Jackson City Council
May 27, 2025

Jackson City Council Agenda
Tuesday, May 27, 2025 – 6:30 PM Regular Meeting
Jackson City Hall, 33 Broadway, Jackson, California 95642 Public Line (Public Line): 1-650-419-1505
Meeting ID: 302644583
Please join using this link: https://v.ringcentral.com/join/302644583 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. APPROVAL OF AGENDA.

Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54954.2 of the Government Code).

2. PUBLIC MATTERS NOT ON THE AGENDA.

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

3. CONSENT CALENDAR.

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

Any item may be removed for discussion at the request of a Council member. a. Approval of May 12, 2025 meeting minutes.
b. Approval of Expenditure Report in the amount of $974.63 (May 13, 2025), $23,750.00 (May 14, 2025), and $285,873.11 (May 22, 2025).
c. Received Homeless Outreach Coordinator monthly report for April 2025. d. Approval of Cemetery Committee’s recommendation to reappoint Jim Laughton to the Cemetery Committee for two more years upon his term expiration on 6/30/25. e. Approval of Special Events Application for Lion’s 3rd of July Fireworks Event.

4. ADMINISTRATIVE REPORTS.

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

5. COUNCIL REPORTS.

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

6. DISCUSSION CALENDAR.
a. Receive, discuss and provide direction regarding (verbal) report from Homeless Outreach Coordinator regarding the City’s response to homeless issues. [Christine Platt] b. Public Hearing: Second reading and possible adoption of Ordinance No. 733 Adding Chapter 8.36 to Title 8 of the Jackson Municipal Code Relating to Portable Storage Containers.

Jackson City Council Agenda Tuesday, May 27, 2025
c. Public Hearing: Second reading and possible adoption of Ordinance No. 735 Amending Section 17.30.100 of Title 17 of the Jackson Municipal Code Relating to Property Maintenance.
d. Introduction of new Graffiti Abatement Program [Carleen Kirkpatrick, Deputy City Clerk].
e. Discussion and possible approval of Resolution No. 2025-11 Awarding the Construction Contract for the Jackson Police Department HVAC System Improvement Project to Sub Zero HVAC Services.
f. Amador County Recreation Agency (ACRA) presentation on offered local programming. g. Receive, review and possibly approve the memorandum of understanding and accompanying resolution with Victory Village, Inc., Resolution No. 2025-12 Authorizing a Joint Application to and Participation in the Homekey+ Program for the Permanent Supportive Housing Project at 185 Placer Drive, Jackson, California.

7. REGULAR MEETING ADJOURNMENT.

Regular meeting adjournment.

8. CLOSED SESSION.

CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code § 54954.5(f)) Agency designated representatives: Carl Simpson, Josh Nelson Employee organizations (under discussion): JPFA, JPOA, SEIU

9. CLOSED SESSION ADJOURNMENT.

UPCOMING MEETINGS:

May 28, 2025 1:30 - 3 pm Economic Development Committee Meeting June 9, 2025 6:30 pm City Council Meeting
June 11, 2025 10 am Cemetery Committee Meeting
June 16, 2025 6:30 pm Planning Commission Meeting (TBD) June 23, 2025 6:30 pm City Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICE:

July 4, 2025 Independence Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.

In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax).

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Visit our website at http://ci.jackson.ca.us for previous agendas, minutes and City budget.

CITY OF JACKSON
City Council Meeting Minutes
May 12, 2025
Mayor and Council Members
Steve McLean, Mayor
Chad Simmons, Vice Mayor
Max Godde, Council Member
Connie Gonsalves, Council Member
ABSENT:

Sierra McLean, Council Member
Josh Nelson, City Attorney (remote attendance)
Staff Members:

Carl P. Simpson, City Manager
Jose Arevalos, Police Captain
Ryan Pidgeon, Fire Chief
Bree Wilder, Public Works Superintendent
Carleen Kirkpatrick, Deputy City Clerk
Mayor McLean called the meeting to order at 6:30 p.m.

PLEDGE OF ALLEGIANCE TO THE FLAG.

Mayor McLean led the Pledge of Allegiance.

1. CEREMONIAL.

PURPLE HEART CITY:
• Post Colors: (Led by MOPH Chapter or Honor Guard) - Lead by Vietnam Veteran Robert S. • Invocation: A moment for reflection and a prayer - Vietnam Veteran Robert S. • MOPH (Military Order of the Purple Heart) Remarks: Brief speech or remarks from a representative of MOPH - Purple Heart Recipient and Commander Bruce. • Presentation of the Purple Heart City plaque and formal recognition by the Military Order of the Purple Heart (MOPH); Exchange of Purple Heart City Proclamation (read at 4/28/25 Council meeting).

2. APPROVAL OF AGENDA.

Motion to approve the City Council Agenda dated May 12, 2025 as presented. Moved by Councilmember Godde, seconded by Councilmember Gonsalves, and carried by a 4 to 0 vote:

AYES: Steve McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Sierra McLean
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 3a
May 12, 2025 City Council Meeting Minutes
Duane Ven Huizen – Expressed concerns about Jackson Gate Road project in Amador County unincorporated, road conditions, proposed hotel by property owner Ron Regan, and plans to attend the Board of Supervisors meeting on 5/13/25. Handouts provided to Council and made available to the public during the meeting.

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 April 28, 2025 Meeting Minutes.
b. Approval of Expenditure Report in the amount of $61,138.83 (May 8, 2025). c. Approval of April 2025 Payroll Expenditure Report in the amount of $462,199.91. d. Receive Building Department monthly report for April 2025. e. Receive Fire Department monthly report for April 2025. f. Received Police Department monthly report for April 2025. g. Receive Quarterly Engineering Periodical Report (Jan-Mar 2025). h. Acceptance of Resolution No. 2025-05 Accepting the Completion of Public Improvements for the Elizabeth Street Sewer Project, and Filing a Notice of Completion and Authorizing Recordation Therefore.
i. Approval of Special Event Permit – Bottilleas Dinner on Main.

Motion to approve the Consent Calendar dated May 12, 2025 as presented (Councilmember Gonsalves abstain from item 4a only). Moved by Vice Mayor Simmons, seconded by Councilmember Godde, and carried by a 4 to 0 vote:

AYES: Steve McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Sierra McLean
ABSTAIN: Gonsalves (Item 4A ONLY)

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 – A 2” water line was hit by an auger today by a resident installing a fence, and was quickly fixed. Public Works is preparing for the Motherlode Cruise Car Show this weekend 5/17/25. Pre-bid meeting tomorrow morning for Police Department HVAC install project.

Fire Chief, Ryan Pidgeon – Responded to 161 calls last month, average amount. Finalizing the agreement with Abrahm’s College to allow EMT students from their program to participate in ride-alongs with our Fire Dept and gain clinical experience. We may be able to recruit new volunteers through this partnership. Participated in the Celebrate Our Children event, assisting Amador County Public Health with handing out 148 bike helmets, and 91 kids participated in the bike rodeo. A couple kids had never ridden bikes before and Fire personnel were able to teach them how which was pretty

May 12, 2025 City Council Meeting Minutes
cool. Attended a new training course through CalOES last week to help improve and hopefully maximize our reimbursements from the strike team deployments.

Police Captain, Jose Arevalos – Attended Coffee with a Cop on 5/2/25 at Shauna’s Sweets located at 250 French Bar Road, good turnout. Chief Mynderup would like to host another one in a couple of months to engage with the community a bit more.

City Manager, Carl P. Simpson – Attended the Coffee with a Cop event and supports ongoing community events of this sort moving forward, with hopes of increasing attendance.

City Attorney, Josh Nelson – Governor Newsom announced today some additional efforts related to the homeless situation statewide, including a template ordinance that would have local restrictions on longterm encampments. Jackson currently has our own version of the camping ban, which will be reviewed in comparison to the State model for any benefits or good additions we may want the Council to consider once reviewed with City Manager Simpson. Vice Mayor Simmons inquired if the template is more stringent than our current code or limit us in any way, and Nelson advised this is currently under review.

