resolution No. 2023-26 Setting a Tax Related Appropriation Limit in Compliance with Article XIIIB of the Constitution of the State of California for Fiscal Year 2023-24.
m. AMENDED Resolution No. 2024-19 Setting a Tax Related Appropriation Limit in Compliance with Article XIIIB of the Constitution of the State of California for Fiscal Year 2024-25.
n. Approval of License Agreement with Amador County Recreation Agency (ACRA) for use of the Scout Hut.
o. Resolution No. 2024-36 Awarding the Construction Contract for the Elizabeth Street Sewer Project to Express Sewer & Drain, Inc.
p. Approval of Special Event Permit Application – American Legion Post 108 Veterans’ Day Parade on November 11, 2024.
q. Approval of award to Mann’s Heating & Air Conditioning to replace HVAC unit at the Wastewater Treatment Plant.
Motion to approve the Consent Calendar dated October 14, 2024 as presented. Moved by Councilmember Stimpson, seconded by Vice Mayor Simmons, and carried by a 3 to 0 vote:
AYES: McLean, Simmons, Stimpson
NOES: None
ABSENT: Godde, Gonsalves
ABSTAIN: None
October 14, 2024 City Council Meeting Minutes
5. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
Public Works Superintendent, Bree Wilder – The sewer bid approved for Elizabeth Street will also take care of another issue in a backyard on Gordon Place. Provided an update on the sewer spill on Broadway on 10/2/24, which was 100% contained, and thanked Fire Chief Pidgeon and the Fire Department for their assistance. Mr. Clean Binz recently cleaned up and pressure washed along Main Street and at City Hall. Provided an update on the LSL inventory through EPA for lead sampling. He thanked Assistant PW Supt Trevor Hoaas and PW Foreman Todd Sweet for their work on this project.
Lead and Copper sampling came back good with no issues. The Sutter Street project completion has been extended again to 10/21/24.
*Paul Molinelli Jr. & Sr. from Aces Waste Services introduced Kelly Johanson from Republic Services/Delta Container. They thanked Council and City Staff for 26 years serving the City of Jackson.
Kelly Johanson/General Manager for Republic Services advised he lives in the Stockton area and is available to assist moving forward.
Fire Chief, Ryan Pidgeon – There were 178 calls for service this past month, 61% medical responses.
The crews conducted numerous in-house training events. Provided a repair status on fire engines- 6320 has another radiator issue, 6332 out of service briefly for minor repairs, and researched options to refurbish engines 6332 and 6333, which could extend their lives another 10-15 years. Hosted 75 elementary school students at Station 131 teaching fire safety (i.e.. stop/drop/roll, smoke detector safety). Taught bus fire safety (i.e.. evacuation in a smoke-filled environment, fire extinguisher) at Amador Transit today. Since his start on October 1, 2024, they have responded to some significant calls including the structure fire in Sutter Creek at the Sutter Greek restaurant.
Police Chief, Chris Mynderup – Absent.
City Attorney, Josh Nelson – No report.
City Manager, Carl P. Simpson – Thanked Fire Chief Dale Fishback and his team in the selection process for hiring Fire Chief Ryan Pidgeon.
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 – Absent.
Councilmember Godde – Absent.
Councilmember Stimpson – Upcoming meeting with the Air District. Announced he is moving outside of city limits and will be stepping down from Council at the end of October 2024.
October 14, 2024 City Council Meeting Minutes
Vice Mayor Simmons – Attended pancake breakfast at the fire station, and then assisted Keeping Jackson Beautiful with some weed abatement north of Rollingwood Estates. Presented at the Businessperson of the Year award for Ron & Marie Regan. Attended the Purple Tie Gala over the weekend.
Mayor McLean – Attended Chamber of Commerce mixer at the Amador Flower Farm, Archway Project kick-off meeting and they will be presenting to Council sometime soon. Attended ACTC/ATC meeting, a Chamber of Commerce meeting, and Beatification Committee meeting. Has been representing the Native Sons of the Golden West all over the state, and recently presented a check for $70k to the Children’s Hospital to support treatment for children born with cleft pallet.
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, Engineer’s update and discuss the Mattley Hillside Repair Project, the use of SB1 funds, and possibly direct staff to solicit a design built geotechnical firm to make the necessary repairs to the hillside. [Matt Ospital, Contract Engineer/WGA] -MOVED FROM ITEM 7CMatt Ospital/WGA introduced Daniel Vieira/Chief Engineering Geologist from Access Limited Construction to present some additional options for repairing the Mattley Hillside.
Mayor McLean opened the item for council discussion.
Mayor McLean inquired about plans for the areas to the North and South of the repair site and whether the $562k covers these areas. Mr. Vieira advised the bid was for the repair site area only (approx. 2700 sq. ft. and nearby identified failure area supporting the primary stabilization of the slope internally with soil nails to prevent deeper slides that could take out the road and a finished option of shotcrete providing sufficient protection to erosion, with a rough gun finish/similar to a popcorn ceiling texture.
For a more pleasing visual aesthetic, an additional two layers can be added (optional) to the shotcrete surface and sculpt and stain it to an architectural finish.
Councilmember Stimpson asked the length of the soil nails and Mr. Vieira advised they are hollow bar soil nails 20 feet in length and additional details regarding how this supports the structural integrity.
Vice Mayor Simmons inquired about plans for drainage near the South side of the repair site where there is additional vegetation so it does not undermine the repairs made. PW Supt Wilder advised there is a drain at this location and the berm will be built up more at the top. VM Simmons discussed additional vegetation options that may be considered.
