Agenda packet — Angels Camp City Council, April 19, 2022

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

CITY OF ANGELS

CITY COUNCIL AGENDA
April 19, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

The numerical order of the items on this agenda is for convenience of reference. Items may be taken out of order upon request of the Mayor or Council Members. All questions shall be directed to the Mayor who, at his/her discretion, will refer to Staff.

Mayor Alvin Broglio Vice Mayor Jennifer Davis-Herndon
Council Members Gretel Tiscornia, Isabel Moncada, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

3. ADJOURN TO CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 54956.9 (e)(4)
6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 54956.9 (e)(4)

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

5. PUBLIC COMMENT
The public may address the Council on any item of public interest not otherwise on the agenda that is within the jurisdiction of the City. No action may be taken. Matters to be addressed may be referred to City Staff or placed on a subsequent meeting Agenda. Speakers are limited to five minutes per person.

6. CONSENT AGENDA
A. Draft Minutes March 15, 2022, Rose Beristianos, City Clerk B. Draft Minutes April 5th, 2022, Rose Beristianos, City Clerk C. Approval of Fire Department Self Contained Breathing Apparatus Purchase and Budget Transfer Request, John Rohrabaugh, Fire Chief
D. Approval of Capital Vehicle Order Authorization, Rebecca Callen, City Administrator E. Authorize Payment and Budget Adjustment, to Cole Tiscornia Construction for the Emergency Repair on the Sinkhole at Mark Twain Road and Fairview Drive, Chris O’Flinn, Public Works Superintendent F. Discussion and Approval of Defensible Space Clearing Project Expenditures, Rebecca Callen, City Administrator
G. City of Angels, March 2022 Accounts Payable Checks Issued

7. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance 524, Hold a Public Hearing, Second Reading to Consider Amending Angels Municipal Code (AMC) Chapter 17.06.190 Paragraphs F and K to Update the City’s Affordable Housing Incentives to Incorporate Off-Site Improvements and Clarify when Incentives are Appropriate. Amy Augustine, City Planner
I.Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing
B. Public Hearing: Ordinance 525, Hold a Public Hearing, Second Reading to Consider Amending the City of Angels Municipal Code (AMC) to Update the City’s Mobile Home and Manufactured Housing Provisions Including Chapter 17.09 (Definitions), Amending Section 17.06.110 (Manufactured Homes as Single-Family Dwellings), Deleting Chapter 17.54 (Mobile Home Combining District), Replacing it with a New Chapter 17.54 (Mobile Home Parks and Manufactured Home Parks), Deleting Chapter 15.08 (Mobile Homes, Mobile Home and Manufactured Home Parks) and Combining it with New Chapter 17.54.

I. Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing
C. PUBLIC HEARING: Ordinance 526, Hold a Public Hearing, Second Reading to Consider Amending Angels Municipal Code (AMC) to Update the City’s Condominium Conversion Provisions.

I.Receive Staff Report
II.Open Public Hearing
III.Receive Public Comment
IV.Close Public Hearing

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 D. Discussion, Direction, and Action Microsoft 365 Migration, Rebecca Callen, City Administrator E. Discussion and Approval of a Standard City Logo, Rebecca Callen, City Administrator F. Discussion on Federally Funded Programs to Assist with Arrearages, Rebecca Callen, City Administrator G. Discussion and Approval of a Transfer of Funds from UPA Reserve Account Held with Mechanics Bank, and Adopt Resolution No. 22-13 Rescinding Resolution 96-45, Rebecca Callen, City Administrator H. Discussion of Engineering Services Contract and Approval of Budget Amendments, Rebecca Callen, City Administrator
I. Discussion and Direction Regarding Fireworks in the City of Angels, Rebecca Callen, City Administrator J. Discussion, Direction and Action on Parade Fee Waiver, Adoption of Resolution No. 22-12, Approving a No Fee Waiver Policy, Rebecca Callen, City Administrator

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

10. CALENDAR

11. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at City Hall 209-736-2181, [email protected]. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title II) Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection at City Hall at 200 Monte Verda Street Ste. B, Angels Camp, CA 95222 during normal business hours.

The Agenda is also available on line at www.angelscamp.gov.

City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.A
Draft Minutes March 15, 2022, Rose Beristianos, City Clerk _____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES, CITY OF ANGELS
CITY COUNCIL March 15, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (ABSENT) Alvin Broglio Vice Mayor (PRESENT) Jennifer Davis-Herndon Council Members (ALL PRESENT) Gretel Tiscornia, Isabel Moncada, Caroline Schirato City Administrator Rebecca Callen (PRESENT) City Attorney Doug White (Not Present and no substitute) 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT - NONE

3. ADJOURN TO CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator and Douglas L. White, Attorney Employee Organization: City of Angels Employee’s Association (Exempt) 6:00 p.m. REGULAR MEETING

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. REPORT OUT OF CLOSED SESSION
A. Conference with Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator and Douglas L. White, Attorney Employee Organization: City of Angels Employee’s Association (Exempt)

DIRECTION GIVEN TO STAFF

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
Council member Moncada motioned to approve the agenda, seconded by Council Member Tiscornia, and passed 4 yes 1 absent

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

5. PUBLIC COMMENT - None

6. CONSENT AGENDA
A. Approval of February 15, 2022 Regular Meeting Draft Minutes B. Adopt Resolution No. 22-08 Approving a Road Closure of State Route 49 in the City of Angels Historic District for the Annual Youth Parade Road Closure, Alicia Smith, Deputy City Clerk C. Adopt Resolution No. 22-09 Approving Banners over State Route 49 in the City of Angels Historic District, Alicia Smith, Deputy City Clerk
D. Approve Agreement for Supplemental Firefighter Services, Rebecca Callen, City Administrator E. Adopt Resolution No. 22-10, Directing Preparation of the Engineers report for the Continuation of the Landscaping and Lighting District No. 1 – Greenhorn Creek, Rebecca Neilon, City Engineer F. Adopt Resolution No. 22-11, Initiating Proceeding for the Formation of a Landscaping and Lighting District No. 2 Greenhorn Creek Pursuant to Provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California, and Designating SCI Consulting Group as the Engineer of Record, Rebecca Neilon, City Engineer
G. City of Angels, February 2022 Accounts Payable Checks Issued Council Member Schirato motioned to approve the consent agenda, seconded by Council Member Moncada, and passed 4 yes 1 absent

7. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance 521, Second Public Hearing to Consider Amending Angels Municipal Code (AMC) Chapter 17.85 to update Planning Commission Procedures and Establish a Sign Review Subcommittee to Facilitate Sign Review in the Historical Commercial (HC) District, Amy Augustine, City Planner I.Receive Staff Report - Given
II.Open Public Hearing - Opened
III.Receive Public Comment - None
IV.Close Public Hearing – Closed
Motion to amending ordinance 521 by Council Member Tiscornia, seconded by Council Member Moncada, and passed 4 yes 1 absent
B. PUBLIC HEARING: Ordinance 522, Second Public Hearing to Consider, Amy Augustine, City Planner:

A. Adding a New Angels Municipal Code Section 17.06.210 Codifying the California Housing Accountability Act Including Special Finding for Denying Certain Housing, Emergency Shelter, and Farmworker Housing Projects
B. Adding Angels Municipal Code Section 17.06.220 Defining Low Barrier Navigation Centers, Addressing Permit Processing and Zoning Districts Where it is an Allowed Use, by Right, and Permitting Procedures and Requirements as Established by State Law I. Receive Staff Report - Given
II.Open Public Hearing - Opened
III.Receive Public Comment - None
IV.Close Public Hearing – Closed

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Motion to approve ordinance 522 by Council Member Moncada, seconded by Council Member Schirato, and passed 4 yes 1 absent
C. PUBLIC HEARING: Ordinance 523, Second Public Hearing to Consider Adding Angels Municipal Code Section

16.04.045 Incorporating Parcel and Subdivision Map Findings Related to Fire Protection in Accordance with State Law, Amy Augustine, City Planner
I.Receive Staff Report - Given
II.Open Public Hearing - Opened
III.Receive Public Comment - None
IV.Close Public Hearing – Closed
Motion to approve ordinance 523 by Council Member Schiarto, seconded by Council Member Tiscornia, and passed 4 yes 1 absent
D. Discussion and Direction for Strategic Goals for 2022-23 and Next Steps for Phase II of the Strategic Plan, Rebecca Callen, City Administrator
Administrator Discussion, Council Discussion
Public Comment:

Tim Oskey Spoke in favor if City Gate
Veronica M. Spoke in favor
Motion by Council Member Moncada to move forward with City Gate, seconded by Council Member Schirato and passed 4 yes, 1 absent
E. Discussion of Financial Review February 2022 and Approval of Budget Amendments, Rebecca Callen, City Administrator
Administrator Discussion, Council Discussion
Public Comment:

Veronica M, thanked staff
Motion to approve budget amendments by Vice Mayor Herndon, seconded by Council Member Moncada and passed 4 yes 1 absent

8. ADMINISTRATION REPORT – City Administrator Rebecca Callen gave her report

9. COUNCIL REPORT – Council provided their reports

10. CALENDAR – City Clerk emailed to Council

11. ADJOURNMENT
Motion to adjourn the meeting at 7:24pm by Council Member Moncada, seconded by Council Member Tiscornia, and passed 4 yes 1 absent
__________________________________
Jennifer Davis-Herndon, Vice Mayor
_______________________________
Rose Beristianos, City Clerk
City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.B
Draft Minutes April 5, 2022, Rose Beristianos, City Clerk _____________________________________________________________________

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

DRAFT MINUTES CITY OF ANGELS
CITY COUNCIL April 5, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1 st and 3rd Tuesday of each month. The Agenda is divided into two sections:

CONSENT AGENDA: These matters include routine financial and administration actions and are usually approved by a single majority vote.

REGULAR AGENDA: These items include significant financial and administration actions of special interest, hearings and work sessions.

Mayor (PRESENT, left at 7:15pm) Alvin Broglio Vice Mayor (PRESENT) Jennifer Davis-Herndon Council Members Gretel Tiscornia (PRESENT) , Isabel Moncada(ABSENT), Caroline Schirato (PRESENT) City Administrator Rebecca Callen (ABSENT) City Attorney Doug White Scott Miller (Present) 5:30 p.m. CLOSED SESSION (CANCELLED)

1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
Action: Motion to approve the agenda by Mayor Broglio with tabling items D, E, G, H and I on regular agenda to April 19th, 2022 meeting, Second by Vice Mayor Herndon, and Passed 4 Yes, 1 Absent

5. PUBLIC COMMENT
Matt Stammerjohn, spoke about 2 violations, one Tractor supply and the parking lot being used as a display and storage area, second historic downtown does not allow neon signs, except for the Theater and there are two neon signs displayed at businesses
Debbie Ponte, spoke on behalf of ACBA, Disappointed that not all items being discussed and was not advised ahead of time. She spoke about the 3 fundraisers ACBA is doing. Spoke about Angels Rotary shred fest and also discussed the logo that was on the agenda but was pulled Laurie G, spoke about April 30th grand opening for frog jump exhibit at museum from 11-2pm.

Juliana, from Bret Harte, spoke about Senior Fundraiser on May 1 from 2 to 7pm. Tickets can be purchased from Leadership class.

Sara Wiebe, spoke about farmers market and her stepping down Sage Painter, spoke about farmers market as she is the new manger and she introduced herself

6. CONSENT AGENDA
A. Acknowledge the Completion of the City of Angels Housing Element Annual Report (APR) for 2021, Amy Augustine, City Planner
Action: Motion to approve the consent agenda by Vice Mayor Herndon, second by Council Member Schirato, and passed 4 yes, 1 absent

7. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance 524, Waive the First Reading, Hold a Public Hearing, and Set April 19, 2022, for a Second Public Hearing to Consider Amending Angels Municipal Code (AMC) Chapter 17.06.190 Paragraphs F and K to Update the City’s Affordable Housing Incentives to Incorporate Off-Site Improvements and Clarify when Incentives are Appropriate. Amy Augustine, City Planner I.Receive Staff Report - Given
II.Open Public Hearing - Opened
III.Receive Public Comment - None
IV.Close Public Hearing – Closed, set April 19, 2022 as second reading B. Public Hearing: Ordinance 525, Waive the First Reading, Hold a Public Hearing, and Set April 19, 2022, for a Second Public Hearing to Consider Amending the City of Angels Municipal Code (AMC) to Update the City’s Mobile Home and Manufactured Housing Provisions Including Chapter 17.09 (Definitions), Amending Section 17.06.110 (Manufactured Homes as Single-Family Dwellings), Deleting Chapter 17.54 (Mobile Home Combining District), Replacing it with a New Chapter 17.54 (Mobile Home Parks and Manufactured Home Parks), Deleting Chapter 15.08 (Mobile Homes, Mobile Home and Manufactured Home Parks) and Combining it with New Chapter 17.54.

I. Receive Staff Report- Given
II.Open Public Hearing - Opened
III.Receive Public Comment -None
IV.Close Public Hearing – Closed, set April 19, 2022 as second reading

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 C. PUBLIC HEARING: Ordinance 526, Waive the First Reading, Hold a Public Hearing, and Set April 19, 2022, for a Second Public Hearing to Consider Amending Angels Municipal Code (AMC) to Update the City’s Condominium Conversion Provisions.

I.Receive Staff Report -Given
II.Open Public Hearing - Opened
III.Receive Public Comment -Matt Stammerjohn asked one question IV.Close Public Hearing – Closed, set April 19, 2022 as second reading D. TABLED to April 19, 2022: Discussion, Direction, and Action Microsoft 365 Migration, Rebecca Callen, City Administrator
E. TABLED to April 19, 2022: Discussion and Approval of a Standard City Logo, Rebecca Callen, City Administrator
F. Discussion, Direction, and Action on Banner Fee Waivers, Adoption of Resolution No. 22-21, approving a NO Fee Waiver Policy, Rebecca Callen, City Administrator Council Discussion, opened public comment
Laurie G spoke about costs and would like all fees waived, spoke about costs in the past.

Chief Ellis spoke about Caltrans permit and road closure Council Discussion
Caroline Schirato made the motion to waive the banner fee for fair ground, Wiskereno and Clothesline, Second by Alvin Broglio, and passed 4 yes 1 absent
Debbie P spoke how staff report was not as complete as should be and there being a lot of moving parts. Past City Council has helped with donations / grants. Stopped in 2017 and was previously handled during budget. ACBA participates in Budget hearings, spoke on cost and how they cannot afford it, they are an non-profit agency
Sara Wiebe spoke that during her presentations she asked to have the fee waived and they were waved because they were grandfathered in.

