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
July 18, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.
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:
JJoin on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 259 054 873 390
Passcode: NRF287
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+1 209-662-6903,,253817460# United States, Stockton
Phone Conference ID: 253 817 460#
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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 Jennifer Herndon Vice Mayor Isabel Moncada
Council Members Gretel Tiscornia, Alvin Broglio, Caroline Schirato City Administrator Rebecca Callen City Attorney Doug White
CITY HALL
Home of the Jumping Frog • Angelscamp.gov
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 5:30 p.m. CLOSED SESSION
1. ROLL CALL
2. ADJOURN TO CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APNS: 058-007-005, 058-014-019
Agency Negotiator, Rebecca Callen, City Administrator
B. Conference with Real Property Negotiator
Property Location: APNS: 058-011-023, -024, -028
Agency Negotiator, Rebecca Callen, City Administrator
6:00 p.m. REGULAR MEETING
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. REPORT OUT OF CLOSED SESSION
A. Conference with Real Property Negotiator
Property Location: APNS: 058-007-005, 058-014-019
Agency Negotiator, Rebecca Callen, City Administrator
B. Conference with Real Property Negotiator
Property Location: APNS: 058-011-023, -24, -028
Agency Negotiator, Rebecca Callen, City Administrator
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. Approve Draft Minutes of June 20, 2023, Rose Beristianos, City Clerk B. Approve Draft Minutes of June 26, 2023, Rose Beristianos, City Clerk C. Accounts Payable (AP) May Checks and Treasurer’s Report, Michelle Gonzalez, Finance Director D. Approve Resolution 23-58, Authorizing Road Closure of State Highway 49 in the City of Angels Camp for the Bret Harte Homecoming Parade, Caytlyn Schaner, Administrative Services Specialist
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
7. REGULAR AGENDA
A. PUBLIC HEARING: Ordinance No. 532, Second Reading to Rezone 320± Parcels as Identified for Consistency with General Plan 2020, Amy Augustine, City Planner
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
B. PUBLIC HEARING: Waive the First Reading Hold a Public Hearing and Schedule August 1, 2023 for a Second Reading, Introduce an Ordinance Adding a New Chapter 8.50, Critical Infrastructure, Wildfire Risk, and Flood Hazard Protection, to Title 8, Health and Safety, of the Angels Camp Municipal Code, to Protect Critical Infrastructure, Wildfire Risk, and Flood Hazard Areas, Amy Augustine, City Planner I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
C. Authorize a $60,000 Change Order to Add a Second Bathroom Stall in Conjunction with the Construction of the Utica Park Bathroom, Amy Augustine, City Planner
D. Abatement Approval of Three (3) Parcels in Violation of Chapter 8.10, City of Angels Camp Municipal Code Abatement of Weeds and Rubbish, Nathan Pry, Fire Marshal/Deputy Chief E. PUBLIC HEARING: Conduct a Public Hearing to Review the Past Use of Community Development Block Grant Funds (CDBG), Rebecca Callen, City Administrator
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Close Public Hearing
F. PUBLIC HEARING: Hold a Public Hearing and Receive Public Comment Regarding the Community Development Block Grant (CDBG) Program and Possible Activities and Projects to be Considered for Funding Under the 2023 Notice of Funding Availability (NOFA) for an Application and for Possible Program Income Funding for One or More Applications and Discussion on the Fire Station Project, Rebecca Callen, City Administrator
I. Receive Staff Report
II. Open Public Hearing
III. Receive Public Comment
IV. Cose Public Hearing
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
G. Approval of Employment Agreement with Rebecca Callen for City Administrator Position as Negotiated, Rose Beristianos, City Clerk
8. ADMINISTRATION REPORT
9. COUNCIL REPORT
10. CORRESPONDENCE
A. June Consolidated Staff Report
B. Citizen Letter Dated 6/1/2023
11. CALENDAR
12. FUTURE AGENDA ITEMS
13. 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.
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
DRAFT MINUTES CITY OF ANGELS
CITY COUNCIL AGENDA
June 20, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.
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:
JJoin on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 259 054 873 390
Passcode: NRF287
Download Teams | Join on the web
Or call in (audio only)
+1 209-662-6903,,253817460# United States, Stockton
Phone Conference ID: 253 817 460#
Find a local number | Reset PIN
Learn More | Meeting options
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 (PRESENT) Jennifer Herndon Vice Mayor (PRESENT) Isabel Moncada Council Members Gretel Tiscornia (ABSENT), Alvin Broglio (PRESENT), Caroline Schirato (PRESENT) City Administrator (PRESENT) Rebecca Callen City Attorney (PRESENT) Doug White (Deb was in attendance) 6A
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
5:00 p.m. CLOSED SESSION
1. ROLL CALL
2. ADJOURN TO CLOSED SESSION
A. Conference with Labor Negotiators (Govt. Code section 54957.6) Agency Designed Representative: Rebecca Callen, City Administrator Employee Organization:
City of Angels Employee’s Association (Miscellaneous),
City of Angels Police Officers Association
City of Angels Firefighters Association
City of Angels Employee’s Associations (Exempt)
6:00 p.m. REGULAR MEETING
1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. REPORT OUT OF CLOSED SESSION
A. Conference with Labor Negotiators (Govt. Code section 54957.6) Agency Designed Representative: Rebecca Callen, City Administrator Employee Organization:
City of Angels Employee’s Association (Miscellaneous),
City of Angels Police Officers Association
City of Angels Firefighters Association
City of Angels Employee’s Associations (Exempt)
NO DISCUSSION, CLOSED SESSION CANCELLED
4. APPROVAL OF THE AGENDA AS POSTED (OR AMENDED) –
Addendum for item 7D, Council Member Broglio pulled item 7I, on Regular Agenda, Motion made to approve the agenda as amended by Council Member Schirato, seconded by Council Member Broglio, passed 4 yes, 1 absent