(Additional details including repair plans and costs are included within memo in the agenda packet for this item.)
October 14, 2024 City Council Meeting Minutes
Matt Ospital advised city staff is seeking direction from Council on how they would like to move forward on the project.
Mayor McLean asked for public comments and received one question (could not make out who made the comment from the recording) regarding whether the improved visual aesthetics are being approved at this time and Vice Mayor Simmons advised only the structural portion will be included at this time.
Mayor requests a motion.
Motion to approve posting of an RFP for the Mattley Hillside repair project, dated October 14, 2024 as presented. Moved by Councilmember Stimpson, seconded by Vice Mayor Simmons, and carried by a 3 to 0 vote:
AYES: McLean, Simmons, Stimpson
NOES: None
ABSENT: Godde, Gonsalves
ABSTAIN: None
b. Receive, discuss, and provide direction regarding (verbal) report from the Homeless Outreach Coordinator regarding the City’s response to homeless issues. [Christine Platt] Christine stated two people were moved into permanent housing, due to joint efforts between Adult Protective Services, VA and Social Services. Showers are still running, with assistance from Jim (present in the audience). Asst Homeless Outreach Coordinator Brittney Pettinichio has accepted another job and will stay on to assist on an on-call basis for the time being as they decide whether to replace her part-time position.
Mayor McLean opened the item for council discussion.
Vice Mayor Simmons inquired about the unhoused woman who was arrested for starting the fire at the property behind the Amador Hospital. Christine advised the woman is in jail and she had multiple encounters with this individual prior to the fire and connected her with resources numerous times, there may be mental health issues. All the homeless individuals are on her radar in this community and she continues to utilize the resources available to her to work with these folks.
Mayor McLean inquired if this individual is in our jail. Christine advised those who are arrested go to jail within the jurisdiction where they are arrested rather than where they lived prior to showing up here.
Vice Mayor Simmons inquired whether individuals using the showers are utilizing the resources and help offered in return for using the showers. Christine advised the showers are not dependent on any person’s willingness to take advantage of resources or not but are there to fulfill a basic need to clean themselves. While there may be service resistant individuals in our community, there is not sufficient housing to address their homelessness. They make every effort to remove as many barriers that prevent them from moving forward, such as obtaining identification, getting to court, connecting with benefits such as social security or Medicare for which they are qualified.
Mayor McLean asked for public comments and received none.
October 14, 2024 City Council Meeting Minutes
c. Discuss and provide direction on the Economic Development Committee’s 2024 Christmas Decorating competitions and possible request for TOT funds. [Erika Simmons & Wayne Garibaldi, EDC members]
Resolution No. 2024-32 Establishing a Christmas Tree Decorating Contest Sponsored by Local Non-Profit Agencies & Providing for the Donation of Decorated Trees to Families in Need.
Resolution No. 2024-33 Establishing a Christmas Lights Decoration Contest and Providing for the Rules and Procedures Thereof. Flyer, entry form and sample interactive lights map.
Erika Simmons and Wayne Garibaldi introduced the two competitions presented by the Economic Development Committee to boost holiday spirits in Jackson, requested access to post on the City’s Facebook page, and requested financial support of $500 of TOT funds to support marketing of the contests. Wayne thanked Erika Simmons and Carleen Kirkpatrick for all their support in preparation for these contests.
(Details about both competitions are included in the Council packet for review.) Mayor McLean opened the item for council discussion. Councilmember Stimpson advised they could do a little better than $500 to support these competitions. Council discussed and agreed to leave the funds at discretion of City Manager Carl Simpson.
Mayor McLean asked for public comments and received none.
City Attorney Josh Nelson requested Council to consider one change Resolution No. 2024-33 on the third page, to include “except as required by law” to read as follows: “Personal information such as names and contact information will not be shared publicly, except as required by law”.
Mayor requests a motion.
Motion to approve Resolution No. 2024-32 Establishing a Christmas Tree Decorating Contest Sponsored by Local Non-Profit Agencies & Providing for the Donation of Decorated Trees to Families in Need, and Resolution No. 2024-33 Establishing a Christmas Lights Decoration Contest and Providing for the Rules and Procedures Thereof (as amended by City Attorney Nelson), and granting access to Erika Simmons to access and post about these competitions on the City Facebook page, dated October 14, 2024 as presented. Moved by Vice Mayor Simmons, seconded by Councilmember Stimpson, and carried by a 3 to 0 vote:
AYES: McLean, Simmons, Stimpson
NOES: None
ABSENT: Godde, Gonsalves
ABSTAIN: None
October 14, 2024 City Council Meeting Minutes
d. Discussion on the regular City Council meeting time. [Tabled for a future meeting with all Council members present.]
8. REGULAR MEETING ADJOURNMENT.
Mayor McLean adjourned the meeting at 7:30 p.m. to 6:30 p.m. on October 28, 2024.
ATTEST:
__________________________________ __________________________________ John Georgette, City Clerk Date Approved
Item 5b
MEMORANDUM
To: Honorable Mayor and Members of City Council
From: Christopher Mynderup, Chief of Police
Date: October 23, 2024
Subject: Special Event Permit Approval – Christmas Delights Recommendation
That City Council approves the Special Event Permit submitted by HJBA Secretary, Stacy Landreth for the 2024 Historic Main Street Christmas Delights. A current Certificate of Liability for this event has been filed with the City of Jackson.