Mayor Broglio had to leave the meeting at 7:15pm
Justin (Business Owner) spoke about concerns if events cant happen Jeff Johnson spoke on behalf of ACBA and mentioned his concerns and the importance of events Council Discussion
Vice Mayor Herndon motioned for the City to Absorb the hard costs and will not charge ACBA for the kitchen, Utica park and banner fee for 2022, second by Gretel Tiscornia, and passed 3 yes 2 absent G. TABLED to April 19, 2022: Discussion on Federally Funded Programs to Assist with Arrearages, Rebecca Callen, City Administrator
H. TABLED to April 19, 2022: Discussion and Approval of a Transfer of Funds from UPA Reserve Account Held with Mechanics Bank, and Adopt Resolution No. 22-13 Rescinding Resolution 96-45, Rebecca Callen, City Administrator
I. TABLED to April 19, 2022: Discussion of Engineering Services Contract and Approval of Budget Amendments, Rebecca Callen, City Administrator

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181

8. CORRESPONDENCE
A. March 14, 2022 Consolidated Staff Report
B. March 15, 2022 Letter from Vaughn Tribble
C. March 15, 2022 Consolidated Staff Report
D. March 30, 2022 Letter of Support for Second Segment on the State Route 4 Wagon Trail

9. ADMINISTRATION REPORT -Tabled

10. COUNCIL REPORT – Council provided their reports

11. CALENDAR – City Clerked emailed

12. ADJOURNMENT
Caroline Schirato motioned to adjourn the meeting at 7:33pm, seconded by Vice Mayor Herndon, and passed 3 yes 2 absent
_______________________
Jennifer Davis-Herndon
Vice-Mayor
______________________
Rose Beristianos
City Clerk
City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.C
Approval of Fire Department Self Contained Breathing Apparatus Purchase and Budget Transfer Request, John Rohrabaugh, Fire Chief
_____________________________________________________________________ Date: April 19, 2022
To: City of Angels City Council
From: John Rohrabaugh, Fire Chief
RE: New Fire Department Self Contained Breathing Apparatus purchase Recommendation
Staff recommends City Council approved the amount not to exceed $77,500 to purchase 12-Scott X3 Pro Air Pak, and 24-Scott 45 Min air cylinders.

Background
The City of Angels Fire Department’s current inventory of Self-Contained Breathing Apparatus (SCBA) was purchased using grant funds in 2003. NIOSH and NFPA set a retirement date of SCBA’s at 15 years from the date of manufacture. Due to a lack of revenue, we have been unable to replace our current SCBA inventory. SCBA’s are required to be worn whenever a person is in an immediately dangerous to life and health (IDLH) environment. The term immediately dangerous to life or health (IDLH) is defined by the US National Institute for Occupational Safety and Health (NIOSH) as exposure to airborne contaminants that are "likely to cause death or immediate or delayed permanent adverse health effects or prevent escape from such an environment." Examples include smoke or other poisonous gases or decrease oxygen levels. Although our SCBA’s are tested for operational effectiveness annually, the current inventory has exceeded the mandated retirement date.

We are purposing the utilization of strike team revenue to purchase 12 complete scba air pak units, complete with facepiece and cylinder and 12 additional air cylinders for support. This capital purchase will handle the SCBA needs of the department for the next 15 years and bring us into compliance with State and Federal mandates.

Financial Impact
Expenditures breakdown;
$73,500 010601050073 strike team SCBA
$4,000 010600050073 general fund SCBA (currently budgeted) $77,500 total not to exceed
Attachments:

Budget Adjustment
Quotes

City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.D
Approval of Capital Vehicle Order Authorization, Rebecca Callen, City Administrator _____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: April 19, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVAL OF CAPITAL VEHICLE ORDER AUTHORIZATION

RECOMMENDATION
Approve the order of a Chevrolet Tahoe K9 Vehicle that will be delivered and paid in Fiscal Year 2022-

23. BACKGROUND
The City Police orders vehicles through the State Contract with Elk Grove Auto Group. Due to delays, the order must be made in this fiscal year even though delivery won’t occur and payment won’t be made until next fiscal year. The current K9 vehicle has over 100,000 miles on it and requires replacement.

DISCUSSION
To meet purchasing requirements, the City Council must approve and authorization to purchase and the appropriations will be included in the 2022/23 budget.

FINANCIAL IMPACT
This requires a Council action to approve the Purchase Order.

ATTACHMENTS
PO 30019

City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.E
Authorize Payment and Budget Adjustment, to Cole Tiscornia Construction for the Emergency Repair on the Sinkhole at Mark Twain Road and Fairview Drive, Chris O'Flinn, Public Works Superintendent
_____________________________________________________________________ ANGELS
CAMP
C/\LIFORNI/\

PUBLIC WORKS DEPARTMENT
CITY OF ANGELS PO Box 667, 200 B Monte Verda Street, Angels Camp, CA 95222 P: (209) 736-1346 F: (209) 736·9048 DATE: April 19, 2022
TO: City Council
FROM: Chris O'Flinn, Public Works Department
RE: Authorize Payment and Budget Transfer for Fairview Sinkhole Repair RECOMMENDATION:

Authorize payment to Cole Tiscornia Construction to repair the sinkhole at Mark Twain Road and Fairview Drive.

BACKGROUND:

On December 9
th 2021, a sinkhole opened up at Mark Twain Road and Fairview Drive.

DISCUSSION:

On December 9
th• 2021, the City's Public Works Director was notified of a sinkhole opening up at the intersection of Mark Twain Road and Fairview Drive. The sinkhole was undermining the adjacent roadway and required closure of the intersection.

Quick coordination between Public Works, En.gineering, and Police addressed this situation protecting the public safety.

The contractor utilized was on the City's pre-approved list of contractors for Emergency Repair work.

This list of contractors was procured in 2019 and is due to be renewed.

The contractors invoice for $11,772.35 was received the first week of April 2022. Council approval will be needed for this unplanned expenditure.
#---
H
-o_m_�_o_f _th_o_C
_�_lo_b_rMOO __ ,
J
u_m_p_1_n_�_Fr_o_g_•_
C
i_t,_• O'f_
A
_n_g_ol_s_m_c_o_. rp_o_ro:_t_od_
L
_9_12-,-,-VW1J-!rl-.. ,1.-n-�-lo_S()_il._m_1P_i,>, -,·----

City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.F
Discussion and Approval of Defensible Space Clearing Project Expenditures, Rebecca Callen, City Administrator
_____________________________________________________________________

EXPENDITURES

RECOMMENDATION
Approve the expenditures for the defensible space clearing project

BACKGROUND
Historically, staff has not followed purchasing code for the Landscape and Lighting District with the understanding that those requirements were specific to the City of Angels. Per Public Contract Code {1100-22355} the LLD is considered a “Public Entity” and is therefore required to also adhere to the Public Contract Code, which requires all public work to be bid and contract, based on the cost of the project.

DISCUSSION
Rebecca Neilon is the contracted staff for the LLD and has handled the projects and the Prop 218 outreach for the District. Recently a request for Defensible Space Clearing occurred and Ms. Neilon proceeded to engage with a vendor to clear the space.

The type of equipment needed for this thick vegetation removal requires gasoline engines, and within 4 to 8 weeks, the state of CA will suspend the use of equipment with these types of motors. Ms. Neilon has experience with two other contractors that can do this type of work. She presented the project to Burnor Outdoor Services. The informal pricing, she collected was $2,500/acre through CHIPS a local non-profit forestry management company, $1,600 per acre through a local unlicensed resident, and $1,450 per acre through Burnor Outdoor Services, which is licensed and carries appropriate insurance. Upon receiving a written proposal from Daniel confirming his quote, Ms. Neilon accepted and gave him notice to proceed.

However, the total of the work exceeded the City Administrators authority to approve. The total of the work was $11,680. Given that the City did not have the authority to proceed with payment, Ms. Neilon paid the vendor directly, using her personal funds.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Going forward, Ms. Neilon will engage with any vendors, just as the City would, requiring Requests for Proposal/Qualifications when needed, requiring a written contract, proof of insurance, etc., and get the Purchasing Agent, the City Administrator, to approve purchases.

The request at this point is to approve the work, retroactively, and for approval to reimburse Ms. Neilon $11,680.

FINANCIAL IMPACT
None at this time. The LLD has a sufficient budget for the project. A request to proceed with a loan for Prop 218 will be forthcoming.

ATTACHMENTS
Proposal

City of Angels Council Meeting
APRIL 19, 2022 CONSENT AGENDA 6.G
City of Angels, March 2022 Accounts Payable Checks Issued _____________________________________________________________________

CITY CLERK
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

April 19, 2022
City Council
Rose Beristianos, City Clerk
Monthly AP Checks Issued

BACKGROUND
At the March 1, 2022 Council meeting the City Administrator mentioned that staff would be providing a report that shows which checks were issued for the previous month at the second Council meeting.

DISCUSSION
Staff is providing Council with the report that shows all the checks that were issued for the month of March.

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Accounts Payable Checks March 2022
City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.A
PUBLIC HEARING: Ordinance 524, Hold a Public Hearing, Second Reading to Consider Amending Angels Municipal Code (AMC) Chapter 17.06.190 Paragraphs F and K to Update the City’s Affordable Housing Incentives to Incorporate Off-Site Improvements and Clarify when Incentives are Appropriate. Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
_____________________________________________________________________ Affordable Housing Incentives Page -- 1
DATE: April 19, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: Second Reading and Adoption Ordinance 524 - Affordable Housing Incentives RECOMMENDATION:

Re-introduce Ordinance 524, waive the second reading, hold a public hearing, adopt and direct the City Clerk to publish the ordinance in accordance with Ordinance 524 Section 2 amending Angels Municipal Code (AMC) Chapter 17.06.190 Paragraphs F and K to update the City’s Affordable Housing Incentives to incorporate off-site improvements and clarify when incentives are appropriate.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The Planning Commission approved Resolution of Intent 22-09 on March 10, 2022, to provide the changes described above. On April 5, 2022, the City Council introduced the ordinance, waived the first reading and set April 19, 2022 to consider adoption.

Previous code revisions incorporated many of the incentives called for in the General Plan Housing Element Program 2.A.b. However, in completing the Habitat for Humanity Project, the need to include flexibility for off-site improvements as a potential incentive was identified and included in the City’s SB2 grant funding application. That change has been proposed in the attached code revisions. In addition, while undertaking the revision, a review of other incentive programs in jurisdictions statewide identified an additional provision included here for Planning Commission consideration including: flexible sizing and configuration in design.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan policies and programs:

Affordable Housing Incentives Page -- 2
Program 1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency
Program 2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan
Program 2.A.b Continue to Encourage the Establishment of Small, Affordable Housing Units Distributed Throughout the City/Map Infill Parcels
Continue to encourage the provision of smaller (e.g., duplex, triplex) multifamily infill projects in appropriately zoned districts through programs including, but not limited to:…

1. Amend the City of Angels Municipal Code to expand incentives available to affordable housing projects whether they qualify for a density bonus, including, but not limited to
i. Increase allowable maximum building coverage
ii. Reduced setbacks where such a reduction will not create a health or safety hazard
iii. Reduced parking/alternative parking configurations iv. Replace the requirement for a variance with a requirement for a conditional use permit for buildings exceeding maximum height limits subject to review and approval by the fire department. This waiver does not apply within the historic district.

2. Waive application fees for lot mergers undertaken in conjunction with the provision of affordable housing pursuant to this program Previous code revisions incorporated many of the preceding incentives. In completing the Habitat for Humanity Project, the need to include potential incentives for flexibility for off-site improvements also was identified.

The proposed revisions will specifically implement the three general plan programs calling for changes to the Municipal Code, as cited. Therefore, the proposed changes are consistent with the general plan and the municipal code.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

The primary purposes of the proposed code amendments are to implement the Housing Element of General Plan 2020. Therefore, the changes will not be substantially detrimental to the health, safety, or general welfare of the City.

Based on the preceding, the proposed code amendments are consistent with this finding.

Affordable Housing Incentives Page -- 3

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed code amendments are exempt from further review, because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

ATTACHMENTS:

A. Ordinance 524 with proposed code amendments (Attachment A to Ordinance 524) B. Planning Commission Resolution of Intent 22-09 with Redline/Strikeout proposed code changes Affordable Housing Incentives Page -- 4

ATTACHMENT A
Affordable Housing Incentives Page -- 5

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 524
AN ORDINANCE AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) CHAPTER 17.06.190 PARAGRAPHS F AND K TO UPDATE THE CITY’S AFFORDABLE HOUSING INCENTIVES TO INCORPORATE

OFF-SITE IMPROVEMENTS AND CLARIFY WHEN INCENTIVES ARE APPROPRIATE THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend the City of Angels Municipal Code amending Chapter 17.06.190 paragraphs F and K to update the City’s affordable housing incentives to incorporate off-site improvements and clarify when incentives are appropriate per Attachment A.

Section 2: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.

The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on April 5, 2022, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on April 19, 2022, by the following vote:

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Vice-Mayor
ATTEST:

Rose Beristianos, City Clerk
Affordable Housing Incentives Page -- 6
Attachment A to Ordinance 524

17.06.190 Density bonuses, Incentives.

F. Residential Incentives.

1. Number of Incentives Available. A housing development providing affordable housing as defined herein is entitled to receive at least one incentive in addition to the density bonus. Incentives are available for qualifying housing developments as follows:

Table 17.06.190-2
Number of Incentives Available
Where housing development includes at least the identified % of base units for the indicated income category
One Incentive Two Incentives Three Incentives Additional Incentives
5% very low income; or
10% lower income; or
10% moderate income/a/
10% very low income; or
20% lower income; or
20% moderate
income/a/
15% very low income; or
30% lower income; or
30% moderate income/a/
At discretion of the
Planning Commission
subject to City
Council approval (See
Paragraph 3)
/a/ Moderate income households in a common interest development

2. Types of Incentives Available. Where a housing development qualifies for incentives pursuant to this section, the applicant may request one or more incentives in accordance with Table 17.06.190-2.
a. Reduced setbacks;
b. Reduced square footage per unit;
c. Reduced minimum parcel size and/or dimensions;
d. Reduced on-site parking requirements including reductions in guest parking; e. Alternative parking configuration;
f. Increased floor area ratio or lot coverage;
g. Increased height limit subject to review and approval by the appropriate fire safety official;
Affordable Housing Incentives Page -- 7
h. Approval of mixed use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located; i. Varied design and square footage of affordable units as long as the project remains architecturally harmonious. Attached units, smaller (in square footage) units and other design variations from market rate units shall be permitted within reason by the review authority to reduce costs of
providing affordable units. Affordable developments are encouraged to include shared common spaces in order to reduce the size of individual living units and increase community interaction. Examples include co-housing, livework housing opportunities, or other types of housing that create shared spaces. j. Other regulatory incentives proposed by the developer or the city resulting in actual cost reductions, including those related to off-site improvements under the jurisdiction of the City and subject to the review and approval of the City Engineer and fires safety official, as applicable.

