Agenda packet — Angels Camp City Council, October 18, 2022

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

CITY OF ANGELS

CITY COUNCIL AGENDA
October 18, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

In person public attendance will be available with limited seating. Seats are available on a first come, first served basis. Members of the public shall have the right to observe and offer public comment at the appropriate time. To view or participate in the meeting online, please use the following link:

Google Meet joining info
Video call link: https://meet.google.com/bfn-ezik-fue
Or dial: (US) +1 630-634-5291 PIN: 858 431 338#
CITY COUNCIL appreciates your interest and encourages your participation. Regularly scheduled meeting are held the 1st 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 (Closed Session Agenda Items Only)
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 Labor Negotiators (Gov’t Code Section 54957.6) Agency Designated Representative: Rebecca Callen, City Administrator Organization: Angels Police Officer Association

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
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 Organization: Angels Police Officer Association

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

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. September 20, 2022, Draft Minutes, Rose Beristianos, City Clerk B. Monthly AP Checks Issued for September 2022, Michelle Gonzalez, Finance Director C. Authorize the Mayor to Sign the Letter of Support for Utica Community Water Supply and Forest Protection Planning Project Grant Application No. 1543, Rebecca Callen, City Administrator

7. REGULAR AGENDA
A. Receive a Presentation about The Central Sierra Economic Development District and the Strategic Planning Efforts, Rebecca Callen, City Administrator
B. Approve Resolution No. 22-71, Establishing the City of Angels Register of Cultural Resources, Amy Augustine, City Planner
C. Approve Resolution No. 22-72, Adding the Utica Hotel Located at 1270-1276 South Main Street to the City of Angels Register of Cultural Resources, Amy Augustine, City Planner D. Discussion and Direction on Clean CA Monument Signs, Amy Augustine, City Planner E. Approve Purchase and Installation of Ignition S.C.A.D.A Software and Approve Resolution 22-73, Budget Amendment, Chris O’Flinn, Public Works Superintendent
F. Rescind Resolution No. 12-05, Resolution Recognizing and Supporting Destination Angels Camp Corporation DBA Destination Angels Camp as a Nonprofit Organization Serving as an Economic Development Corporation for Angels Camp, Rebecca Callen, City Administrator
G. Approve Resolution No. 22-74, Approve Police Officer Trainee Job Description and Salary, Rebecca Callen, City Administrator
H. Review Council Calendar for November and December, Review when to Discuss Strategic Planning, and the Two Meetings in December, Rose Beristianos, City Clerk

8. ADMINISTRATION REPORT

9. COUNCIL REPORT

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

10. CORRESPONDENCE
A. News and Notes the Week of September 26, 2022
B. News and Notes the Week of October 3, 2022
C. Destination Angels Camp (DAC) Change to Bylaws
D. Destination Angels Camp (DAC) Rescind Resolution No. 12-05 E. Destination Angels Camp (DAC) Roadmap to Success

11. CALENDAR

12. 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. 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.

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov

DRAFT MINUTES CITY OF ANGELS

CITY COUNCIL AGENDA
October 4, 2022
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC. MASKS ARE RECOMMENDED FOR ATTENDEES.

Google Meet joining info
Video call link: https://meet.google.com/bfn-ezik-fue
Or dial: (US) +1 630-634-5291 PIN: 858 431 338#
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) Alvin Broglio Vice Mayor (PRESENT) Jennifer Davis-Herndon Council Members Gretel Tiscornia (PRESENT), Isabel Moncada (ABSENT), Caroline Schirato (PRESENT) City Administrator Rebecca Callen (PRESENT) City Attorney Doug White (NOT NEEDED) 5:00 p.m. CLOSED SESSION

1. ROLL CALL

2. PUBLIC COMMENT (Closed Session Agenda Items Only) - NONE

3. ADJOURN TO CLOSED SESSION
A. Conference with Legal Counsel – Potential Litigation Pursuant to Government Code Section 54956.9 (d)(1)
6A

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
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 (d)(1)

DIRECTION GIVEN TO STAFF

4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED)
ACTION: VICE MAY HERNDON MOTIONED TO APPROVE THE AGENDA, SECONDED BY MAYOR BROGLIO, AND PASSED 4 YES 1 ABSENT

5. PUBLIC COMMENT
NONE

6. CONSENT AGENDA
A. September 20, 2022, Draft Minutes, Rose Beristianos, City Clerk B. Adopt Resolution No. 22-65, Authorizing Remote Teleconference Meetings of the Legislative Bodies of the City of Angels Pursuant to Assembly Bill 361 and Brown Act Provisions, Rose Beristianos, City Clerk C. Adopt Resolution No. 22-66, City of Angels, Conflict of Interest Code, Rose Beristianos, City Clerk ACTION: COUNCIL MEMBER SCHIRATO MOTIONED TO APPROVE THE CONSENT AGENDA, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES 1 ABSENT

7. REGULAR AGENDA
A. Approve Resolution No. 22-67, Approving the City of Angels Participation in the Clean California Adopt a Highway and Dump Day Programs and Authorizing the City Administrator to Execute all Necessary Agreements, Rebecca Callen, City Administrator
ACTION: MAYOR BROGLIO MOTIONED TO APPROVE RESOLUTION NO. 22.64 AND AUTHORIZED THE CITY

ADMINISTRATROR TO EXECUTE ALL NECESSARY AGREEMENTS, SECONDED BY COUNCIL MEMBER SCHIRATO, AND PASSED 4 YES, 1 ABSENT
B. Discussion and Direction to Approve Resolution No. 22-68 Customer Assistance Program Policy, and Resolution No. 22-69 Budget Adjustment, Rebecca Callen, City Administrator PUBLIC COMMENT: GLORIA REESE SPOKE REGARDING RENTERS
ACTION: MAYOR BROGLIO MOTIONED TO APPROVE RESOLUTION NO. 22-68 AND 22-69, SECONDED BY COUNCIL MEMBER SCHIRATO, AND PASSED 3 YES, 1 ABSTAIN, 1 ABSENT C. Approve Engagement Letter for Larry Bain, CPA and Approve Staff to Advertise for Audit Services for Five (5) Years, Beginning with the 2022/23 Fiscal Year, Michelle Gonzalez, Finance Director ACTION: VICE MAYOR HERNDON MOTIONED TO APPROVE THE ENGAGEMENT LETTER AND APPROVED TO ADVERTISE FOR AUDIT SERVICES, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES, 1 ABSENT

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
D. Discussion and Approval of Resolution No. 22-70, Approving the Angels Creek Trail and Main Street Historic Bike and Pedestrian Improvement Projects to the Calaveras County Council of Governments for the 2022/23 RSTP and CMAQ Call for Projects, Rebecca Callen, City Administrator PUBLIC COMMENT: L DARBY SPOKE ABOUT SIDEWALKS NEEDED TO THE ANNEX ACTION: VICE MAYOR HERNDON MOTIONED TO APPROVE RESOLUTION NO. 22-70 FOR THE 2022/23 RSTP AND CMAQ CALL FOR PROJECTS, SECONDED BY COUNCIL MEMBER TISCORNIA, AND PASSED 4 YES, 1 ABSENT

8. ADMINISTRATION REPORT - GIVEN

9. COUNCIL REPORT – COUNCIL GAVE THEIR REPORTS

10. CORRESPONDENCE
A. News and Notes the Week of September 12, 2022
B. News and Notes the Week of September 19, 2022

11. CALENDAR – CITY CLERK DISCUSSED

12. ADJOURNMENT
ACTION: VICE MAYOR HERNDON MOTIONED TO ADJOURN THE MEETING AT 7:09PM, SECONED BY COUNCIL MEMBER SCHIRATO, AND PASSED 4 YES, 1 ABSENT
________________________
Alvin Broglio, Mayor
ATTEST:
_____________________
Rose Beristianos, City Clerk

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog · Angelscamp.gov
MEETING DATE: October 18, 2022
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: 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 September.

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Accounts Payable Checks September
6B

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog · Angelscamp.gov
MEETING DATE: October 18, 2022
TO: City Council
FROM: Rebecca Callen, Finance Director
RE: Letter of Support

RECOMMENDATION
Staff recommends that City Council allow the Mayor to sign the letter of support

DISCUSSION
UTICA is applying for the Sierra Nevada Conservancy Planning Grant and is asking for a letter of support.

This grant would pay 100% of the costs for the CEQA and NEPA on several hundred acres along the 13- mile stretch of wooden flumes and canals between Avery and Murphys. Once the environmental work is done, UTICA plans to apply for a second grant to fund a large fuel-reduction project to help protect the critical infrastructure from destruction by wildfire.

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. Letter of Support
6C

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon • Council Members Caroline Schirato, Gretel Tiscornia, Isabel Moncada
City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP October 18, 2022
To: Angela Avery, Executive Officer
Sierra Nevada Conservancy
11521 Blocker Drive, Suite 205
Auburn, CA 95603
Re: Support for Utica’s Community Water Supply and Forest Protection Planning Project grant application #1543
Dear Angela Avery:

I am writing to express City of Angels support for the Utica Water and Power Authority’s (Utica) Community Water Supply and Forest Protection Planning Project grant application to the Sierra Nevada Conservancy.

The City of Angels and its residents enjoy the Angels Creek that is filled with flora and fauna representing a life center making its way to New Melones. This is made possible with the Utica conveyance system. The very nature of our community relies on that complex system.

Utica’s water system provides the sole water supply to more than 10,000 people who live in Murphys, Douglas Flat, Vallecito, and Angels Camp, in Calaveras County. In addition to providing water for residential, commercial, and agricultural customers, Utica provides water for hundreds of fire hydrants. Planning for fuel reduction projects that would protect the Utica Water Supply System, and the natural areas surrounding the infrastructure should be a #1 priority.

The proposed Utica fuel break project is within an area designated by CAL FIRE as a Very High Fire Hazard Severity Zone. Utica’s fuel-reduction project would bolster existing fuel breaks and fuels reduction efforts, while also protecting Utica’s Water Supply System. Defending the water system, and local communities and natural areas will allow Utica to keep a continuous delivery of water resources, and create a more resilient watershed and forested environment.

I hope you choose to fund the application submitted by the Utica Water and Power Authority. Should you have any additional questions, please feel free to contact me at [email protected].

Sincerely,
Alvin Broglio
Mayor
City of Angels

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: October 18, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: RECEIVE A PRESENTATION ABOUT THE CENTRAL SIERRA ECONOMIC DEVELOPMENT

DISTRICT AND THE STRATEGIC PLANNING EFFORTS

RECOMMENDATION
No action. Discussion only.