Discussion
This event will take place on Friday November 29th and Saturday November 30th, 2024, from the hours of 6:00 p.m. to 9:00 p.m. (Street Closures at 5:00 p.m.). The location of this event will be Historic Main Street.
Street Closures
Historic Main Street will be closed for vehicle traffic, from Broadway and Water Street to the north prolongation of North Street. The Highway 49 and Main Street intersection will be closed to vehicle traffic. Court and California Streets will be closed along the west curb line prolongation of Summit Street.
Conclusion
The Jackson Police Department will provide traffic control as well as event foot patrols, which will consist of full time, reserve, and volunteer staff. The city’s light trailer will be placed on Highway 49 in front of the Busi Lot to illuminate the crosswalk for pedestrians attending the event. Historically, this event has had no negative impacts and is a wonderful way to highlight our small-town holiday charm.
Item 5c
� GREA'J)lM
INSURANCE
ERJC
GROUP
AJv.
Administrative Offices
301 E 4th Street
Cincinnati OH 45202-4201
513 369 5000 ph
CERTIFICATE OF COVERAGE
F.36270 (Ed. 05/18)
This certificate of coverage, together with the attached master policy and any endorsement(s) constitute the policy issued to the Certificate Holder. Any coverage listed below is subject to the terms, conditions and limitations set forth below and in the master policy referenced.
POLICYHOLDER NAME AND ADDRESS:
Sports and Recreation Providers Association
1776 South Naperville Road, Building B
Wheaton IL 60189
CERTIFICATE HOLDER NAME AND ADDRESS:
Historical Jackson Business Association
165 MAIN ST
JACKSON, CA 95642-2323
DESCRIPTION OF OPERATIONS:
Christmas Delights Celebration
ITEM 1. COVERAGE PERIOD: Effective: 11/29/2024 To: 11/30/2024 At 12:01 A.M. Standard Time at The Address of the Certificate Holder CERTIFICATE NUMBER: GAS154125
ITEM2. INSURER
INSURER
Great American Insurance Company
MASTER POLICY NUMBER
PAC4725036
ITEM3. AGENTS NAME AND ADDRESS
Francis L. Dean & Associates, LLC
12800 University Drive, Suite 125
Fort Myers, FL 33907
ITEM4. SCHEDULE OF CHARGES
Total Premium (If Applicable):
Premium: $483.00 Charged By Insurance Company
Disclosure Regarding Shared Llmlte. Members Do Not Share Limits And Each Member Is Provided Vllilh Its Own Polley &/Or Certificate of Coverage.
Dlaclosure Pursuant To Federal Law Regarding Purchasing Groups [IJ.S.C.1& 3901, Et Seq.J PG la A "Purchasing Group; As DeHned Under Federal Law, Formed To Purchaso Liablllty lnsuranco On A Group Basis For Its Members To Cover The Similar Or Related LlabUlty Exposure(s) To Which The Members Of PG Are Exposed By Virtue Of Their Related, Slmllar. Or Common Business Or Service. Members Do Not Share Lfmlts And Each Member Is Provided With Its Own Polley &/Or Certlflcate of Coverage.
ITEMS.
F.36270 (Ed. 5/18)
SCHEDULE OF CASUAL TY COVERAGE AND LIMITS OF INSURANCE:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
General Aggregate Limit (Other Than Products Completed Operations) Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Damage to Premises Rented to You Limit
Medical Expenses Limit
LIQUOR LIABILITY COVERAGE FORM
Aggregate Limit
Each Common Cause Limit
$2,000,000.00
$2,000,000.00
$1,000,000.00
$1,000,000.00
$300,000.00 (Any One Premises)
$10,000 (Any One Peraon)
Not Covered
Not Covered
ITEM6.
ABUSE OR MOLESTATION COVERAGE FORM
Aggregate Limit
Each Act of Abuse
PROFESSIONAL LIABILITY
Aggregate Limit
Each Act, Error or Omission
HIRED AND NON-OWNED AUTO
Liability Limit
MASTER POLICY FORMS & ENDORSEMENT SCHEDULE
lntarllna Business Fonns and Endorsement Schadula:
IL 70 01 Business PRO Polley Common Dec
IL 00 17 Common Polley Conditions
IL 00 21 Nuclear Energy Llablllty Exclusion
IL 01 18 llllnols Changes
IL 01 47 Illinois Changes -Clvll Union
IL 01 62 Illinois Changes -Defense Costs
IL 02 84 Illinois Changes-Cancellatlon and Nonrenewal
IL 70 69 Exclusion -Asbestos
IL 71 25 Named Insured Endorsement
IL 72 68 In Witness Clause
IL 72 73 Loss Prevention Services
IL 73 24 Global Sanction Endorsement
IL 73 68 Disclosure Pursuant to Terrorism Risk Insurance Act IL 74 05 Risk Purchasing Group Endorsement
Commarclal General Llablllty Coverage Fonn
CG 74 00 General Llablllty Declaration Page
CG 00 01 General Liablllty Coverage Form
CG 02 00 Illinois Changes - Cancellatlon and Nonrenewal CG 20 01 Primary and Noncontr!butory - Other Insurance Condition CG 21 01 Exclusion - Athletlc or Sports Participants
Not Covered
Not Covered
$1,000,000.00
$1,000,000.00
Not Covered
CG 21 06 Exclusion - Access or Disclosure of Confidenllal or Personal Information encl Data-Related Liability-With Limited Bodily Injury Exception
CG 21 47 Employment Related Practices Exclusion
CG 21 50 Amendment of Liquor Liablllty Exclusion
CG 21 67 Fungi or Bacteria Exclusion
CG 21 71 Exclusion of Other Acts of Terrorism Committed Outside the United States; CAP on Losses from Certified Acts of Terrorism CG 21 76 Exclusion of Punitive Damages Related to Terrorism CG 24 26 Amendment of Insured Contract Definition
CG 74 01 Supplemental Schedule
CG 77 94 Exclusion-Liability Arising Out of Lead
CG 82 24 Social Service Agency General Llablllty Broadening Endorsement CG 83 61 SIiica or Related Oust Exclusion