3. Additional Incentives. Incentives in excess of the quantity available pursuant to Table

17.06.190-2 may be granted subject to the issuance of a conditional use permit. (No changes paragraphs G, H, I, J)
K. Density Bonus for Condominium Conversion.

1. Condominium conversion projects pursuant to this section shall be processed in compliance with AMC Title 16, Subdivisions Section 16.12.010 and Section 17.06.230.

Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16. (No change remainder of paragraph K)
Affordable Housing Incentives Page -- 8
Attachment B
Affordable Housing Incentives Page -- 9

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-09

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL
AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) TO UPDATE THE CITY’S

AFFORDABLE HOUSING INCENTIVES TO INCORPORATE OFF-SITE IMPROVEMENTS WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City, the public health, safety and general welfare of the public; necessary for the General Plan Housing Element implementation, consistency with the City of Angels General Plan and internal code consistency; and WHEREAS, a notice of public hearing for the proposed action was published February 24, 2022, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 10, 2022, and received public input on the proposed amendments including AMC Chapter 17.06.190 paragraphs F and K addressing affordable housing incentives; and
WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending the Municipal Code pursuant to Attachment to Resolution 22-09 in accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on March 10, 2022, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 10th day of March, by the following vote:

Affordable Housing Incentives Page -- 10
AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Affordable Housing Incentives Page -- 11

ATTACHMENT TO PC RESOLUTION
(REDLINE/STRIKEOUT)
Affordable Housing Incentives Page -- 12
Attachment B
Redline/Strikeout
Affordable Housing Incentives Page -- 13
Affordable Housing Incentives Page -- 14
Density bonuses granted pursuant to this subsection shall be processed concurrently with required tentative and final maps pursuant to Title 16.

City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.B
Public Hearing: Ordinance 525, Hold a Public Hearing, Second Reading to Consider Amending the City of Angels Municipal Code (AMC) to Update the City’s Mobile Home and Manufactured Housing Provisions Including Chapter 17.09 (Definitions), Amending Section 17.06.110 (Manufactured Homes as SingleFamily Dwellings), Deleting Chapter 17.54 (Mobile Home Combining District), Replacing it with a New Chapter 17.54 (Mobile Home Parks and Manufactured Home Parks), Deleting Chapter 15.08 (Mobile Homes, Mobile Home and Manufactured Home Parks) and Combining it with New Chapter 17.54.

I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
_____________________________________________________________________ Mobilehome and Manufactured Home Code Amendments Page - 1 DATE: April 19, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: Second Reading and Adoption: Ordinance 525 updating the City’s Mobilehome and Manufactured Housing Provisions
RECOMMENDATION:

Re-introduce Ordinance 525, waive the second reading, hold a public hearing, adopt, and direct the City Clerk to publish the ordinance in accordance with Ordinance section 2, amending the City of Angels Municipal Code (AMC) to update the City’s Mobilehome and Manufactured Housing Provisions including Chapter 17.09 (Definitions), amending Section 17.06.110 (Manufactured homes as single-family dwellings), deleting Chapter 17.54 (Mobilehome Combining District), replacing it with a new Chapter

17.54 (Mobilehome parks and manufactured home parks), deleting Chapter 15.08 (Mobilehomes, Mobilehome and manufactured home parks) and combining it with new Chapter 17.54.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. Resolution of Intent 22-10 was approved by the Planning Commission on March 10, 2022, recommending to the City Council the changes described above. The City Council introduced the ordinance on April 5, 2022, held a public hearing and set April 19, 2022 for a second reading and to consider adoption.

The City received SB2 funds to assist in a comprehensive update of its Municipal Code, including this amendment. This funding is intended to assist with updating the Angels Municipal Code to implement the General Plan Housing Element. The Planning Commission has been undertaking these changes for nearly two years and is nearing completion.

Past changes resulted in new definitions for mobilehomes and manufactured homes. In summary, mobilehomes are those structures manufactured prior to June 15, 1976, and manufactured homes are those manufactured after June 15, 1976.

For consistency with state law, the proposed code changes:
• Require mobilehomes in the city limits to be located within a Mobilehome park. • Allows manufactured homes to be located on single-family residential lots, but only on a permanent foundation and subject to various design requirements.

Mobilehome and Manufactured Home Code Amendments Page - 2 • Manufactured homes not on permanent foundations must be located within a manufactured home park.
• Consolidates guidelines for mobile and manufactured home parks found in two different code chapters into a single chapter and eliminates conflicting requirements. • Eliminates the Mobilehome combining district which is currently not in use and is no longer necessary with the proposed code changes.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan policies and programs:

Program 1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency
Program 2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan
Program 2.B.j Update the City’s Mobilehome/Manufactured Housing Provisions Amend the City of Angels Municipal Code to comply with the provisions of California Government Code Section 65852.3 (as may be amended) to allow manufactured homes on single-family residential lots. Include provisions that prohibit the installation of mobilehomes constructed prior to June 15, 1976 within the City limits and to require all mobilehomes constructed after June 15, 1976 to be on a permanent foundation unless located within a mobilehome park.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

Based on the preceding, the proposed code amendments are consistent with this finding.

Mobilehome and Manufactured Home Code Amendments Page - 3 ATTACHMENTS:

A. REFERENCE: Previously adopted definitions of Mobilehome and manufactured home B. Ordinance 525 with Attachment A (Proposed Code)
C. Planning Commission Resolution of Intent 22-10 with proposed changes to existing code sections copy proposed code changes)
Mobilehome and Manufactured Home Code Amendments Page - 4

ATTACHMENT A
For Reference Only (Changes to Definitions already adopted) Mobilehome.

A “Mobilehome,” means a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected onsite, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Mobilehome” includes any structure that meets all the requirements of this paragraph and complies with the state standards for mobilehomes in effect at the time of construction. “Mobilehome” does not include a commercial modular, as defined in H&S Section 18001.8, factory-built housing, as defined in H&S Section 19971, a manufactured home, as defined in H&S Section 18007, a multifamily manufactured home, as defined in H&S Section 18008.7, or a recreational vehicle, as defined in H&S Section 18010.

Mobilehome Park.
”Mobilehome park” is as defined in Health and Safety Code Section 18214. It is any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobilehomes, or (before 1982) for recreational vehicles used for human habitation. The rental paid for a manufactured home, a mobilehome, or a recreational vehicle shall be deemed to include rental for the lot it occupies. This subdivision shall not be construed to authorize the rental of a mobilehome park space for the accommodation of a recreational vehicle in violation of Section 798.22 of the Civil Code. Civil Code 798.22 states that in any new mobilehome park developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as defined by Section 799.29 unless the mobilehome park has a specifically designated area within the park for recreational vehicles, which is separate and apart from the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated area.

Manufactured home, manufactured housing
“Manufactured home” or “manufactured housing” is as defined in Health and Safety Code Section 18007. A “Manufactured home” is a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and Mobilehome and Manufactured Home Code Amendments Page - 5 complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Sec. 5401, and following).

Mobilehome and Manufactured Home Code Amendments Page - 6

ATTACHMENT B
Ordinance 525 with Proposed Code
Mobilehome and Manufactured Home Code Amendments Page - 7

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 525
AN ORDINANCE AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) TO UPDATE THE CITY’S

MOBILEHOME AND MANUFACTURED HOUSING PROVISIONS
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend the City of Angels Municipal Code to update the City’s Mobilehome and Manufactured Housing Provisions including Chapter 17.09 (Definitions), amending Section 17.06.110 (Manufactured homes as single-family dwellings), deleting Chapter 17.54 (Mobilehome Combining District), replacing it with a new Chapter 17.54 (Mobilehome parks and manufactured home parks), deleting Chapter 15.08 (Mobilehomes, Mobilehome and manufactured home parks) and combining it with new Chapter 17.54 per Attachment A.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer Davis-Herndon, Vice-Mayor
ATTEST:

Rose Beristianos, City Clerk
Mobilehome and Manufactured Home Code Amendments Page - 8 Attachment A to Ordinance 525

17.09 (Definitions) (Added or amended)
Dwelling, single-family.
"Single-family dwelling" shall mean a structure designed for occupancy of one family. Single family dwelling includes mobilehomes in a Mobilehome Park and manufactured homes on a permanent foundation. (Ord. 439 (part), 2010: Ord. 270 (part), 1984. Formerly 17.09.150) Manufactured Home Parks.
“Manufactured Home Park” is the same as a “mobilehome park,” but includes manufactured homes rather than mobilehomes. Manufactured homes in a manufactured home park or mobilehome park do not require a permanent foundation.

Mobilehome and Manufactured Home Code Amendments Page - 9 Adopt Section 17.06.110 as follows:

17.06.110 Manufactured homes as single-family dwellings.

A manufactured home may be located upon any standard residential lot in any residential zone which allows single-family residences subject to the standards contained in this section except that they may not be located on real property that is listed in the California Register of Historic Places pursuant to Government Code § 65852.3(b).

A. Standards for Construction. The manufactured home shall:

1. Be occupied only as a residential unit;

2. Be subject to the same requirements for building height, lot coverage, side yard setbacks, front yard setbacks, rear yard setbacks, and usable open space as required in the zone in which the home is located;

3. Be attached to a permanent foundation system in compliance with all applicable building regulations including California Health and Safety Code Section 18551 (and as may be amended);

4. A manufactured home shall only be located on a permanent foundation system on a single lot if:
a) It has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 and;
b) Less than ten (10) years have elapsed between the date of manufacture of the manufactured home and the date of application for the issuance of a permit to install the manufactured home; and
c) It is factory-built housing as defined in California Health and Safety Code Section 19971; and
d) It has not been altered in violation of applicable codes.

5. Have a minimum width of twenty feet excluding garages, porches, patios, eaves, etc.

6. Architecture and design shall incorporate:
i. Siding and roofing materials compatible with the surrounding conventional single-family residential development.
ii. Exterior covering shall extend to the ground, except when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Skirting is prohibited.

Mobilehome and Manufactured Home Code Amendments Page - 10 iii. Walkways, driveways, flatwork, hardscaping, and landscaping shall be compatible with surrounding conventional single-family residential development
iv. Roofing shall have eave and gable overhangs of not less than one foot measured from the vertical side of the structure and roof pitch of not less than three inches vertical rise for each twelve inches of horizontal run. v. If an enclosed garage is required within the zoning district in which the dwelling unit is to be located, the design and materials of the garage shall be compatible with the main dwelling;
B. Taxation.

A manufactured home which has been placed on a permanent foundation system shall be deemed to be subject to local property taxation pursuant to Section 18551 of the California Health and Safety Code and Section 109.7 of the Revenue and Taxation Code.

C. Permits. Prior to installation of a manufactured home, the owner or a licensed contractor shall:

1. Obtain a building permit from the City of Angels Community Development Department for review of site preparation, grading, setbacks, utility installation, encroachments, issuance of a certificate of occupancy and related items reviewed for a single-family residence;

2. Obtain necessary permits and licenses from the California Department of Housing and Community Development for installation;

3. After obtaining the required permits, the owner or contractor shall comply with all requirements of the City Building Permit and California Health and Safety Code Section 18551(a) as prescribed by the state.

Mobilehome and Manufactured Home Code Amendments Page - 11 Chapter 17.54

MOBILEHOME PARK, MANUFACTURED HOME PARK
Sections:

17.54.010 Purpose and intent.

17.54.020 Permitted Uses.

17.54.030 Conditional Uses.

17.54.040 Manufactured home park and mobilehome park standards.

17.54.10Purposes and intent.

A. The purpose of this Chapter is to establish locations and standards for mobilehomes and manufactured homes within the City as necessary to provide for a wide variety of housing choices for all income levels.

B. Mobilehomes within the City limits shall be located within a mobilehome park.

C. Manufactured homes not on a permanent foundation shall be located within a manufactured home park. Manufactured homes on a permanent foundation are addressed in AMC Section 17.06.110.

17.54.020 Permitted Use.

Mobilehome parks or manufactured home parks are permitted within the R-3 zoning district except as otherwise required in Chapters 17.73 and 17.74 (Site Development Permit, Administrative Site Plan Review).

17.54.030 Conditional Uses.

Mobilehome parks or manufactured home parks require acquisition of a Conditional Use Permit pursuant to AMC Section 17.78 in the R-1 and R-2 zoning districts.

17.54.040 Manufactured home and mobilehome park standards.

A. Minimum parcel size/density.

Each manufactured home or mobilehome space shall have a minimum space area of three thousand five hundred square feet Density of the park shall be consistent with the site’s general plan land use designation and zoning district.

B. Setbacks.

1. Individual homes in the mobilehome or manufactured home park located on the periphery boundaries of the park shall have setbacks equal to those required in the primary zoning district;

2. Each unit shall be set back a minimum of 5 feet from the edge of the right of way of any roadway
Mobilehome and Manufactured Home Code Amendments Page - 12

3. The minimum distance between homes is ten (10) feet. The minimum distance between an accessory structure on one site and a home on an adjacent site shall be ten (10) feet;
C. Screening and Landscaping.

A landscaping plan for all common areas shall be submitted to the City for review and approval in conjunction with development review for all parks. Screening consisting of a solid fence or thick hedge with a height of six feet shall be provided along all park boundaries which front on a public street or are adjacent to existing residential developments.

D. Community Areas, Common Areas, Recreational Areas.

Recreational facilities shall be provided in accordance with AMC Section 16.24.105 E. Structures Near Manufactured Home or Mobilehome.