BACKGROUND
The Central Sierra Economic Development District includes Tuolumne, Calaveras, Amador, Mariposa, and Alpine Counties. The purpose of this District is to bring workforce and economic development assistance to businesses and residents throughout the Motherlode region.

DISCUSSION
Chabin is giving an update on the Comprehensive Economic Development Strategy (CEDS) and some general information for Council. The City of Angels is participating in the ongoing meetings in coordination with the County Board of Supervisor member.

The survey is available on our Facebook Page, our website via Comprehensive Economic Development Strategy (CEDS) Survey (surveymonkey.com) and requests for paper copies can be made to Vicki Doll, Chabin Concepts, at [email protected] or at 530-345-0364.

FINANCIAL IMPACT
n/a
7A
CEDS Update
TUESDAY, OCT 4, 2022
• Alpine County – 9:00 a.m.
• Mariposa County – 4:00 p.m.

WEDNESDAY, Oct 5, 2022
• Tuolumne County – 1:00 p.m.

TUESDAY, OCT 11, 2022
• Amador County – 9:00 a.m.

MONDAY, OCT 17, 2022
• City of Sonora – 5:00 p.m.

TUESDAY, OCT 18, 2022
• City of Angels Camp – 6:00 p.m.

TUESDAY, OCT 25, 2022
• Calaveras County – 9:00 a.m.

PRESENTATION SCHEDULE
Central Sierra Economic
Development District
2023-2028 Comprehensive
Economic Development Strategy
Alpine County
Amador County
Calaveras County
Mariposa County
Tuolumne County
City of Angels Camp
City of Sonora
What is a CEDS?
A five-year strategy-driven plan for regional economic development. • Regional vision and goals
• Guides regional economic development efforts
• Informs and builds on other statewide initiatives like the Community Economic Resilience Fund (CERF) and Regional Climate Collaboratives • Leverages and supports local efforts and plans, does not replace • Builds capacity through collaboration
• Informed through research and public engagement
• Implemented by jurisdictions, agencies, organizations, educational institutions, private sector businesses, nonprofits and individuals 2 Annual
Review
October
13, 2022
Timeline
October 2022
Concluding Research
Economic Conditions
SWOT
Strategies
November 2022
Vision and Goals
Infrastructure
Business Climate
Resiliency
Implementation Plan
Performance Indicators
December 2022
Presentation and begin 30-
day public comment period
January 2023
Revise as needed
Submit to EDA for review
Community-Informed & Asset-Based
• Survey launched August 2022
• 200+ Respondents & interviews across the region
• Clear direction on issues and opportunities
•Natural Resources
•Recreational Venues
•Historic Sites
•Downtowns
•Engaged Community
Assets
•Infrastructure
•Worker Housing
•Talent Pipeline
•Living-Wage Jobs
•Natural Disasters
Challenges •Entrepreneurial Spirit
•Remote Workers
•Strong Tourism Industry
•Diversify Industry
•Quality of Place
Opportunities
•Goals & Objectives
•Strategies
•Implementation Tactics
•Achievement Teams & Partners
•Performance Metrics
Action Plan
Critical Issues
Regional Infrastructure
• Everyone needs better broadband
• Some need better cell service
• Reliable electric grid
• Better transportation and road system
• Upgrades and expansions are costly for local
jurisdictions
5 Housing
• Need more available and affordable to workers
• What is the impact of seasonal rentals
• State regulations don’t allow for flexibility
Jobs / Workforce
• Low-wage jobs
• Quantity and quality of the workforce
• Aging population, stagnant talent pipeline
• Childcare accessibility and affordability
Industry
• Need diversity
• Support and broaden tourism
• Need more robust entrepreneurial support
Resiliency
• Making progress on fire safety
• Some recovery from COVID
Questions &
Comments

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 DATE: October 18, 2022
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Resolution 22-71 Establishing the City of Angels Register of Cultural Resources.

RECOMMENDATION:

Approve Resolution 22-71 establishing the City of Angels Register of Cultural Resources.

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 considered Resolution of Intent 22-23 at its October 13, 2022, meeting.

The proposed Resolution will establish the City of Angels Register of Cultural Resources.

A “cultural resource” is any building, structure, object, site, district, or other item of cultural, social, religious, economic, political, scientific, agricultural, educational, military, engineering or architectural significance to the citizens of the City of Angels, the State of California, or the nation which is 50 years of age or older or has been listed on or is eligible for listing on the National Register of Historic Places, the California Register of Cultural Resources, or any local register. Examples of prehistoric resources may include stone tools and manufacturing debris; milling equipment such as bedrock mortars, portable mortars, and pestles; darkened or stained soils (midden) that may contain dietary remains such as shell and bone; historic dumps (trash), mine workings 50 years old or older, dark gray or brown deposits with fire broken rock, stone tools, mining tools or other such features as well as human remains. Historic resources may include burial plots; structural foundations; mining spoils piles and prospecting pits; cabin pads; and trash scatters consisting of cans with soldered seams or tops, bottles, cut (square) nails, and ceramics.

Multiple General Plan 2020 Cultural Resources Element policies and implementation programs call for establishing a local inventory of cultural resources as necessary to manage cultural resources citywide and to 7B
City of Angels Cultural Resources Inventory Page - 2
implement incentive programs including application of the State Historic Building Code (SHBC), the Mills Act, and other incentives the City may adopt.

The proposed resolution, upon approval by the City Council, will allow for immediate application of the State Historic Building Code (Health and Safety Code Sections 18950 through 18961) for structures qualifying for and requesting listing on the City of Angels Register of Cultural Resources.

The SHBC recognizes the unique construction problems inherent in historical buildings by providing a code to deal with these problems. The provisions of the SHBC are to be applied by the enforcing authority of every city, county, city and county, or state agency in permitting repairs, alterations and additions necessary for the preservation, rehabilitation, relocation, related construction, change of use or continued use of a qualified historical building.

To be considered a qualified historical building or structure, Health and Safety Code Section 18955 states: … a qualified historical building or structure is any structure or collection of structures, and their associated sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include structures on existing or future national, state or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and city or county registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

Adoption of the City of Angels Cultural Resources Register, which incorporates the most recent historical inventory conducted in the City (2011), will facilitate the application of the SHBC in the City.

Requirements and procedures for inclusion on the inventory are contained in the attached resolution.

The following General Plan 2020 policies and programs are in support of the proposed inventory.

General Plan 2020 – Cultural Resources Element
Policies

8.A.1 Provide mechanisms to identify and preserve the historic, visual, and aesthetic character and diversity of Angels Camp by encouraging the protection, enhancement, perpetuation and use of buildings, structures, places, sites, districts or other objects or things that represent past eras, events or persons important in Angels Camp's prehistoric, historic, cultural, social, economic, political and architectural history, or which provide significant examples of architectural styles of the past, or which are unique and irreplaceable assets to the city, or which provide examples of the physical surroundings in which past generations lived.

8.B.1 Recognize the importance of cultural resources management to the attractiveness, character and livability of Angels Camp.

8.B.2 Assist in retaining the special character of historic buildings, structures and districts and promote compatible development within historic districts by providing flexible development standards to encourage preservation of historic buildings, structures, sites and districts.

8.B.3 Recognize the importance of cultural resources management to the city's economic health and development. Promote the continued private ownership and utilization of historic properties by providing economic and zoning incentives to stabilize and City of Angels Cultural Resources Inventory Page - 3
improve the value of properties designated as historic resources, and strengthen the economy of Angels Camp by enhancing the city's attraction to residents and encouraging heritage tourism.

8.B.4 Emphasize the provision of incentives to encourage the retention, reuse and restoration of historic structures.

8.B.5 Establish the tools necessary for the city to pursue funding sources and develop incentive programs essential to the preservation of the city's cultural resources.

8.B.6 Seek the expertise of qualified professionals in evaluating potential impacts of proposed projects on cultural resources.

8.B.7 Manage the city's cultural resources in a manner consistent with the Secretary of the Interior's Standards and Guidelines.

Implementation Programs

8.A.h Establish an Angels Camp Register of Cultural Resources Establish a Register of Cultural Resources for Angels Camp for the purposes of recognizing properties that are historically and culturally important to the citizens of Angels Camp and to implement preservation incentives programs pursuant to the Cultural Resources Management Ordinance (see 2020 General Plan Program 8.B.a).

The Register will include properties that are:
a. Listed on the National Register of Historic Places
b. Listed on the California Register of Historical Resources c. Properties contained within cultural resource inventories (see 2020 General Plan Program 8.A.e) that have been assigned a California Historical Resources Status Code (2020 General Plan Appendix SD) or National Register designation of:

1. listed on the National Register;

2. determined eligible for listing by formal process involving federal agencies;

3. appears to be eligible for listing in the judgment of the person completing the form;

4. might become eligible for listing; or

5. ineligible for listing on the National or California Registers but of local interest and eligible for the City Register
d. Properties that meet the criteria for listing on the City Register, contained in the Cultural Resources Management Ordinance
City of Angels Cultural Resources Inventory Page - 4
e. Carry the Historic Combining District (:H) designation

8.B.c Provide Zoning Incentives to Encourage Preservation and Rehabilitation of Historic Buildings
Allow the modification of development standards, provided a determination is made that the modification furthers the intent and purpose of this element. The program will consider allowing, as a conditional use, expanded uses for historic resources located in residential zones, and may also consider modification of dimensional limitations such as building coverage and setbacks. Modified development standards shall not alter conformance requirements of appropriate building, construction or fire codes (e.g., State Historic Building Code, Uniform Building Code, Uniform Fire Code, Uniform Code for Building Conservation). City building officials and fire officials are encouraged to liberally construe pertinent portions of the codes in furtherance of this element to the extent that interpretations do not endanger health and safety.

8.B.d Continue to Allow Use of Materials and Methods Consistent with the Construction Date of the Building for Buildings 50 Years of Age or Older per the State Historic Building Code
Continue to allow rehabilitation of housing using materials and methods as of the date of original construction for those residences 50 years of age or older and/or listed in the city's historical inventory (Central Sierra Historic Resource Inventory, March, 1989; Leslie Crow and as may be amended) unless a health or safety hazard would result, consistent with the provisions of Health & Safety Code Section 17922(d). Refer to the State Historic Building Code (2020 General Plan Appendix 81) for guidance, where pertinent.

Please note that some modifications of the above policies and programs have been made in the attached resolution to reflect updated information (e.g., a 2011 cultural resources inventory provides more current resource evaluations than the 1989 referenced resources inventory)

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.