CG 83 66 Nuclear, Blologlcal, or Chemical Exclusion
CG 90 82 Exclusion - Professlonal Services
CG 90 83 Exclusion - Abuse, Molestation, Harassment or Sexual Conduct CG 91 26 Increased Deductlble for Injuries to Certain Participants CG 91 27 Failure to Provide Wavier and Release Subllmlt CG 91 48 Designated Special Events, Operations or Locations Exclusion CG 91 49 Limitation of Coverage to Designated Operations or Locations CG 91 69 Medical Payments at Your Request Endorsement
CG 92 22 Exclusion - Organic Pathogens
Professional Llablllty Coverage
CG 87 11 Professional Liablllty Declarallons
CG 87 10 Professional Llablllty Coverage
CG 87 21 llllnols Changes
ITEM7. IMPORTANT COVERAGE NOTES & ADDITIONAL TERMS, CONDITIONS & EXCLUSIONS:
F.36270 (Ed. 5/18) Page 2 of 3
Item 5d
Resolution No. 2024-38
A Resolution of the City Council of the City Of Jackson Accepting the Completion of Public Improvements for the Scout Hut Upgrade Project, and Filing a Notice of Completion
and Authorizing Recordation Therefore
WHEREAS, the contractor of work, Mann’s Heating & Air, completed all work according to the plans and specifications on August 20, 2024; and
WHEREAS, the improvements consisted of removal and replacement of two air conditioning units at the Scout Hut Building; and
WHEREAS, the improvements have been completed to the satisfaction of the City Engineering Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson does hereby accept the completed public improvements and authorizes the City Clerk to file a Notice of Completion with the Amador County Recorder.
The foregoing resolution was duly passed and adopted by the City Council of the City of Jackson at a regular meeting on the 28th day of October, 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF JACKSON
______________________________________
Steve McLean, Mayor
ATTEST:
______________________________________
John Georgette, City Clerk
CITY OF JACKSON
OFFICE OF THE CITY ENGINEER
_______________________________
When recorded, mail to:
City Manager
City of Jackson
33 Broadway
Jackson, CA 95642
NOTICE OF COMPLETION
CITY OF JACKSON
NOTICE IS HEREBY GIVEN of the completion of a Work of Improvement as follows:
Date of Completion: August 20, 2024
Name and Address of the Owner: City of Jackson, 33 Broadway, Jackson, CA 95642 Nature of the Interest or Estate of the Owner: Owner in fee simple.
Description of the Site: City of Jackson, Scout Hut Upgrade Project Name and Address of the Contractor for the above Work of Improvement: Mann’s Heating and Air, P.O. Box 895, Plymouth, CA 95669.
General Statement of Kind of Work Done or Materials Furnished: Installation of new air conditioning units at Scout Hut building.
CITY OF JACKSON – OWNER
By____________________________________
Carl P. Simpson, City Manager
CARL P. SIMPSON declares:
I am the City Manager of the City of Jackson, the municipal corporation that executed the foregoing notice as owner of the aforesaid interest or estate in the property therein described; that I make this verification on behalf of said municipal corporation; that I have read this Notice of Completion and know the contents thereof, and that the facts stated therein are true.
I declare under penalty of perjury that the foregoing is true and correct. Executed at Jackson, California this ____ day of October 2024.
_______________________________________
Carl P. Simpson, City Manager
City of Jackson
Council Meeting Memorandum
Monday, October 28, 2024 – 6:30 PM Regular Meeting
To: The Honorable Mayor and Members of the City Council Date: October 21, 2024
From: Trevor Hoaas, Assistant Public Works Superintendent Agenda Item #8a: Public Hearing: Consideration of Sewer Rate Increases and possible adoption of Resolution No. 2024-37 Setting Sanitary Sewer Service Charges
Recommendation:
That City Council adopt Resolution No. 2024-37.
Discussion:
The City last updated its Sanitary Sewer Rates in 2018. In 2023, the City opted not to increase the rates but to begin the process of updating its existing rates.
In January 2024, the City hired Hildebrand Consulting, LLC to prepare a financial plan update using the City’s existing sanitary sewer rate structure. The financial plan update looked at existing revenues, expenses, reserve targets, and debt. The Study concluded that a 3% annual increase was needed to cover rising costs (inflation) and an updated Capital Improvement Plan.
This proposed increase will help to keep the City’s Sanitary Sewer System in good financial standing, as well as fund needed improvements to continue providing satisfactory service to customers. The Study has been available for review at City Hall and could be found in the September 11th, 2024 City Council meeting packet which is posted on the City website at www.ci.jackson.ca.us under “City Clerk & Records” in the Government tab on the main page.
On September 11th, 2024, City Council directed staff to begin the Prop 218 process. On September 12th, 2024 staff mailed out 2400 letters notifying sanitary sewer customers and property owners of the rate increase. Per Prop 218 requirements, customers and affected property owners shall have at least 45 days to submit written protests prior to the public hearing.