No structure shall be located within six feet of a manufactured home or mobilehome except a portable or demountable cabana approved by the California Department of Housing and Community Development.

F. Roadway Drainage.

A roadway shall be provided to each Mobilehome site with a minimum width of twentyfive feet, a maximum grade of ten percent with short segments of fifteen percent allowed subject to approval of the City Engineer, and a minimum centerline radius of one hundred feet. A all roadways, manufactured home or mobilehome driveways and paths shall be graded, drained and surfaced so as to provide a means to direct drainage away from the manufactured home or mobilehome space and prevent dust, mud, or standing water.

G. Utilities.

Each site shall be served by collective sanitary sewage, storm drainage, water systems, power systems, and fire hydrants as required and approved by the city health officer, city fire chief, chief and city building department. (Ord. 305 §9(part), 1990: Ord. 270 (part), 1984)
H. Modifications for existing parks.

The Planning Commission, or on appeal, the City Council, may modify the above requirements for an existing substandard park proposed to be enlarged or extended; provided, that the modifications are limited to the extent that the overall improvements in the design or standards of such existing park will result.

I. Modifications.

Modifications may be permitted pursuant to Section Chapter 17.06.190 for work force housing.

J. Storage.

Mobilehome and Manufactured Home Code Amendments Page - 13 Permanent storage facilities for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items shall be designated as part of the site plan for the project. The area shall be paved or have a similar surfacing. The area shall be screened from adjacent properties and the remainder of the park by a minimum six-foot visual barrier. The area shall be used for storage by residents only.

K. Other submittals
Additional site plan submittals shall include, but are not limited to trash collection plans, lighting plans, a traffic circulation plan, utility plans. Areas to be identified on the site plan include, but are not limited to laundry areas, community rooms, recreation areas.

Delete all of Chapter 15.08 MOBILE HOMES, MANUFACTURED HOME PARKS AND MOBILE HOME PARKS and Combine with Chapter 17.54
Mobilehome and Manufactured Home Code Amendments Page - 14 Attachment C
Planning Commission Resolution of Intent with redline/strikeout (proposed changes) to existing code sections
Mobilehome and Manufactured Home Code Amendments Page - 15

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-10

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL
AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) TO UPDATE THE CITY’S

MOBILEHOME AND MANUFACTURED HOUSING PROVISIONS
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

17.90.020(B) to initiate amendment to the City’s zoning code upon adopting a resolution of intention; and
WHEREAS, the Planning Commission finds that it is to the mutual benefit of the City, the public health, safety and general welfare of the public; necessary for the General Plan Housing Element implementation, consistency with the City of Angels General Plan and internal code consistency; and WHEREAS, a notice of public hearing for the proposed action was published February 24, 2022, in the Calaveras Enterprise; and
WHEREAS, the Planning Commission held a duly noticed public hearing on March 10, 2022, and received public input on the proposed amendments including: AMC Chapter 17.09 (Definitions), amending Section 17.06.110 (Manufactured homes as single-family dwellings), Deleting Chapter 17.54 (Mobilehome Combining District) and replacing it with a new Chapter 17.54 (Mobilehome parks and manufactured home parks) and deleting Chapter 15.08 (Mobilehomes, Mobilehome and manufactured home parks) combining it with new Chapter 17.54; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending the Municipal Code pursuant to Attachment to Resolution 22-10 in accordance with the City Standards and State Law and directs staff to provide this recommendation of the planning commission and supporting findings to the City Council in writing within thirty days.

Mobilehome and Manufactured Home Code Amendments Page - 16 The foregoing resolution was introduced and moved for adoption on March 10, 2022, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 10th day of March, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Mobilehome and Manufactured Home Code Amendments Page - 17

ATTACHMENT
TO PLANNING COMMISSION RESOLUTION 22-10
Mobilehome and Manufactured Home Code Amendments Page - 18 Redline/Strikeout (Changes)
to existing Code
Mobilehome and Manufactured Home Code Amendments Page - 19 Mobilehome and Manufactured Home Code Amendments Page - 20 Mobilehome and Manufactured Home Code Amendments Page - 21 Mobilehome and Manufactured Home Code Amendments Page - 22 Mobilehome and Manufactured Home Code Amendments Page - 23 Mobilehome and Manufactured Home Code Amendments Page - 24 Mobilehome and Manufactured Home Code Amendments Page - 25 Mobilehome and Manufactured Home Code Amendments Page - 26 Mobilehome and Manufactured Home Code Amendments Page - 27 Mobilehome and Manufactured Home Code Amendments Page - 28 Mobilehome and Manufactured Home Code Amendments Page - 29 Mobilehome and Manufactured Home Code Amendments Page - 30 City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.C
PUBLIC HEARING: Ordinance 526, Hold a Public Hearing, Second Reading to Consider Amending Angels Municipal Code (AMC) to Update the City’s Condominium Conversion Provisions.

I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
_____________________________________________________________________ Condominium Conversion Ordinance Changes Page - 1
DATE: April 19, 2022
TO: City Council
FROM: Amy Augustine, AICP – City Planner
RE: Second Reading and Adoption Ordinance 526 - Condominium Conversion RECOMMENDATION:

Re-introduce Ordinance 526, waive the second reading, hold a public hearing, adopt and direct the City Clerk to publish the ordinance in accordance with Ordinance Section 2 amending Angels Municipal Code (AMC) to update the City’s Condominium Conversion provisions.

BACKGROUND:

Pursuant to Angels Municipal Code (AMC) Section 17.90.020(B), an amendment may be initiated by a Resolution of Intent of the Planning Commission. The City of Angels Planning Commission approved resolution of Intent 22-11 on March 10, 2022, for the changes described above. On April 5, 2022, the City Council introduced the ordinance and set April 19, 2022 to consider adoption.

The City’s condominium conversion provisions are intended to address the process required for converting multi-family residential rental units to ownership units (e.g., condominiums) and ensure that applications for such conversions address issues of tenant notification and potential impacts or the need to relocate extremely low, very low and low income households.

The California Department of Housing and Community Development summarizes it as follows:

Condominium conversions refer to the process of converting a multi-unit rental property held in single ownership into one in which the units may be individually bought or sold. Jurisdictions generally receive condominium conversion requests when selling housing becomes more profitable than renting or leasing. Under California law, tenants have certain protections such as the exclusive right to purchase the property under the same terms that the unit is being offered to the general public and 180 days’ notice of intent to end the tenancy (§66452.19). Though tenants enjoy these protections, they often cannot afford the Condominium Conversion Ordinance Changes Page - 2
necessary down payment or the monthly mortgage to own their home. Hence, while condo conversions may offer a more affordable homeownership opportunity for some households seeking to buy, they can displace existing tenants and reduce a jurisdiction’s rental housing stock without increasing housing supply. Through their zoning power, jurisdictions have the authority to put in place additional restrictions on condominium conversions. These ordinances may be justified due to jurisdictions’ limited housing stock and their state mandate to maintain an adequate housing supply for all economic segments of the population.

ANALYSIS
Pursuant to AMC Section 17.90.040, the following findings are required for code amendments:

Finding A: The proposal conforms with the City's General Plan and Municipal Code The proposed amendments will implement the following general plan policies and programs:

Program 1.A.b Continue to Conduct Reviews of the Angels Camp Municipal Code and General Plan for Consistency
Program 2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan
Program 2.C.e Update and Maintain the City’s Condominium Conversion Ordinance Update and continue to implement the City of Angels Condominium Conversion Ordinance as established in Chapters 16.28 and 16.30 (sic) of the City of Angels Municipal Code. This ordinance establishes standards that must be met prior to removing apartments from the rental market
The proposed revisions will specifically implement the three general plan programs calling for changes to the Municipal Code, as cited. Therefore, the proposed changes are consistent with the general plan and the municipal code.

Finding B: The proposed changes or amendments will not be substantially detrimental to the health, safety, or general welfare of the City.

Based on the preceding, the proposed code amendments are consistent with this finding.

ATTACHMENTS:

Condominium Conversion Ordinance Changes Page - 3
A. Ordinance 526 with Attachment A to Ord. 526 (Clean copy of proposed ordinance) B. Planning Commission Resolution of Intent 22-11 (with Redline/Strikeout identifying proposed changes )
Condominium Conversion Ordinance Changes Page - 4

ATTACHMENT A
ORDINANCE 526
Condominium Conversion Ordinance Changes Page - 5

CITY OF ANGELS CITY COUNCIL
ORDINANCE NO. 526
AN ORDINANCE AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) TO UPDATE THE CITY’S

CONDOMINIUM CONVERSION PROVISIONS
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

Section 1: Amend the City of Angels Municipal Code to update the City’s condominium conversion provisions per Attachment A.

Ayes:

Noes:

Absent:

Abstain:
________________________________
Jennifer-Davis Herndon, Vice-Mayor
ATTEST:

Rose Beristianos, City Clerk
Condominium Conversion Ordinance Changes Page - 6
Add a new definition:

17.09 Condominium Conversion.
“Condominium conversion” shall mean the conversion of multi-family rental units to private ownership units, generally to condominiums, community apartments, or stock cooperatives.

16.12.010 Tentative and final map required when.

A. A tentative map and final map shall be required for all subdivisions creating five or more parcels, five or more condominiums as defined in Section 783 of the Civil Code, or a community apartment project or stock cooperative project containing five or more parcels except where:

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications of improvements are required; or

2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city as to street alignments and widths; or

4. Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger.

B. A parcel map shall be required for those subdivisions complying with subdivisions 1, 2, 3 and 4 of subsection A of this section. No tentative map shall be required for maps complying with subdivision 4 of subsection A.

C. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

D. A tentative map and a final map shall be required when an approved tentative map has expired. (Ord. 250 §5.10, 1981)
E. For land divisions or other projects involving the conversion of multi-family rental units to owned units (Condominium conversion):

1. A conditional use permit shall be secured pursuant to AMC Section 17.06.230.

Condominium Conversion Ordinance Changes Page - 7

2. All tenant notification requirements pursuant to Government Code Section 66427.1 have been met.

Chapter 17.06

GENERAL PROVISIONS
Sections (ADD A NEW SECTION 17.06.230):

17.06.230 Converting Multi-Family Rental Units to Owned Units (Condominium Conversion)

17.06.230 Converting Multi-Family Rental Units to Owned Units (Condominium Conversion).

A. Purposes and Intent
The purposes of this Section are to:

1. Establish a process for reviewing the conversion of rental apartments to residential condominiums, community apartments, or stock cooperative type-ownership units;

2. To ensure compliance with local and state codes relative to design and building standards, type of construction, common area maintenance, health and safety requirements, and similar provisions which differ for rental apartments versus residential condominiums, community apartments, and stock cooperative;

3. Maintain a balanced mix of rental and ownership housing ensuring a wide variety of housing choices to meet the City’s needs; and

4. Minimize potential hardships to tenants caused by displacement from rental units converted to owner-occupied units.

B. Conditional Use Permit and Special Findings Required Prior to approving the conversion of residential multi-family rental units pursuant to this Section, a conditional use permit shall first be secured in compliance with AMC Chapter 17.78.

In addition to the findings required pursuant to AMC Section 17.78.030; the following findings are additionally required for conditional use permit approval pursuant to this Section:

1. The buildings proposed for conversion comply with all applicable provisions of the California Building Standards Code per the City’s Chief Building Official; and

2. All tenant notifications as required by Government Code Section 66427.1 have been made as applicable;
And one of the following:

Condominium Conversion Ordinance Changes Page - 8
3a. Fewer than 10% of the households in units to be converted are low, very low and extremely low-income households (as defined by the California Department of Housing and Community Development’s most recently published income levels) based on an income survey of existing residents conducted by the City at the subdivider’s expense: or
3b. The elimination of residential rental units for low, very low and extremely low-income households from the City’s housing stock is reduced to less than 10% of the total units proposed for conversion through implementing one or more of the options provided in AMC Section 17.06.230(E).

C. State Subdivision Map Act Compliance
Applicant shall comply with AMC Section 16.12.010 and all applicable provisions of the State Subdivision Map Act as provided in the California Government Code including noticing requirements as summarized in paragraph D.

D. Tenant Notifications and Offers Required before Final Map Approval

1. The City Council shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it makes all of the notifications set forth in Government Code Section 66427.1 to each tenant of the rental apartments proposed for conversion as summarized in the following. This section shall not diminish, limit, or expand, other than as provided in this section, the authority of the City to approve or disapprove condominium projects. The subdivider is responsible for providing notice to prospective tenants in accordance with Section Government Code Section 66452.17. Subdivider shall provide evidence of receipt of each tenant of the notices required herein.
a. Prior to filing a tentative map with the City/60 days.

Written notification, in the form provided in Government Code Section 66452.18, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Government Code Section 66452. Written notices to tenants required by this paragraph shall be deemed satisfied if those notices comply with the legal requirements for service by mail.
b. Prior to approving a tentative map/Limitation on evictions 180 days. One hundred eighty days’ written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to the form contained in Government Code Section 66452.19, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2 c. Subsequent to approval of a final map/10 days. Each tenant shall receive written notification by first class mail at least ten (10) days after the approval by the City Condominium Conversion Ordinance Changes Page - 9
Council of a final map for the proposed conversion. Such notices shall provide an estimate of the length of time prior to eviction.
d. Prior to filing of public report/10 days. At least ten (10) days prior to the filing of a public report with the department of real estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the department of real estate and that such report will be available on request.
e. Upon receipt of public report/5 days. Written notification that the subdivider has received the public report from the Bureau of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Bureau of Real Estate.
f. Exclusive right to contract.

Notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that the unit will be initially offered to the general public or terms more favorable to the tenant in the form provided in Government Code Section 66452.20. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in Business and Professions Code Section 11018.2 and shall run for a period of not less than 90 days, unless the tenant gives prior written notice of his or her intention not to exercise the right.

2. Required written notices regarding the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project shall be issued in the language in which the rental agreement was negotiated.

3. In addition to the provision of the other notice of applications or submittals required by this Section, the subdivider shall provide to the occupant of each unit to be converted, a copy of the notice for the agenda of the City Planning Commission and City Council hearings at which the application for tentative or final subdivision map will be reviewed at least ten (10) days in advance of the public hearings.

E. Offsetting Tenant Impacts of Conversions
Where 10% or more of the households in units to be converted are low, very low and extremely low-income households; the subdivider shall implement one or more of the following as necessary to offset the total number of units being converted in excess of 10%.