ATTACHMENT
A. Resolution of Intent 22-23 (Planning Commission)
B. Resolution 22-71 (City Council)
City of Angels Cultural Resources Inventory Page - 5

CITY OF ANGELS PLANNING COMMISSION
Resolution of Intent No. 22-23

RESOLUTION PASSED AND ADOPTED BY THE

CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ESTABLISHING THE

CITY OF ANGELS REGISTER OF CULTURAL RESOURCES
WHEREAS, the City of Angels’ historical built environment is a priceless legacy from previous generations that is an integral part of the City’s identity and distinctive character; WHEREAS, the City of Angels’ historical built environment is an important part of the City’s tourism economy and character;
WHEREAS, this legacy, to be perpetuated for future generations, requires mechanisms to identify and preserve the historic, visual, and aesthetic character and diversity of Angels Camp by encouraging the protection, enhancement, perpetuation and use of buildings, structures, places, sites, districts or other objects or things that represent past eras, events or persons important in Angels Camp's prehistoric, historic, cultural, social, economic, political and architectural history, or which provide significant examples of architectural styles of the past, or which are unique and irreplaceable assets to the city, or which provide examples of the physical surroundings in which past generations lived;
WHEREAS, Angels Camp General Plan 2020 Implementation Program 8.A.h calls for establishing a Register of Cultural Resources for Angels Camp for the purposes of recognizing properties that are historically and culturally important to the citizens of Angels Camp and as a mechanism to implement preservation incentive programs;
WHEREAS, many of the City’s homes and business buildings are over 50 years of age and need continued good maintenance and rehabilitation which may require the application of the State Historical Building Code;
WHEREAS, use of the State Historical Building Code requires the establishment of a local register of historical properties to qualify for its application;
NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Angels recommends to the City Council, establishing the City of Angels Register of Cultural Resources subject to the following eligibility City of Angels Cultural Resources Inventory Page - 6
rules:

Rule 1: A property is eligible for consideration to be listed on the City of Angels Register of Cultural Resources if it is at least 50 years old and meets one of the following criteria:

A. It exemplifies or reflects significant elements of the City of Angels’ cultural, social, religious, economic, political, engineering or architectural history;
B. It is identified with historical persons or with important events in local, state or national history; C. It embodies distinguished architectural characteristics valuable for a study of a period style or method of construction or is a valuable example of the use of indigenous materials or workmanship; D. It is representative of a notable work of a master builder or architect; E. It is listed on the National Register of Historic Places or is a contributing structure in a district listed on the National Register of Historic Places;
F. It is listed on the California Register of Historical Resources or is a contributing structure in a district listed on the California Register of Historical Resources;
G. It is currently zoned :H (Historic combining district) under Title 17 of the City of Angels Municipal Code; H. It has been declared eligible for listing on a local, state, or national register of cultural resources pursuant to an inventory conducted by a qualified cultural resources professional pursuant to the standards and criteria established pursuant to the National Register of Historic Places and/or California Register of Historical Resources;
I. It has been evaluated and determined eligible for listing on a local, state, or national register of cultural resources either individually or as a contributor to a district pursuant to the Historic Resources Inventory and Evaluations, Historic Commercial Center, Angels Camp, CA, April 2011 prepared under Community Development Block Grant #08-EDEF-5782 by Foothill Resources, Ltd. and as that inventory may be amended.

J. Properties zoned with the Historic Combining District (:H) designation Rule 2: The owner, or his or her authorized agent, of a qualified property, as defined in Rule 1, may apply for inclusion on the City of Angels Register of Cultural Resources through the City of Angels Community Development Department on a form prescribed by that department and meeting the following requirements:

A. For rehabilitation and/or remodeling projects a description of and proposed timeframe for completing each phase of the rehabilitation or remodeling projects. Exterior elevations of the qualifying structure clearly identifying all proposed changes.

B. For all projects, a description of the proposed maintenance program for the structure; C. A fee to cover the costs of preparing necessary reports and resolutions to add the resource(s) to the register will be established on the City’s Fee Schedule.

An application to be included on the City of Angels Register of Cultural Resources shall be deemed an application to rezone the parcel upon which the resource is located to the Historic Combining District (:H).

Rule 3: Upon receipt of an application to be included on the City of Angels Register of Cultural Resources, the City of Angels Cultural Resources Inventory Page - 7
application shall be referred to the City of Angels Planning Commission for a review to determine:

A. Whether the property in question is qualified for inclusion on the City of Angels Register of Cultural Resources;
B. Whether all or part of the parcel under application shall be included on the register; C. If the request is for a property requiring rehabilitation, then the Commission shall evaluate whether or not the project meets the rehabilitation standards according to the rules of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the Secretary of the Interior’s Rehabilitation Standards or other applicable Secretary of the Interior’s standards; D. If the request is for a property which shall be preserved in its existing good condition, the Commission shall evaluate the maintenance schedule to determine if it is sufficient to maintain the property in its present good condition.

The Commission shall forward its recommendations to the City Council. The City Council shall consider the recommendations and take action to include or exclude the property for inclusion on the City of Angels Register of Cultural Resources.

The foregoing resolution was introduced and moved for adoption on October 13, 2022, by Commissioner ___________________ and duly seconded by Commissioner ________________________.

PASSED AND ADOPTED October 13, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
John Broeder, Chairman
Attest:
_____________________________
Amy Augustine, City Planner
City of Angels Cultural Resources Inventory Page - 8

CITY OF ANGELS CITY COUNCIL
Resolution 22-71

ESTABLISHING THE

CITY OF ANGELS REGISTER OF CULTURAL RESOURCES
WHEREAS, the City of Angels’ historical built environment is a priceless legacy from previous generations that is an integral part of the City’s identity and distinctive character; WHEREAS, the City of Angels’ historical built environment is an important part of the City’s tourism economy and character;
WHEREAS, this legacy, to be perpetuated for future generations, requires mechanisms to identify and preserve the historic, visual, and aesthetic character and diversity of Angels Camp by encouraging the protection, enhancement, perpetuation and use of buildings, structures, places, sites, districts or other objects or things that represent past eras, events or persons important in Angels Camp's prehistoric, historic, cultural, social, economic, political and architectural history, or which provide significant examples of architectural styles of the past, or which are unique and irreplaceable assets to the city, or which provide examples of the physical surroundings in which past generations lived;
WHEREAS, Angels Camp General Plan 2020 Implementation Program 8.A.h calls for establishing a Register of Cultural Resources for Angels Camp for the purposes of recognizing properties that are historically and culturally important to the citizens of Angels Camp and as a mechanism to implement preservation incentive programs;
WHEREAS, many of the City’s homes and business buildings are over 50 years of age and need continued good maintenance and rehabilitation which may require the application of the State Historical Building Code;
WHEREAS, use of the State Historical Building Code requires the establishment of a local register of historical properties to qualify for its application;
WHEREAS, the City of Angels Planning Commission adopted Resolution of Intent 22-23 on October 13, 2022; NOW THEREFORE BE IT RESOLVED, that the City of Angels City Council hereby establishes the City of Angels Register of Cultural Resources subject to the following eligibility rules:

Rule 1: A property is eligible for consideration to be listed on the City of Angels Register of Cultural Resources if it is at least 50 years old and meets one of the following criteria:

City of Angels Cultural Resources Inventory Page - 9
K. It exemplifies or reflects significant elements of the City of Angels’ cultural, social, religious, economic, political, engineering or architectural history;
L. It is identified with historical persons or with important events in local, state or national history; M. It embodies distinguished architectural characteristics valuable for a study of a period style or method of construction or is a valuable example of the use of indigenous materials or workmanship; N. It is representative of a notable work of a master builder or architect; O. It is listed on the National Register of Historic Places or is a contributing structure in a district listed on the National Register of Historic Places;
P. It is listed on the California Register of Historical Resources or is a contributing structure in a district listed on the California Register of Historical Resources;
Q. It is currently zoned :H (Historic combining district) under Title 17 of the City of Angels Municipal Code; R. It has been declared eligible for listing on a local, state, or national register of cultural resources pursuant to an inventory conducted by a qualified cultural resources professional pursuant to the standards and criteria established pursuant to the National Register of Historic Places and/or California Register of Historical Resources;
S. It has been evaluated and determined eligible for listing on a local, state, or national register of cultural resources either individually or as a contributor to a district pursuant to the Historic Resources Inventory and Evaluations, Historic Commercial Center, Angels Camp, CA, April 2011 prepared under Community Development Block Grant #08-EDEF-5782 by Foothill Resources, Ltd. and as that inventory may be amended.

T. Properties zoned with the Historic Combining District (:H) designation Rule 2: The owner, or his or her authorized agent, of a qualified property, as defined in Rule 1, may apply for inclusion on the City of Angels Register of Cultural Resources through the City of Angels Community Development Department on a form prescribed by that department and meeting the following requirements:

D. For rehabilitation and/or remodeling projects a description of and proposed timeframe for completing each phase of the rehabilitation or remodeling projects. Exterior elevations of the qualifying structure clearly identifying all proposed changes.

E. For all projects, a description of the proposed maintenance program for the structure; F. A fee to cover the costs of preparing necessary reports and resolutions to add the resource(s) to the register will be established on the City’s Fee Schedule.

Rule 3: Upon receipt of an application to be included on the City of Angels Register of Cultural Resources, the application shall be referred to the City of Angels Planning Commission for a review to determine:

E. Whether the property in question is qualified for inclusion on the City of Angels Register of Cultural Resources;
City of Angels Cultural Resources Inventory Page - 10
F. Whether all or part of the parcel under application shall be included on the register; G. If the request is for a property requiring rehabilitation, then the Commission shall evaluate whether or not the project meets the rehabilitation standards according to the rules of the Office of Historic Preservation of the State Department of Parks and Recreation and in accordance with the Secretary of the Interior’s Rehabilitation Standards or other applicable Secretary of the Interior’s standards; H. If the request is for a property which shall be preserved in its existing good condition, the Commission shall evaluate the maintenance schedule to determine if it is sufficient to maintain the property in its present good condition.

The foregoing resolution was introduced and moved for adoption on October 18, 2022, by Council member ___________________ and duly seconded by Council member ________________________.

PASSED AND ADOPTED October 18, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Alvin Broglio, Mayor
Attest:
_____________________________
Rose Beristianos, City Clerk

PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Utica Hotel City of Angels Register of Cultural Resources Page - 1 DATE: October 18, 2022
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Resolution 22-72 adding the Utica Hotel located at 1270-1276 South Main Street to the City of Angels Register of Cultural Resources.

RECOMMENDATION:

Approve Resolution 22-72, recommending to the City Council adding the Utica Hotel located at 1270-1276 South Main Street to the City of Angels Register of Cultural Resources.

BACKGROUND:

The City of Angels Register of Cultural Resources (City of Angels RCR) is proposed for approval before the City Council on October 18, 2022, and was considered by the Planning Commission pursuant to Resolution 22-23.