Attached is a copy of the 218 notice. The required comment period ends on October 28th, 2024.
To date, we have received 6 protest letters. Unless the City receives 1,201 protest letters (which
Item 8a
is equal to 50% plus one of the Prop 218 letters sent) by the hearing time on October 28th, 2024, the City Council can proceed with adopting the proposed rate increases.
Should the Council adopt the resolution to enable the proposed rates, the new rates will become effective December 1st, 2024. Customers will see the new rates in their November bill.
Attachments:
1. Resolution No. 2024-37
2. Proposed Sanitary Sewer Service Charges
CITY OF JACKSON
NOTICE OF PUBLIC HEARING
PROPOSED ADJUSTMENTS TO RATES FOR SEWER RATES
You are receiving this letter because you are either a City of Jackson (City) sewer customer or you own or rent property that is receiving sewer services from the City. The City is committed to providing safe and reliable sewer services and we have been making every effort to control expenses and keep sewer rates down. Nevertheless, the City’s 2024 Sewer Financial Plan report has concluded that continuous rate adjustments are necessary in order to keep pace with inflation. This letter is being provided as a notification of proposed sewer rate increases.
NOTICE IS HEREBY GIVEN that the City of Jackson will hold a Public Hearing on October 28, 2024 at 6:30 p.m. in the City Council Chambers, located at 33 Broadway, Jackson, CA, to consider the adoption of adjustments to sewer service rates applicable to the parcel for which you are shown as the record owner or customer of record. The rate adjustment proposed to be imposed on your parcel (or to you as a direct customer) and the basis upon which it was calculated is described in more detail below.
The purpose of the hearing is to consider all written protests against the rate adjustments. As the record owner or customer of record of a parcel identified to be subject to the imposition of the proposed rate adjustment, you may submit a written protest against the proposed rate adjustments. However, if the identified parcel has more than one record owner and/or customer of record, only one written protest will be counted. Each protest must (1) be in writing; (2) state that you are opposed to the specific rate adjustments 3) provide the location of the identified parcel (by assessor's parcel number or street address); and (4) include the original signature of the record owner or customer of record submitting the protest. Protests submitted by e-mail, facsimile, or other electronic means will not be accepted.
Oral comments at the public hearing will not qualify as formal protests unless accompanied by a written protest. Written protests may be submitted by mail or hand-delivered to the City Clerk, City of Jackson, at 33 Broadway, Jackson, CA 95642, or in person at the public hearing, so long as they are received prior to the conclusion of the public hearing on October 28, 2024. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, that the enclosed letter is for the public hearing on the sewer rate adjustment.
If at the close of the public hearing, written protests against the proposed rate adjustment are not presented by a majority of the record owners or customers of record of the identified parcels upon which they are proposed to be imposed, the City Council may adopt the proposed rate adjustment to the sewer rates. If Council approves the rate adjustments for five years, the first rate adjustment will occur on November 1, 2024, and annually thereafter each July 1 up to and through July 1, 2028.
Proposed 5-Year Schedule of Sewer Rates for the City of Jackson Any legal challenge to the new water rates will be subject to the 120-day statute of limitations set forth in Government Code section 53759.
Current
November 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Residential
Step 1: Baseline O&M $29.61 $30.50 $31.42 $32.36 $33.33 $34.33 Step 2: Capital & Reserves $3.85 $3.97 $4.09 $4.21 $4.34 $4.47 Step 3: New Dept Service $7.38 $7.60 $7.83 $8.06 $8.30 $8.55 Total Fixed Charge $40.84 $42.07 $43.34 $44.63 $45.97 $47.35 Variable Charge (per HCF) $5.26 $5.42 $5.58 $5.75 $5.92 $6.10 Commercial
Group 1
Step 1: Baseline O&M $52.68 $54.26 $55.89 $57.57 $59.30 $61.08 Step 2: Capital & Reserves $6.89 $7.10 $7.31 $7.53 $7.76 $7.99 Step 3: New Dept Service $13.24 $13.64 $14.05 $14.47 $14.90 $15.35 Total Fixed Charge $72.81 $75.00 $77.25 $79.57 $81.96 $84.42 Variable Charge (per HCF) $5.41 $5.57 $5.74 $5.91 $6.09 $6.27 Group 2
Step 1: Baseline O&M $101.41 $104.45 $107.58 $110.81 $114.13 $117.55 Step 2: Capital & Reserves $13.82 $14.23 $14.66 $15.10 $15.55 $16.02 Step 3: New Dept Service $26.53 $27.33 $28.15 $28.99 $29.86 $30.76 Total Fixed Charge $141.76 $146.01 $150.39 $154.90 $159.54 $164.33 Variable Charge (per HCF) $6.43 $6.62 $6.82 $7.02 $7.23 $7.45 Group 3
Step 1: Baseline O&M $608.36 $626.61 $645.41 $664.77 $684.71 $705.25 Step 2: Capital & Reserves $83.15 $85.64 $88.21 $90.86 $93.59 $96.40 Step 3: New Dept Service $159.57 $164.36 $169.29 $174.37 $179.60 $184.99 Total Fixed Charge $851.08 $876.61 $902.91 $930.00 $957.90 $986.64 Variable Charge (per HCF) $6.51 $6.71 $6.91 $7.12 $7.33 $7.55 Group 4