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 – The Economic Development Committee met on 4/30/25 and there are a couple items on the agenda tonight as a result. The Motherlode Cruise Car Show is this weekend ith absolutely gorgeous Chamber of Commerce weather expected. Looking forward to a great crowd and to see all the pretty cars lining Jackson Main Street and money into the City. She expressed thanks to PW Supt Bree Wilder for preparing the parking lots, and advised pre-registration for cars will begin on Friday 5/16/25 night in the Busi parking lot behind Mel and Fay’s Restaurant. She inquired with Captain Arevalos that the “no parking” signs will be placed Wednesday afternoon, and he confirmed.

Gonsalves advised they will also be in contact with L&M Automotive in case their tow truck is needed for anyone not removing their car in time from these areas. Registration will be held at the new Chamber of Commerce location on Main Street. The Fire Department will be there with the ladder truck and flag, and volunteers ready to help park cars.

Councilmember Godde – Attended to the Amador Council of Tourism meeting last Thursday and they are asking to add a 2% increase to TOT tax for business improvement at the Board of Supervisors meeting tomorrow 5/13/25. They have requested that people come to the meeting wearing green to support this request. Attended the Kennedy Mine Foundation Board of Directors meeting and the Music at the Mine event will be at the Kennedy Mine on 5/24/25 from 5PM-9PM with a band “The House Rockers”, barbeque, beer & wine.

Councilmember Sierra McLean – Absent.

Vice Mayor Simmons – Attended multiple meetings, no other report.

Mayor Steve McLean – Attended a brief arch meeting today.

May 12, 2025 City Council Meeting Minutes

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. Public recognition of Amador Splashes Forward for their contribution to the Junior Lifeguard program and water safety efforts in Jackson and countywide.

Deputy City Clerk Kirkpatrick introduced Demi and Taylor from Amador Splashes Forward and expressed sincere gratitude for their contributions to the City and County supporting water safety efforts. They work with ACRA, Jackson, Ione, Public Health, and Amador County in general, turning no child away in need of swim lessons. They also sponsored 5 out of the 10 new Junior Lifeguard trainings, as there were no vouchers available to support this new class. There is no reason any child in Amador County should not be able to take swim lessons. Between the Kids Plates grant funds through Amador County Public Health and the support of Amador Splashes Forward, filling in the gaps in funding, swim lessons are available to all local youth. b. Public Hearing: Second reading and possible adoption of Ordinance No. 734 Adding Chapter

8.40 to Title 8 of the Jackson Municipal Code Adopting the Fire Hazard Severity Zones as Recommended by CalFire and to Provide Authorization for Fees for the Inspection of Properties that are sold in High or Very High Fire Hazard Severity Zone.

Mayor McLean opened the item for council discussion.

Mayor McLean asked for public comments and received none.

Mayor requests a motion.

Motion to waive the second reading and adopt Ordinance No. 734 Adding Chapter 8.40 to Title 8 of the Jackson Municipal Code Adopting the Fire Hazard Severity Zones as Recommended by CalFire and to Provide Authorization for Fees for the Inspection of Properties that are sold in High or Very High Fire Hazard Severity Zone dated May 12, 2025 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 4 to 0 vote:

AYES: Steve McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Sierra McLean
ABSTAIN: None
Vice Mayor Simmons advised Chief Pidgeon of early morning fire hazard prevention efforts across the street from his home and Mr. Garcia stated the City of Jackson was paying for it. PW Supt Wilder advised the City is not paying for that. Garcia received an early fire hazard weed abatement letter from Deputy City Clerk Kirkpatrick, and they jumped on it and eliminated the fire hazard concerns on their property. While Mr. Garcia likely was not aware they were going to start that early in the day.

May 12, 2025 City Council Meeting Minutes
c. Façade Grant Policy Change Request by the Economic Development Committee.

City Manager Simpson advised the Economic Development Committee recently discussed this item and would like to request Council remove the $2500 matching funds requirement for the Façade Grant to incentivize for activity. Over the past two years, only two separate applications have been submitted utilizing this grant and they would like to encourage more participation to improve Jackson’s overall look and storefronts. Other cities have removed the matching funds requirement and had positive results.

Mayor McLean opened the item for council discussion.

Councilmember Godde inquired if there are two Councilmembers on the committee and Councilmember Gonsalves confirmed.

Mayor McLean asked for public comments.

Travis Williams (Business Owner/Kitchen Store) – Stated any improvements like this are a great idea. He spoke with City Manager Simpson about this and he and the Historic Jackson Business Association (HJBA) also think this is a fantastic idea to promote more improvements. It can be tough for small businesses and any improvements to make Main Street look better, whether it be paint, signage, awnings, etc. it can make a phenomenal impact.

City Manager Simpson requested consideration of the putting a cap on the annual amount to be provided for the Façade Grant. Councilmember Gonsalves advised higher grant amounts have been approved by Council in the past, which she would like to continue. Simpson clarified he is seeking a cap for the entire program for the year, so merchants are encouraged to apply early (first come, first served). Currently the cap is set at $15,000. Simpson advised $30,000 would be an affordable cap per the budget.

Marilyn Lewis (Resident) – Stated this was established for established business owners and not new businesses. She supports removing the $2500 match but requests not to place a limit.

Mayor McLean and Councilmember Gonsalves support revisiting the cap each year.

City Manager Simpson wants to continue to evaluate participation from the merchants following this change, and potentially revisit proactive enforcement of property maintenance standards down the line (if needed). A new ordinance may need to be considered down the line to support increased enforcement, which can be discussed later.

Mayor requests a motion.

Motion to approve removal of the matching applicant funds of $2500 to qualify for the Façade Grant and cap the annual budget at $30k, dated May 12, 2025 as presented. Moved by Councilmember Gonsalves , seconded by Vice Mayor Simmons, and carried by a 4 to 0 vote:

AYES: Steve McLean, Simmons, Godde, Gonsalves,
NOES: None

May 12, 2025 City Council Meeting Minutes
ABSENT: None
ABSTAIN: None
d. Updated Façade Grant Improvement Program Application: Pizza Factory 525 Highway 49 #1 $2500; matching funds request.

Deputy City Clerk Kirkpatrick provided an update on the questions posed by Council the last time this request came forth. Council had requested an itemized cost report for the project which is provided, and staff was able to confirm there is no corporate backing for the location.

Building Inspector BJ Wallace approved the applicant moving forward with completing the sign project prior to approval of the grant due to the long delay, and this application is simply seeking to reimburse them for the $2500 façade grant they previously requested.

Mayor McLean opened the item for council discussion.

Mayor McLean asked for public comments.

Marilyn Lewis (Resident) – She stated the funds are for improvement of a project rather than a new business coming in. She stated Pizza Factory has it’s own backing and the funds should be reserved for businesses that are already established.

Mayor McLean advised this question came up at the last meeting and the applicant is not backed by the franchise company.

Deputy City Clerk Kirkpatrick advised the applicant did meet all the requirements for the Façade Grant, which has been evaluated by the City Planner and Building Inspector prior to bringing it to Council for approval. While they are a new business, they do not have the financial backing of the corporate Pizza Factory. The Façade Grant is meant to improve the façade of buildings. They are in an old building and improving the current condition where they are located with new signage.

Marilyn Lewis inquired why the applicant is not present tonight. Kirkpatrick advised they are not required to attend the meeting to apply or be approved. Marilyn stated the grant is for façade improvements. Mayor McLean inquired if we have a definition for façade improvement and Kirkpatrick confirmed it is covered in the Façade Grant application.

Councilmember Gonsalves inquired if the façade improvement guidelines are in the application information in the agenda packet tonight. Kirkpatrick pulled up the application information on the large screen for the audience to fully view.

Mayor McLean advised the Façade Grant itself can be revisited or changed at a future date if they want to fine tune it for future applications, though this current applicant does meet all of the current requirements. Councilmember Godde agreed if this were a brand-new building he would agree with public comment, but Pizza Factory is in an old building so he approves.

Mayor requests a motion.

May 12, 2025 City Council Meeting Minutes
Motion to approve the Façade Grant fund request for $2500 to Pizza Factory dated May 12, 2025 as presented. Moved by Vice Mayor Simmons, seconded by Councilmember Godde, and carried by a 4 to 0 vote:

AYES: Steve McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Sierra McLean
ABSTAIN: None
e. First reading of Ordinance No. 736 Amending Title 12 of the Jackson Municipal Code to Include Chapter 12.16 Related to Prohibiting Leaking Vehicles and Other Obstructions and Litter on Public Property.