The Utica Hotel property owners have requested inclusion as the first entry on the City of Angels RCR. The Planning Commission approved Resolution 2019-24 for extensive renovations to the Utica Hotel, including the addition of a third floor. The applicant recently submitted revised plans for the renovation which now excludes the third floor. Therefore, no significant changes to the façade will occur.

Pursuant to the draft resolution adopting the City of Angels RCR, the Planning Commission shall determine:

Whether the property in question is qualified for inclusion on the City of Angels Register of Cultural Resources;
The Commission shall forward its recommendations to the City Council. The City Council shall consider the recommendations and take action to include or exclude the property for inclusion on the City of Angels RCR. 7C
Utica Hotel City of Angels Register of Cultural Resources Page - 2 Per the draft resolution, qualifications for inclusion in the City of Angels RCR include resources that have:
… been evaluated and determined eligible for listing on a local, state, or national register of cultural resources either individually or as a contributor to a district pursuant to the Historic Resources Inventory and Evaluations, Historic Commercial Center, Angels Camp, CA, April 2011 prepared under Community Development Block Grant #08-EDEF-5782 by Foothill Resources, Ltd. and as that inventory may be amended.

The Utica Hotel was evaluated pursuant to the referenced inventory as Resource #22 and determined eligible for individual listing on the National Register of Historic Places and as a contributor to a National Register district.

Originally named the Bazinett Hotel, the structure was dedicated in May 1937 as a board formed concrete and steel hotel building in the Art Deco style “as one of the largest and most impressive buildings in the Mother Lode.” The Bazinett Hotel was constructed on the former site of several 1850s-1880s buildings which burned in 1931. It was designed and built by O.J. Scherer of Angels Camp with Charles Gulick of Stockton as the structural engineer. It originally contained 30 rooms and one apartment and included hot and cold running water in each room. It was “the grandest building ever erected in Angels Camp, and reputedly supported by gambling.” The significance of the building is associated with the resurgence of hard rock mining in Angels Camp and hosted various movie stars of the era including John Wayne and Van Johnson among others. “It embodies the distinctive characteristics of the Art Deco style of architecture in its type, period, and method of construction and represents a new age in Angels Camp, one in which the automobile and modernism reached ascendancy.”
Based on the preceding, the Planning Commission may find that the Utica Hotel is qualified for and should be added as the first entry on the City of Angels Register of Cultural Resources.

ENVIRONMENTAL FINDINGS
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed resolution is exempt from further review pursuant to Section 15331, Class 31 Historical Resource Restoration/Rehabilitation because the inclusion of the Utica Hotel on the City of Angels Inventory of Cultural Resources will allow it to maintain, repair, stabilize, rehabilitate, restore, preserve, conserve or reconstruct an historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and through the application of the State Historic Building Code.

ATTACHMENT
A. Resolution of Intent 22-24 (Planning Commission)
B. Resolution 22-71 (City Council)
C. Department of Parks and Recreation Form 523 (DPR 523) for the Utica Hotel Utica Hotel City of Angels Register of Cultural Resources Page - 3

CITY OF ANGELS PLANNING COMMISSION
Resolution of Intent No. 22-24

RESOLUTION PASSED AND ADOPTED BY THE

CITY OF ANGELS PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADDING THE

UTICA HOTEL TO THE

CITY OF ANGELS REGISTER OF CULTURAL RESOURCES
WHEREAS, the City of Angels Register of Cultural Resources is proposed to be established on October 18, 2022, by the City of Angels City Council pursuant to Resolution 22-71 as the City’s official local register of cultural resources which reflects significant elements of the City of Angels’ social, cultural, economic, political, architectural or engineering history; and
WHEREAS, the circa 1937 two-story board formed concrete and steel Utica Hotel building in the Art Deco style, formerly known as the Bazinett Hotel, and located at 1270-1276 South Main Street in Angels Camp is an important part of the City architectural, economic, and social history; and WHEREAS, the Utica Hotel has been determined eligible to qualify for the National Register of Historic Places (NRHP), and the City of Angels Register of Cultural Resources at level 3B (appears eligible for the NRHP both individually and as a contributor to a NRHP district through survey evaluation); and WHEREAS, the Utica Hotel retains its integrity on both its interior facade and interior rooms to its 1930s period of significance to a remarkable degree; and
WHEREAS, the City of Angels Planning Commission did, at its October 13, 2022, meeting consider eligibility for inclusion on the City of Angels Register of Cultural Resources; NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Angels recommends to the City Council, the addition of the Utica Hotel to the City of Angels Register of Cultural Resources The foregoing resolution was introduced and moved for adoption on October 13, 2022, by Commissioner ___________________ and duly seconded by Commissioner ________________________.

Utica Hotel City of Angels Register of Cultural Resources Page - 4 PASSED AND ADOPTED October 13, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
John Broeder, Chairman
Attest:
_____________________________
Amy Augustine, City Planner
Utica Hotel City of Angels Register of Cultural Resources Page - 5

CITY OF ANGELS CITY COUNCIL
Resolution No. 22-72

ADDING THE UTICA HOTEL TO THE

CITY OF ANGELS REGISTER OF CULTURAL RESOURCES
WHEREAS, the City of Angels Register of Cultural Resources is proposed to be established on October 18, 2022 by the City of Angels City Council pursuant to Resolution 22-71 as the City’s official local register of cultural resources which reflects significant elements of the City of Angels’ social, cultural, economic, political, architectural or engineering history; and
WHEREAS, the circa 1937 two-story board formed concrete and steel Utica Hotel building in the Art Deco style, formerly known as the Bazinett Hotel, and located at 1270-1276 South Main Street in Angels Camp is an important part of the City architectural, economic, and social history; and WHEREAS, the Utica Hotel has been determined eligible to qualify for the National Register of Historic Places (NRHP), and the City of Angels Register of Cultural Resources at level 3B (appears eligible for the NRHP both individually and as a contributor to a NRHP district through survey evaluation); and WHEREAS, the Utica Hotel retains its integrity on both its interior facade and interior rooms to its 1930s period of significance to a remarkable degree; and
WHEREAS, the City of Angels Planning Commission did, at its October 13, 2022, meeting consider eligibility for inclusion on the City of Angels Register of Cultural Resources; WHEREAS, the City of Angels City Council did, at its October 18, 2022, meeting consider eligibility for inclusion on the City of Angels Register of Cultural Resources;
NOW THEREFORE BE IT RESOLVED, that the City of Angels City Council adds the Utica Hotel to the City of Angels Register of Cultural Resources
The foregoing resolution was introduced and moved for adoption on October 18, 2022, by Council Member ___________________ and duly seconded by Council Member ________________________.

Utica Hotel City of Angels Register of Cultural Resources Page - 6 PASSED AND ADOPTED October 18, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_________________________
Alvin Broglio, Mayor
Attest:
_____________________________
Rose Beristianos, City Clerk
Utica Hotel City of Angels Register of Cultural Resources Page - 7 Attachment C – Utica Hotel DPR 523 from 2011 Inventory

Clean
California
City of Angels
Monument Signs

REVISED LOCATIONS AND NUMBERS
7D
Monument Signs
Wayfinding
original
thoughts
Resulting Proposal for Monument Signs
Revisions
Caltrans requirements
for distance from
traveled way (vertical,
horizontal)
Caltrans requirements
for being on state
ROW
To be eliminated
and relocated
from Vallecito
Road (Mb2)
Traveled way,
Angels Creek Trail,
Floodplain
Instead…to be
relocated to
here and
eliminate….

In “exchange”
design to
include
jumping frogs
In Summary
Monument Signs Locations

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Mayor Alvin Broglio • Vice Mayor Jennifer Davis-Herndon • Council Members Caroline Schirato, Gretel Tiscornia, Isabel Moncada
City Administrator Rebecca Callen • City Attorney Doug White, Churchwell White, LLP DATE October 18, 2022
TO City Council
FROM Chris O’Flinn, Public Works Superintendent
RE APPROVED THE PURCHASE AND INSTALLATION OF IGNITION S.C.A.D.A. SOFTWARE AND APPROVE RESOLUTION 22-73 BUDGET ADJUSTMENT.

RECOMMENDATION
Approve the purchase and installation of Ignition S.C.A.D.A software to replace the outdated Wonderware product currently in use and approve Resolution 22-73 adjusting the Fiscal year 2022-23 Budget.

BACKGROUND
Supervisory Control and Data Acquisition (S.C.A.D.A) is a control interface used by operations staff to monitor processes, change set points, and receive callouts for alarm conditions at the water treatment plant. S.C.A.D.A also records flow and analytical data such as turbidity, chlorine residuals, and pH needed for monthly, quarterly, and annual reporting.

DISCUSSION
On September 16, 2022, the S.C.A.D.A computer hard drive failed at the water plant, severely limiting operational capacity. Staff called A T.E.E.M. Electrical Engineering for help with this situation. Eric Burns from A.T.E.E.M. is the original integrator for the S.C.A.D.A. system at the water plant. Eric could not make the current Wonderware software work with our standby computer due to its incompatibility with operating systems newer than Windows

7. Due to software licensing issues, Eric was able to supply a temporary solution with one of his old computers, but this would only last for a short time. Eric recommended moving forward with the replacement of the Wonderware software with the Ignition software that we currently use at the wastewater plant.

The current S.C.A.D.A software used at the treatment plant is outdated and cannot be used with existing operating systems like Windows 10. This software was scheduled for replacement during the upcoming treatment plant upgrades.

Due to the emergency, the staff is requesting approval to move forward with replacing the Wonderware software with the Ignition Software at the cost of $11,874.00. Staff is also asking A.T.E.E.M. to install and start the new software due to their operational history with the treatment plant, at $9,120.00. The total cost for the entire project would be $20,994.00.
7E

FINANCIAL IMPACT
The budget did not include this as it was being contemplated in the future, a more significant project related to the Water Treatment Plant Improvement Project. The Water Operating Budget will require an increase of $20,994 from the unbudgeted fund equity sitting in the water fund.

ATTACHMENTS
Resolution 22-73 Budget Adjustment

CITY OF ANGELS

CITY COUNCIL
RESOLUTION NO 22-73
RESOLUTION AMENDING THE 2022/23 BUDGET FOR AN EMERGENCY S.C.A.D.A

PROJECT
WHEREAS, the City Council adopted Resolution #22-28, which adopted the budget for the Fiscal Year 2022/2023 and authorized spending totaling $14,875,922; and WHEREAS, the City Staff has recommended Amendments to the Budget to address an emergency SCADA project adjustments for the Fiscal Year 2022/2023; and WHEREAS, the City Council has reviewed these recommendations and wishes to approve these budget adjustments.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Angels approves budget adjustments that will increase the expenditure authorization by $20,994 as follows:

Expenditures
Additional
Revenues
General
Fund Net
Effect
Other
Funds Net
Effect

1. SCADA Project 20,994 0 20,994
20,994 0 20,994
FURTHER BE IT RESOLVED that the City Council of the City of Angels approves a budget amendment of $20,994 increase to the Water Fund, utilizing exiting fund equity not otherwise budgeted..