Step 1: Baseline O&M $192.06 $197.82 $203.75 $209.86 $216.16 $222.64 Step 2: Capital & Reserves $28.32 $29.17 $30.05 $30.95 $31.88 $32.84 Step 3: New Dept Service $54.35 $55.98 $57.66 $59.39 $61.17 $63.01 Total Fixed Charge $274.73 $282.97 $291.46 $300.20 $309.21 $318.49 Variable Charge (per HCF) $10.30 $10.61 $10.93 $11.26 $11.60 $11.95 Group 5
Step 1: Baseline O&M $2,322.04 $2,391.70 $2,463.45 $2,537.35 $2,613.47 $2,691.87 Step 2: Capital & Reserves $344.83 $355.17 $365.83 $376.80 $388.10 $399.74 Step 3: New Dept Service $661.80 $681.65 $702.10 $723.16 $744.85 $767.20 Total Fixed Charge $3,328.67 $3,428.52 $3,531.38 $3,637.31 $3,746.42 $3,858.81 Variable Charge (per HCF) $10.91 $11.24 $11.58 $11.93 $12.29 $12.66 Group 6
Step 1: Baseline O&M $3,750.39 $3,862.90 $3,978.79 $4,098.15 $4,221.09 $4,347.72 Step 2: Capital & Reserves $542.99 $559.28 $576.06 $593.34 $611.14 $629.47 Step 3: New Dept Service $1,042.11 $1,073.37 $1,105.57 $1,138.74 $1,172.90 $1,208.09 Total Fixed Charge $5,335.49 $5,495.55 $5,660.42 $5,830.23 $6,005.13 $6,185.28 Variable Charge (per HCF) $9.03 $9.30 $9.58 $9.87 $10.17 $10.48 Group 7
Step 1: Baseline O&M $206.71 $212.91 $219.30 $225.88 $232.66 $239.64 Step 2: Capital & Reserves $26.86 $27.67 $28.50 $29.36 $30.24 $31.15 Step 3: New Dept Service $51.54 $53.09 $54.68 $56.32 $58.01 $59.75 Total Fixed Charge $285.11 $293.67 $302.48 $311.56 $320.91 $330.54 Variable Charge (per HCF) $5.26 $5.42 $5.58 $5.75 $5.92 $6.10 Proposed
Resolution No. 2024-37
A Resolution of the City Council of the City of Jackson Setting Sanitary Sewer Service Charges
WHEREAS, the City of Jackson (“City”) operates a sanitary sewage collection and treatment system for public health purposes under operation and funding rules set forth by the California Regional Water Quality Control Board, performance requirements set forth within the Waste Discharge Permit and Section 13.24.010 of the Jackson Municipal Code; and WHEREAS, the City retained Hildebrand Consulting (“Hildebrand”), an independent fee consultant, to prepare a 2024 Sewer Financial Plan (the “Study”) to determine the rates necessary to meet the cost of providing the sewer services provided by the City, and a copy of the Study has been made available and remains available for public inspection at the office of the City Clerk and is incorporated herein by this reference; and
WHEREAS, based on the findings set forth in the Study, the City has determined that it is necessary to impose rate increases for its sewer service charges (collectively, the “Sewer Service Charges” or “Charges”) to keep pace with inflation, to pay for operating and maintenance expenses, to pay for debt service, build sewer fund reserves, and to cover increases for capital projects for sewer system infrastructure reinvestment; and WHEREAS, the Sewer Service Charges are based on projected inflation at a rate of three percent (3%) each year; and
WHEREAS, the Sewer Service Charges are designed to recover the costs of providing sewer service to the City’s customers, and are imposed on customers based on customer class; and WHEREAS, the City has established two customer classes for sewer service: Residential and Commercial; and
WHEREAS, Sewer Service Charges for customers are based on strength and flow of wastewater, and the varying demands placed on the City’s sewer system; and WHEREAS, Sewer Service Charges for Residential customers include a monthly fixed charge to recover costs associated with the operation and maintenance of sewer collection and a volumetric rate to recover the variable costs of treatment and disposal of wastewater, with the fixed rate based on the number of dwelling units served by the sewer connection and the variable rate applied to each hundred cubic feet (“HCF”) of water use; and WHEREAS, Sewer Service Charges for Commercial customers are separated into seven groups and include a monthly fixed charge for each account and a volumetric rate applied to each HCF of water use; and
2 WHEREAS, the Charges are proposed to take effect on December 1, 2024, and to be increased in accordance with the maximum amounts set forth in Exhibit “A” hereto each July 1 thereafter, through and including July 1, 2028; and
WHEREAS, in accordance with Article XIII D, Section 6 of the California Constitution, the City provided written notice by mail to the customer and property owner of each parcel receiving sewer service upon which the rate increases will be imposed; and WHEREAS, not less than 45 days after mailing the notice described above, the City Council held a public hearing to consider the proposed rate increases, to consider public input and to determine whether a majority of affected ratepayers protested the proposed rate increases, and determined that no such majority protest was made; and
WHEREAS, as set forth in the Study, staff reports and other oral and written evidence provided to the City Council, the proposed Charges do not exceed the cost to the City for providing the service for which the fees and charges are imposed.
NOW, THEREFORE, BE IT RESOLVED by the City Council as follows:
SECTION 1. Recitals. The City Council hereby incorporates by reference the recitals of this Resolution.