Where used, such options shall require approval by the Planning Commission in conjunction with the Conditional Use Permit for the project:

1. On-site dedication.

Retain and dedicate a percentage of units for low, very low and extremely low-income households. This option requires recording restrictive covenants for the dedicated units. Subdividers may receive a density bonus from the City pursuant to Chapter

17.06 to provide sufficient units.

Condominium Conversion Ordinance Changes Page - 10

2. Relocation assistance program.

The subdivider may propose a program assisting tenants displaced through the conversion in relocating to equivalent or better housing subject to review and approval by the Planning Commission.

3. Alternative site.

The subdivider may offer alternative property under subdivider’s control to relocate tenant(s) to equivalent or better housing subject to review and approval by the Planning Commission.

4. Financial assistance.
a. The subdivider may provide special financing to assist low, very low or extremely low-income households to purchase a conversion unit(s). b. Subdivider may provide financial assistance to qualifying tenants to relocate.

A qualifying tenant is not entitled to financial assistance pursuant to this subsection if they have been evicted for just cause or have not made rental payments to which the subdivider is legally entitled. Prospective tenants of a conversion project for which a notice of intent to convert has been issued shall not be entitled to tenant financial assistance.

5. Alternative Proposal.

The subdivider may propose an alternative program for Planning Commission consideration.

Condominium Conversion Ordinance Changes Page - 11

ATTACHMENT B
Planning Commission Resolution of Intent with Redline/Strikeout Condominium Conversion Ordinance Changes Page - 12

CITY OF ANGELS

PLANNING COMMISSION
RESOLUTION NO. 22-11

A RESOLUTION OF INTENTION OF THE CITY OF ANGELS PLANNING COMMISSION

RECOMMENDING TO THE CITY COUNCIL
AMENDING THE CITY OF ANGELS MUNICIPAL CODE (AMC) TO UPDATE THE CITY’S

CONDOMINIUM CONVERSION PROVISIONS
WHEREAS, the City of Angels, Planning Commission is authorized by Angels Municipal Code Section

16.12.010 (Tentative Maps Required), adding a new Section 17.06.230 [Converting Multi-Family Rental Units to Owned Units (Condominium Conversion)]; and WHEREAS, the proposed changes to the Municipal Code are in conformance with the City's general plan; and
WHEREAS, the proposed changes are consistent with the City’s Municipal Code; and WHEREAS, the proposed changes to the Municipal Code will not be detrimental to the health, safety, and general welfare of the City and its people; and
WHEREAS, the proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), because the proposed amendments implement a program identified within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan.

NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby recommends to the City Council amending the Municipal Code pursuant to Attachment to Resolution 22-11 in accordance with the City Standards and State Law and directs staff to provide this recommendation of the Condominium Conversion Ordinance Changes Page - 13
planning commission and supporting findings to the City Council in writing within thirty days.

The foregoing resolution was introduced and moved for adoption on March 10, 2022, by Commissioner ________________ and being duly seconded by Commissioner _______________.

PASSED AND ADOPTED THIS 10th day of March, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
_____________________________
John Broeder, Chairman
Alicia Smith, Deputy City Clerk
Condominium Conversion Ordinance Changes Page - 14
ATTACHMENT to Planning Commission Resolution of Intent
Condominium Conversion Ordinance Changes Page - 15
Add a new definition:

16.12.010 Tentative and final map required when.

1. The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications of improvements are required; or

2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway; or

4. Each parcel created by the division has a gross area of forty acres or more, or each of which is a quarter-quarter section or larger.

C. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels.

1. A conditional use permit shall be secured pursuant to AMC Section 17.06.230.

Condominium Conversion Ordinance Changes Page - 16

2. All tenant notification requirements pursuant to Government Code Section 66427.1 have been met.

Chapter 17.06

GENERAL PROVISIONS
Sections (ADD A NEW SECTION 17.06.230):

17.06.230 Converting Multi-Family Rental Units to Owned Units (Condominium Conversion)

17.06.230 Converting Multi-Family Rental Units to Owned Units (Condominium Conversion).

A. Purposes and Intent
The purposes of this Section are to:

5. Establish a process for reviewing the conversion of rental apartments to residential condominiums, community apartments, or stock cooperative type-ownership units;

6. To ensure compliance with local and state codes relative to design and building standards, type of construction, common area maintenance, health and safety requirements, and similar provisions which differ for rental apartments versus residential condominiums, community apartments, and stock cooperative;

7. Maintain a balanced mix of rental and ownership housing ensuring a wide variety of housing choices to meet the City’s needs; and

8. Minimize potential hardships to tenants caused by displacement from rental units converted to owner-occupied units.

In addition to the findings required pursuant to AMC Section 17.78.030; the following findings are additionally required for conditional use permit approval pursuant to this Section:

3. The buildings proposed for conversion comply with all applicable provisions of the California Building Standards Code per the City’s Chief Building Official; and

4. All tenant notifications as required by Government Code Section 66427.1 have been made as applicable;
And one of the following:
3a. Fewer than 10% of the households in units to be converted are low, very low and extremely low-income households (as defined by the California Department of Condominium Conversion Ordinance Changes Page - 17
Housing and Community Development’s most recently published income levels) based on an income survey of existing residents conducted by the City at the subdivider’s expense: or
3b. The elimination of residential rental units for low, very low and extremely low-income households from the City’s housing stock is reduced to less than 10% of the total units proposed for conversion through implementing one or more of the options provided in AMC Section 17.06.230(E).

D. Tenant Notifications and Offers Required before Final Map Approval

Written notification, in the form provided in Government Code Section 66452.18, of intention to convert, provided at least 60 days prior to the filing of a tentative map pursuant to Government Code Section 66452. Written notices to tenants required by this paragraph shall be deemed satisfied if those notices comply with the legal requirements for service by mail.
b. Prior to approving a tentative map/Limitation on evictions 180 days. One hundred eighty days’ written notice of intention to convert, provided prior to termination of tenancy due to the conversion or proposed conversion pursuant to the form contained in Government Code Section 66452.19, but not before the local authority has approved a tentative map for the conversion. The notice given pursuant to this paragraph shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to, the provision of services, payment of rent, or the obligations imposed by Civil Code Sections 1941, 1941.1, and 1941.2 c. Subsequent to approval of a final map/10 days. Each tenant shall receive written notification by first class mail at least ten (10) days after the approval by the City Council of a final map for the proposed conversion. Such notices shall provide an Condominium Conversion Ordinance Changes Page - 18
estimate of the length of time prior to eviction.
d. Prior to filing of public report/10 days. At least ten (10) days prior to the filing of a public report with the department of real estate, each tenant of the proposed conversion project shall receive by first class mail a written notice that an application for a public report will be submitted to the department of real estate and that such report will be available on request.
e. Upon receipt of public report/5 days. Written notification that the subdivider has received the public report from the Bureau of Real Estate. This notice shall be provided within five days after the date that the subdivider receives the public report from the Bureau of Real Estate.
f. Exclusive right to contract.

Where used, such options shall require approval by the Planning Commission in conjunction with the Conditional Use Permit for the project:

6. On-site dedication.

17.06 to provide sufficient units.

7. Relocation assistance program.

Condominium Conversion Ordinance Changes Page - 19
The subdivider may propose a program assisting tenants displaced through the conversion in relocating to equivalent or better housing subject to review and approval by the Planning Commission.

8. Alternative site.

The subdivider may offer alternative property under subdivider’s control to relocate tenant(s) to equivalent or better housing subject to review and approval by the Planning Commission.

9. Financial assistance.
c. The subdivider may provide special financing to assist low, very low or extremely low-income households to purchase a conversion unit(s). d. Subdivider may provide financial assistance to qualifying tenants to relocate.

10. Alternative Proposal.

The subdivider may propose an alternative program for Planning Commission consideration.

City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.D
Discussion, Direction, and Action Microsoft 365 Migration, Rebecca Callen, City Administrator
_____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

April 19, 2022
City Council
Rebecca Callen, City Administrator
DISCUSSION, DIRECTION, AND ACTION MICROSOFT 365 MIGRATION

RECOMMENDATION
Approve a budget amendment to proceed with the Microsoft 365 Migration

BACKGROUND
The City has lacked technological resources for quite some time. Unfortunately, this lack of historical investment has created risks and barriers for staff and the public. As budget allows, identification of inexpensive solutions is taking place right now. The migration of Microsoft 365 is beyond the City Administrators’ authority and given that this will create an ongoing budgetary impact, it is important to get Council input on the direction of this project.

DISCUSSION
One-Time Purchase Versus Monthly Subscription
Historically, the City would purchase an individual license for every computer that is purchased. This made sense when software remained static for several years. With today’s ever-changing needs, this model no longer makes sense. Moving to a prescription-based model does increase the annual fixed costs, but eliminates the large swings in expenditures when bulk upgrade purchases need to happen. This means you spend $20 per month for a user instead of $240 (plus) every 5 years when the user can no longer operate effectively.

The $20 per month ensures that users have access to editing, templates, integrated excel platform, professional PowerPoint designer, the most premium version of Word, Excel, PowerPoint, and OneNote, along with 1 TB of OneDrive cloud storage. In addition, that one cost of $20 per user can be used on up to five (5) devices for that user (laptop, phone, desktop), advanced security, and expanded technical support. In addition, to the common applications, the City gains access to Teams and SharePoint which allows for more effective remote working and streamlining file sharing and storage.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Email
The email migration will take the current email and migrate all emails to the 365 platform. The current platform is extremely limited and lacks the ability to share calendars, create a retention policy through Active Directory, and each day, the City is exposed to phishing attacks that can lead to significant liability to the City.

File Storage
As staff uses the 365 platforms, local storage will become less and less required. This will ultimately reduce the need to replace onsite hardware. Additionally, the backup will occur automatically and make file access easy without VPN (Virtual Private Network) access as a requirement.

Security
With the addition of Barracuda, the City’s data will be protected from corruption and deletion with full cloud backup. Link protection deters targeted phishing and spear-phishing attacks and can identify user accounts that are exposed or are being targeted to assist in security improvements.

Liability Exposure
Municipalities are being attacked every day, which can cost thousands of dollars. No one ever believes it can happen to them. However, Calaveras County has had public agencies impacted costing tens of thousands of dollars. This investment not only assists staff in being more efficient and productive, but it also protects the City from future liability exposure.

FINANCIAL IMPACT
Onetime costs of $10,740 for migration and project engineering.

Ongoing annual costs of $12,864 ($1,072 per month - $632 for 365 and $440 Barracuda)

ATTACHMENTS
Migration project quote
Budget Transfer
Proposal Prepared For:

CITY OF ANGELS CAMP
Office 365 Exchange Migration
Proposal ID: NEXQ64839
Date Prepared: Mar 16, 2022
Expiring: Apr 15, 2022

Page 1 of 11 ends

Office 365 Exchange Migration
Main: 877-470-0401 Web: https://www.nexustek.com Email: [email protected] Office 365 Exchange Migration
Quote NEXQ64839 (expiring on 04/15/22) prepared for Rebecca Callen, City of Angels Camp Microsoft Licensing
Description Unit Price Qty Total Price
Office 365 G3 licnese $20.00 26 $520.00
Office 365 G1 license $8.00 14 $112.00
Monthly Recurring Cost $632.00
BitTitan Migration Licenses
Description Unit Price Qty Total Price
BitTitan Migration License Bundle per user $15.00 49 $735.00 Includes:
- Migrate Mailboxes, Documents, Personal Archives, Outlook configuration - Unlimited data per license
SubTotal $735.00
Barracuda Total Email Protection
Description Unit Price Qty Total Price
Barracuda Total Email Protection, per user and/or mailbox per month $11.00 40 $440.00 - Minimum 12 month commitment
Includes:
- Essentials Complete Edition + Sentinel + PhishLine + Forensics Monthly Recurring Cost $440.00
Deployment/Implementation
Description Unit Price Qty Total Price
Project Engineer - T&M $165.00 47 $7,755.00
- Actual Time Billed As Used, in 15-minute increments
- Quantity Provided Is An Estimate
Proposal:NEXQ64839 Office 365 Exchange Migration Quote Expires: 4/15/2022 CONFIDENTIAL. All information contained in this document is not for use or disclosure outside of City of Angels Camp

Page 2 of 11 ends

Office 365 Exchange Migration
Main: 877-470-0401 Web: https://www.nexustek.com Email: [email protected] Project Engineer Level 1 T&M $150.00 4 $600.00
- Actual Time Billed As Used, in 15-minute increments
- Quantity Provided Is An Estimate
Project Manager - T&M $165.00 10 $1,650.00
- Actual Time Billed As Used, in 15-minute increments
- Quantity Provided Is An Estimate
SubTotal $10,005.00
Initial Agreement Term: 12 Months. * Sales Tax TBD*
*Unless otherwise indicated in item descripion above. Shipping & Handling TBD* !
Deposit of 100% for Hardware/Software in the amount
of $735.00 and 50% for Labor Services in the amount of
$5,002.50 required to initiate order.

ONE TIME COST: $10,740.00
MONTHLY COST: $1,072.00
Delivery Method: Ground
*Taxes, shipping and handling charges will
be invoiced when product ships.

Please Review The Order's Delivery Address For Accuracy:

Clients are responsible for verifying the shipping address for products on the order. Corrections to the shipping
destination can be written to the right of the address on a paper quote, or changed in the "Shipping Information"
section of the online order approval web page.

City of Angels Camp
Rebecca Callen
P. O. Box 667
Angels Camp, CA 95222, United States
Terms and Conditions
All product prices are subject to change and are not guaranteed. In the event product pricing changes between quote acceptance and shipment, shipment pricing will be invoiced. Prices stated do not include any sales, use or excise tax or any other tax, duty or charge which is now in effect or may be hereafter imposed by any Federal, State or other authority. All such taxes, duties or other charges shall be paid by Buyer (the "CLIENT") unless Buyer shall provide Seller (herafter, "NexusTek" or "COMPANY") an exemption certificate acceptable to the appropriate authorities.

By accepting this proposal, CLIENT acknowledges that quoted product(s) may ship to the aforementioned "Ship to" address.

Unless otherwise stipulated, the above product does not include support from NexusTek. Any additional support requested will be billed at the prevailing labor rate.