DULY PASSED AND ADOPTED this 18th day of October 2022 by the following vote:

Ayes:

Noes:

Absent:

Abstain:
_______________________
Alvin Broglio
Mayor
ATTEST:
______________________
Rose Beristianos
City Clerk
City of Angels Camp
Budget Adjustment Request
Department: 8001‐ Water O&M Date: 10/18/2022
Account Number Account Description
Previous Budget
Balance
Change Request
Amount: Expense
Inc/(Dec), Revenue
(Inc)/Dec
New Budget Balance

DB/(CR)
350‐8001‐52096‐0000 Capital Project $                                 ‐ $               20,994.00 $                  20,994.00 $                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
$                               ‐
Total* $                                 ‐                 20,994.00 $                  20,994.00 Justification:

Authorizations:

Department Manager Date:

Fiscal Manager: Date:

Administrator:** Date:

Entered into System by: Date:
********************* *********************************** *************** ***************** ***************** *Total must be zero unless additional budget authorization given by Council. **Administrator must approve all budget adjustments not authorized by Council.

Amend budget to increase Capital Projects in the Water O&M fund using fund equity for SCADA project

RECOMMENDATION
Rescind Resolution 12-05 as recommended by the Destination Angels Camp Board on August 25, 2022.

BACKGROUND
Resolution 12-05 was approved in 2012 as a recognition that Destination Angels Camp would serve as the Economic Development Corporation for Angels Camp. Destination Angels Camp was formed as a 501c4, which is a Social Welfare Organization.

DISCUSSION
At that time, the primary focus of Destination Angels Camp was economic development, as it pertained to business retention and recruitment activities and programs in Angels Camp. The basis for qualifying for a 501c4 exemption status is very limited as it is specifically for Social Welfare Organizations.

The City of Angels, as a municipality must be extremely careful when any governmental burdens are deferred. Creating the “Public-Private Partnership” was the rationale and justification of the 501c4 exemption.

Per the 2017-2022 Strategic Plan for Destination Angels Camp Development Corporation their mission is “to create a vibrant business environmentshowcasing Angels Camp'sstrengths and uniqueness, cultivate social and educational opportunities and improve upon the tourism infrastructure year-round for residents, businesses and visitors through economic and destination development”.

The City of Angels is supportive of this mission, just as it is with the Calaveras Visitors Bureau’s mission that states “to serve our members and community by supporting sustainable economic growth through the promotion of tourism in Calaveras County”, and the Chamber of Commerce’s mission of “promote and actively achieve Calaveras County economic prosperity and community sustainability”.

Continued collaboration with Destination Angels Camp is supported by finding projects, specific to the residents and businesses within the City of Angels. The City can engage with Destination Angels Camp 7F

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
with a proposed scope of work initiated by the City or Destination Angels Camp could bring forth a project they find would be beneficial to our businesses and residents with a scope of work and associated price structure. With that, City Council can discuss and approve any such agreement for service.

FINANCIAL IMPACT
None.

ATTACHMENTS
Resolution 12-05
IRS Exemptions

G. ECONOMIC DEVELOPMENT CORPORATIONS
Charity Through the Back Door
by
Robert Louthian and Marvin Friedlander

1. Introduction
Where an organization benefits a charitable class of individuals directly, the charitable purpose intended to be accomplished is clear. If the direct beneficiaries of an organization do not represent a charitable class, such as the "poor and distressed" or "underprivileged," exemption is not necessarily precluded but, instead, will be dependent on whether the activity furthers charitable purposes.

Assistance to for-profit businesses located in depressed areas may accomplish charitable goals such as the relief of community deterioration and the relief of the poor and distressed (through increased employment opportunities) even though the businesses are not proper charitable objects. Thus, an organization may justify exemption on the basis that its charitable purposes may be accomplished either through direct assistance to members of a charitable class or by accomplishing charitable ends through the use of individuals who are not themselves members of a charitable class.

Certain organizations which ultimately accomplish exempt purposes through the provision of assistance to for-profit businesses are collectively referred to as "economic development corporations" and include "incubators," and "Small Business Investment Corporations" (SBICs), and also "Section 301(d) Licensees" (a.k.a. "Minority Enterprise Small Business Investment Companies" and "MESBICs") which is a specialized form of an SBIC. While the incubator is not a statutory entity, SBICs and section 301(d) licensees are creatures of the Small Business Investment Act which is administered by the Small Business Administration (SBA).

Within the various types of exempt organizations described in IRC 501(c), the most likely under which economic development corporations seek tax-exempt status is as a charity under IRC 501(c)(3). Therefore, this is the article's primary focus. However, we encounter economic development corporations under IRC 501(c)(4), social welfare organizations, and IRC 501(c)(6), business leagues. One may also see an IRC 501(c)(12) cooperative utility organize an industrial park, but such events are rare.

2. Economic Development Corporations
Economic development corporations generally are established to assist existing and new businesses located in a particular geographic area through a variety of activities including grants, loans, provision of information and expertise, or creation of industrial parks. Incubators are a type of economic development corporation generally formed to provide assistance to induce new businesses to locate in communities whose economies are depressed or deteriorating, or to provide assistance to existing, emerging businesses so that they may remain in such communities. Incubators provide low-interest loans, facilities and equipment to new and emerging businesses as well as clerical and technical services in an effort to encourage such businesses to locate in the depressed areas. The services provided to the new businesses are offered by the incubator at reduced rates or even free of charge. Incubators may be set-up and/or sponsored by local and state governments, they may be affiliated with universities, or they may be an offshoot of an existing tax-exempt organization. In many cases, incubator organizations operate a "technology center" where businesses can be assisted (nurtured) through provision of business expertise, lower rental rates or pooled or shared services.

3. Exemption under IRC 501(c)(3)
In applying for exempt status, most economic development corporations would prefer the favored status of IRC 501(c)(3) exemption. To be recognized as exempt under 501(c)(3), the organization must demonstrate that it is both organized and operated exclusively for charitable purposes. Recall that Regs.

1.501(c)(3)-1(d)(2) provides that the term "charitable," as used in 501(c)(3), includes the relief of the poor and distressed, lessening the burdens of government, and the promotion of social welfare by organizations designed to lessen neighborhood tensions, eliminate prejudice and discrimination or combat community deterioration and juvenile delinquency. Perhaps an economic development corporation will claim that its activities accomplish all of these purposes. The specialist, however, should attempt to focus on the particular basis (or bases) upon which exemption may be recognized or retained and ascertain, using a facts and circumstances approach, whether the activities are likely to accomplish exempt purposes.

The theory behind recognizing economic development corporations as exempt under IRC 501(c)(3) is that although services are provided directly to forprofit businesses, the ultimate good received by the general public outweighs the private benefit accorded to the direct beneficiaries. In light of this, the most important factual determination for the specialist to make is whether the activities of the incubator serve a public rather than a private interest consistent with Regs.

1.501(c)(3)-1(d)(1)(ii). In applying the facts and circumstances test, the Service has provided some guidance in the form of three revenue rulings.

Rev. Rul. 74-587, 1974-2 C.B. 162, held that an organization that devoted its resources to programs to stimulate economic development in economically depressed, high-density, urban areas, inhabited mainly by low-income minority or other disadvantaged groups, qualified for exemption under IRC 501(c)(3). The organization made loans and purchased equity interests in businesses unable to obtain funds from conventional sources because of financial risks associated with their location and/or because of being owned by members of a minority or other disadvantaged group. The organization established that its investments were not undertaken for profit or gain, but to advance its charitable goals. Funds for its program were obtained from foundation grants and public contributions.

Rev. Rul. 76-419, 1976-2 C.B. 146, held that a nonprofit organization that purchased blighted land in an economically depressed community, converted the land into an industrial park, and induced industrial enterprises to locate new facilities in the park through favorable lease terms that required employment and training opportunities for unemployed and underemployed residents of the area, is operated exclusively for charitable purposes and is exempt under IRC 501(c)(3).

The rationale for exemption in these rulings includes relieving poverty and lessening neighborhood tensions caused by the lack of jobs in the area; combatting community deterioration by establishing new businesses, rehabilitating existing ones, and eliminating conditions of blight; and lessening prejudice and discrimination against minorities.

Rev. Rul. 77-111, 1977-1 C.B. 144, held that two organizations formed to promote economic development in deteriorated areas did not qualify for exemption under IRC 501(c)(3).

In Situation 1, the organization's purpose is to increase business patronage in a deteriorated area mainly inhabited by minority groups. It accomplishes this purpose by presenting television and radio advertisements describing the advantages of shopping in the area; by creating a speakers bureau composed of local businessmen who discuss the shopping environment with various groups; by operating a telephone service providing information to prospective shoppers on transportation and accommodations in the area; and by informing the news media on the area's problems and potential.

In Situation 2, the organization's purpose is to revive retail sales in an area suffering from continued economic decline. The organization proposes to limit further decline of retail sales within the area caused by competing, outlying shopping centers by constructing a center that would complement the area's existing retail features. The organization purchased the land for the construction of a retail center that will include a department store and a shopping mall. The land purchased by the organization was sold to the city at no economic benefit to the organization. Additional land for the project was acquired by the city through its use of eminent domain. The city rents all the land to the organization and to a private developer who actually will construct and lease out the project. The city requires that minorities be utilized in both the construction and operation of the project and stores located within the project are required to employ a certain percentage of minority group employees.

The revenue ruling holds that although the organizations' activities might contribute to achieving 501(c)(3) purposes, their overall thrust was to promote business as an end in itself rather than to accomplish exclusively exempt purposes.

Rev. Rul. 77-111 distinguishes itself from Rev. Rul. 74-587 by stating that unlike the organization in Rev. Rul. 74-587, the organizations in Situations 1 and 2 do not limit their assistance to businesses located in a deteriorated area that could not obtain conventional financing. The organization described in Situation 1 does not limit its activities to businesses similar to those assisted in Rev. Rul. 74-587, but also to businesses which are not owned by minority groups and which are not experiencing difficulty because of their location in a depressed area.

The activities of the organization in Situation 2 result in major benefits accruing to the stores that will locate within the shopping center. It does not limit its aid to businesses that are owned by members of a minority group or to businesses that would only locate within the area because of the existence of the center. The end result is that the organization's activities are directed to benefit the businesses in the shopping center rather than exclusively to accomplish 501(c)(3) purposes.