City Manager Simpson advised City Hall has had a number of leaking vehicles in the parking garage that have required staff response to clean up. This ordinance provides the Police Department with more authority to require the vehicles to be fixed or moved off of City property if they are leaking and causing a nuisance.

Mayor McLean opened the item for council discussion.

Councilmember Godde advised that he as seen leaking vehicles on City streets that, if set too long, will start to cause degradation.

Mayor McLean asked for public comments and received none.

Mayor requests a motion.

Motion to waive first reading and move to second reading of Ordinance No. 736 Amending Title 12 of the Jackson Municipal Code to include Chapter 12.16 Related to Prohibiting Leaking Vehicles and Other Obstructions and Litter on Public Property dated May 12, 2025 as presented. Moved by Councilmember Gonsalves, seconded by Councilmember Godde, and carried by a 4 to 0 vote:

AYES: Steve McLean, Simmons, Godde, Gonsalves
NOES: None
ABSENT: Sierra McLean
ABSTAIN: None
f. Discussion and potential adjustment to City Council Compensation and/or benefits.

City Manager Simpson advised this follows up salary study implementation for staff. Inquiries on Council compensation have come in regarding their stipends and benefits. The included chart shows where each Councilmember currently sits. Ione and Sutter Creek do no offer benefits. Ione offers only a $200 stipend. Sutter Creek provides a $240 stipend, and $300 for the Mayor.

Councilmember Sierra McLean advised City Manager Simpson and she has no issue with her compensation at this time, and is supportive of whatever the Council decides.

Mayor McLean opened the item for council discussion.

May 12, 2025 City Council Meeting Minutes
Councilmember Godde advised that he would like to see more equality in the stipends and benefits.

Godde pointed out that the listed about for medical benefits in the attachment to the memo state he receives $303.37 in medical benefits, which is inaccurate. That listed amount is his retirement medical and he receives no medical benefits as a result of his Councilmember status. He stated the annual cost to the City for the Mayor is equal to $1500. One Councilmember cost the City $46,697.64. He, himself, costs the City $2,180.40. Another Councilmember costs the City $14,271.36, and the last one costs $955.20. He stated there has to be a better way to make this more equitable.

Mayor McLean stated he is open to having additional reviews to produce something more equitable, though he is happy with his stipend/medical. He also stated that inequitable stipend/medical could be a possible deterrent to other interested parties in participating in City Council in the future so it is worth looking into.

Councilmember Gonsalves requested Finance Manager Dalacie Blankenship to come up to confirm the medical changes that occurred within the last few years. Blankenship advised the cap was supposed to be $350 towards Council medical, but the previous City Manager decided not to put one Councilmember on the medical and have the City reimburse the Councilmember for their medical insurance expenses directly because it was less expensive than putting them on the City medical.

Mayor McLean requested staff to revisit the stipends and medical to bring back to a future meeting for further discussion.

Mayor McLean asked for public comments and received none. *Mayor McLean advised Stan Lukowicz was stated to have passed away on this date.

8. REGULAR MEETING ADJOURNMENT.

Mayor McLean adjourned the meeting at 7:45 p.m.

9. CLOSED SESSION.

CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: Mackey v. City of Jackson, Amador Superior Court, Case No. 23CV13470

10. CLOSED SESSION ADJOURNMENT.

Mayor McLean adjourned the meeting 8:15p.m.

ATTEST: __________________________________
__________________________________
John Georgette, City Clerk Date Approved

Item 3b

Homeless Outreach Report APRIL 2025
• 95 individual showers provided
• Worked with Master-Care, Adult Protective Services and the shelter coordinator assisting an 83 year client to obtain more appropriate housing to address their needs.
• With the help if ATCAA and insight housing, moved a client into permanent housing.

Worked with the VA and Client who was able to obtain a HUD VASH voucher to stabilize their housing
• The new assistant outreach coordinator will be starting soon is Kristin Balcom. • The homeless task force is still working on a plan for a sanctioned camping project. • I took a much-needed vacation. I was able to see sea turtles on the beach.

Item 3c

MEMORANDUM
To: Honorable Mayor and Members of City Council
From: Christopher Mynderup, Chief of Police
Date: May 16, 2025
Subject: Annual 3rd of July Jackson Lions Club Fireworks Show Recommendation
That City Council approves the 2025 Jackson Lions Club Fireworks Show Special Event Application, which will take place at Detert Park and Aimee Field on Thursday July 3, 2024 (fireworks will be launched from the Jackson Junior High School athletic field, (Bute Bowl).

Discussion
This event attracts thousands of spectators every year and people gather at many locations throughout the City to view the fireworks. Prior to the fireworks show, the Lions Club will host a multitude of games and activities for children on Aimee Field.

The Jackson Police Department utilizes all sworn full time and reserve officers, and volunteer personnel during the event as it creates a significant amount of vehicle and pedestrian traffic. Officers will be assigned to key locations for foot patrols and traffic control during and after the event.

The Police Department works closely with the Fire Department during this event with the same Public Safety measures and goals in mind. The Public Works Department pre-places traffic cones and barricades for police personnel to utilize for traffic controls. JPD deploys the light trailer at the intersection of Highway 49/88 and Hoffman Street to illuminate the crosswalk for pedestrian safety.

Impacts
Significant Police Department overtime cost.

Conclusion
This event has always been safe and fun for all. However, the Police and Fire Departments shall take a zero-tolerance stance on any acts of unlawful use of fireworks and other dangerous fire related issues.

Item 3e

1 Ordinance No. 733
An Ordinance of the City Council of the City of Jackson Adding Chapter 8.36 to Title 8 of the Jackson Municipal Code Relating to Portable Storage Containers
WHEREAS, the City Council of the City of Jackson (“City Council”) desires to amend Title 8 of the Jackson Municipal Code to permit temporary outdoor portable storage containers in residential and commercial and industrial zones for a period not to exceed 90 days in a calendar year with the issuance of a temporary use permit and subject to certain placement restrictions.

The City Council of the City of Jackson does ordain as follows:

SECTION 1. Recitals. The above recitals are true and correct and hereby incorporated into this Ordinance.

SECTION 2. Amendment. Chapter 8.36 is hereby added to the Jackson Municipal Code as follows:
Ҥ 8.36.010 Portable Storage Containers in Residential Zones:

A. Definition. For the purposes of this section, a portable storage container is a container designed for securing and protecting items for transport or temporary storage. Portable storage containers include, but are not limited to: containers commonly used as shipping containers on ships and railroad, and/or tractor trailer, Portable On Demand Storage (PODS), and other similar storage containers.

B. Requirements. A temporary use permit approved by the City Manager or his or her designee shall be required for any business or residence that proposes the use of on-site portable storage containers for storage needs without a valid building permit. These standards shall apply for all portable storage containers:

1. A portable storage container shall not be stacked with another portable storage container.

2. The portable storage container shall be placed in a location that will provide the best screening from public view.

3. A portable storage container shall not store hazardous materials, as defined by local, state, or federal law.

C. Maximum number of portable storage containers. No person shall place, keep, or store on any property more than one portable storage container per 2,000 square feet of floor space of all buildings on the property, up to a maximum of three portable storage containers.

Item 6b
2 D. Maximum size of portable storage containers. No person shall place, keep, or store on any property a portable storage container that exceeds 16 feet in length, eight feet in width, or eight and one-half feet in height.

E. Location of portable storage containers. No person shall place, keep, or store a portable storage container in the following locations on any property:

1. Within ten feet of the curb line or public street;

2. On or over any public sidewalk or street; or

3. On any surface that is not paved (unless the lot is vacant).

F. Maintenance of portable storage containers. No owner, tenant or occupant of any property shall maintain a portable storage container in any condition that contributes to blight, including, but not limited to, rust, peeling paint, and other visible forms of deterioration.

G. Length of time allowed.

1. No person shall place, keep or store a portable storage container on any property for more than six (6) days without a valid companion building permit unless a temporary use permit has been issued. A temporary use permit may be issued for up to 90 days in any calendar year.

2. Notwithstanding (G)(1), portable storage containers may be kept on a property during the term of a valid building permit issued by the City for work on the property. The temporary use permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project, whichever first occurs.