5. PUBLIC COMMENT - None
6. CONSENT AGENDA
A. Approve Draft Minutes of June 6, 2023, Rose Beristianos, City Clerk B. Accounts Payable (AP) May Checks and Treasurer’s Report, Michelle Gonzalez, Finance Director C. Approve Resolution 23-58 and Award Landscape Maintenance contract to California Landscape and Design, City Administrator
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
ACTION: Motion to approve the Consent Agenda by Council Member Broglio, seconded by Council Member Schirato, passed 4 yes. 1 absent
7. REGULAR AGENDA
A. Public Hearing to Consider the Continuation of the Assessments for Fiscal Year 2023-24 for the Landscaping & Lighting District No. 2 – Greenhorn Creek Assessment; Adoption of Resolution No. 23-56, Approving the Engineer’s Report, Confirming the Diagram and Assessment, and Ordering the Continuation of Assessments for Fiscal Year 2023-24, Rebecca Callen, City Administrator I. Receive Staff Report - Given
II. Open Public Hearing - Opened
III. Receive Public Comment - None
IV. Close Public Hearing – Closed
ACTION: Motion by Council Member Broglio to approve Resolution and Engineers report, seconded by Vice Mayor Moncada, passed 4 yes, 1 absent
B. Approve Resolution No. 23-51, Amending the General Plan Land Use Element Table 1-5 (General Plan and Zoning Consistency) to Allow the Following Zoning Districts to be Consistent with the High Density Residential (HDR) General Plan Land Use: Single Family Residential (R-1) and Medium Density Residential (R2), Amy Augustine, City Planner PUBLIC COMMENT: Gloria spoke she was not understanding the item, City Planner explained ACTION: Motion to apprive resolution by Council Member Schirato, seconded by Mayor Herndon, passed 4 yes, 1 absent
C. Adopt Resolution No. 23-52, Amending the General Plan Land Use Designations on 41 Parcels as Identified, Amy Augustine, City Planner
ACTION: Motion to approve resolution by Council Member Broglio, seconded by Vice Mayor Moncada, passed 4 yes, 1 absent
D. PUBLIC HEARING: Introduct, Waive the First Reading, Hold a Public Hearing and Schedule July 18, 2023 for a Second Reading to rezone 320± Parcels as Identified for Consistency with General Plan 2020, Amy Augustine, City Planner
I. Receive Staff Report - Given
II. Open Public Hearing - Opened
III. Receive Public Comment - None
IV. Close Public Hearing – Closed
Scheduled July 18th for second reading
E. Adopt Resolution No. 23-53, Establishing Fixed Fees for Certain Building Projects Including Reroofs, Water Heaters, HVAC Change-Outs, Residential Roof Mounted Solar, Fire Sprinklers, Generators, Generators with Propane; and Doubiling Building Fees for Work Initiated Before Issuance of a Building Permit, Amy Augustine, City Planner
ACTION: Motion to approve resolution by Mayor Herndon, seconded by Council Member Schirato, passed
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
4 yes, 1 absent
F. Discussion and Direction – Annual Fee Adjustment for Police, Fire, Parks and Traffic Impact Mitigation Fees, Michelle Gonzalez, Finance Director
DISCUSSION and Direction given to increase by the average of 6.08% G. Adopt the 2023-24 Fiscal Year Budget and Capital Improvement Plant with Resolution No. 23.56, Rebecca Callen, City Administrator
PUBLIC COMMENT: Gloria spoke about her concern for Fire and Law Enforcement and how they need help ACTION: Motion to approve resolution and adopt the 23/24 FY Budget by Council Member Broglio, seconded by Council Member Schirato, passed 4 yes, 1 absent H. Amend Resolution No. 96-06 and Adopt Resolution No. 23-57 for Personnel Policy Sections 9.12 and 9.13, Rebecca Callen, City Administrator – TABLED
I. Amend the City Administrator Contract Effective, June 21, 2023 – PULLED
8. ADMINISTRATION REPORT – City Administrator Rebecca Callen gave her report
9. COUNCIL REPORT – All present reported out
10. CORRESPONDENCE – No comments
A. April and May Consolidated Staff Report
11. CALENDAR – Reviewed with City Clerk
12. FUTURE AGENDA ITEMS – Critical Infrastructure ordinance
13. ADJOURNMENT
PUBLIC COMMENT:
Lorena Darby asked about Angels Creek Trail
ACTION: Motion to adjourn the meeting at 7:23pm by Council Member Broglio, seconded by Vice Mayor Moncada, passed 4 yes, 1 absent
_______________________
________________________ Jennifer Herndon, Mayor
Rose Beristianos, City Clerk
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
DRAFT MINUTES CITY OF ANGELS
CITY COUNCIL AGENDA SPECIAL MEETING
June 26, 2023
THIS MEETING WILL BE HELD AT ANGELS FIRE HOUSE, 1404 VALLECITO ROAD AND WILL BE OPEN TO PUBLIC.
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:
JJoin on your computer, mobile app or room device
Click here to join the meeting
Meeting ID: 259 054 873 390
Passcode: NRF287
Download Teams | Join on the web
Or call in (audio only)
+1 209-662-6903,,253817460# United States, Stockton
Phone Conference ID: 253 817 460#
Find a local number | Reset PIN
Learn More | Meeting options
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 (PRESENT) Jennifer Herndon Vice Mayor (PRESENT) Isabel Moncada Council Members (ALL PRESENT) Gretel Tiscornia, Alvin Broglio, Caroline Schirato City Administrator Rebecca Callen (NOT ASKED TO ATTEND) City Attorney Doug White and Debra Viera (PRESENT) 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
5:30 p.m. CLOSED SESSION
1. ROLL CALL – AS NOTED ABOVE
2. ADJOURN TO CLOSED SESSION
A. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
3. REPORT OUT OF CLOSED SESSION
A. Public Employment Performance Evaluation (Gov. Code Section 54957) Title: City Administrator/Manager
DIRECTION GIVEN TO STAFF
4. ADJOURNMENT
ACTION: MOTION TO ADJOURN THE MEETING AT 8:14PM BY COUNCIL MEMBER TISCORNIA, SECONDED BY COUNCIL MEMBER BROGLIO, PASSED 5 YES
________________________________
Jennifer Herndon, Mayor
____________________________
Rose Beristianos, City Clerk
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog • Angelscamp.gov
MEETING DATE: July 18, 2023
TO: City Council
FROM: Michelle Gonzalez, Finance Director
RE: Monthly Accounts Payable (AP) Checks and Treasury Report
BACKGROUND
Accounts Payable and Treasury Reports for Council Review.