SECTION 2. Charges. The City Council hereby adopts the maximum Sewer Service Charges and on the effective dates set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
SECTION 3. Inconsistency with Other Charges. To the extent the Charges established by this Resolution are inconsistent with any other fee or charge previously adopted by the City Council, it is the explicit intention of the City Council that the Charges adopted pursuant to this Resolution shall prevail.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Resolution, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 5. CEQA. The City Council finds that the administration, operation, maintenance, and improvements of the City’s water and sewer systems, which are to be funded by the Charges as set forth herein, are necessary to maintain sewer service within the City’s existing service areas as described herein. The City Council further finds that the administration, operation, maintenance and improvements of the City’s sewer systems, to be funded by the Charges, will not expand the City’s sewer systems. The City Council further finds that the adoption of the rates for the Charges is necessary and reasonable to fund the administration, operation, maintenance and improvements of the City’s sewer systems. Based on these findings, the City Council determines that the adoption
3 of the Charges established by this Resolution are exempt from the requirements of the California Environmental Quality Act pursuant to section 21080(b)(8) of the Public Resources Code and section 15273(a) of the State CEQA Guidelines. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City’s offices, 33 Broadway, Jackson, CA 95642.
SECTION 6. Further Action. The City Council authorizes the City Manager, and other City staff members as designated by the City Manager or the Jackson Municipal Code, to take all actions necessary to effectuate the intent of this Resolution and to implement the Charges adopted pursuant to this Resolution.
SECTION 7. Effective Date. This Resolution shall take effect and be in full force and effect upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Jackson this 28th day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Steve McLean, Mayor
ATTEST:
John Georgette, City Clerk
4 Exhibit A
Sewer Service Charges
Proposed 5-Year Schedule of Sewer Rates for the City of Jackson Any legal challenge to the new water rates will be subject to the 120-day statute of limitations set forth in Government Code section 53759.
Current
November 1,
2024
July 1,
2025
July 1,
2026
July 1,
2027
July 1,
2028
Residential
Step 1: Baseline O&M $29.61 $30.50 $31.42 $32.36 $33.33 $34.33 Step 2: Capital & Reserves $3.85 $3.97 $4.09 $4.21 $4.34 $4.47 Step 3: New Dept Service $7.38 $7.60 $7.83 $8.06 $8.30 $8.55 Total Fixed Charge $40.84 $42.07 $43.34 $44.63 $45.97 $47.35 Variable Charge (per HCF) $5.26 $5.42 $5.58 $5.75 $5.92 $6.10 Commercial
Group 1
Step 1: Baseline O&M $52.68 $54.26 $55.89 $57.57 $59.30 $61.08 Step 2: Capital & Reserves $6.89 $7.10 $7.31 $7.53 $7.76 $7.99 Step 3: New Dept Service $13.24 $13.64 $14.05 $14.47 $14.90 $15.35 Total Fixed Charge $72.81 $75.00 $77.25 $79.57 $81.96 $84.42 Variable Charge (per HCF) $5.41 $5.57 $5.74 $5.91 $6.09 $6.27 Group 2
Step 1: Baseline O&M $101.41 $104.45 $107.58 $110.81 $114.13 $117.55 Step 2: Capital & Reserves $13.82 $14.23 $14.66 $15.10 $15.55 $16.02 Step 3: New Dept Service $26.53 $27.33 $28.15 $28.99 $29.86 $30.76 Total Fixed Charge $141.76 $146.01 $150.39 $154.90 $159.54 $164.33 Variable Charge (per HCF) $6.43 $6.62 $6.82 $7.02 $7.23 $7.45 Group 3
Step 1: Baseline O&M $608.36 $626.61 $645.41 $664.77 $684.71 $705.25 Step 2: Capital & Reserves $83.15 $85.64 $88.21 $90.86 $93.59 $96.40 Step 3: New Dept Service $159.57 $164.36 $169.29 $174.37 $179.60 $184.99 Total Fixed Charge $851.08 $876.61 $902.91 $930.00 $957.90 $986.64 Variable Charge (per HCF) $6.51 $6.71 $6.91 $7.12 $7.33 $7.55 Group 4
Step 1: Baseline O&M $192.06 $197.82 $203.75 $209.86 $216.16 $222.64 Step 2: Capital & Reserves $28.32 $29.17 $30.05 $30.95 $31.88 $32.84 Step 3: New Dept Service $54.35 $55.98 $57.66 $59.39 $61.17 $63.01 Total Fixed Charge $274.73 $282.97 $291.46 $300.20 $309.21 $318.49 Variable Charge (per HCF) $10.30 $10.61 $10.93 $11.26 $11.60 $11.95 Group 5
Step 1: Baseline O&M $2,322.04 $2,391.70 $2,463.45 $2,537.35 $2,613.47 $2,691.87 Step 2: Capital & Reserves $344.83 $355.17 $365.83 $376.80 $388.10 $399.74 Step 3: New Dept Service $661.80 $681.65 $702.10 $723.16 $744.85 $767.20 Total Fixed Charge $3,328.67 $3,428.52 $3,531.38 $3,637.31 $3,746.42 $3,858.81 Variable Charge (per HCF) $10.91 $11.24 $11.58 $11.93 $12.29 $12.66 Group 6
Step 1: Baseline O&M $3,750.39 $3,862.90 $3,978.79 $4,098.15 $4,221.09 $4,347.72 Step 2: Capital & Reserves $542.99 $559.28 $576.06 $593.34 $611.14 $629.47 Step 3: New Dept Service $1,042.11 $1,073.37 $1,105.57 $1,138.74 $1,172.90 $1,208.09 Total Fixed Charge $5,335.49 $5,495.55 $5,660.42 $5,830.23 $6,005.13 $6,185.28 Variable Charge (per HCF) $9.03 $9.30 $9.58 $9.87 $10.17 $10.48 Group 7
Step 1: Baseline O&M $206.71 $212.91 $219.30 $225.88 $232.66 $239.64 Step 2: Capital & Reserves $26.86 $27.67 $28.50 $29.36 $30.24 $31.15 Step 3: New Dept Service $51.54 $53.09 $54.68 $56.32 $58.01 $59.75 Total Fixed Charge $285.11 $293.67 $302.48 $311.56 $320.91 $330.54 Variable Charge (per HCF) $5.26 $5.42 $5.58 $5.75 $5.92 $6.10 Proposed
82201.00000\42717604.1
Ordinance No. 731