H. Enforcement. Any violation of this section is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.16 of this Code. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to civil actions, and administrative penalties pursuant to Chapter 1.22. This section is cumulative of any other remedy granted to the City by law, and shall not prohibit the City from abating violations of this section by any available administrative, civil or other noncriminal means. § 8.36.020 Portable storage Containers in Commercial Zones:

A. Definition. For the purposes of this section, a portable storage container is a container made of steel or other similar material which is designed for securing and protecting items for transport or temporary storage. Portable storage containers include, but are not limited to: containers commonly used as shipping containers on ships and railroad, and/or tractor trailer, Portable On Demand Storage (PODS), and other similar storage containers.

3 B. Requirements. A temporary use permit approved by the City Manager or his or her designee shall be required for any business that proposes the use of on-site portable storage containers for commercial storage needs. These standards shall apply for all portable storage containers:

1. A portable storage container shall not be stacked with another portable storage container.

2. A portable storage container shall not exceed 16 feet in length, eight feet in width, or eight and one-half feet in height.

3. The portable storage container shall be placed in a location that will provide the best screening from public view.

4. A portable storage container shall not store hazardous materials, as defined by local, state, or federal law.

5. Portable storage containers shall not occupy required parking areas or required landscaping areas.

6. No retail business shall be permitted to operate inside the portable storage container.”

7. Portable storage containers(s) being used on a property for which there is no valid companion building permit may be authorized for up to 90 days in any calendar year with a temporary use permit. However, this limitation does not apply when the permittee furnishes evidence that the portable storage containers are necessary to store goods on a seasonal basis for its business operations.

C. Exception. A temporary use permit shall not be required for a portable storage container used for a temporary project such as the moving of a building, demolition of a building, or repair of a structure. However, upon completion of said project, all of the requirements of this chapter apply after 72 hours. The temporary use permit shall expire upon completion of the construction project, or the expiration of the companion building permit, authorizing the construction project, whichever first occurs.

D. Enforcement. Any violation of this section is declared to be a public nuisance and may be abated by the City pursuant to Chapter 8.16 of this Code. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to civil actions, and administrative penalties pursuant to Chapter 1.22.This section is cumulative of any other remedy granted to the City by law, and shall not prohibit the City from abating violations of this section by any available administrative, civil or other noncriminal means. § 8.36.030 Appeal.

The applicant may appeal the decision of the City Manager or his or her designee within 10 calendar days of the decision. The applicant may appeal to the City Council by filing a notice of

4 appeal with the City Clerk. The council shall thereupon fix a time and place for hearing such appeal. The clerk of the council shall give notice to such person of the time and place of hearing by serving it personally or by depositing it in the United States Post Office at Jackson, California, postage prepaid, addressed to such person at his or her last known address. The decision of the City Council shall be final.
§ 8.36.040 Revocation.

A. The City Manager or his or her designee may revoke or modify a temporary use permit with only a 24-hour notice, in compliance with this section.

B. Hearing Required. The City Manager or his or her designee shall hold a public hearing in order to revoke or modify any temporary use permit granted under this Chapter.

C. Mailing of notice. Ten days before the public hearing, notice shall be mailed to the applicant and/or owner of the property for which the permit was granted.

D. Delivery of Notice. Notice shall be deemed delivered two days after being mailed, certified mail postage paid, to the permittee at the last known address provided to the City. Notice shall be deemed delivered two days after being mailed, certified mail postage paid, to the permittee,.

SECTION 5. Repeal of Conflicting Ordinances. All former ordinances or parts conflicting or inconsistent with the provisions of this Ordinance are hereby repealed.

SECTION 6. 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 7. 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, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 8. 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 9. Effective Date. This Ordinance shall take effect thirty (30) days from and after the date of its final passage and adoption.

5 INTRODUCED on the 28th of April, 2025, and PASSED AND ADOPTED by the City Council of the City of Jackson on 27th of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Mayor
ATTEST:
_______________________________
John Georgette
City Clerk
APPROVED AS TO FORM:
_______________________________
Joshua Nelson
City Attorney

1 Ordinance No. 735
An Ordinance of the City Council of the City of Jackson Amending Section 17.30.100 of Title 17 of the Jackson
Municipal Code Relating to Property Maintenance
WHEREAS, the City Council of the City of Jackson (“City Council”) desires to amend Section 17.30.100 of Title 17 of the Jackson Municipal Code to specify the clearance requirement for trees and shrubs overhanging or encroaching upon walkways, drives, parking areas, traffic signs, and streets.

The City Council of the City of Jackson does ordain as follows:

SECTION 1. Recitals. The above recitals are true and correct and hereby incorporated into this Ordinance.

SECTION 2. Amendment. Section 17.30.100 of Title 17of the Jackson Municipal Code is hereby amended in its entirety to read as follows:
Ҥ 17.30.100 Property Maintenance.

A. Purpose. This Section provides for the abatement of conditions which are offensive or annoying to the senses, detrimental to property values and community appearance, an obstruction to or interference with the comfortable enjoyment of adjoining property, or hazardous or injurious to the health, safety, or welfare of the general public in a manner which may constitute a nuisance.

B. Property maintenance nuisances. It is hereby declared to be a public nuisance for any property owner or other person in control of property to keep or maintain the property, including adjoining parkways, sidewalks, or streets under fee ownership by that person, in a manner resulting in any of the following conditions.

1. Abandoned materials. Any abandoned, discarded, dismantled, inoperable, wrecked equipment or objects including appliances, automobiles, boats, fixtures, furniture, refrigerators, trailers, trucks, water heaters, miscellaneous equipment and machinery, cans or containers standing or stored on the property or on adjoining parkway, sidewalks or streets which can be viewed from a public highway, walkway, or from private or public property, or which items are readily accessible from these places, or which are stored on private property in violation of any law.

Item 6c
2 2. Dangerous conditions. Any condition which exists upon any premises that is dangerous to human life or is detrimental to health as determined by the Building Official.

3. Alterations. Any alteration of land, the topography or configuration of which in any man-made state whether as a result of grading operations, excavations, fill, or other alteration, interferes with the established drainage pattern over the property or from adjoining or other property which does or may result in erosion, subsidence, or surface water drainage problems of a magnitude which would be injurious to public health, safety, and welfare.

4. Disposal of petroleum products. Disposal or presence of grease, oil, other petroleum products, noxious chemicals, pesticides, or any gaseous, liquid, or solid waste in a manner which would consist of a health or fire hazard or degrade the appearance of or detract from the aesthetic and property values of surrounding properties.

5. Outdoor storage in excess of one week. Lumber (excluding stacked firewood or lumber for a construction project on the property with a valid and active Building Permit), junk, salvage materials (including auto parts, bottles, scrap metals, tin cans, and tires, appliances, fixtures, furniture, refrigerators, water heaters, miscellaneous equipment and machinery), trash or packing boxes or other debris stored on the premises for a period in excess of one week.

6. On-site repairs. Any performance of work on household fixtures, motor vehicles, or vehicle engines or parts, on a public right-of-way or performance of work in yard areas of residential properties which are visible from a public right-of-way or surrounding properties, other than emergency repairs or minor maintenance being performed by the owner of the fixture or vehicle.

7. Vehicles as temporary or permanent living space. Use of a parked or stored boat, camper shell, trailer, vehicle, or other similar item as temporary or permanent living space for a period in excess of two weeks.

8. Storage of building materials. Accumulations of asphalt, bricks, building materials, concrete, fill dirt, plaster, rocks, and tile unless for a construction project on the property with a valid and active Building Permit.

9. Graffiti. The presence of graffiti, as defined in Article VII (Development Code Definitions).

10. Maintenance. Property failing to meet minimum levels of maintenance and care as follows:

3 a. Walls, fences, other structures. All walls, fences, trash enclosures, and other structures shall be maintained free of significant surface cracks, dry rot, missing panels or blocks, and warping, which threaten structural integrity;
b. Structure elevations and roofs. Exterior structure surfaces and roofs shall be maintained free of significant surface cracks, dry rot, missing blocks or other materials, or warping, which threaten structural integrity; and c. Trash and debris. The property shall be maintained free of the accumulation of trash and debris not stored in designated solid waste enclosures. Trash and debris associated with allowed uses are to be stored solely in designated solid waste enclosures.
d. Natural vegetation. Vegetation that is dry and overgrown can be a fire hazard. All vegetation on properties shall be maintained to minimize fire hazard.
e. Trees and shrubs. Trees and shrubs shall not overhang or encroach upon public walkways, drives, parking areas, and traffic signs to the extent that they interfere with the use of these areas. Tree limbs which overhang public sidewalks shall be kept trimmed to a height of at least ten feet (10’) above the sidewalk level. Tree limbs which overhang the street shall be kept trimmed to a height of at least 14 feet (14’) above the street level.