DISCUSSION
Staff is providing Council with the Accounts Payable and Treasury Report for the month of June 2023
FISCAL IMPACT
No fiscal impact
ATTACHMENTS
1. Accounts Payable Checks
2. Treasury Report
6C
Accounts Payable
Checks
User: mgonzalez
Printed: 7/12/2023 3:19:05 PM
Check Vendor Vendor Name Check D Void Commi Description Amount Reconci Clear D 91263 LON02 Longson Paper Shredding 6/1/2023 False True SHRED PICK UP- 10/47/22-2/14/23-4/12/23 $180.00 False 91249 CAL29 Cal.net 6/1/2023 False True #22194- PD $1,234.68 False 91260 L&L01 Laurie Boire 6/1/2023 False True MAY CLEANING $220.00 False 91243 ATT02 AT&T Mobility 6/1/2023 False True APRIL BILLING $178.05 False 91262 LIN01 Joe Linayao 6/1/2023 False True PER DIEM FOR ATTENDING TRAINING IN PLACERVILLE $100.00 False 91246 BUR01 BURKETT APPLIANCE REPAIR 6/1/2023 False True ANGELS CAMP FIRE DEP. REPAIR $195.94 False 91268 PIT00 PITNEY BOWES BANK INC 6/1/2023 False True MISC. MONTHLY PAYMENT $600.00 False 0 MCM01 McMaster-Carr 6/1/2023 False True DEDUCTION FROM CHECK 90585 $152.97 False 91270 STA06 Staples Credit Plan 6/1/2023 False True OFFICE SUPPLY $182.10 False 91259 HI-00 Hi-Tech EVS, Inc. 6/1/2023 False True Repair of E-211 $513.35 False 91239 ADA01 Adams Ashby Group, Inc 6/1/2023 False True CDBG Uticia/CDBG CV 2/3 Uticia Kitchen/Planning Consultant $1,420.00 False 91244 BEN01 John Benoit 6/1/2023 False True PROF. SVCS $12,721.26 False 91257 FRA00 Frank A. Olsen Company 6/1/2023 False True Valve parts $558.77 False 91266 NEL00 NELSON ENVIRO, LLC 6/1/2023 False True Phase 1 Site Assessment for Napa and Triangle $2,500.00 False 91272 WEB00 Roark Weber, P.E. 6/1/2023 False True PROFESSIONAL SERVICES FOR APRIL 2023 $478.50 False 91255 DEW00 Dewberry Engineers Inc. 6/1/2023 False True General engineering serive for Engineering and Building/Planning $22,334.32 False 91267 ORE00 O'Reilly Automotive, Inc. 6/1/2023 False True TIRE SHINE $182.75 False 91247 CAL06 Calaveras Lumber Co., Inc. 6/1/2023 False True TRASH BAG $1,566.55 False 91265 MUN05 Municipal Asset Management, Inc. 6/1/2023 False True Interest Payment $604.69 False 91258 GRA07 Grainger 6/1/2023 False True Confined space air/gas detection kit $1,819.89 False 91253 DAR02 DARIO'S LANDSCAPING 6/1/2023 False True CLEARING WEEDS AT SELKIRK $1,200.00 False 91251 COR00 Cordico Psychological Corporation 6/1/2023 False True peps-sa jesus gonzalez chavez $500.00 False 91261 LIF01 Life - Assist, Inc. 6/1/2023 False True R&B Pediatric Bag, Purple $1,162.55 False 91245 BLA03 Black Water Consulting Engineers, Inc. 6/1/2023 False True PROJECT MANAGEMENT AND ADMINISTRATION $6,072.50 False 91256 ELK01 WINNER CHEVROLET INC 6/1/2023 False True 2023 Chevy 1500 Crew Cab PPV $53,884.21 False 91264 MCD01 Jodi Mcdearmid 6/1/2023 False True PER DIEM FOR ATTENDING TRAINING IN PLACERVILLE $100.00 False 91254 DEP07 Department of Justice 6/1/2023 False True FINGERPRINT APPA/ CCW INITIAL- STANDARD $93.00 False 91274 WIE00 LUCAS E WIEBE 6/1/2023 False True BOOT REIMB. 22/23 $192.87 False 91269 SIG01 Signal Service Inc. 6/1/2023 False True ALARM SYSTEM MAINT. $161.18 False 0 HUN01 Hunt & Sons, Inc. 6/1/2023 False True FUEL CHARGE $6,604.87 False 91273 WHI01 Bruce Whittle Electric 6/1/2023 False True Replacement of failed soft start for spray field pump. $5,100.00 False 91242 ARA01 ARAMARK 6/1/2023 False True APRIL STATEMENT $326.48 False 91252 DAN03 Dana Safety Supply 6/1/2023 False True Wanco Full-Matrix Message Board Sign and Trailer, Graphic Displa $29,057.57 False Accounts Payable - Checks (7/12/2023) Page 1 of 4
Check Vendor Vendor Name Check D Void Commi Description Amount Reconci Clear D 91241 ARA00 Aramark 6/1/2023 False True APRIL STATEMENT $246.00 False 91271 VAL02 The Valley Springs News 6/1/2023 False True 2023-2024 final budget $19.50 False 91240 ANC01 Anchor Pest Control 6/1/2023 False True Pre-emergent weed spraying $2,195.00 False 91250 COM06 COMPHEL HEATING & AIR CONDITIONING, INC 6/1/2023 False True Install 2 new AC & furnaces for Police and Pickled Porch locatio $25,650.00 False 91248 CAL17 Calaveras Visitors Bureau 6/1/2023 False True CPPA GRANT REIMBUSEMENT $9,136.00 False 91301 SON10 Sonora Airco Gas & Gear 6/9/2023 False True CYLINDER BILLING $8.00 False 91291 JAV01 Javelina Trading Company 6/9/2023 False True BLUE NITRILE GLOVE $324.35 False 91305 ROY00 ROYAL ELECTRIC COMPANY 6/9/2023 False True CalOES Grant/Generator Replacement/Capital Outlay Equipment $12,696.05 False 0 TOP01 Top Dog Police K9 Training & Consulting 6/9/2023 False True MAINT. TRAINING FOR MCDEARMID $725.00 False 91285 dav01 Bill Davis 6/9/2023 False True PURCHASE OF GENERATOR SERVICE MATERIAL REIMBURSEMENT$86.19 False 0 DAT00 DataProse LLC 6/9/2023 False True BILL PACKAGE AND POSTAGE $1,277.88 False 91289 HOL00 Holt of California 6/9/2023 False True Bulldozer rental $5,104.56 False 91296 MOU02 Mountain Oasis Purified Water 6/9/2023 False True MAY BILLING FOR WATER $93.75 False 91277 ALP01 Alpha Analytical Laboratories, Inc. 6/9/2023 False True MAY STATEMENT $3,211.00 False 91282 CAL19 Calaveras County - Administration 6/9/2023 False True VIDEOGRAPHER ANGELS CAMP CITY COUNCIL 5/16/23 $215.51 False 91295 MOT09 MotherLode Answering Service, Inc. 6/9/2023 False True BASIC SERVICES $217.61 False 91304 USB03 U.S. Bank Equipment