In the event CLIENT fails to pay any amount due and payable by CLIENT under this Agreement by the due date, in addition to the other rights under this Agreement, NexusTek may charge interest at the lesser of an monthly rate of one and one-half percent (1.5%) of the unpaid amount or the maximum amount permissible by law, and such interest will accrue on a daily basis from the date the relevant payment is due until payment in full is received. CLIENT further agrees to pay all of COMPANY's costs of collection of unpaid amounts Proposal:NEXQ64839 Office 365 Exchange Migration Quote Expires: 4/15/2022 CONFIDENTIAL. All information contained in this document is not for use or disclosure outside of City of Angels Camp

Page 3 of 11 ends

Office 365 Exchange Migration
Main: 877-470-0401 Web: https://www.nexustek.com Email: [email protected] due hereunder, including reasonable attorneys' fees. By purchasing the product(s) set forth herein, you agree to NexusTek's Third-Party Products Terms and Conditions: https://www.nexustek.com/third-party-products-terms-and-conditions/.

For recurring subscriptions, you acknowledge and agree that (i) subscriptions automatically renew and continue until cancelled where permissible, or notification is provided to not auto renew at the subsequent term end, (ii) any applicable subscription fees and taxes may fluctuate from time to time, and (iii) NexusTek may modify, suspend or discontinue subscriptions, in whole or in part, at any time without notice or liability. You may cancel an eligible subscription or terminate auto renewal at any time by providing sixty (60) days advance written notice to NexusTek.

For purchases which include Microsoft Cloud Services, by accepting this agreement, CLIENT understands that they are in turn bound to the Microsoft Cloud Service Agreement referenced at this link: https://www.nexustek.com/microsoft-mca.

All information contained in this Service Order Form (hereafter, SOF) is subject to, and becomes part of, the Master Services Agreement (the "MSA") between CLIENT and NexusTek. In the event this SOF has a Term ending beyond that of the MSA, the Term in this SOF will prevail. In the event any terms and conditions of this SOF conflict with terms and conditions in the MSA, the terms and conditions in this SOF will prevail.

All information contained in this SOF is not for use or disclosure outside CLIENT'S company.

The price quotations included within this SOF represent NexusTek's best efforts and are completed in good faith. Unless otherwise stated, Labor hours quoted are for estimating purposes only and will be invoiced based on actual time and materials.

The term of this SOF shall commence on the date of the last signature of a Party hereto (the "SOF Effective Date") and shall continue in full force and effect for the term aforementioned in this SOF (hereafter, "Initial Term"). Subject to the limitations set forth in the Agreement, this SOF shall automatically renew at the end of the Initial SOF Term for successive renewal terms equal to the Initial Term (each, a "Renewal Term"), unless either Party gives the other Party written notice of its intent not to renew at least sixty (60) days prior to the expiration of the Initial Term or the then-current Renewal Term. During the Initial Term or any subsequent Renewal Term CLIENT may terminate this SOF for any reason, with or without cause, but only if: (1) CLIENT provides sixty (60) days written notice to COMPANY and (2) CLIENT pays COMPANY 50% of the remaining contract value, or where a SOF includes non-cancellable subscription terms, CLIENT will remain responsible to pay COMPANY for 100% of the remaining unpaid contract value.

Commencement of Payment Obligations. "Service Commencement Date" shall mean the date on which the Service is provisioned by NexusTek and ready for CLIENT'S use. Unless otherwise specified in this SOF, regardless of whether CLIENT has begun using the Services, CLIENT's payment obligations shall commence on the Service Commencement Date; except, however, if the Service Commencement Date for any Service is delayed due to CLIENT'S failure to provide required information, equipment, or assistance to NexusTek, CLIENT'S payment obligations shall be the earlier of (a) the Service Commencement Date, or (b) thirty (30) days after the SOF Effective Date.

Unless otherwise stipulated, Amendments to this SOF are not co-terminated and come with their own term and renewal term.

Proposal:NEXQ64839 Office 365 Exchange Migration Quote Expires: 4/15/2022 CONFIDENTIAL. All information contained in this document is not for use or disclosure outside of City of Angels Camp

Page 4 of 11 ends

Project Scope of Work
This Statement of Work (“SOW”) is made and entered into, and is attached to and made a part of the Master Services Agreement (the “Agreement”) dated To Be Determined, by and between Nexus Technologies, LLC (d/b/a/ NexusTek) (“NexusTek”) and City of Angels Camp (“Client”). WHEREAS, Client desires NexusTek to provide the Professional Services identified herein and NexusTek desires to provide such Professional Services to Client in accordance with the terms of the Agreement and this SOW.

NOW THEREFORE, in consideration of the terms and conditions set forth herein, the Parties agree as follows:

Incorporation of Agreement
The terms and conditions of the Agreement shall apply to this SOW and such terms and conditions are fully incorporated herein by this reference. Capitalized terms and phrases used in this SOW shall have the meanings set in the Agreement unless otherwise defined in this SOW. Unless specifically noted herein, references in this SOW to Sections, Exhibits or attachments will refer to the Sections, Exhibits or attachments of this SOW.

Term
The term of this SOW shall commence on the date of the last signature of a Party hereto (the “SOW Effective Date”) and expire upon fulfillment of all obligations hereunder (the “SOW Term”).

Project Overview
The purpose of this project is to migrate Client from their existing mail services to Microsoft Office 365.

Project Scope
The scope of this project is to migrate email to Exchange Online.

During the project NexusTek will provision the new tenant in Office 365, assign the appropriate subscription to users and set up the tool to perform the migration in the background. NexusTek will monitor the migration and ensure permissions are transferred properly.

At the end of this project, Client will have a new Office 365 tenant configured with user data migrated and email flow updated to use the service.

Sales Discovery Information
 40x Users  Client has stated they are approve for GCC Licensing

Page 5 of 11 ends

 Email accounts are using IMAP. Migration is limited to the following:
o Inbox
o Folders
o Email
For additional details see attached Engineering Survey below.

Project Tasks
In Scope Services
Service Details
Project management Planning, scheduling, coordination, communication Engineering prep and quality control Prerequisite prep & testing Tenant Access Regain access to existing Microsoft tenant O365 account setup First time Office 365 tenant config
User directory sync setup Azure Active Directory, AD Connect Baseline security configuration Multifactor for Admins, Best practices Mailbox migration Emails, calendars & tasks will be migrated SMTP device migration
Reconfigure devices that send emails (e.g. multifunction printers)
Outlook auto-complete migration Carryover cached email addresses for user convenience Distribution list migration Carryover group email lists Barracuda Essentials Barracuda Esssentials (MX Only)
Office 365 Backup Services Setup / Configure backup services for O365 Office 365 Archive Services Setup / Configure archive services for O365

Page 6 of 11 ends

Outlook reconfiguration for end users
Let us do the hands-on Outlook reconfig on user
computers
Documentation for end users "How to" documentation for end users Knowledge transfer for IT staff Admin training and documentation for your IT staff Go-live support for IT staff Escalation-only support for next 2 days (4 hours included) Service Handoff Handoff ongoing support to operations
Out of Scope Services
Service Details
Discovery and solution architecture Enhanced discovery, technology design, risk reduction Self-service password reset Password hash write-back & self-service portal config Public folder migration Public folder will be migrated
PST Archive migration PST Email archives will be migrated Office suite deployment Install or upgrade Office apps on user computers Mobile device assistance for end users Let us handhold users setting up their phones and tablets Go-live support for end users Support for your users for next 2 days Training for end users Quickstart training session for end users Decommission Legacy Email System
Let us handle shutting down/disabling legacy email
system
Project Schedule
The estimated timeframe for completion of the engagement defined within this SOW is described below. This timeline is dependent on the actual start date and the availability of resources.

Page 7 of 11 ends

CORE PROJECT ACTIVITIES Target
Start
Target
Finish
NexusTek and Client Planning and Kickoff WEEK 1 WEEK 1
NexusTek performs engineering prep and quality control WEEK 2 WEEK 2 NexusTek setup Office 365 / Microsoft 365 tenant WEEK 2 WEEK 2 NexusTek migrate mailboxes WEEK 2 WEEK 3
NexusTek supports go live WEEK 3 WEEK 4
Client Obligations
Notwithstanding Client’s responsibilities pursuant to this SOW and the Agreement, Client acknowledges and agrees that Client’s failure to comply with the following obligations may require modifications to the Professional Services through execution of a Change Order Form pursuant to “Change Orders” herein, which could result, among other things, in changes to the scope, Fees and Expenses set forth in this SOW. Without limiting anything herein or in the Agreement, if Client fails to fulfill the following obligations, NexusTek shall not be liable for any delays or failure to provide the Professional Services to the extent attributable, in whole or in part, to any such failure.  Client must obtain approval for GCC licensing before start of project.  Client will assign a project sponsor/manager on a part-time basis to assist with issue resolution, provided that NexusTek will be responsible for the day-to-day project management.  Client will provide timely access to, and feedback from, those individuals assigned by Client to the project team, steering committee and business sponsorship.  Client will perform all of its obligations under this SOW at its own expense and in a timely manner.  If and to the extent that any of the Professional Services or production of Deliverables are performed by NexusTek at the Client’s facilities, Client agrees to provide and maintain suitable workspaces, computers, equipment and all systems necessary to complete such Professional Services and/or produce such Deliverables at Client’s facilities.  In the event NexusTek provides Client with any project sign-off documents, Client shall promptly review and comply with any and all obligations specified therein, and, if requested, execute any such documents, within five (5) business days.  Without limiting the generality of the foregoing, Client shall, upon NexusTek’s reasonable request, provide NexusTek with all other cooperation, assistance and information in connection with the performance of the Professional Services.

Assumptions
The terms and conditions of this SOW are based upon the following assumptions. Client acknowledges

Page 8 of 11 ends

and agrees that changes to any assumptions may require modifications to the Professional Services through execution of a Change Order Form pursuant to “Change Orders” herein, which could result, among other things, in changes to the scope, Fees and Expenses set forth in this SOW.  Mailbox size is over 50Gb additional migration tool licensing may be required.  Actual number of accounts moving to Office 365 may change product quantities.  Client is responsible for canceling their former Office 365 / Microsoft 365 licensing agreement if required.  NexusTek recommends migrating to the Outlook Mobile App when moving to Exchange Online. The Outlook Mobile app is design to support and work with all the advance feature provided by Exchange Online. The native Apple IOS and Android apps may have several limitations and features are not supported. Also,some supported features with these app may require additional engineering time to implement.  All applications such as Outlook support modern authentication. Older applications and some third-party applications require an app password. Users should contact the Service Desk if they need assistance in setting up an app password. Also, the process is documented here: https://docs.microsoft.com/en-us/azure/active-directory/user-help/multi-factor- authentication-end-user-app- passwords#:~:text=Sign%20in%20to%20Office%20365,password%2C%20and%20then%20select %20Next.  If an onsite visit is required and is within 50 miles of NexusTek offices, a trip charge will be calculated at 0.7 hours per person per trip and will be billed in addition to all other labor charges.  Labor provided prior to 7:00 a.m. and after 6:00 p.m., Monday through Friday, and work provided on weekends is calculated at one and one-half time (1.5x)  Labor provided on holidays is calculated at double-time (2x)  Client understands that NexusTek will dedicate resources based on the schedule agreed upon by NexusTek and Client
Change Orders
NexusTek reserves the right to review and approve or decline, in its sole discretion, acting in good faith, any and all modifications to the Professional Services, Fees, Expenses, and/or any other material term specified herein. Any such modification must be expressly stated in a Change Order Form that is executed by both Parties. In the event Client delivers to NexusTek a proposed Change Order Form and/or request to modify the Professional Services, NexusTek shall promptly notify Client of whether it will agree to such request and any resulting estimated changes in Fees and Expenses, after which Client shall have two (2) business days to provide NexusTek with an executed Change Order Form confirming its desire to proceed with the modifications specified therein. If Client fails to timely notify Licensor of its approval or disapproval of any proposed Change Order Form, Client shall be deemed to have automatically disapproved that particular Change Order Form and NexusTek shall not proceed to implement any of the additional services or changes specified therein.

Page 9 of 11 ends

48 Hour Postponement Notice.

Client must give NexusTek at least 48 hour notice in the event that Client needs to postpone the services described in attached quote provided that Client will be responsible for any increase of costs due to postponement and will still be charged and be responsible for payment of services previously scheduled.

Fees
Professional Services Fees
In consideration of the provision of the Professional Services by NexusTek and the rights granted to Client under this SOW, the total Fees for the Professional Services are broken down below in the proposal pricing.

Expenses
Client agrees to reimburse NexusTek for the Expenses associated with the provision of the Professional Services under this SOW in accordance with the terms and conditions of the Agreement.

Payment for Hardware and/or Software
The total estimated fees for Hardware and/or Software are represented in quote NEXQ64839. Client agrees to pay Nexustek the amount indicated upon execution of this Attachment and before the Hardware and/or Software is procured for Client. Any additional Hardware and/or Software necessary to complete the services described in this Attachment will be procured and billed to Client, which Client agrees to pay upon receipt of the bill. In some instances, there will be shipping/handling charges from NexusTek’s location to Client’s location, which may be billed to Client separately.

Payment for Project Services
The total estimated fees for services described in this Attachment (“the Estimated Amount”) are represented in quote NEXQ64839. Client agrees to pay Nexustek the amount indicated upon execution of this Attachment and before any NexusTek resources are scheduled. Client will pay the remainder of the Estimated Amount as services are provided. At the beginning of each month after Client executes this Attachment, NexusTek will invoice Client and the invoice must be paid in full within Net 30 days* of the date of invoice. Any additional services necessary to complete the services described in the proposal pricing incurred in a given month will be billed to Client and must be paid in full within Net 30 days* of the date of invoice. Payment for the last installment will be due within Net 30 days* of the date of the Project Completion Acknowledgment or the Auto Acknowledgment, as described below. In the event of a breach of the MSA and this Attachment, including, but not limited to Client’s failure to make timely payments or Client’s delay of the services in any way, NexusTek reserves the right to stop the performance of services at any time.

Project Completion Acknowledgement
Upon completion of the Project, Client will sign a Project Completion Acknowledgement to acknowledge

Page 10 of 11 ends

the completion and satisfaction of the Project. If after five (5) business days of receiving the Project Completion Acknowledgment, there have been no significant issues reported by Client to NexusTek in writing, and Client has not signed and returned said Project Completion Acknowledgment, an “Auto Acknowledgment” will occur whereby the Project will be automatically deemed completed by Client, and any outstanding monies owed to NexusTek by Client will be due. Any additional services performed after the Project Completion Acknowledgement or Auto Acknowledgment has been rendered by Client will be billed to Client on a “time and materials” basis in accordance with the NexusTek’s then current payment schedule, unless otherwise agreed upon by both parties.