In analyzing the revenue rulings, the following factors are necessary to conclude that an economic development corporation is primarily accomplishing charitable purposes despite the element of private benefit present. Assistance is targeted (1) to aid an economically depressed or blighted area; (2) to benefit a disadvantaged group, such as minorities, the unemployed or underemployed; and (3) to aid businesses that have actually experienced difficulty in obtaining conventional financing (a) because of the deteriorated nature of the area in which they were or would be located or (b) because of their minority composition, or to aid businesses that would locate or remain in the economically depressed or blighted area and provide jobs and training to the unemployed or underemployed from such area only if the economic development corporation's assistance was available.

In the two situations described in Rev. Rul. 77-111, there was no targeting of benefits for businesses that were actually disadvantaged because of their minorityowned composition or location. There was also no targeting of benefits for businesses that would only locate or remain in an economically depressed or blighted area and provide jobs to unemployed area residents on account of the organization's activities. Merely targeting assistance to an economically depressed area is not sufficient to overcome the private benefit derived by non-charitable business beneficiaries intended to serve as instruments to accomplish charitable purposes.

In developing economic development corporation cases under IRC 501(c)(3), the emphasis should be in having the organization provide information that shows the targeted area in which it will operate as one which is economically depressed. Federal, state or local designations of an area as depressed, or studies (including maps) are helpful. The organization also should be able to show its specific criteria used in determining whether businesses are eligible for its assistance and how such criteria relate to furthering public rather than private interests.

4. Small Business Administration Organizations
Applications are often received from organizations whose sole purpose is to administer various programs regulated by the SBA. Under the Small Business Investment Act (the Act), the SBA is authorized to license SBICs that will provide capital and long-term loans to small businesses and, in some instances, provide management and technical assistance and advice on a free basis. In order to be licensed by the SBA under the original Act, thereby qualifying for various tax and other advantages, investment companies had to be incorporated as for-profit corporations, have a private paid-in capital and paid-in surplus of not less than $150,000 (so as to insure that they will be operated soundly and profitably), and submit copies of their Articles of Incorporation and financial and other statements for SBA consideration and approval. After an investment company is licensed, the SBA requires it to keep extensive financial records relative to all phases of its operations; these records are reviewed in accordance with the SBA's audit and examination procedures. Under the Act, the SBA is authorized to revoke or suspend a license for violation of the Act or for violation of the SBA rules and regulations promulgated under authority of the Act.

Loans made by the SBIC are generally long-term (a minimum of five years except for special provisions relative to the so-called Special Discretionary Portfolio) and must be made to businesses that qualify as small business concerns under criteria established by the SBA. Without prior SBA approval, the total funds loaned to or invested in equity securities of a particular small business may not exceed 20 percent of the paid in capital and surplus of the SBIC. An investment company is allowed to charge as its maximum rate for interest and related charges the lesser of the maximum allowable rate prescribed by applicable State and local law or 15 percent. No minimum rate is specifically set out in either the Act or the SBA regulations. The SBIC and the small business negotiate the specific terms and conditions under which the investment company will provide assistance to the small business. These terms, however, must conform to SBA regulations, and it is expected that the investment company will secure SBA approval of any transaction that is doubtful under the regulations.

As discussed in G.C.M. 38401 (June 5, 1980), the Service would be concerned with exemption for profit-seeking SBICs because transactions had to be entered with significant attention paid to profits rather than on the basis of their potential for best achieving the organization's charitable goals.

Section 301(d) licensees originally arose as a specialized administrative application of this SBA program to minority owned and managed small business enterprises. A section 301(d) licensee, like any other SBIC licensed under the Act, was originally required to be incorporated as a for-profit corporation. By Public Law 92-595, 86 Stat. 1314 (1972), Congress amended the Act to permit the incorporation and operation of section 301(d) licensees on a nonprofit basis.

Before the 1972 amendment, a section 301(d) licensee was termed a "Minority Enterprise Small Business Investment Company" or "MESBIC." Rev. Rul. 81-284, 1981-2 C.B. 130, holds that a nonprofit section 301(d) licensee which was formed to relieve poverty, eliminate prejudice and discrimination, reduce neighborhood tensions, and combat community deterioration, and that provides low-cost or long-term loans to businesses not able to obtain funds from conventional commercial sources, with preference given to businesses that provide training and employment opportunities for the unemployed or the underemployed residents of economically depressed areas, may qualify for exemption under IRC 501(c)(3). The ruling states that unlike the organization described in Rev. Rul. 74-587, a nonprofit section 301(d) licensee is required to comply with certain regulations promulgated by the SBA. The SBA regulations permit a section 301(d) licensee to determine the terms of each loan made, including the rate of interest, according to the circumstances of each situation.

Also, the SBA regulations do not require that a section 301(d) licensee operate at a profit. However, the SBA regulations do require that the interest rates charged by a section 301(d) licensee must be sufficient, in the aggregate, to recover the cost to the organization of acquiring its loan funds. Further, the SBA regulations impose various considerations that will restrict the degree of financial support that may be offered to a prospective recipient. These considerations relate to the type of business to be aided by the loan, the extent to which the recipient can provide security, and the relationship between the section 301(d) licensee and the recipient.

The principal difference between a section 301(d) licensee and the organization described in Rev. Rul. 74-587 is the presence of the limitations imposed by the SBA regulations. A section 301(d) licensee may be prevented by the SBA regulations from engaging in certain loan transactions which it might otherwise wish to engage in to further its exempt purposes. In contrast, the organization described in Rev. Rul. 74-587 is free to engage in transactions without regard to the limitations imposed by the SBA regulations. Nonetheless, the SBA regulations do not foreclose all opportunities for a section 301(d) licensee to achieve charitable purposes, nor do they compel it to enter into transactions that do not further a charitable purpose. Although a narrower range of permissible transactions is available than to the organization described in Rev. Rul. 74-587, a section 301(d) licensee may still provide loans to businesses that cannot secure financing through conventional commercial sources, the operation of which businesses will achieve charitable purposes in the manner described in Rev. Rul. 74-587.

Rev. Rul. 81-284 is not intended to imply that all section 301(d) licensees qualify for exemption under IRC 501(c)(3). The mere fact that an organization is incorporated or operated on a nonprofit basis does not qualify it for exemption under 501(c)(3). Additionally, under section 301(d) of the Act and the regulations thereunder, an organization may be properly classified as a section 301(d) licensee even though it is not organized or operated exclusively for charitable purposes.

Whether a section 301(d) licensee qualifies for exemption under 501(c)(3) depends upon the facts and circumstances of each case.

5. Lessening the Burdens of Government
As noted earlier, Regs. 1.501(c)(3)-1(d)(2) provides that the term "charitable" includes lessening the burdens of government. Rev. Ruls. 85-1 and 85- 2, 1985-1 C.B. 177, 178, provide examples of organizations that qualify as exempt under IRC 501(c)(3) on the basis that they lessen the burdens of government.

The determination of whether an organization is lessening the burdens of government requires consideration of whether its activities are considered by a governmental unit to be a burden of that governmental unit, and whether such activities actually lessen such burden. To determine whether an activity is a burden of government the question to be answered is whether there is an objective manifestation by the government that it considers such activity to be part of its burden. The interrelationship between the organization and the government may provide evidence that the government considers the organization's activities to be its burden. The fact that the government expresses approval of the activity of an organization is not sufficient to establish that the organization is lessening the burdens of government.

Extreme caution should be exercised before employing a lessening the burdens rationale for an economic development corporation. An economic development corporation qualifies under lessening the burdens of government based on a preponderance facts. Look for specific identification of the organization by the local or state government as well as significant involvement by the governmental authority.

The following specific factors represent an example favoring a lessening of governmental burdens rationale for an economic development corporation. (1) There is a state statute specifically authorizing government funding of an economic development corporation to operate by assisting fledgling businesses within the state as a means to help alleviate severe unemployment. (2) The economic development corporation was established to specifically qualify under the statute and was funded under the statute. (3) The state statute provides that the funding is more than a mere grant but provides the state with approval authority over projects to be financed by the corporation and approval must be obtained from the state on an ongoing basis.
(4) As part of its assistance, the economic development corporation operates in conjunction with a state university.
(5) The specific cities which will be the corporation's primary beneficiaries provide officials who sit on the corporation's board of directors in their official capacity.
(6) The commissioner of the state's Department of Economic Development utilizes the corporation as an extension to carry out services formally conducted by the Department. The Department was unable to continue such services because of budgetary constraints and is not otherwise prohibited from providing such services.
(7) The corporation is required to provide annual reports of its activities and finances to the state government.

6. Exemption under IRC 501(c)(4)
There exists among some a general belief that IRC 501(c)(4) is automatically available for failed IRC 501(c)(3) organizations. That was neither the intendment of such section nor the manner in which it should be enforced.

IRC 501(c)(4) provides for exemption from federal income tax of organizations not organized for profit but operated exclusively for the promotion of social welfare. Regs. 1.501(c)(4)-1(a)(2)(i) provides that an organization is operated exclusively for the promotion of social welfare if it is primarily engaged in promoting in some way the common good and general welfare of the people of the community, such as by bringing about civic betterments and social improvements.

There are two revenue rulings in which economic development corporations were found to be exempt under IRC 501(c)(4). Rev. Rul. 64-187, 1964-1 C.B. 187 (Part 1), holds that a nonprofit corporation organized to provide funds through loans, to be used to purchase or develop land and facilities for industrial and commercial usage to alleviate unemployment in areas classified as "redevelopment areas" under the Area Redevelopment Act (Public Law 87-27), qualifies for exemption under IRC 501(c)(4).

Rev. Rul. 67-294, 1967-2 C.B. 193, holds that a nonprofit organization created to make loans to business entities as an inducement to locate in an economically depressed area may qualify for exemption under IRC 501(c)(4). It was concluded that by encouraging industry to settle in an economically depressed area, the organization is helping alleviate unemployment and is being operated to bring about civic betterment and social improvement.

While both of the above two organizations certainly qualify for exemption under IRC 501(c)(4), the questions left unanswered by these revenue rulings are whether the two organizations would also have qualified for exemption under 501(c)(3) and, if not, why. Operationally, it may be that the economic development corporation's criteria in selecting businesses for which it will provide assistance is too broad so it more resembles the facts in Rev. Rul. 77-111. But, it would seem that the very reason that such organization was denied exemption under IRC 501(c)(3) could also deny such organization 501(c)(4) status. For example, if the primary reason an economic development corporation is disqualified under 501(c)(3) is that its activities serve the private interests of businesses to more than an insubstantial degree, this factor may also result in disqualification under IRC 501(c)(4). IRC 501(c)(4) requires that an organization described therein be operated primarily for social welfare purposes (e.g. promoting the common good and general welfare of the community). The fact that private interests are served to a substantial degree could defeat exemption under 501(c)(4).