Finance 6/9/2023 False True HP COPIER $765.07 False 91292 LIF01 Life - Assist, Inc. 6/9/2023 False True PART OF P.O. 30248 $5.42 False 0 WHI00 White Brenner, LLP 6/9/2023 False True For professional services rendered through April 30, 2023 $6,922.00 False 91279 ANG04 Angels Food Market 6/9/2023 False True WATER/ 24 PK GRO CRV $66.23 False 91302 STA03 Stalker Radar 6/9/2023 False True Radar unit for new patrol vehicle (2022 Ford Explorer) $3,271.13 False 91294 MCI01 MCI 6/9/2023 False True LONG DISTANCE SERVICE $63.83 False 91278 ANG03 Angels Sheet Metal, Inc. 6/9/2023 False True COIL CLEANER FLAT RATE $230.47 False 91281 BEN01 John Benoit 6/9/2023 False True Staff services for May 2023 $8,010.96 False 91283 CAM01 Campora Propane Service 6/9/2023 False True Propane refill at Springhouse Rd #1 $23.69 False 91303 TIS00 GRETEL TISCORNIA 6/9/2023 False True REIMBURSEMENT $116.42 False 0 CON03 CONETH SOLUTIONS, INC. 6/9/2023 False True IT Service Contract $11,624.00 False 0 GAT05 Gateway Press 6/9/2023 False True Art and design sign for vision statement for Council Meetings $861.17 False 91288 gsd01 GSD ConstructionServices, LLC 6/9/2023 False True DSClearing Project A-3 $8,250.00 False 91287 foo01 Foothill-Sierra Pest Control, Inc 6/9/2023 False True QAURTERLY PEST CONTROL W/WW $135.00 False 91298 PAC03 Pace Supply Corp. 6/9/2023 False True FORHS81333NL/FORA47NL $762.37 False 91299 SAF01 Safe-T-Lite 6/9/2023 False True Double sided street signs for Mark Twain Rd and Bust St $82.94 False 91297 NEW00 NEW FRONTIER AUTO SUPPLY 6/9/2023 False True DISPO GLOVES/ ASSORTED PINS $128.14 False 91280 ATT02 AT&T Mobility 6/9/2023 False True On Call Wireless FD/PW $178.00 False 91290 INT05 Interwest Consulting Group Inc. 6/9/2023 False True All Hazards Planning Codes/Planning Consultant $1,145.00 False 91293 MAT07 Andrea Mata 6/9/2023 False True Reimbursement for Costco Order $73.79 False 91284 DAK00 Dakota West 6/9/2023 False True 22/23 fiscal year boot reimbursement $250.00 False 91286 ENE02 Energy Systems 6/9/2023 False True Equipment service at Greenhorn Creek #2 Raggio Ct Lift Station $554.92 False 91300 SCO02 Scott's Distributing 6/9/2023 False True FIRE HOUSE HOLD ITEMS $126.26 False 0 CAL37 Calaveras Power Agency 6/12/2023 False True Power - City Locations $57,397.19 False 91306 OPE00 Operating Engineers Local Union No. 3 6/14/2023 False True MAY BILLING CITY OF ANGELS $632.00 False 0 EMP02 Employee Relations, Inc. 6/14/2023 False True CRIMINAL COURT ACCESS FEE/CRIMINAL SEARCH/ID REPORT $169.60 False 0 ANG06 Angels Camp Police Officer's Association 6/14/2023 False True ANGELS CAMP PD OSSOCIATION $933.60 False Accounts Payable - Checks (7/12/2023) Page 2 of 4
Check Vendor Vendor Name Check D Void Commi Description Amount Reconci Clear D 0 USA01 USABlueBook 6/16/2023 False True STOCK NO. 28526 $416.15 False 91308 BLA03 Black Water Consulting Engineers, Inc. 6/16/2023 False True $14,238.00 False 91313 FRU00 Fruit Growers Laboratory, Inc 6/16/2023 False True WWTP-GW Monitoring (in association with Condor Contract) FY 23 $617.00 False 0 ELD00 El Dorado Septic Service, Inc. 6/16/2023 False True PORTABLE TOILET RENTAL $242.44 False 91314 HEL00 Helix Laboratories, Inc. 6/16/2023 False True MINIMIZER LIQUID, 6 GALLON PAIL CADDIE/PUMP/BOX $1,208.31 False 91317 SUT00 Sutter Medical Foundation- Corporate 6/16/2023 False True SART 22-0373 $1,400.00 False 91312 CSG01 CSG Consultants, Inc. 6/16/2023 False True BUILDING PLANNING REVIEW SERVICES $803.99 False 91307 ATT05 AT&T 6/16/2023 False True REG PHONE SERVICE JUN-JUL $663.00 False 91311 COL07 Cole J. Tiscornia 6/16/2023 False True Water line repair @ 1300 block of S Main $4,500.00 False 91315 PIT01 Pitney Bowes Global Financial Services LLC 6/16/2023 False True BILLIMH MAR-JUN $157.55 False 0 NEX00 NEXUS TECHNOLOGIES 6/16/2023 False True Barracuda Software July 2022-June 2023 $1,461.53 False 91310 CIT23 City of Angels Employee Association 6/16/2023 False True PR BATCH 00022.04.2022 EMPLOYEE ASSOC.DUES. REISSUE CHECK #82387 $254.76 False 91309 CAL44 California Tree and Landscape Consulting, Inc 6/16/2023 False True Evaluate trees @ Utica Park for removal or trimming for safety a $2,180.00 False 91316 SIG01 Signal Service Inc. 6/16/2023 False True ANGELS CAMP POLICE DEP. $2,314.36 False 91318 ban05 Bank of Stockton 6/21/2023 False True Transfer funds from US Bank to Bank of Stockton for CD $2,000,000.00 True 6/30/2023 0 MUN02 MuniServices 6/23/2023 False True Clearview/ STARS Service for 4th Qtr $638.79 False 91341 MCC02 McCoy Truck Tire Service Center, Inc. 6/23/2023 False True 4 Tires for patrol vehicle S2 $505.63 False 91332 DEW00 Dewberry Engineers Inc. 6/23/2023 False True General Water engineering services $17,087.99 False 91326 ATE00 A.T.E.E.M. 6/23/2023 False True Emergency Temporary PC Replacement $14,698.32 False 0 CON03 CONETH SOLUTIONS, INC. 6/23/2023 False True IT Services for PD $300.00 False 91327 ATT02 AT&T Mobility 6/23/2023 False True WIRELESS/ONCALL LINES- FD/PW $178.01 False 91325 ARA01 ARAMARK 6/23/2023 False True Uniform services- PW $474.37 False 91343 NOC00 No Contract Pest Control, Inc. 6/23/2023 False True Gen pest control services @ Utica Kitchen $102.00 False 91323 AQU00 Aqua Ben Corporation 6/23/2023 False True Hydrofloc 750L; Chemicals $4,344.48 False 91337 JAV01 Javelina Trading Company 6/23/2023 False True Misc safety supplies- PW $233.08 False 91345 SIG01 Signal Service Inc. 6/23/2023 False True Service call-out- PD $265.00 False 0 SPR01 Springbrook Holding Company LLC 6/23/2023 False True Springbrook Subscription for FY 23/24 $33,858.65 False 91340 MAR02 Mark Twain Union Elementary 6/23/2023 False True Vehicle maintenance- P8- PD $2,782.43 False 91329 CAL64 Calaveras County - Elections 6/23/2023 False True Costs incurred for 11/8/22 General Election $620.26 False 91338 LNC01 L.N. Curtis & Sons 6/23/2023 False True Incident response pocket guide-FD $122.14 False 91324 ARA00 Aramark 6/23/2023 False True Uniform service- WW $307.50 False 91328 AWW01 American Water Works Association 6/23/2023 False True Membership Dues-WW $487.00 False 91330 COL07 Cole J. Tiscornia 6/23/2023 False True Emergency repair to exposed 8" forced main and road wash out in $5,840.00 False 91344 QUI02 Quill Corporation 6/23/2023 False True Misc office supplies- WW $370.60 False 91331 DAR02 DARIO'S LANDSCAPING 6/23/2023 False True Clear area A9 and bridges- cut high weeds, rake and haul $1,800.00 False 91339 MAR00 MARTIN MARIETTA MATERIALS 6/23/2023 False True Base mesh- PW $112.71 False 91335 GOL01 Gold Electric, Inc. 6/23/2023 False True RFP 2/20/22: Installed/replaced 36 36 watt LED lamps @GHC $10,787.00 False 91342 NEI01 Neil Gamez 6/23/2023 False True S-212 chain saw training class hosted by Angels Fire Department $3,550.00 False 91334 GEN01 General Plumbing Supply 6/23/2023 False True Misc plumbing supplies- WT $385.28 False 91333 FRA00 Frank A. Olsen Company 6/23/2023 False True Stud Cont 5/8 - WW $37.96 False 91336 gsd01 GSD ConstructionServices, LLC 6/23/2023 False True DSC- at A-9 $2,250.00 False 91346 TIM00 Tim McCaffrey 6/23/2023 False True Recreate badge artwork for print and embroidery. $300.00 False 0 USA01 USABlueBook 6/23/2023 False True One Star Tweezers- WW $2,409.44 False Accounts Payable - Checks (7/12/2023) Page 3 of 4
Check Vendor Vendor Name Check D Void Commi Description Amount Reconci Clear D 0 GOV00 Govlnvest Inc. 6/29/2023 False True TEST FOR ACH FILE $0.01 False 91367 UTI01 Utica Water & Power Authority 6/30/2023 False True MAY 2023 WATER DATA COLLECTION $400.00 False 91366 UB*00365 WILKINSON, WILL & MARLENE 6/30/2023 False True Refund Check 011159-000, 584 CHIMNEY HILL $183.51 False 91347 ADA01 Adams Ashby Group, Inc 6/30/2023 False True CDBG Uticia/CDBG CV 2/3 Utica Bathroom/Planning Consultant $2,652.50 False 91354 INL00 Inland Business Solution 6/30/2023 False True COPIER MAINT. LEASE $1,613.88 False 0 GOV00 Govlnvest Inc. 6/30/2023 False True FY 23/24 Subscription Fee $12,500.00 False 91359 PAC03 Pace Supply Corp. 6/30/2023 False True PUBLIC WORKS SUPPLIES. D. POROVICH $698.03 False 91348 BER02 ROSE BERISTIANOS 6/30/2023 False True CSJVRMA QRTLY MEETING $188.64 False 0 SPR01 Springbrook Holding Company LLC 6/30/2023 False True CIVICPAY TRANSACTION FEE $1,450.00 False 91364 UB*00363 NEW FRONTIER AUTO SUPPLY, INC 6/30/2023 False True Refund Check 008691-000, 1056 S MAIN ST $150.53 False 0 HUN01 Hunt & Sons, Inc. 6/30/2023 False True FUEL FOR 06-08-23 $6,735.75 False 91360 POR02 David Porovich 6/30/2023 False True WORK BOOTS $250.00 False 91365 UB*00364 ARNDT, MISTY 6/30/2023 False True Refund Check 010396-000, 1128 #2 BUSH ST $165.50 False 91349 CAL06 Calaveras Lumber Co., Inc. 6/30/2023 False True PUBLIC WORKS TOOLS $2,094.51 False 91358 ORE00 O'Reilly Automotive, Inc. 6/30/2023 False True CAR WASH- FD $271.88 False 91361 REB00 REBECCA BELL, RN 6/30/2023 False True ACUTE SART VICTIM EXAM 5/26/23 $950.00 False 91351 COL01 Columbia Communications, Inc. 6/30/2023 False True ANGELS CAMP FIRE DEP. SUPPLIES M. GONZALES $852.61 False 91363 SWR01 State Water Resources Control Board 6/30/2023 False True Operator in training app. $125.00 False 91355 L&L01 Laurie Boire 6/30/2023 False True CLEANING CITY HALL FOR JUNE $220.00 False 91362 SIG01 Signal Service Inc. 6/30/2023 False True ALARM MONITERING QTRLY $2,129.67 False 91356 LON02 Longson Paper Shredding 6/30/2023 False True SHREDDING 70 BOXES $893.58 False 91368 WEC01 Weco Industries 6/30/2023 False True Winter Storm 2022/Equip Maint & Repair $1,011.66 False 91350 CAL43 WAYNE CALLEN JR 6/30/2023 False True FY 22/23 BOOT ALLOWANCE $231.53 False 91353 HIN01 Hinderliter, de Llamas and Associates 6/30/2023 False True Econ Dev Services- Qtr 1 2023 $530.00 False 91357 NAS01 Nash Service Inc. 6/30/2023 False True TIRE LABOR AND DISPOSABLE FEE $42.25 False 91352 DEW00 Dewberry Engineers Inc. 6/30/2023 False True Transportation Projects/CMAQ Trail CML-5206(016) NL/Planning Consultant $4,146.98 False Accounts Payable - Checks (7/12/2023) Page 4 of 4
Operating Portfolios Beginning Balance Ending Balance Accrued Interest Bank Fees % of Total Main Checking (Bank of Stockton) $ 2,085,474 $ 1,025,941 $ 6,429 $ - 4% Checking (US Bank) 1,985,869 314,704 - 726 1%
Money Market (Bank of Stockton) 6,904,867 6,927,604 22,737 - 28% Local Agency Investment Fund (LAIF) * 14,370,203 6,370,203 - - 26% Certificate of Deposit (Bank of Stockton) ** - 10,000,000 - - 41% TOTAL OPERATING FUNDS $ 25,346,414 $ 24,638,453 $ 29,166 $ 726 100% * Interest recorded Quarterly (July 2023)