SECTION 3. 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 4. 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, because it has no potential for resulting in physical change to the environment, directly or indirectly.

SECTION 5. 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 6. Effective Date. This Ordinance shall take effect thirty (30) days from and after the date of its final passage and adoption.

4 INTRODUCED on April 28, 2025, and PASSED AND ADOPTED by the City Council of the City of Jackson on May 27, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Steve McLean, Mayor
ATTEST:
_______________________________
John Georgette
City Clerk
APPROVED AS TO FORM:
_______________________________
Joshua Nelson
City Attorney

CITY OF JACKSON
Council Meeting Memorandum
Tuesday, May 27, 2025 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Carleen Kirkpatrick, Deputy City Clerk
Date: May 14, 2025
Agenda Item #6d: New Graffiti Abatement Program, Keep Jackson Beautiful, & High School student community service opportunity
Program Summary
In response to a recent complaint about junk and rubbish, I, Deputy City Clerk Kirkpatrick (Keep Jackson Beautiful Program Coordinator), identified a heavily traversed walking path behind the Chevron on Hwy 49 that is lined with graffiti and frequently used by local students commuting to and from school. To address the issue and promote community pride, the next Keep Jackson Beautiful event will focus on graffiti removal at this location. I reached out to Argonaut High School to explore involving students in future graffiti abatement efforts, which could allow them to earn community service hours while contributing to the beautification of their city. The initiative will be supported by city departments, local volunteers, and anticipated in-kind donations, with a coordinated effort to identify, map, and abate graffiti throughout Jackson.

Key Components of the Program Include:

Youth Engagement: High school students, supervised/assisted by City Staff volunteers, could participate in graffiti removal events, earning community service hours.

Property Owner Waivers: Waivers have been developed for frequently targeted properties, granting permission for city staff and/or volunteers to remove graffiti.

Citywide Coordination - Code Enforcement will partner with Public Works, Police and Fire Departments to:
 Identify and maintain an ongoing list of graffiti locations in need of abatement.  Collect and manage property owner graffiti abatement waivers.  Plan and execute abatement events with maps of locations and volunteer coordination.

Community Support and Supplies: The Keep Jackson Beautiful Program Coordinator will be reaching out to local businesses and community partners to seek donations of paint, supplies, and services to support graffiti abatement efforts.

Item 6d
No cost to the City is anticipated at this time due to expected in-kind donations and volunteer support. Should the program require any financial assistance, the Program Coordinator will return to Council to request such support. If Council wishes to designate any startup funds to assist with basic supplies or volunteer refreshments, this would be appreciated.

This program offers a proactive and positive approach to graffiti abatement with a goal of engaging our youth in additional civic service and promotes city pride. We look forward to seeing the positive impact of this program throughout the community as we continue to work together to Keep Jackson Beautiful.
*Residents who wish to report graffiti within the city limits (OR) authorize removal from their properties are encouraged to email [email protected].

Attachments:
• Photos of graffiti for next Keep Jackson Beautiful Event • Example Graffiti Abatement Waiver Form

Graffiti behind Chevron on Highway 49

GRAFFITI ABATEMENT WAIVER AND CONSENT AGREEMENT
This Graffiti Abatement Waiver and Consent Agreement (“Agreement”) is made by and between the undersigned property owner(s) (“Owner”) and the City of Jackson, California, a municipal corporation (“City”).

1. Purpose
This Agreement grants the City permission to enter upon the Owner’s property, as described below, for the purpose of abating graffiti at any time, in accordance with applicable California law and the City’s municipal code.

2. Property Description
Address of Affected Property: ___________________________________ Assessor’s Parcel Number (APN): ________________________________

3. Authorization for Graffiti Abatement
Owner authorizes the City, its employees, agents, contractors, or authorized representatives to enter the property described above for the purpose of removing, covering, or otherwise abating graffiti from any surfaces visible from public right-of-ways. This authorization is ongoing and does not require further notice to Owner.

4. Paint Color Disclaimer
Owner understands and acknowledges that the paint or materials used during graffiti abatement may not exactly match the existing colors, textures, or finishes of the property. The City makes no guarantee or warranty regarding such matching.

5. Release and Waiver of Claims
Owner agrees to release and hold harmless the City, its officers, employees, agents, and contractors from any and all claims, liabilities, or damages, including but not limited to property damage, that may arise from graffiti removal efforts undertaken in good faith pursuant to this Agreement.

6. Indemnification
Owner agrees to indemnify and defend the City, its officers, employees, agents, and contractors against any claims, demands, causes of action, or liabilities arising out of or related to the City's entry onto the property for graffiti abatement, except those caused by the gross negligence or willful misconduct of the City.

7. Voluntary Consent
Owner affirms that they are the legal owner(s) of the property and have the legal authority to enter into this Agreement. Owner voluntarily enters into this Agreement and consents to the City’s actions described herein.

8. Term
This Agreement shall remain in effect until revoked in writing by the Owner and received by the City.

9. Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, including but not limited to California Government Code §§ 53069.3 and 38772, and any applicable municipal code sections pertaining to graffiti abatement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date(s) written below.

OWNER INFORMATION
Name: __________________________________________
Signature: ______________________________________
Date: ___________________
Phone Number: _________________________________
Email (optional): ________________________________

CITY REPRESENTATIVE
Name: Carleen Kirkpatrick
Title: Deputy City Clerk / “Keep Jackson Beautiful” Program Coordinator Signature: ______________________________________
Date: ___________________

To:

From:

Date:

Subject:

Background

CITY OF JACKSON
City Council Memorandum
Honorable Mayor and Members of the City Council
Matt Ospital, City Engineer 1)--\, �
May 21, 2025
Jackson Police Department HV AC System Improvement Project The City of Jackson conducted the bid opening for the Jackson Police Department HV AC System Improvement Project at 10:00 a.m. on Wednesday, May 21, 2025. The City received two bids for the project as follows:

Contractor Bid Amount
Sub Zero HV AC Services $19,124
B & M Civil LLC $ 19,944
Our office has reviewed the bid package and found no discrepancies.

Recommendation
Based upon the attached bid summary, I hereby recommend the City of Jackson award the contract to Sub Zero HVAC Services for the Bid amount of$19,124.

Item 6e
Resolution No. 2025-11

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF JACKSON AWARDING THE CONSTRUCTION

CONTRACT FOR THE JACKSON POLICE DEPARTMENT

HVAC SYSTEM IMPROVEMENT PROJECT TO

SUB ZERO HVAC SERVICES
WHEREAS, the City of Jackson conducted the bid opening for Jackson Police Department HVAC System Improvement Project at 10:00 a.m. on May 21, 2025; and WHEREAS, the City received two bids for the project; and WHEREAS, no discrepancies were noted in the bid review; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jackson hereby awards the contract to Sub Zero HVAC Services in the amount of $19,124.

The foregoing resolution was duly introduced and adopted by the City Council of the City of Jackson on the 27th day of May, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

CITY OF JACKSON
_________________________________
Steve McLean, Mayor
ATTEST:
_________________________________
Carleen Kirkpatrick, Deputy City Clerk

ACRA maximizes recreational
opportunities for all residents of
Amador County through
sustainable planning, financing,
facilities operations, and programs.

Our Mission
What we do How we do it
ACRA is a special
district and our
funding comes
directly from our
member agencies
and user fees. The
membership fees
allow us to pay the
small staff and
provide our programs
at a minimal cost to
Amador County
residents.
amadorrec.com 209-223-6359 10877 Conductor Blvd, Suite 100; Sutter Creek

Item 6f

CITY OF JACKSON
Council Meeting Memorandum
Tuesday May 27, 2025 – 6:30 PM Regular Meeting
To: Honorable Mayor and Members of the City Council
From: Carl Simpson, City Manager
Date: May 23, 2025
Agenda Item # 6g: Victory Village, Inc. grant proposal, Homekey+, Memorandum of Understanding
RECOMMENDATION:

That the City Council receive and review the memorandum of understanding and accompanying Resolution No. 2025-12 related to the Victory Village, Inc. grant proposal in support of the HomeKey+ Program.