Page 11 of 11 ends

City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.E
Discussion and Approval of a Standard City Logo, Rebecca Callen, City Administrator _____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

April 19, 2022
City Council
Rebecca Callen, City Administrator

DISCUSSION AND APPROVAL OF A STANDARD CITY LOGO

RECOMMENDATION
Approve a standard City logo for letter head, website, organizational information.

BACKGROUND
The city underwent a branding that addressed how to brand the City of Angels in 2008. The branding that was chosen is great for economic outreach in terms of what the City has to offer for tourism and general advertising. The selection included a backpacking frog and Angels Camp, California in its branding usage.

DISCUSSION
The City of Angels has its City personality that works with tourism, marketing for events, and economic outreach. However, the City also has a governmental side that requires a standard and easy to read, recognize, and align with other City and County agencies. Generally, these logos are circular, include the legal name of the agency, a picture of what the entity is known for, and use on letterhead for more formal City correspondence regarding municipal business. It is not uncommon for business organizations to have one pathway of marketing and brand recognition and the municipality to have another one.

Business Cards are using the logo below.

The City Trucks are generally using the old logo with green and white, similar to the one below.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 During the centennial year, the City was using the logo below:

The recommendation is to use one of the logos below going forward.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 This logo is basic, inline with other municipal and county agencies, aligns with the frog theme of our City, recognizes that we are a City, shows we were established in 1912, and are in California. Staff were included in the evaluation of the recommended logo and they all really liked it. The concern of only using the City of Angels is that a Google search refers to Los Angeles while a Google search of City of Angels Camp refers to us. Not using “Camp” in the logo and correspondence can be confusing to other jurisdictions.

FINANCIAL IMPACT
It is not recommended to change business cards or vehicle marking, unless they need to be ordered for a new employee or a new vehicle/ equipment. The website would utilize the new logo, letterhead templates, and any future correspondence.

City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.F
Discussion on Federally Funded Programs to Assist with Arrearages, Rebecca Callen, City Administrator
_____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 1 DATE:

TO:

FROM:

RE:

April 19, 2022
City Council
Rebecca Callen, City Administrator

DISCUSSION ON FEDERALLY FUNDED PROGRAMS TO ASSIST WITH ARREARAGES

RECOMMENDATION
Discussion item only

BACKGROUND
The COVID-19 Federal Declaration date was January 2020. In April of 2020, an executive order (N-42-20) was signed restricting water shutoffs to homes and small businesses while the state responded to the pandemic. This order remained in effect through extensions and legislative actions until the end of 2021.

Pre-COVID utility agencies would be able to shut off services for non-payment preventing an account from creating large balances of debt. This change in practice created large delinquent balances that would be nearly impossible for some customers to be able to ever pay off.

DISCUSSION
The State Water Resources Control Board became reaching out to utilities in 2021 to identify the size of the delinquencies should legislation approve any relief packages at the State or Federal levels. When the American Rescue Plan Act (ARPA) was approved in 2021, it created a funding mechanism for the California Water and Wastewater Arrearage Payment Program, Low Income Household Water Assistance Program (LIHWAP), and Housing is Key.

SWRCB California Water and Wastewater Arrearage Payment Program This program requires the utility agency itself to submit arrearage for water and wastewater customer accounts. The arrearages had to be from March 2020 through June 2021, be 60 days past due or more, and not include any late penalties. There were no income verifications on accounts and the arrearages could be for active and inactive accounts. The first reporting included ONLY water delinquent accounts with funding for wastewater completely dependent on whether any funding would be left after disbursement of water arrearages.

The City submitted 99 accounts. The receipt of funds came in earlier this year and was distributed across 90 accounts: 31 were closed and 59 were still active. The other 9 were either waster water only or no longer had an arrearage balance and were closed. The total distributed to all accounts was $8,346.52 for UWPA arrearages, $72,514.76, and to cover $2,425.84 in administrative costs.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 2 The City was instructed that there is funding available to submit the Wastewater arrearages and staff are submitting a total of 93 accounts with $138,465.33 in delinquent balances. It is not known at this time if the City will receive that entire amount, as the SWRCB can’t determine funding levels until all agencies have made their submissions.

As per the terms of the Arrearage Program, the City is notifying customers of the credits to their accounts and the source of funding. Any accounts that are currently still sitting in a delinquent status require the City to reach out and offer a payment plan no less than 12 months and no interest. Customers have 30 days to respond/enter into a payment arrangement. Any customer who did not respond will allow the City to proceed with the shutoff of water services. Any customers who enter into a payment arrangement and remain current with the plan AND the regular service bills will avoid late fees and shut off of water service. If a payment arrangement OR a current bill goes delinquent the City has the right to proceed with shut off of water service.

Low Income Household Water Assistance Program (LIHWAP)
The City is now enrolled in the LIHWAP. This program is income-based and will require customers to submit a request to participate. This program will assist households to pay down their outstanding water bills. Recall that the Arrearage Program was only for March 2020 through the beginning of June 2021.

Customers have another 10 months of delinquent periods. The program is still being built and the Water Agency enrollment just opened. Customer enrollment is coming soon.

Housing is Key
This program required renters or landlords to submit applications directly. The deadline to submit was March 31, 2022. For this program to help with Water or Wastewater arrearages, those charges needed to be part of the rent paid.

Staff is working on outreach to the delinquent accounts following the credits made using the Arrearage Grant funding.

FINANCIAL IMPACT
None at this time – other than credits to fund accounts as described above.

ATTACHMENTS
None
City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.G
Discussion and Approval of a Transfer of Funds from UPA Reserve Account Held with Mechanics Bank, and Adopt Resolution No. 22-13, Rescinding Resolution 96-45, Rebecca Callen, City Administrator
_____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

April 19, 2022
City Council
Rebecca Callen, City Administrator

DISCUSSION AND APPROVAL OF A TRANSFER OF FUNDS FROM UPA RESERVE ACCOUNT HELD WITH MECHANICS BANK, AND ADOPT RESOLUTION NO. 22-13 RESCINDING RESOLUTION 96-45

RECOMMENDATION
Approve a transfer of $276,251.48 from the UPA Reserve Account sitting at Mechanics bank to the City of Angels to repay the Water Capital Replacement Fund (365) and contribute to the Annual UWPA funding contribution.

BACKGROUND
Resolution 96-45 required that the UPA reserve be maintained at $250,000. This resolution was approved with the JPA consisting of CCWD, UPUD, and the City of Angels. When JPA changed to only UPUD and the City of Angels it was agreed to have costs split 50/50 between the two agencies.

DISCUSSION
In the 2019-20 Fiscal Year, the City enacted adding the UWPA charge to customer bills equal to the funding requirement determined by the JPA as part of the budget, and the funds were sent to UWPA to hold the reserve themselves. This practice nullified the separate reserve the City was holding.

The contributions from the City to the JPA have been:
• 2019-20: $180,000
• 2020-21: $415,000
• 2021-22: Budgeted to be $417,000
Due to the fact that the funds transferred to the UPA reserve account held by the City were from Water Capital Replacement funds, it is recommended to transfer the $250,000 back. With the remaining $26,251.48 that was accumulated from UWPA billing charges, it is recommended to have that used as part of the annual contribution to UWPA.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Once these transactions are complete, the Mechanics Bank account will be closed.

FINANCIAL IMPACT
Will increase revenues to the Water Capital Replacement fund by $250,000. The UWPA amount will be held in the City treasury until the regular distribution of funds to UWPA occurs.

ATTACHMENTS
Resolution 96-45
Rescind Resolution 22-13
Budget Transfer

CITY OF ANGELS

CITY COUNCIL
RESOLUTION NO. 22-13
RESOLUTION RESCINDING 96-45
WHEREAS, Resolution 96-45 was adopted on July 2, 1996, for the City of Angels to hold an external reserve for the Angels-Utica System, and
WHEREAS, the Angels-Utica system loans were paid off by UWPA using hydropower revenues, and WHEREAS, there is no longer the need to hold external reserves under this resolution.

NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council approves and consents to rescind resolution 96-45.

DULY PASSED AND ADOPTED by the City Council of the City of Angels, at a regularly scheduled meeting, held on the 19th day of April 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jennifer Davis-Herndon
Vice- Mayor
ATTEST:
___________________________
Rose Beristianos
City Clerk

H O M E O F T H E J U M P I N G F R O G

City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.H
Discussion of Engineering Services Contract and Approval of Budget Amendments, Rebecca Callen, City Administrator
_____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE:

TO:

FROM:

RE:

April 19, 2022
City Council
Rebecca Callen, City Administrator

DISCUSSION OF ENGINEERING SERVICES CONTRACT AND APPROVAL OF BUDGET

AMENDMENTS

RECOMMENDATION
Approve the budget amendments for the 2021-2022 fiscal year for Engineering Services

BACKGROUND
The 2021-2022 budget was not in line with the contract and subsequent task order. This error was not identified until mid-year with research needing to be done by the City Administrator. In fact, the original contract allowed for $163,000 annually and a task order increasing the amount by $57,360 per year to incorporate an Engineering Technician.

DISCUSSION
The incorporation of the engineering technician services continues as a staffing augmentation with Amy Augustine and Drake Haglan and Associates support. Staff will be evaluating the benefits and cost of having an in-house engineering technician versus the continuance of contracting. These will be future discussion items at a later meeting.

FINANCIAL IMPACT
This requires a Council action to approve the increase of $40,000 to the Engineering budget.

ATTACHMENTS
2000 – Budget Transfer
Engineering Staff Report
Original Agreement
Task Order with Task Order Staff Report

E DATE: 3/17/2022
TO: City Council
FROM: Rebecca Neilon, Engineering Department
RE: Request for contract Amendment
BACKGROUND:

Dewberry Engineering has a contract to provide City Engineering Services. The Annual contract value is $163,000 annually. In the first year of this contract, it was amended to include an Engineering Technician for a total of $57,360 per year. The contract with the first task order have an annual value of $220,360.

DISCUSSION:

For unknown reasons, the Engineering Technicians position was eliminated from the budget this year, and $40,200 was added to the City Engineering contract. This shuffling resulted in a contract shortfall of $17,160.

Dewberry was not informed of this budget adjustment and our departments continued to bill at our previous years balances. This un-communicated shift in funds has led to confusion at both the City and Dewberry.

Due to increased workload, we request a contract amendment of $40,000 for the remainder of this fiscal year.

We recognize the challenges the City has funding our contract. We will work with Mrs. Callen to establish appropriate contract limits for future years that balance the need for staff and capital improvements. 21/22 Budget Requested
Amendment
Fund
Sewer 81,200 14,000 300
Water 81,200 0 350
Roads 40,600 0 010
Engineering Technician 0 26,000 010
Total 203,000 40,000
FISCAL IMPACT:

An increase of $14,000 to the Sewer Operating budget 300-2000-50087 utilizing fund balance from Sewer And increase of $26,000 to the Engineering budget 010-2000-50087 utilizing fund balance from the General Fund.

DATE: August 6, 2019
TO: City Council
FROM: Melissa Eads, City Administrator
RE: APPROVAL OF A CONTRACT TASK ORDERS BETWEEN THE CITY OF ANGELS AND DRAKE

HAGLAN AND ASSOCIATES, AND AUGUSTINE PLANNING ASSOCIATES FOR INCREASE IN OFFICE SUPPORT SERVICES EFFECTIVE JULY 30, 2019.

RECOMMENDATION
It is recommended that the City Council authorize Task Order No. 2 with Augustine Planning Associates in an amount not to exceed $2,720 per month, on a month to month basis.

It is further recommended that the City Council authorize Task Order No. 1 with Drake Haglan and Associates in an amount not to exceed $4,780 per month, on a month to month basis.

BACKGROUND
The Community Development Engineer Technical recently reclassified to Assistant Engineer effective July 1, 2019 resigned from the position effective July 26, 2018. In order to balance work load and provide added office support to the Community Development Specialist, staff will augment the position with contract support from Augustine Planning and Drake Haglan and Associates. The Administrative Services Officer is currently recruiting for the position. An update on recruitment efforts will be provided.

On July 1, 2018 the Council awarded a contract with Amy Augustine of Augustine Planning Associates in an amount not to exceed $90,000 at a rate of $85 per hour. The contract award included 20 hours per week with 16 hours per week to be in office support. Currently, the Contract Planner is in office Tuesday and Thursdays. This Task Order change will allow for an additional 8 hours of in office support per week.

The Contract Planner will be in office on Tuesday, Wednesday and Thursday.

On March 6, 2019 the Council awarded a contract with Drake Haglan and Associates in an amount not to exceed $163,000. The contract awarded included 16 hours per week at a rate of $144-185 per hour, with in office support to be as needed. The Council approved the reclassification of the Engineer Technician in July to coordinate and provide in office engineering support services to the community. The salary as approved was $92,000 per year. The position is currently vacant. The Task Order change will allow for an additional 8 hours of in office support from the Drake Haglan and Associates.

FINANCIAL IMPACT
There is proposed to be no fiscal impact. The cost of the Assistant Engineer will be divided amongst Augustine Planning and Drake Haglan. The fully weighted amount of this position was $92,000 per year.

Augustine Planning will coordinate engineering services on private development projects and Drake Haglan with coordination from the City Administrator will continue to support the Capital Improvement Plan, City projects, Public Works maintenance, and other engineering functions as needed.

ATTACHMENTS
Task Order Changes
Admin Service Officer Review and Received _____
Finance Officer Review and Received _________

City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.I
Discussion and Direction Regarding Fireworks in the City of Angels, Rebecca Callen, City Administrator
_____________________________________________________________________

RECOMMENDATION
Take no action

BACKGROUND
In June of 2021, the County of Calaveras passed an urgency ordinance banning fireworks in the County.

In response to that action, the City Council approved an urgency ordinance also banning fireworks within the City limits. Both municipalities used the Government Code section, which allows for urgent passage of an ordinance to protect health and safety. In both cases, the legislative body can extend the urgency ordinance for up to 10 months or do nothing and the action would cease 45 days from adoption.