** CD opened 6/30/2023 interest rate 5.10%
Total Interest Earned FY 21/22 $ 138,687
Total Interest Earned FY 22/23 $ 334,049
June 30, 2023
CITY OF ANGELS
TREASURER'S REPORT
For the Month Ended
4%
1%
28%
26%
41%
Composition of Operating Portfolios
June 30, 2023
Main Checking (Bank of Stockton)
Checking (US Bank)
Money Market (Bank of Stockton)
Local Agency Investment Fund
(LAIF) *
Certificate of Deposit (Bank of
Stockton) **
$6,429
-
22,737
-
$-
726
-
-
0% 20% 40% 60% 80% 100%
Main Checking (Bank of Stockton)
Checking (US Bank)
Money Market (Bank of Stockton)
Local Agency Investment Fund (LAIF) *
Interest Earnings/Bank Fees
June 30, 2023
Accrued Interest Bank Fees
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: July 18, 2023
TO: City Council
FROM: Caytlyn Schaner, Administrative Services Specialist RE: RESOLUTION 23-58 AUTHORIZING ROAD CLOSURE OF STATE 49 IN THE CITY OF ANGELS CAMP FOR BRET HARTE HOMECOMING PARADE.
RECOMMENDATION:
Approve Resolution 23-58
BACKGROUND:
Bret Harte High School District is requesting approval from the City Council to close Highway 49 between Vallecito Road and Bret Harte Drive on October 13, 2023, from 2:00 P.M. until 3:00 P.M for the Homecoming Parade and Rally.
DISCUSSION:
None
FINANCIAL IMPACT:
Please referred March 21, 2023, Special Events Item for this event ATTACHMENTS:
Resolution No. 23-58
6D
CITY OF ANGELS
CITY COUNCIL
RESOLUTION No. 23-58
A RESOLUTION APPROVING ROAD CLOSURE OF STATE ROUTE 49 IN THE CITY OF ANGELS HISTORIC
DISTRICT FOR BRET HARTE HIGH SCHOOL'S HOMECOMING PARADE WHEREAS,; Bret Harte High School is planning their homecoming celebrations for the week of October 9th through the October 13th; and
WHEREAS,; Bret Harte High School has expressed an interest in having a Homecoming Parade and downtown rally on October 13, 2023; and
WHEREAS,; Bret Harte High School is requesting approval from the City Council to close Highway 49 between Vallecito Road and Bret Harte Drive on this date; and WHEREAS,; this closure will temporarily impede and restrict the free passage of traffic over State Highway Route 49 between Vallecito Road and Bret Harte Drive on October 13, 2023 from approximately 2:00 P.M. until 3:00 P.M.; and
WHEREAS,; the closure details and route will comply with the California State Department of Transportation Encroachment permit.
NOW, THEREFORE, BE IT RESOLVED, that the City of Angels City Council consents to the proposed closure of State Highway Route 49 upon terms and conditions deemed appropriate and necessary by the California State Department of Transportation.
PASSED AND ADOPTED this 18th day of July, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk
HOME OF THE JUMPING FROG
PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Citywide Rezoning - 1
DATE: July 18, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: ORDINANCE 532 REZONING 320± PARCELS AS IDENTIFIED FOR CONSISTENCY WITH GENERAL PLAN 2020 (2nd Reading)
RECOMMENDATION:
Introduce, waive the second reading, hold a public hearing, and adopt Ordinance 532 rezoning 320± parcels for consistency with General Plan 2020.
BACKGROUND:
In order to develop an individual parcel fully under its designated zoning district; that zoning district must be consistent with the parcel’s general plan land use designation. The City adopted General Plan 2020 on February 3, 2009, establishing a general plan land use map designating general land uses for all parcels.
Since that time, the City has undertaken multiple municipal code updates to create new zoning districts (e.g., Business Attraction and Expansion, Special Planning) and update existing zoning districts for consistency with General Plan 2020.
Generally, those parcels shown in Figure 1 have zoning incompatible with their general plan land use designation. Using SB2 grant funds, the City is undertaking this citywide rezoning to bring zoning on all parcels into compliance with the General Plan 2020 land use map.
Commencing in March 2023, the City mailed individual notices to most property owners shown in Figure 1 proposing a rezoning consistent with the General Plan 2020 land use map. Owners were given until May 19, 2023, to return a form agreeing to the proposed zoning district or proposing an alternative, contact the Planning Department, attend one of two Open Houses at Fire Station 1 (April 13, 2023, and May 11, 2023), meet individually with the City Planner, or have the City Planner attend a group meeting at the subdivision to discuss the proposed rezonings. Notices returned as undeliverable were hand-delivered to the landowner’s home where possible. 27 forms were returned. All returned forms either indicated agreement with the proposed rezoning or proposed an alternative zoning district that was accepted by both the city and the landowner through follow-up contact. Only one mailed notification was undeliverable.
For a limited number of landowners not receiving mailed notices (those with large land holdings or multiple parcels yet to be rezoned), the City planner set up one-on-one meetings and provided individual maps. 7A
PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Citywide Rezoning - 2
Twelve persons attended the open houses representing 8 landowners. To date (6/6/20), no opposition to any proposed rezonings have been received.