DISCUSSION:

At the City Council meeting held on April 14, 2025, representatives from Victory Village, Inc. provided a presentation outlining their proposal. Following the presentation, the Council directed staff to work collaboratively with Victory Village, Inc. to address concerns raised during the meeting.

An updated agreement has been prepared and is enclosed for review. A presentation will be provided at the upcoming meeting to facilitate further discussion and respond to any remaining questions.

Attachments:

Memorandum of Understanding
Resolution

Item 6g
1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF JACKSON AND VICTORY VILLAGE, INC.

I. BACKGROUND AND INTENT
The City of Jackson (“City”) and Victory Village, Inc. (“Victory Village”) enter this Memorandum of Understanding ("MOU") to outline their roles and responsibilities in applying for funding from the Department of Housing and Community Development Homekey+ Program ("Homekey+) and using the funding to acquire and convert an existing building to provide new Permanent Supportive Housing (PSH) project Victory Gardens I (“Project”). Any reference to PSH is reference to the Project, herein. The Project is located at 185 Placer Drive, Jackson, CA ("Property"), and is part of the City’s Homekey+ application under Proposition 1 (2024). Under this Project, Victory Village shall acquire the subject property, which is presently an Assisted Living Residence. Following completion of construction activities associated with the conversion of the premises into twenty (20) units of permanent supportive housing, Victory Village shall apply for and obtain an amendment to the Conditional Use Permit to reflect the property's change in use to permanent supportive housing for Veterans and individuals experiencing or at risk of homelessness. The City is the Lead Applicant and will oversee initial implementation of the Homekey+ funding. Victory Village will serve as the Lead Service Provider and Grant Administrator for program funds and will be responsible for coordinating all supportive services on-site.

This MOU is entered into on May 27th, 2025 is between the City and Victory Village.

WHEREAS, the City and Victory Village have collaborated on addressing homelessness in Jackson and have established a working model for interim housing at this site; and WHEREAS, the Project will serve low-income (≤80% AMI) households who are homeless or at imminent risk of homelessness, with a primary focus on veterans experiencing a Behavioral Health Challenge, consistent with the Homekey+ NOFA; and WHEREAS, Victory Village has established service partnerships (e.g., VA HUD-VASH, GPD, Housing Authority, CoC, SSVF) and staff with experience working with chronically homeless and veteran populations in Amador County; and
WHEREAS, it is the intent of the parties to continue and expand these services in a Housing First, client-centered model at the Project;
NOW, THEREFORE, the City and Victory Village agree to this MOU setting forth the scope of services, responsibilities, and coordination protocols for the project in compliance with the Homekey+ NOFA Sections 200, 201, 205, 206, 302, 504, 506, 513, and 603; provided, however, that the City and Victory Village acknowledge that further agreements will be necessary to implement requirements of the Homekey+ program and complete the Project.

2 II. DEFINITIONS
For the purposes of this MOU, "supportive services" means services provided to residents for the purpose of enhancing the residents' ability to maintain independent living. Supportive services must address the special needs of the residents to be served. These services may include: (a) medical and psychological case management; (b) benefits advocacy and income support assistance such as VA Benefits, SSI, AFDC, GA, food stamps, Social Security; (c) money management/payee services; (d) nutritional counseling; (e) assistance in obtaining other resources and support for residents such as child visitation, transportation, job training and job placement; and (f) addiction treatment services. These services may be provided directly or by arrangement with other service providers.

For the purposes of this MOU, a "disabled person" is defined as a person with a physical, mental or emotional impairment which is expected to be of long, continued and indefinite duration, which substantially impedes the person's ability to live independently, and which is of a nature that such ability could be improved by more suitable housing conditions. It is intended that this definition be consistent with HUD's definition of a person with a disability.

For the purposes of this MOU, “homeless” is defined as: A household made up of one or more individuals, other than individuals imprisoned or otherwise detained pursuant to local, state or federal law, who: (1) lack a fixed, regular, or adequate nighttime residence; or (2) have a primary nighttime residence that is: (a) a supervised publicly or privately owned operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill); or (b) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, camping ground, etc.

Additionally, individuals will be considered to be homeless if they: (a) are fleeing or attempting to flee domestic violence or other dangerous or life-threatening conditions; (b) will imminently lose their housing, including housing they own, rent, or live in without paying rent or are sharing with others; (c) are returning from incarceration; or (d) are “doubled-up” temporarily in another household’s dwelling unit.

For the purposes of this MOU, “individuals at risk of homelessness” is defined as an individual that is faced with a situation or set of circumstances that is likely to cause the individual to become homeless in the future, including living in substandard housing, living in housing that is inadequate for the size of the household, living in housing with a person who engages in domestic violence, paying more than 50 percent of household gross income for rent, or having insufficient household resources to pay for current housing and meet other basic needs.

For the purposes of this MOU, "low income" is defined as households with incomes 80% or below the median family income for Amador County, CA. It is intended that this definition be consistent with HUD's definition of low income.

3 III. ELIGIBILITY CRITERIA
Eligibility for this project will be based on homeless status and income level as described in Section II - Definitions. In addition, this project will prioritize individuals who are veterans.

The eligibility for residency in the Project will be subject to the terms and conditions of a regulatory agreement that is approved by the City and in compliance with the Homekey+ program. Tenants will be selected based on criteria developed by Victory Village in compliance with the regulatory agreement. Potential tenants will undergo a two-stage screening process:

First, Victory Village will determine the household’s homeless status, and whether or not the tenant is able to abide by the terms of the lease and could benefit from supportive housing and services. Victory Village will then evaluate the prospective tenant to determine if she/he meet the income eligibility as determined by NAHASDA. As part of the Definitive Agreement, Victory Village shall provide a Resident Selection Plan.

Participants at the Project must meet Homekey+ eligibility: primarily homeless or at imminent risk of homelessness and low-income (≤80% AMI), and must also meet the definition of having a Behavioral Health Challenge per Welfare and Institutions Code §5965.02. The program will prioritize veterans, including chronically homeless and medically vulnerable veterans, in accordance with Homekey+ Section 201 and the set-aside for veteran-serving projects. Victory Village will implement targeted outreach and ensure cultural competency in veteran services delivery.

IV. GUIDING PRINCIPLES
All parties under this MOU jointly recognize that tenants with low incomes are diverse in terms of their strengths, motivations, goals, backgrounds, needs and disabilities and that:
 Tenants with low incomes and/or disabilities are members of the community with all the rights, privileges, and opportunities accorded to the greater community;  Tenants with low incomes and/or disabilities have the right and responsibility to meaningful choices in matters affecting their lives;
 In designing and implementing services, the input of the tenant should be sought; and, Housing First will be the guiding principle of this supportive housing project.

Core Elements of Housing First Include:
 Acceptance of applicants regardless of their sobriety, any past or current use of substances, any completion of rehabilitation or treatment, or participation in any supportive services.
 Applicants are seldom rejected solely on the basis of poor credit or financial story, employment readiness, poor or absent rental history, criminal convictions, any other behaviors that are generally held to indicate a lack of “housing readiness.”

4  Supportive services emphasize engagement and problem-solving over therapeutic goals. Services plans are highly tenant-driven without standardized or predetermined goals, and client choice is key.
 Use of alcohol or drugs in and of itself (without other lease violations) is not considered a reason for eviction.

These Guiding Principles will be used by the parties to prepare any additional agreements required for implementation of the Project and the Homekey+ program.

V. ROLES AND RESPONSIBILITIES
If the Project is selected for an award of Homekey+ funding, the City and Victory Village shall commence negotiations of any additional documents that will be needed for the receipt and expenditure of the funding, including an agreement for disbursement of funds (e.g, as a loan, grant, or other mechanism as allowed by the Homekey+ program), a regulatory agreement, and any other instrument to implement the Project (hereafter, collectively referred to as the "Definitive Agreement"). The following Roles and Responsibilities shall be further set forth in the Definitive Agreement.

The City shall be the Lead Applicant and will oversee implementation of the Homekey+ funding.

Victory Village shall assume any and all liability for compliance with the Homekey+ program and shall defend, indemnify, and hold harmless the City for any claims or disputes arising from the Homekey+ program, to be further set forth in the Definitive Agreement.