This article does not purport to state unequivocally that an organization which fails the operational test of the regulations underlying IRC 501(c)(3) will never qualify for exemption under 501(c)(4); however, failure to meet the requirements of the public benefit standard of IRC 501(c)(3) should raise questions about whether it can satisfy the community benefit standard of 501(c)(4). An examination of the specific activities and whether they are controlled to any significant degree by those to be benefited would be reasonable lines of inquiry.

If a case is under consideration in which an economic development corporation's exemption is under IRC 501(c)(4), it may also be wise to see whether the organization considered exemption under IRC 501(c)(3).

7. Exemption under IRC 501(c)(6)
Business leagues and chambers of commerce are often sponsors of economic development corporations. In general, a chamber of commerce is an organization which is dedicated toward improving the general business conditions of the community.

IRC 501(c)(6) provides for the exemption from federal income tax for business leagues and chambers of commerce not organized for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual. Regs. 1.501(c)(6)-1 provides that a business league or chamber of commerce is an association of persons having some common business interest, the purpose of which is to promote such common interest and not to engage in a regular business of a kind ordinarily carried on for profit. Thus, its activities should be directed toward the improvement of business conditions in one or more lines of business as distinguished from the performance of particular services for individual persons.

In Rev. Rul. 70-81, 1970-1 C.B. 131, the ruling holds that the exempt status of a chamber of commerce is not adversely affected by the development of an industrial park in order to attract new industry to the area. Sites are offered to businesses at low prices, sometimes less than cost, to induce them to locate in the community.

Rev. Rul. 81-138, 1981-1 C.B. 358, involves an exempt organization that was created by a chamber of commerce to encourage business development in a particular area. The organization obtained a mortgage to help finance the construction of a building that is leased to an industrial tenant at less than fair rental value. The ruling hold that these activities are substantially related to the chamber's exempt purpose.

The rationale for these rulings is that the exempt purpose of improving the general business conditions of a community can be accomplished by attracting new industry to the community. Moreover, the manner in which the activities were conducted demonstrated that they were not business enterprises of the kind ordinarily carried on for profit.

Economic development is seldom the sole activity of an IRC 501(c)(6) organization. Instead, economic development is often one of many activities. The above revenue rulings make it clear that the formation and operation of an economic development corporation may be in furtherance of 501(c)(6) purposes.

Care should be undertaken, however, to ensure that the business league or chamber of commerce does not use the economic development corporation to provide services to its members since this would constitute the performance of particular services prohibited by Regs. 1.501(c)(6)-1.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: October 18, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: DISCUSSION AND APPROVAL OF THE OFFICER IN TRAINING LIMITEDTERM/TEMPORARY POSITION AND APPROVE A SALARY AND CLASSIFICATION

RECOMMENDATION
Discuss the need for a Police Officer in Training Position (Unrepresented), corresponding salary, and authorize the City Administrator to execute employment contracts for the temporary positions.

BACKGROUND
The City of Angels Police Department continues to struggle to recruit for the Police Officer position currently vacant. This is after including incentive pay as a recruiting tool. The Police Chief and City Administrator have identified a program that has been successful here and other agencies that will allow the City to invest in building Police staff with a recruitment program for individuals that do not currently have their POST certification.

DISCUSSION
The City currently has a vacant Police Officer position and has actively been recruiting. While there have been some applications, the applicants have either not passed all the requirements for appointment or decided after going through the process not to accept the position due to housing issues. This has caused a significant amount of staff time and costs that still leave us with a vacant position.

Staff is recommending creating two (2) fully benefited temporary positions that would be contracted for a 10-month period for training and POST academy attendance. If approved by Council, recruitment for the Police Officer in Training would be created and open to any potential applicant who meets the position's requirements. Interviews would occur, and those selected would go through the necessary background and psych evaluations. Successful passage would allow them to participate in the next POST Academy in March.

The employment contract would be effective upon accepting an offer of temporary employment. Should that date be prior to March 2023, the employee would do non-sworn functions within the Police Department until the academy starts. Upon graduation, the employee would be offered any permanent 7G

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
Police Officer position available at that time. Should both graduate, the one not offered the position would be put on as a Reserve Officer until such time that a permanent position opened up.

The contract for employment would be drafted in coordination with legal for a limited term, hourly rate of $24.40, and benefits listed in the job classification. Uniforms will be at the expense of the City for nonsworn uniform requirements.

FINANCIAL IMPACT
Cost for the POST Academy for two is approximately $14,000 plus equipment.

The cost for each temporary position is $40,000 (salary for 10 months) + $10,000 (benefits) for an estimate of $100,000 in Salaries and Benefits. Savings from the currently open position is $68,500.

The total additional budget impact for a 10-month contract for each position to the Police Department Budget is $45,500.

ATTACHMENTS
Officer in Training Position with posted Hourly Rate
Budget Adjustment
Resolution 22-74

POLICE OFFICER TRAINEE
$24.40 / Hourly
Fully Benefited

DEFINITION
The Police Officer Trainee is a non-s worn, full-time,
benefited pos ition within the police department. The
incumbent in this pos ition is preparing for, or currently participating in, a full-time California Bas ic Police Academy authorized and certified under the guidelines of the California Peace Officers Standards and Training (P.O.S.T.).

SUPERVISION RECEIVED AND EXERCISED
A Field Training Officer (FTO) from the Angels Camp Police Department’s field training s taff s upervis es this pos ition with general s upervis ion provided by the Chief of Police.

The Police Officer Trainee may be as s igned to work for any divis ion within the department before or after attending the police academy, or during extended breaks from the academy, and during the time period between completing the Academy curriculum and being officially s worn-in as a regular full-time police officer with the City of Angels Camp, s hould incumbent be s ucces s fully complete the application proces s for a full-time police officer pos ition

DISTINGUISHING CHARACTERISTICS
This is an entry-level clas s ification des igned to allow for the as s es sment, hiring, and training of s uitable candidates for the pos ition of Police Officer. The Police Officer Trainee is expected to prepare for, attend, and s ucces s fully pas s – at all s tages – a P.O.S.T. certified Bas ic Police Academy program s elected by the Department. This is a non-repres ented pos ition. Incumbent mus t make s atis factory progres s before, during, and after the Bas ic Police Academy. Duties and res pons ibilities are to be performed in accordance with municipal codes , ordinances , City policy, and related regulating entities . Upon s ucces s ful completion of the Bas ic Police Academy program, the incumbent may be eligible for appointment to the Police Officer I pos ition, provided the incumbent meets the qualifications for that pos ition If appointed, the incumbent would s erve a 12-month probationary period.

ESSENTIAL DUTIES AND RESPONSIBILITIES
• Attain and maintain the ability to s ucces s fully enter and complete a POST certified California police academy.
• Attend clas s room activities , s cenarios , phys ical training and other as s igned duties , tas ks and as s ignments in the Police Academy.
• Complete all graded work with a s atis factory s core. • Maintain honor, demeanor and s elf-control to the s atis faction of the Recruit Training Officer (RTO) and as s igned Angels Camp FTO
• Maintain a moral, ethical, and legal s tandard commens urate with the Law Enforcement Code of Ethics .
• Succes s fully pas s the pres cribed and required firearms training cours e. • Follow ins tructions and directions of as s igned s upervis ors , complete tasks correctly and in a timely manner.
• Direct traffic, including regulation of traffic flow at times of emergency or conges tion.
• Prepare reports.
• Give information and directions to the general public. • As s is t in as s igned projects s uch as licens ing of bus ines s , building maintenance, is s uance of permits and other tas ks as as s igned.
• Cooperate with other law enforcement agencies .
• Confer with s upervis or on progres s and problems concerning as s igned duties and tasks.
• Other duties appropriate for the non-s worn pos ition.

ABILITY TO:
• Demons trate an ability to learn and implement police procedures and methods . • Analyze s ituations accurately and adopt effective cours es of action; ability to obs erve, as s imilate, remember, record, and recall pertinent facts and details . • Learn laws of arres t and pertinent local, s tate, and federal laws . • Learn criminal inves tigations techniques and procedures . • Learn the s afe us e and care of firearms .
• Exercis e res traint and good judgment in a variety of emergency s ituations . • Unders tand and carry out oral and written directions . • Prepare accurate cas e reports ; write clearly, accurately, concis ely, legibly and in correct grammatical s tructure and with correct s yntax. • Us e a computer and various s oftware applications .
• Meet es tablis hed s tandards of phys ical endurance, agility, health, and vis ion. • Es tablis h and maintain cooperative relations hips with thos e contacted in the course of work
BENEFITS:
• CalPERS retirement equal to the PEPRA requirements s hall participate in PERS 2% at 62. Employee s hall contribute ½ of the normal cos ts of the benefit. • Health Benefits with a City Contribution as follows :
o 100% for employee only for the lowes t premium PERS Plan o Plus 50% of the additional monthly premium for any additional dependents / s pous e for the lowes t premium PERS plan • Dental Benefits is 100% for employee only, plus 60% of any additional cos t for dependent/spouse
• Vis ion is 100% for employee only, plus 60% of any additional cos t for dependent/spouse
• Group term life ins urance

EXPERIENCE
Although no law enforcement or public s afety experience is neces s ary for this entrylevel pos ition, the candidate mus t demons trate the life-experience and common s ens e neces s ary to achieve a s atis factory s core from as s ess ors on the initial interview panel.

MINIMUM QUALIFICATIONS
AGE:
21 years of age at time of appointment as a Police Officer.

CITIZENSHIP:

Purs uant to California Government Code 1031 (a): Mus t be a citizen of the United States or a permanent res ident alien who is eligible for and has applied for citizens hip.

Proof of citizens hip requirement is copy of an official United States is s ued birth certificate or official United States naturalization documentation.

EDUCATION:

Be a high s chool graduate from a United States public s chool, an accredited United States Department of Defens e high s chool or an accredited or approved public or nonpublic high s chool.

Or pas s the General Education Development Tes t indicating high s chool graduation level.

Or pas s the California High School Proficiency Examination.

Proof of education is a copy of one of the following: A high s chool diploma, a college degree, a high s chool trans cript, a college trans cript or, if applicable, GED or Proficiency Exam certificates .

DRIVERS LICENSE:

Pos s es s ion of a valid California Driver's licens e – to be maintained as a condition of continued employment. Current copy mus t be provided.