The Planning Commission considered the item at its June 8, 2023, meeting and recommended approval with one revision recommending rezoning APNs 058-007-026, 058-014-020, 058-035-031 (John Paul and Kate Allen) to Multi-Family Residential: Special Planning Combining District (R-3:SP) instead of Special Planning (SP).
The City Council on June 20, 2023, introduced the ordinance, waived the first reading and held a public hearing to consider the ordinance and recommended Planning Commission revision, and set July 18, 2023, for a second reading and to consider adoption.
ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to rezonings shall be made upon the following findings of fact:
A. Th e p ropose d ch a n ge or a m e n d m e n t is con sist e n t w it h t h e Cit y of An ge ls Mu n icip a l Cod e and B. Th e p ropose d ch a n ge or a m e n d m e n t is con sist e n t w it h t h e Cit y of An ge ls Ge n e ra l Pla n
The proposed rezonings all are being undertaken to bring parcels into com pliance with the City of Angels General Plan 2020. Pursuant to Table 1-5 of the General Plan, all proposed rezonings are consistent with the general plan. All zoning districts were created and revised for com patibility with General Plan 2020 prior to this rezoning. Therefore, these findings can be made.
C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.
Because all rezonings are being undertaken to bring parcels into compliance with the City of Angels General Plan 2020 and General Plan 2020 was adopted with a finding that its adoption would not be substantially detrimental to the health, safety, or general welfare of the city; this finding can be made.
Finally, General Plan 2020 The proposed amendments will implement the following general plan program:
2.B.a Undertake a Comprehensive Update to the City of Angels Municipal Code Initiate a comprehensive update of the City of Angels Municipal Code to incorporate changes identified in the Housing Element, for internal consistency and for consistency with the general plan.
This citywide rezoning following the comprehensive update of the Angels Municipal Code will bring parcels into compliance with the general plan.
Citywide Rezoning - 3
Figure 1: Parcels Requiring Rezoning
General Plan Amendment and Rezoning
Rezoning
Previously Rezoned/Consistent
Citywide Rezoning - 4
ENVIRONMENTAL FINDINGS:
Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed rezonings are exempt from further review, because they are being undertaken for consistency with General Plan 2020; therefore, impacts associated with the proposed zonings were evaluated under the 2020 General Plan Environmental Impact Report (EIR) adopted for the 2020 General Plan. Therefore, the project is consistent with, and is within the scope of, the certified General Plan EIR for General Plan 2020.
In addition, the proposed rezonings are exempt from CEQA pursuant to Section 21083.3(e) which states that where a general plan is the basis for application of CEQA, any rezoning action consistent with the general plan shall be exempt where the following apply: As used in this section, “community plan” means a part of the general plan of a city or county which (1) applies to a defined geographic portion of the total area included in the general plan, (2) complies with Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code by including or referencing each of the mandatory elements specified in Section 65302 of the Government Code, and (3) contains specific development policies adopted for the area included in the community plan and identifies measures to implement those policies, so that the policies which will apply to each parcel can be determined. All of the preceding apply to General Plan 2020 and the Angels Camp Municipal Code Title 17.
ATTACHMENT:
A. Planning Commission Resolution 23-09
B. City Council Ordinance 532
Citywide Rezoning - 5
CITY OF ANGELS
PLANNING COMMISSION
RESOLUTION OF INTENT 23-09
RECOMMENDING TO THE CITY COUNCIL REZONING 320± PARCELS AS IDENTIFIED FOR CONSISTENCY WITH GENERAL PLAN 2020
WHEREAS, the City of Angels Planning Commission is charged with updating and maintaining the City’s general plan and zoning codes, and;
WHEREAS, the City adopted General Plan 2020 in 2009 including adoption of a general plan land use map; and
WHEREAS, the City has updated its zoning codes to create zoning districts consistent with General Plan 2020; and
WHEREAS, multiple parcels retain zoning inconsistent with the General Plan 2020 land use map; and WHEREAS, these parcels cannot be fully developed until zoning consistent with the general plan occurs; and WHEREAS, parcel owners were notified individually of the proposed rezonings by mail, through open houses, through individual and group meetings; and
WHEREAS, to date, the City has received no objections to these rezonings; and WHEREAS, a notice of public hearing for the rezonings was published in the Calaveras Enterprise on May 25, 2023; and
WHEREAS, parcel owners were individually notified by mail of the public hearing; and WHEREAS, at a duly noticed public hearing the Planning Commission heard and considered public input on the proposed rezonings;
NOW THEREFORE BE IT RESOLVED that the Planning Commission of the City of Angels hereby recommends to the City of Angels City Council approves rezoning the following parcels to the zoning districts identified as follows:
Single-Family Residential (R-1): 58029016, 60004038, 60012014, 62001054, 62001059, 62001071, 62001072, 62002070, 62002087, 62003025, 62003026, 62003027, 62003028, 62003029, 62003041, 62003060, 62003061, 62004091, 62009016, 62009017, 62009019, 62009020, 62009021, 62009022, 62009026, 62009032, 62009034
62009037, 62009038, 62009040, 62013012, 62013013, 62013014, 62013015, 62013018, 62013019, 62013022, 62013023, 62013039, 62013041, 62013043, 62013044, 62001052, 62012021 Single-Family Residential: Special Planning Combining District (R-1:SP) 57030001, 57030006, 57030007. 57030024, 57030026, 57030027, 57030028, 57030029, 57030030, 57030031, 57030034, 57030035, 57030036, 57031003, 57031004, 57031005, 57031006, 57031007, 57031008,57031009, 57031010, 57031011, 57032003, 57032006, 57032007, 57032008, 57032009, 57032010, 57032011, 57032012, 57032013, 57032014, 57032017, 57032018, 57032019, 57032020, 57032021, 57032022, Citywide Rezoning - 6
57032023, 57032024, 57032025, 57032026, 57032027, 57032028, 57032029, 57032031, 57032032, 57032035, 58084001, 58084002, 58084003, 58084004, 58084005, 58084006, 58084007, 58084008, 58084009, 58084010, 58084011, 58084012, 58084013, 58084014, 58085001,