The parties will cooperate to negotiate and agree to terms of the Definitive Agreement for purposes of implementing the Homekey+ program. In connection with negotiating a Definitive Agreement, Victory Village shall provide information reasonably requested by City to evaluate the Project, including but not limited to a preliminary title report, an updated pro forma, and other information reasonably related to the Project.

It is understood that Services staff must work together as a team to effectively meet the needs of the tenants. It is also understood that this collaborative arrangement will not succeed without a Project Director to ensure coordination that is client-centered. This level of collaboration will require exceptional, thorough, and timely communication between all parties. Property management staff and the Program Director will communicate on a weekly basis to ensure smooth processes and communication. However, the parties to this agreement understand their separate and distinct responsibilities. Victory Village agrees in the performance of services, that tenant and client rights are respected and complied with not only as a matter of principle, but as a matter of practice for certain instances where local resources like Fire, Police or Emergency Services were called to the Project and any other incident that may arise.

Victory Village (Lead Service Provider and Grant Administrator) Victory Village will coordinate and deliver all supportive services for Project tenants. Key responsibilities include:

5 Veteran Cultural Competency: Victory Village staff have completed training in veteran cultural competency and trauma-informed care and will maintain ongoing compliance with the requirements of Homekey+ Section 302 for veteran-serving projects. Victory Village will ensure that services are accessible, equitable, and responsive to the unique experiences of veterans facing homelessness and behavioral health challenges.

Victory Village will be responsible for the following:

1. Develop service program and create the Support Services Plan.

2. Hire / Supervise Program Director

3. Hire / Supervise Caretaker /Onsite Manager

4. Coordinate application process

5. Work with applicant to obtain proper paperwork and complete application

6. Manage waitlist

7. Take referrals from community partners

8. Screen tenant applicants

9. Determine, verify, and document eligibility of tenants (homeless status, Veteran status) and submit reports to HCD.

10. Provide applications in a timely fashion to fill any vacancies

11. Identify gaps in services and work with other team members to ensure that tenants have access to the services they need to remain lease compliant

12. Work with residents when they are in danger of eviction to ensure that tenants have access to the services they need to remain lease compliant

13. Create plan to resolve any failed unit inspections

14. Assist clients in understanding their rights and responsibilities under a tenant lease. This includes explaining the eviction process as well as what is in the Tenant Handbook

15. Promote empowerment of tenants through credit counseling, tenant financial education and health and wellness

16. Design and implement community building /social activities (as appropriate with Covid19 protocols in place)

17. Victory Village will maintain accounts and records for service funding/expenses of the project and supply GAAP audit results in a timely manner for review.

18. Victory Village will collaborate with the City as need on property management issues.

19. Comply with all relocation requirements, including but not limited to California Government Code § 7260 and implementing regulations. Victory Village has provided a proposed Relocation Plan for the Project and agrees to prepare final Relocation Plan that complies with all local, state and federal laws that will be presented for review and approval by the City Council in connection with a Definitive Agreement.

During operations of the Project, Victory Village will be responsible for providing Supportive Services to the tenants of in accordance with terms and conditions to be set forth in the Definitive Agreement.

6 VI. SCOPE OF SERVICES
All residents at the Project will be eligible for additional case management and other services provided by Victory Village. staff on-site and off-site when on-site service provision is not available.

It is understood that Victory Village plans to offer Support Service coordination with and referrals to and from appropriate providers in accordance with the Definitive Agreement.

Victory Villagewill offer the following services outlined in the Appendix B (Services Plan) Consistent with client rights principles, it is understood that referrals and other services will be made available to all residents. Victory Villagewill take no action in making referrals or providing services without a signed Release of Information for the individual, except when it appears, in Victory Village.’s judgment, necessary to do so to protect the individual or others from serious harm.

VII. FUNDING
Victory Village. agrees to serve in the role as the lead service provider with the understanding that new funds are identified and committed by Victory Village. for five years, at minimum. It is expected that Victory Gardens I services budget will be stable but will increase slightly over the next five years with inflation and cost of living increases. It is understood that the City is not agreeing to any financial commitment for the Project, including whether or not to accept any Homekey+ award. Victory Village shall be solely responsible for ensuring the Project is financially viable. Victory Village will allocate rent roll income to cover all funding costs associated with the project, including costs to provide permanent supportive housing for the duration of the regulatory agreement.

The new funds needed are to hire two (2) new staff positions through HomeKey+ and to cover program costs at $170,717/annually (with a cost of living increase per year as approved by Victory Village.). Operating expenses will also be covered by Victory Village, Inc., on an annual basis; the budget will be covered by rental income generated through rental income and Tenant Base Assistance vouchers.

The Definitive Agreement shall include provisions for the City to recoup any actual, reasonable, and documented administrative or application related expenses incurred during the City’s initial or subsequent role in applying and administering the Homekey+ funds. After the initial disbursement, all fund administration responsibilities shall be transferred to Victory Village, subject to terms and conditions of the Definitive Agreement.

7 Victory Village agrees to additionally provide the following services to individuals covered under this agreement:
 Encourage supportive activities that will help clients develop the skills, information, and abilities needed to utilize the resources of the local and larger community, including family, friends, work, and school.
 Facilitate access to treatment services for health, social, and physical health needs. This might include referral and advocacy for services at appropriate treatment centers.  Help clients access pre-vocational and vocational/employment assistance, peer counseling, substance abuse counseling, special needs skills training, safe sex education, and tenants’ rights education.

VIII. GENERAL TERMS
Terms. This MOU will begin effective the date of May 27th, 2025 and will continue until a Definitive Agreement is established in accordance with HomeKey+ program, guidelines and regulations, unless terminated as set forth herein
Termination. Either party may terminate this MOU for any reason by giving the other party sixty (60) days prior written notice. A party may terminate this MOU for cause by providing written notice to the other party for a material default, and the party shall have thirty (30) days to cure the default or, if a longer time is necessary to cure, then the party in default shall provide an acceptable plan to cure the cause for termination.

Compliance with Laws. In its performance of obligations under this MOU, Victory Village shall comply with all applicable federal, state and local laws.

No Conflicts of Interest; Compliance with Levine Act. All parties shall comply with legal restrictions on conflicts of interest, including but not limited to the California Political Reform Act, California Government Code § 1090, and the California Levine Act (Gov. Code § 84308).

Limitation on Effect of Agreement. This MOU shall not obligate either the City or Victory Village to enter into a Definitive Agreement. By execution of this MOU, the City is not committing itself to, or agreeing to, undertake any obligations with respect to the Project or the Property. Execution of this MOU by the City is merely an agreement to conduct a period of planning and coordination in accordance with the terms hereof, reserving for subsequent City Council action for the final discretion and approval regarding the Project, including any required review under local, state, or federal law. This may include, but is not limited to, any discretionary review of the Project, any required determination under the California Environmental Quality Act ("CEQA"), and approval of a Definitive Agreement, or any related ancillary agreements, development plans and specifications, as well as all proceedings and decisions in connection therewith. Any Definitive Agreement resulting from negotiations pursuant to this Agreement shall become effective only if and after such Definitive Agreement has been considered and approved by the City Manager, subject to authorization from the City Council, and following completion of all legally required procedures and processes and executed by duly authorized representatives of the City and Victory Village. Until and unless a Definitive

8 Agreement is signed by Victory Village, approved by the City and executed by the City, no agreement drafts, actions, deliverables or communications arising from the performance of this MOU shall impose any legally binding obligation on either Party to enter into, or support entering into, a Definitive Agreement or be used as evidence of any oral or implied agreement by either party to enter into any other legally binding document. Each party assumes the risk that, notwithstanding this MOU and good faith negotiations, the City and Victory Village might not enter into a Definitive Agreement due to their failure to agree upon essential terms of a transaction or a decision by the City Council not to authorize entering into and execution of a Definitive Agreement.

Assignment. Victory Village understands the City is entering into this Agreement based on the experience and qualifications of Victory Village and of the key individuals representing or employed by Victory Village as of the date of this MOU. Therefore, Victory Village will not assign, sell, or otherwise transfer any or all of its rights under this Agreement, or interest herein, without the prior written approval of the City, which approval may be withheld in the City’s sole and absolute discretion. Further, no voluntary or involuntary successor in interest of Victory Village will acquire any rights or powers under this MOU except as expressly set forth herein.