PHYSICAL REQUIREMENTS
Maintain phys ical ability and s tamina to meet police and s afety s tandards including:

Ability to drive vehicles , make valid identifications , us e firearms, write reports ; and, convers e on the radio, telephone, and in pers on over incident nois e, to be alert to s ituations of danger; and, bodily mobility to make rapid trans itions from rest to near maximal exertion without warm-up periods , stamina and endurance neces s ary in the apprehens ion of s us pects , ability to write, to utilize s afety gear, and drive vehicles ; and, mus t be able to lift equipment as neces s ary.

City of Angels Camp
Budget Adjustment Request
Department: 6100 - Police Date: 10/18/2022
Account Number Account Description
Previous Budget
Balance
Change Request
Amount: Expense
Inc/(Dec), Revenue
(Inc)/Dec
New Budget Balance

DB/(CR)
010-6100-50000-0000 Salaries $ 761,234.00 $ 45,500.00 $ 806,734.00 $ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
Total* $ 761,234.00 45,500.00 $ 806,734.00
Justification:

Authorizations:

Department Manager Date:

Fiscal Manager: Date:

Administrator:** Date:

Amend budget to increase Salaries for the Officer in Training temporary positions.

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 22-74

A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL APPROVING THE TEMPORARY POSITIONS OF OFFICER IN TRAINING, ADJUST THE FISCAL YEAR 2022- 23 BUDGET, AND AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTE LIMITED

TERM EMPLOYMENT AGREEMENTS FOR STAFFING OF THE POSITIONS WHEREAS, the Police Department continues to struggle recruiting for vacant Police Officer positions; and
WHEREAS, other agencies have been successful in recruitment programs that offer POST Academy and in field training of non-sworn staff to grow new Officers; and WHEREAS, the Police budget will have significant savings from a vacancy to pay for a portion of this program; and
WHEREAS, an additional budget adjustment for the costs of this program would warrant an adjustment of the fiscal year 2022-23 budget in the amount of $45,500; and WHEREAS, two positions would allow for succession should another vacancy occur in the next year; and
WHEREAS the second position would be able to serve as a Reserve Officer until such time as another position occurs;
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council does hereby approve the increase of the budget by $45,500, approve the Officer in Training temporary positions, and authorize the City Administrator to execute employment contract based on the position, salary, and benefits listed in the approved classification.

Expenditures
Additional
Revenues
General
Fund Net
Effect
Other Funds
Net Effect

1. Police Training Program 45,500 45,500
45,500 45,500
PASSED AND ADOPTED this 18th day of October 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Alvin Broglio Mayor
_______________________
Rose Beristianos, City Clerk

C IT Y H ALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog · Angelscamp.gov
MEETING DATE: October 18, 2022
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: November, December 2022

BACKGROUND
Last year with the holiday season Council agreed to only having one meeting in December.

DISCUSSION
Staff is providing calendars for November and December to review and decide if Council wants to include the Strategic Planning Discussion at a regular meeting or hold a special meeting, also to determine if Council wants to hold the two December meetings or cancel one being so close to the holidays

FISCAL IMPACT
No fiscal impact

ATTACHMENTS

1. November and December 2022 Council Calendar
7 H
Council Calendar 2022
October 2022 - November 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 30 31 November 1 2 3 4 5
Council Meeting COG Museum Foundation
6 7 8 9 10 11 12
Planning Commission
13 14 15 16 17 18 19
Council Meeting IRWMA Central Sierra Econ Dev
SWTF
20 21 22 23 24 25 26

LAFCO UWPA
Exported on October 13, 2022 2:10:58 PM PDT Page 1 of
2 Holiday Veterans Day
Holiday Thanksgiving
November 2022 - December 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 27 28 29 30 December 1 2 3
Museum Foundation
4 5 6 7 8 9 10
Council Meeting COG Planning Commission Christmas Parade 11 12 13 14 15 16 17
SWTF
18 19 20 21 22 23 24
Council Meeting IRWMA
25 26 27 28 29 30 31
UWPA
Exported on October 13, 2022 2:10:58 PM PDT Page 2 of
2 Holiday
Holiday

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: October 11, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE WEEK OF SEPTEMBER 26, 2022

RECOMMENDATION
No action is required.

DISCUSSION
The Council needs to see and the public to be aware of the work done daily by hardworking staff. The Council will get these weekly reports as there are updates to give.

Administration Update
I met with Community Foundation and the Angels Cap Community Club to discuss the grant for the playground. I will develop a funding agreement with a timeline to ensure the funds are not lost due to delays. I met with HDL for a kickoff for the Shop Local program. I am developing the initial list of businesses that meet the program requirements from our Business License database. I had a demo for software to address work orders, GIS (and rest services), online building permits, online business licenses, and online code compliance. I will be setting up additional demos with staff. I attended Candidate’s night to market the City survey. I had a meeting with the Utica Hotel project. I had a meeting to discuss Greenhouse Gas and am working to identify changes in data and methods to meet goals. I have been working with CSG on some building code changes that will be needed to comply with state law and ensure that permits are making progress. The City survey has received 167 public responses. I helped prepare the call for projects to be submitted to Council for next week. I worked with the police Chief on an idea to help with getting new staff in PD.

Fire Update
9/25-10/1/22 Major Dispatch's (1) structure fire Multiple basic calls for service. Meetings OES Chiefs Staff Fire Chief off for Medical Procedure 9/28-10/1 Chief at home as of 9/30 resting, update 10/1, Chief doing well appears procedure successful. Updates have been given to Rose daily. 10A

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Police Update
9/23/22 - 9/29/22 94 Calls For Service (2) Misdemeanor Warrant Arrests Items of Note: - Chief attended Undersheriff Macedo's retirement luncheon - Kickoff meetings for DOJ STOP/RIPA data collection additions - Police Department still short two police officer positions Engineering Update
Worked on developing the call for projects.

Public Works Update
Staff continued with vegetation management and park maintenance, including mowing around the flagpole at the Police Department and mowing and irrigation repair at Cliffton Island. Staff had numerous water system repairs this week, including four broken meter changes and two water service line repairs. Staff also did road patching on Live Oak Drive. Staff completed quarterly grease trap inspections and replaced the front brakes on the water utility truck. Staff completed two days of leak detection and line location training with the California Rural Water Association. Staff responded to eight service requests, two USA digs, and one work order.

Water/Wastewater Update
The operations staff continues maintenance of the treatment plants and spay fields as usual. Staff is now in the process of loading trucks with bio-solids. Hauling operations should be completed by October fourteenth.

Building Update
Working through expired building permits, code compliance issues, and educational letters to violation properties. Have identified code changes that need to occur that conflict with State law.

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Finance Update
I have worked on the Streets and Roads data for the State Controller’s Office. I am also working on gathering information for the year-end audit and some additional clean-up of our General ledger that has been carrying over for several years. I am also working through reconciling grant expenses and revenue to identify additional invoicing that is needed from prior grant cycles.

I am still working with Rebecca N. from Dewberry to complete outstanding Caltrans invoicing.

RECOMMENDATION
No action is required.

DISCUSSION
The Council needs to see and the public to be aware of the work done daily by hardworking staff. The Council will get these weekly reports as there are updates to give.

Administration Update
I met with Engineering. We will send an RFP for Signs, speed Survey, and Striping here shortly. Public Works will get the trees trimmed downtown and finish up an RFP for the sidewalk repairs. I started on the Drought Contingency Plan that will be due by year-end. Chris is reviewing it and will take it to Council for Public Hearing on November 15. I met with UWPA and UPUD to discuss any water concerns.

We will be issuing a press release about upcoming voluntary conservation. I met with AVA to discuss the budget and methods for vehicles in the City removal. UWPA will be conducting fall maintenance from October 30 through December 1 this year. I submitted the approved call for projects to CCOG. I followed up with Blackwater on the scope of work/agreement to design the water treatment plant improvement project. The update on the City survey is 198 public responses. I asked Coneth to attend the CSJVRMA ResoluteGuard Program Overview. They recommend waiting until our network is redone and then could add this on to have NIST compliance and incident response tracking that would help with compliance and insurance purposes. Equipment for the network project is still back-ordered. I am working with Jen Casci (County IWM) on coordinating the Clean CA Programs. The City has no access to Animal Services. I will reach out to the County to engage with them to provide service.

Fire Update
10B

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 10/2-10/8 Major 911 calls for Service: CPR Vehicle Fire Commercial Fire. Multiple basic calls for service:

EMS Veh Accident Public Assists Landing Zone for EMS Helicopters Fire Chief off all week for Medical Procedure, anticipate return 9/10. Cover BHHS football game w EMTs Fire inspections by Fire Marshall Staff Meetings with OES Other Fire Agencies
Police Update
9/30/22 - 10/6/22 62 Calls for Service (1) Misc. Domestic Battery Arrest (1) Misc. Warrant Arrest Items of Note: - Still short two police officer positions - Chief worked patrol this week due to staffing, training, and vacations - Two vehicles were transported to Sonora Ford for repairs, and both have been returned to service. - Patrol assisted CCSO with an attempted homicide case that occurred on Esmeralda in the county. The victim and two suspects are Angels Camp locals. The victim was transported to Modesto for treatment, and at least one of the two suspects has been taken into custody. - Quotes are being obtained for the replacement of police department A/C units. The unit that operates the office is approximately 35 years old, and the unit that operates the evidence room is 20+ years old Engineering Update
Gathered quote for the sign project. Continued working through various engineering projects, including Habitat for Humanity and the Utica Hotel.

Public Works Update
Staff continued with vegetation management this week, including mowing and tree trimming in Utica Park and Tryon Park. Staff also cleaned up a fallen tree on Mark Twain Rd. Staff had fifty-seven water meter rereads completed this week. Staff also had to fix a water service on Acorn Street, change a broken water meter, and flush the main line on North Bush Street. Staff also did monthly pump station wet well cleaning, replaced the catalytic converter on the Ford F-250, And took down the Walk for Hope banner. Staff responded to twelve service requests, three USA digs, and one work order.

Water/Wastewater Update
Staff continues to operate and maintain the treatment plants and spray fields as usual. Staff did numerous leak repairs on the chlorine system, on-site generation unit, and domestic pump system. Staff

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 prepped for bio-solids hauling operations for the following week. The August N.P.D.E.S report and the N.A.N.I report for bio-solids have been completed.

Building Update
I am working through expired building permits, code compliance issues, and educational letters to violation properties.

Finance Update
Continuing to gather information for the year-end audit and some additional clean-up of our General ledger that has been carrying over for several years. I am also working through reconciling grant expenses and revenue to identify additional invoicing that is needed from prior grant cycles.

I am still working with Rebecca N. from Dewberry to complete outstanding Caltrans invoicing. 10C
10D

10E

Angels Camp City CouncilOctober 18, 2022

Angels Camp City Council
October 18, 2022