An Ordinance of the City Council of the City of Jackson Amending Sections 8.28.020 and 8.28.030 of Chapter 8.28 of Title 8 of the Jackson Municipal Code to Related to
Encampments within the City Limits
WHEREAS, the City Council of the City of Jackson (“City”) finds that the City has a legitimate and compelling interest in protecting the public health, welfare, and safety of its residents, as well as preserving the same within the City and other public property; and WHEREAS, persons erecting encampments, living in parked vehicles, and camping on property owned or controlled by the City impact public health and safety, pose a risk of damage to certain environmentally sensitive areas, and inhibit the rights of others to fully use public areas as they are intended; and
WHEREAS, the Supreme Court of the United States (SCOTUS) has since decided City of Grants Pass, Oregon v. Gloria Johnson (2024) 144 S.Ct. 2202 (Grants Pass) and held that the enforcement of applicable laws regulating camping on public property does not constitute cruel and unusual punishment prohibited by the Eighth Amendment; and WHEREAS, SCOTUS, in Grants Pass, also abrogated Martin v. City of Boise (9th Cir. 2019) 920 F.3d 584, 617, which had prohibited enforcement of camping bans when shelter beds are available; and
WHEREAS, in light of SCOTUS’s decision in Grants Pass, the City desires to amend its camping ordinance to allow enforcement of the camping ordinance without regard to shelter bed status.
The City Council of the City of Jackson does hereby ordain as follows:
SECTION 1. Recitals. The above recitals are true and correct and hereby incorporated into this Ordinance.
SECTION 2. Amendment. Section 8.28.020 of the Jackson Municipal Code is hereby amended in its entirety as follows:
§ 8.28.020. Definitions.
Unless it is apparent from the context that another meaning is intended, the following words, when used in this chapter, shall have the meanings respectively ascribed to them by this section:
"Camp" and "camping" mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents,
Item 8b
82201.00000\42717604.1
2 tarpaulins, temporary shelters, house trailers, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
"Camp facilities" include, but are not limited to, tents, huts, or temporary shelters. "Camp paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment. "Public property" means any publicly owned property in the city, whether improved or unimproved, including, but not limited to, the following: public alleyways, public parking lots, public passageways, public streets, public rights-of-way, publicly owned, maintained, or operated parks, publicly owned, maintained, or operated landscaped areas or greenbelts, publicly owned, maintained, or operated open spaces, including, but not limited to, public facilities or buildings of any kind, public sidewalks, curbs, and gutters, public educational institutions, or other government owned, maintained, or operated properties located within the city. "Store" means to put aside or accumulate for use when needed, to put for safekeeping, to place or leave in a location.
"Vehicle" shall be defined, for purposes of this chapter, by Section 670 of the Vehicle Code of the State of California as it now exists or may hereafter be amended.
SECTION 3. Amendment. Section 8.28.030 of the Jackson Municipal Code is hereby amended in its entirety as follows:
§ 8.28.030 Camping on public property.
A. Except as may be permitted within municipal parks and other municipal locations by the public works superintendent, or designee, it is unlawful to camp upon any public property owned by the city, including, without limitation, streets, parking structures, easements, open space, parks, dump sites, creek beds, electric utility substations, parking lots, corporation yards, Petkovich Park, Detert Park, Kennedy Tailing Wheels Park, Gold Ridge Park, Main St. between North St. and the intersection of Water St./Broadway, and the public restrooms on Highway 49.
Except as otherwise permitted under the Jackson Municipal Code, it is unlawful for any person to sleep in any vehicle parked on any public street, alley way, or parking area, or any privately owned parking area used for the parking of customers of any business enterprise without the consent of the owner of such business enterprise, except for in exigent circumstances, including, without limitation, where it would be unsafe for a driver to continuing driving, natural disasters, man-made disasters, or incidents of domestic violence. In cases of exigent circumstances, this provision shall not be enforced for twenty-four (24) hours or; in the case of natural disasters, man-made disasters, or other similar public safety emergencies, until the exigent circumstances abates.
82201.00000\42717604.1
3 SECTION 4. Repeal of Conflicting Ordinances. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance are hereby repealed.
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance in accordance with California Government Code section 36933.
SECTION 8. Effective Date. This Ordinance shall take effect thirty (30) days from and after the date of its final passage and adoption.
INTRODUCED on the 28th day of October, 2024, and PASSED AND ADOPTED by the City Council of the City of Jackson on the 12th day of November, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Steve McLean
Mayor
ATTEST:
_______________________________
John Georgette
City Clerk
APPROVED AS TO FORM:
_______________________________
Joshua Nelson
City Attorney