For the reasons cited herein, Victory Village represents and agrees for itself and any successor in interest that prior to the expiration of the Term, and without the prior written approval of the City (which approval may be withheld in the City’s sole and absolute discretion), there will be no significant change in the management or control of Victory Village. Victory Village will promptly notify the City of all changes whatsoever in the identity of the parties in control of or exercising the management of Victory Village, or the degree of control or management, of which it or any of its officers have been notified or otherwise have knowledge or information. This Agreement may be terminated by the City if there is any significant change (voluntary or involuntary) in membership, management or control, of Victory Village. For purposes of this paragraph, a significant change will mean any change in the identity of the Executive Director, CEO, or President (or similar person or persons having ultimate control over the day to day management of Victory Village, or the appointment of a receiver or trustee to operate or exercise direct or indirect control over Victory Village). Periodic, routine changes in membership that cumulatively affect less than 50% of the membership of the Victory Village’s board of directors will not be considered a “significant change”.

Confidentiality. The City and Victory Village agree that by virtue of entering into this Agreement they will have access to certain confidential information regarding the other party's operations related to this project. Victory Villageagrees that that the City is a public entity subject to legal requirement to disclose documents an information. Except to the extent required by law, the parties agree they will not at any time disclose confidential information and/or material without the consent of the other party unless such disclosure is authorized by this Agreement or required by law.

Costs and Expenses. Each party shall be responsible for its owns costs and expenses in connection with any activities and negotiations undertaken in connection with this MOU, and the performance of each party’s obligations under this MOU.

9 Severability. In the event any provision of this Agreement shall be found to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity, legality and enforceability of the remainder of the Agreement.

Amendments. This Agreement may be amended only in writing and authorized by the designated representative of City and Victory Village.

IX. INDEMNIFICATION, INSURANCE, AND DATA CUSTODY
Victory Village shall indemnify, defend, and hold harmless the City , its elected officials, officers, agents, and employees from and against any and all claims, liabilities, losses, damages, or expenses (including attorney’s fees) arising from or related to this Agreement or the performance of any services hereunder by Victory Village, its agents, officers, employees, partners, contractors, or subcontractors.

Victory Village shall maintain, at its sole cost and expense, the following insurance coverage for the duration of this MOU:
 General liability insurance of not less than $1,000,000 per occurrence;  Professional liability insurance of not less than $1,000,000 per claim;  Workers' compensation insurance as required by California law.

Victory Village shall provide proof of insurance and name the City as an additional insured on its general liability policy.

No Liability. Except for the indemnity obligation set forth above, no party shall have any liability to any other party for damages or otherwise for any default or breach, nor shall any party have any other claims with respect to performance under this MOU. Each party specifically waives and releases any such rights or claims it may otherwise have at law or in equity Data Custody: Victory Village shall retain sole custody and control of all program-related data, case files, and personally identifiable tenant information. Victory Village shall ensure compliance with HIPAA and all other applicable privacy laws. Notwithstanding the foregoing, Victory Village shall make such information available for review by the City upon reasonable request, provided that any access complies with all applicable confidentiality and privacy requirements.

X. TERM, TERMINATION, AND GOVERNING LAW
This MOU is effective upon the date of the last signature below and will remain in effect for a period of one (1) year, unless earlier terminated as provided herein or the parties reach a Definitive Agreement. It may be extended or amended by a written agreement of both parties.

Upon termination, Victory Village will cooperate in an orderly transition of services and records as directed by the City.

10 This MOU shall be governed by and construed under the laws of the State of California. Any legal action arising out of this MOU shall be filed in the Superior Court of Amador County.

If any provision of this MOU is found to be invalid or unenforceable, the remainder shall remain in full force and effect. This MOU constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes any prior agreements or understandings.

XI. SIGNATURES
The parties, intending to be legally bound, have executed this Memorandum of Understanding as of the dates written below.

City of Jackson
By: _______________________________________
Name: Carl P. Simpson
Title: City Manager
Date: __________
Victory Village, Inc.

By: _______________________________________
Name: Jason Mulford
Title: Executive Director
Date: __________

Resolution No. 2025-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSON

AUTHORIZING A JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY+ PROGRAM FOR THE PERMANENT SUPPORTIVE
HOUSING PROJECT AT 185 PLACER DRIVE, JACKSON, CALIFORNIA WHEREAS, the Department of Housing and Community Development ("HCD") has issued a Notice of Funding Availability ("NOFA") for the Homekey+ Program dated November 26, 2024, as amended, for the purpose of funding Permanent Supportive Housing for people experiencing or at risk of homelessness; and
WHEREAS, the City of Jackson ("Applicant") desires to jointly apply with Victory Village, Inc. ("Co-Applicant") for Homekey+ funds to acquire and convert the property located at 185 Placer Drive, Jackson, CA to serve eligible populations, with a focus on veterans experiencing a Behavioral Health Challenge consistent with Welfare and Institutions Code Section 5965.02 and Homekey+ Section 201; and
WHEREAS, the City of Jackson is acting as Lead Applicant only for grant eligibility purposes.

Victory Village, Inc. has agreed that it will be full responsibility to comply with obligations from the Homekey+ funding, and that the City shall not bear financial, operational, or programmatic responsibility for the ongoing implementation of the project; and WHEREAS, Victory Village, Inc., a nonprofit corporation and Co-Applicant, shall serve as the Lead Service Provider and Grant Administrator, and assume full responsibility for the administration, implementation, and compliance of all Homekey+ program components as set forth in the executed Memorandum of Understanding (MOU) between the parties; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jackson that:

1. The City Manager is hereby authorized and directed to submit a joint application to HCD and participate in the Homekey+ Program, in collaboration with Victory Village, Inc., for a total amount not to exceed $5,000,000.

2. The City Manager is authorized to execute and deliver the MOU and take the requisite steps to submit an application for the Project for an award from the Homekey+ Program.

3. In the event the Project receives an award from Homekey+ Program, then the City Manager shall negotiate any and all documents required or deemed necessary to secure the Homekey+ funds from HCD and to complete participation in the program, including, a Definitive Agreement, as required by the MOU. The City Manager shall return to City Council for approval of a Definitive Agreement, as well as review and approval of a standard agreement for acceptance of a Homekey+ Program award..

4. Victory Village, Inc., as the nonprofit developer, fiscal agent, and lead service provider, will assume full and exclusive responsibility for all administrative, financial, and operational obligations under the Homekey+ program. This includes, but is not limited to:

1. Preparation and submission of the Homekey+ application, including all exhibits, attestations, and attachments;

2. Execution and management of the Standard Agreement with the California Department of Housing and Community Development (HCD);

3. Oversight of all construction, rehabilitation, and development activities, including contractor selection, procurement compliance, permitting, and project close-out;

4. Financial management, including budget oversight, fiscal reporting, disbursement requests, and fund accounting in compliance with state guidelines;

5. Program compliance, including rent restrictions, tenant eligibility verification, affordability term enforcement, and service documentation;

6. All legal and regulatory filings, including CEQA determinations, prevailing wage compliance, procurement records, and insurance coverage;

7. Relocation planning and execution, if applicable, with full compliance with the Uniform Relocation Act (URA) and California relocation law;

8. Delivery of all supportive services, including case management, behavioral health coordination, and HUD-VASH integration;

9. Monitoring, auditing, and reporting, including regular performance reports to HCD and maintenance of audit-ready records throughout the affordability period.

10. The City of Jackson will not be responsible for any portion of these duties, although the City may enforce terms and conditions of the Definitive Agreement.

Victory Village will serve as the sole point of contact and managing entity for the duration of the project and throughout the 55-year affordability period.

5. The City affirms that it will fulfill its responsibilities as Lead Applicant for the purposes of application and formal grant correspondence, subject to terms and conditions of the MOU, but Victory Village, Inc. agrees to assume all administrative and operational responsibilities and shall carry out the same in accordance with the MOU and any subsequent Definitive Agreement.

6. Victory Village, Inc. shall indemnify and hold harmless the City of Jackson from any claims, liabilities, or costs arising out of its performance or nonperformance of any Homekey+ obligations.

PASSED AND ADOPTED this 27th day of May, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

CITY OF JACKSON

Steve McLean, Mayor
ATTEST:

Carleen Kirkpatrick, Deputy City Clerk