DISCUSSION
The City has long allowed constituents the ability to sell and engage in the use of “Safe and Sane” fireworks. Many non-profit organizations have used this as a major fundraising option for their organizations. The lack of having this as a fundraising option hindered them in 2021.

Several organizations have requested the ability to continue this fundraising option for the 2022 year.

Statistics have shown that there has only been one fire caused by legal fireworks in the City. The recommendation is to allow the existing code to be used and permit the legal fireworks in the City limits.

FINANCIAL IMPACT
None

ATTACHMENTS
Urgency Ordinance 508
City of Angels Code Chapter 8
{CW105191.3} 1

THE CITY COUNCIL

OF THE CITY OF ANGELS CAMP
ORDINANCE NO. 508

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANGELS CAMP AMENDING CHAPTER 8.48, FIREWORKS USE AND RESTRICTIONS, OF TITLE 8, HEALTH AND SAFETY, OF THE ANGELS CAMP MUNICIPAL CODE TO

LIMIT FIREWORKS WITHIN THE CITY
WHEREAS, the use and discharge of fireworks within the City of Angels Camp (the “City”) presents a serious hazard to the health, welfare, and safety of individuals and property within the City; and
WHEREAS, the serious hazard posed by the use and discharge of fireworks is more pronounced during the July Fourth seasonal celebration; and WHEREAS, it is anticipated that due to worsening drought, rising temperatures, and arid fuels, the 2021 fire season could prove devastating for California; and WHEREAS, the Governor has proposed a record budget to mitigate a potentially disastrous fire season; and
WHEREAS, in 2020, a historic four million two hundred fifty-seven thousand eight hundred sixty-three (4,257,863) acres of the State of California (the “State”) burned, the largest fire season in modern history; and
WHEREAS, as of May 25, 2021, there has already been two thousand five hundred (2,500) wildfires in the State, a significant increase over the same period of time last year, and according to Cal Fire, as of May 27, 2021 an estimated fifteen thousand four hundred fifty-eight (15,458) acres have burned statewide; and
WHEREAS, Calaveras County and multiple fire protection districts within Calaveras County ban fireworks; and
WHEREAS, as of May 26, 2021, the Calaveras Consolidated Fire Protection District has responded to twenty-seven (27) vegetation fires within its territory and an additional three (3) vegetation fires with a neighboring fire district on the border with San Joaquin County, twenty-six (26) of which is presumed to have been caused by human error; and WHEREAS, the vegetation fires have burned approximately three hundred (300) acres; and
{CW105191.3} 2
WHEREAS, according to the National Fire Protection Association, an estimated nineteen thousand five hundred (19,500) fires started by fireworks were reported to fire departments nationwide in 2018, which caused five (5) civilian deaths, forty-six (46) civilian injuries and one hundred five million dollars ($105,000,000) in direct property damages; and WHEREAS, twenty-eight percent (28%) of fires started by fireworks reported to the National Fire Protection Association in the 2014-2018 period were reported on the Fourth of July; and
WHEREAS, brush, grass or forest fires accounted for fifty-nine percent (59%) of fires started by fireworks during the 2014-2018 period; and
WHEREAS, local fire hazard conditions require that the sale, use and discharge of fireworks be immediately prohibited within the City; and WHEREAS, the City, pursuant to the police powers delegated to it by the State Constitution, has the authority to enact laws that promote the public health, safety and general welfare of its residents; and
WHEREAS, pursuant to California Government Code section 36937 the City may adopt an urgency ordinance if it is for the immediate preservation of the public peace, health or safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANGELS CAMP ORDAINS AS FOLLOWS:

SECTION 1. Amendment. Chapter 8.48, Fireworks Use and Restriction, of Title 8, Health and Safety, of the Angels Camp Municipal Code shall be repealed in its entirety and replaced with a new Chapter 8.48, which shall read as follows:

Chapter 8.48

FIREWORKS
Sections

8.48.010 Purpose and Intent.

8.48.020 Definitions.

8.48.030 Fireworks Prohibited.

8.48.040 Exceptions.

8.48.050 Public Nuisance Declared.

8.48.010 Purpose and Intent.

The purpose and intent of this Chapter is to protect the public by reducing the likelihood of wildfires and other accidental fires caused by fireworks. {CW105191.3} 3

8.48.020 Definitions.

Unless otherwise indicated, the terms and phrases used in this Chapter shall have the same meaning as those terms defined under the State Fireworks Law, Health & Safety Code section 12500 et seq.

8.48.030 Fireworks Prohibited.

Except as otherwise provided in this Chapter, no person shall sell, offer for sale, use, discharge, display, possess, store, or transport any fireworks within the City.

8.48.040 Exceptions.

The provisions of this Chapter shall not apply to any of the following:

A. Any person or entity engaged in the preparation for or performance of a public fireworks display authorized in writing by the Fire Chief of the City and conducted in full compliance with any conditions or restrictions placed upon such authorization.

B. Emergency signaling devices as defined in Health and Safety Code section 12506 when used for emergency signaling purposes.

C. If written approval is obtained from the City:

1. Emergency signaling devices as defined in Health and Safety Code section 12506 when used for non-emergency purposes.

2. Agricultural and wildlife fireworks as defined by Health and Safety Code section 12503.

3. Exempt fireworks as defined by Health and Safety Code section 12508.

4. Model rocket motors as defined in Health and Safety Code section 12520.

5. Any fireworks or pyrotechnic device exempted under Health and Safety Code section 12540.

8.48.050 Public Nuisance Declared.

Any violation of this Chapter is hereby declared to be a public nuisance that may be subject to enforcement pursuant to the provisions of Chapter 2.60 or any other administrative, criminal or civil remedy available to the City under applicable laws. {CW105191.3} 4
Section 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof and shall continue to be in full force and effect.

Section 3. Urgency Finding. The City hereby finds, determines and declares that this ordinance is necessary to the immediate preservation of the public peace, health or safety, because there is an urgent need to prevent the serious risk of fires posed by fireworks. Therefore, the City further finds, determines and declares that this ordinance takes effect immediately upon adoption pursuant to the authority conferred upon the City Council by California Government Code section 36937.

The foregoing ordinance was introduced, adopted, approved and ordered published in full by a four-fifths vote at a meeting of the City Council of the City of Angels Camp held on the 15th day of June 2021, and said ordinance was thereupon adopted by the following roll call vote.

AYES:

NOES:

EXCUSED:

ABSTAIN:

ATTEST: APPROVED:

Rose Beristianos,
City Clerk
Alvin Broglio,
Mayor
Chapter 8.48

FIREWORKS USE AND RESTRICTIONS
Sections:

8.48.010 Definitions.

8.48.020 Use of fireworks within the city limits.

8.48.030 Fireworks restrictions.

8.48.040 Violation of this chapter.

8.48.050 Appeals.

8.48.060 Hearing procedures.

8.48.070 Decision on appeal.

8.48.010 Definitions.

A. "Fireworks" means any device consisting of a combination of explosives and combustibles, set off to generate colored lights, smoke, and noise for amusement.

B. "Fire chief" means the fire chief or any authorized representative.

C. "Fire marshal" means the city fire marshal or his assistant.

D. "The state" for this chapter will mean the California Department of Forestry and Fire Protection. (Ord. 451 (part), 2011)

8.48.020 Use of fireworks within the city limits.

A. Fireworks will only be allowed on private property by the property owner. The use of public parks or other public areas will not be allowed.

B. Property owners must have a water hose or fire extinguisher present during the use of fireworks.

C. Adults must be in direct supervision anytime fireworks are used.

D. Fireworks debris must not be left in a way as to be declared a public nuisance. (Ord. 451 (part), 2011)

8.48.030 Fireworks restrictions.

A. Only fireworks labeled and approved by the California State Fire Marshal as safe and sane will be allowed to be owned, used, and sold.

B. Any fireworks that leave the ground are not permitted under this chapter.

C. Fireworks are to be placed on a noncombustible surface no more than three feet from the ground.

D. Fireworks shall not be used around combustible material or any flammable/combustible liquid and shall not be used within twenty-five feet of dry vegetation.

E. No person shall be under the influence of alcohol or mind altering drugs while using fireworks.

F. Any property owner that has a fire that is started by fireworks as a result of improper use or that is in violation of this chapter shall be responsible for any fines, penalties, damages, or injuries. (Ord. 451 (part), 2011)

8.48.040 Violation of this chapter.

A. Any persons found to be in violation of any part of this chapter may be susceptible to a citation/fine issued by the city of Angels. First offense for violations of this chapter shall pay a fine in the amount of one hundred fifty dollars. A fine of three hundred dollars shall be levied for subsequent offenses of this chapter by the same person or persons.

B. In addition to a citation/fine, persons in violation of this chapter may also be susceptible to civil suit for any use of fireworks that causes damage, injury, or loss of life.

C. Property owners shall be held responsible for safe use of fireworks, and shall hold harmless the city of Angels, its fire department, and its staff from any damages, injuries, or loss of life as a result of debris burning.

D. Persons in violation of fireworks offenses may not only be limited to this chapter. They may also be prosecuted for any violations of state or federal law. (Ord. 451 (part), 2011)

8.48.050 Appeals.

The property owner may appeal the decision of the enforcement officer to issue a citation/fine by sending a written appeal to the enforcement officer requesting a hearing with the fire chief within ten days of the notice. (Ord. 451 (part), 2011)

8.48.060 Hearing procedures.

A. The fire chief shall only consider evidence that is relevant to whether all or a portion of this chapter was violated.

B. The property owner contesting the citation shall be given the opportunity to testify and present witnesses and evidence.

C. The failure of any recipient of a citation to appear at the appeal hearing shall constitute a waiver of the appeal, waiver of fines, and failure to exhaust administrative remedies.

D. The citation and any additional documents submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

E. If the enforcement officer submits additional written information concerning the citation for consideration of the appeal hearing, a copy of the written information shall be served by mail on the person requesting the hearing at least five days prior to the date of the hearing.

F. At least five days prior to the appeal hearing, the recipient of a citation shall be provided a copy of the documents relied upon by the enforcement officer. No other discovery is permitted. Formal rules of evidence shall not apply.

G. A hearing before the fire chief shall be set for a date that is not less than ten days and not more than twenty days from the date the request for hearing is filed. The person requesting the hearing shall be notified of the time and place set for the hearing at least five days prior to the date of the hearing. (Ord. 451 (part), 2011)

8.48.070 Decision on appeal.

A. After considering all the testimony and evidence submitted at the appeal hearing, the fire chief shall issue a written decision within seventy-two hours of the hearing upholding or denying the citation and shall list within the decision the reasons for that decision. The fire chief may impose such conditions and take such other actions as is deemed appropriate to carry out the purpose of the provisions of this chapter.

B. The decision of the fire chief shall be final and shall be served by mail on the property owner within forty-eight hours. (Ord. 451 (part), 2011)
City of Angels Council Meeting
APRIL 19, 2022 REGULAR AGENDA 7.J
Discussion,Direction and Action on Parade Fee Waiver, Adoption of Resolution No. 22-12, Approving a No Fee Waiver Policy, Rebecca Callen, City Administrator _____________________________________________________________________

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: April 19, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION, DIRECTION, AND ACTION ON PARADE FEE WAIVER, ADOPTION OF RESOLUTION NO. 22-12, APPROVING A NO FEE WAIVER POLICY

RECOMMENDATION
Approve a No Fee Waiver policy via Resolution

BACKGROUND
Staff receives annual requests to waive fees and as City Administrators and Councils have changed, so has the direction on waivers. To eliminate the confusion for staff and customers, the recommendation is to adopt a “No Fee Waiver” policy. This does NOT preclude a request to Council to waive the fee. However, it eliminates the confusion and ensures that Council is aware of the waiver, and the cost to the City, and recognizes the requestor’s need for the waiver.

DISCUSSION
Generally, the fee waivers being requested of staff are for non-profits. The Fairground, Friends of the Calaveras County Fair, Destination Angels Camp (DAC), Angels Camp Business Association (ACBA), and others mainly center around hanging the banners, but also can be for park rental costs and kitchen rental costs. The current cost for hanging a banner is $496.11 and Kitchen rental is $200 per day. Those requests were approved at the April 5, 2022 meeting, The current request for a waiver is the parade fee.

There has been an annual parade that has been the “kick-off” to the Calaveras County Fair and Frog Jump Jubilee since the 1930s. To continue the tradition, the Calaveras County Fairgrounds CEO, Laurie Giannini, submitted the permit for the road closure to Caltrans, using the same traffic plan that has been used since 2005. Caltrans approved the plan. The Soroptimists will be organizing the entries, while the City and the Laurie Giannini will be coordinating the traffic and business impacts.

The parade fee is $339.45 and normally a deposit is required to offset staff costs of $539.70, with any additional charges being billed subsequent to the event. Ms. Giannini has requested a waiver of the parade fee in the amount of $339.45 and the will be reimbursing the City for the estimated $750 for the staff resources that will be used.

C IT Y H AL L
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Any waiver of a fee requires a discretionary funding mechanism to offset the waiver. To avoid any subsidy of fee or rate by approving waivers, discretionary funds such as sales tax, Transient Occupancy Tax, or property tax is required as an offset and it would be recommended that with any waiver, an associated transfer request be made whereby an expense of “Donation” is made with the offset being the lost revenue from the General Fund and the Administrative/Finance Department.

FINANCIAL IMPACT
Increase Donation expense by $339.45.

ATTACHMENTS
No Fee Waiver Policy
Budget Transfer
Resolution No. 22-12

CITY OF ANGELS

CITY COUNCIL
RESOLUTION NO. 22-12

RESOLUTION APPROVING A NO FEE WAIVER POLICY
WHEREAS, the City of Angels has several fees to recoup costs for performing services or paying for facilities., and
WHEREAS, staff receive requests for fee waivers each year, and WHEREAS, waiving fees must be done in a manner as to not create a gift of public funds.

NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council approves and consents to a policy of not permitting staff to waive fees of any kind and requests can be treated as a variance to be addressed by Council as a variance to policy.

DULY PASSED AND ADOPTED by the City Council of the City of Angels, at a regularly scheduled meeting, held on the 19th day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Jennifer Davis-Herndon
Vice-Mayor
ATTEST:
___________________________
Rose Beristianos
City Clerk

H O M E O F T H E J U M P I N G F R O G

Angels Camp City CouncilApril 19, 2022

Angels Camp City Council
April 19, 2022