58085002, 58085003, 58085004, 58085005, 58085007, 58085008, 58085009, 58085010, 58085011, 58085012,
58086001, 58086002, 58086003, 58086004, 58086005, 58086006, 58086007, 58086009, 58086010, 58087001
58087002, 58087003, 58087004, 58087005, 58087006, 58087007, 58087008, 58087009, 58087010, 58087011
58087012, 58087013, 58087014
Single-Family Residential: Greenhorn Creek Combining District (R-1:GHC): 58060007, 58060008, 58061014, 58061015, 58061016, 58061017, 58061018, 58061019, Medium Density Residential (R-2): 62001032, 62001064, 62001073, 62001074, 62004016, 62004017,
62004035, 62004036, 62004037, 62004047, 62004048, 62004051, 62004059, 62004060, 62004078, 62004079, 62009007, 62009009, 62009010, 62009042, 62009043, 62009044, 62009049, 62009050, 62009053, 62009054, 62009055
Multi-Family Residential (R-3): 60002012, 62001069, 57023014, 57023015, 58023031, 58023032, 58023033, 58023034, 58016012, 58016013, 58016014, 58016016, 58016017, 58016022, 58016024, 58026017, 58028027,
60002012, 60010064, 60010067, 62007002, 62007009, 62007010, 62008014, 62008019, 62010001 Multi-Family Residential/Community Commercial (R-3/CC): 62001070 Residential Estate, one-acre minimum (RE-1) 58030013, 58099001, 60008013, 60008014, 60008015, 60008017, 60008032, 60013040, 62013034, 60008037, 60008033, 60008034, 60008018 Residential Estate, five-acre minimum (RE-5) 58029014, 58030008, 58030009, 62005010, 62005011, 62005018, 64011019, 60008038
Residential Estate, five acre minimum: Resources Management Combining District (RE-5:RM):
60008007, 60008016
Special Planning (SP): 57021025, 58030006, 58017012, 58017014, 58017015, 58017019, 58017024, 58017027, 60015001, 60015002, 62014002, 62007005, 62007006, 62008016, 62011001, 62011002, 62011005, 62011006, 62012006, 62012038, 62009051, 58007005, 58007007, 58007021, 58007024, 58007025, 58074014, 58007017, 58014019, 58014021, 62003057, 62003069, 62004069, 62004074, 62004075, 62004076, 62004082, 62004087, 60008031, 58029015, 58028026, 58029009, 58029013, 58030018, 58030019, 60015001, 60015002, 62014002, 62008019, 62010001 Multi-Family Residential: Special Planning Combining District (R-3:SP): 058-007-026, 058-014- 020, 058-035-031
Industrial: 58014016
Community Commercial: 62003067, 62005012, 62005013, 62005014, 62005023, 62005024, 62014004, 62012007, 62012010, 62012011, 62012024, 62012028, 62012029, 62012039 Citywide Rezoning - 7
Shopping Center Commercial: 58010022
Right-of-Way (ROW): 57022056, 57029022, 57029023, 57029024, 57029026, 57029027, 60009022, 62003063, 62012023
Public/Right-of-Way (P/ROW): 62003073, 62003073
Public/Historic Commercial: 62004080
Public/Community Commercial: 58015011
Public/Quasi-Public (P): 58016027, 58017025, 58017026, 57021013, 58027013, 58019020, 58029012, 58030016, 62001018, 62003019, 62003053, 62003070, 62004015, 62004045, 62004073, 62004081, 62009035
Based on the following findings:
1. The proposal is consistent with the City of Angels Municipal Code.
2. The proposal is consistent with the City of Angels General Plan
3. Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed rezonings are exempt from further review because the impacts associated with the proposed changes or resulting from them are within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan and are necessary for consistency with General Plan 2020.
The foregoing resolution was introduced and moved for adoption June 8, 2023, by ________________and duly seconded by Commissioner ______________.
PASSED AND ADOPTED THIS 8th day of June, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
John Broeder, Chairman
ATTEST:
Caytlyn Schaner, Deputy City Clerk
CITY OF ANGELS
CITY COUNCIL
ORDINANCE 532
REZONING 320± PARCELS AS IDENTIFIED
FOR CONSISTENCY WITH GENERAL PLAN 2020
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City of Angels Planning Commission is charged with updating and maintaining the City’s general plan and zoning codes, and;
WHEREAS, at a duly noticed public hearing the Planning Commission heard and considered public input on the proposed rezonings on June 8, 2023; and
WHEREAS, at duly noticed public hearings on June 20th and July 18th, 2023, the City Council heard and considered public input on the proposed rezonings; and
WHEREAS, the City adopted General Plan 2020 in 2009 including adoption of a general plan land use map; and
WHEREAS, the City has updated its zoning codes to create zoning districts consistent with General Plan 2020; and
WHEREAS, multiple parcels retain zoning inconsistent with the General Plan 2020 land use map; and WHEREAS, these parcels cannot be fully developed until zoning consistent with the general plan occurs; and WHEREAS, parcel owners were notified individually of the proposed rezonings by mail, through open houses, through individual and group meetings; and
WHEREAS, to date, the City has received no objections to these rezonings; and WHEREAS, a notice of public hearing for the rezonings was published in the Calaveras Enterprise on June 8, 2023; and ; and
WHEREAS, parcel owners were individually notified by mail of the public hearing; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby approves rezoning the following parcels to the zoning districts identified as follows:
Single-Family Residential (R-1): 58029016, 60004038, 60012014, 62001054, 62001059, 62001071, 62001072, 62002070, 62002087, 62003025, 62003026, 62003027, 62003028, 62003029, 62003041, 62003060, 62003061, 62004091, 62009016, 62009017, 62009019, 62009020, 62009021, 62009022, 62009026, 62009032, 62009034
62009037, 62009038, 62009040, 62013012, 62013013, 62013014, 62013015, 62013018, 62013019, 62013022, 62013023, 62013039, 62013041, 62013043, 62013044, 62001052, 62012021 Single-Family Residential: Special Planning Combining District (R-1:SP) 57030001, 57030006, 57030007. 57030024, 57030026, 57030027, 57030028, 57030029, 57030030, 57030031, 57030034, 57030035, 57030036, 57031003, 57031004, 57031005, 57031006, 57031007, 57031008,57031009, 57031010, 57031011, 57032003, 57032006, 57032007, 57032008, 57032009, 57032010, 57032011, 57032012, 57032013, 57032014, 57032017, 57032018, 57032019, 57032020, 57032021, 57032022, 57032023, 57032024, 57032025, 57032026, 57032027, 57032028, 57032029, 57032031, 57032032, 57032035, 58084001, 58084002, 58084003, 58084004, 58084005, 58084006, 58084007, 58084008, 58084009, 58084010, 58084011, 58084012, 58084013, 58084014, 58085001,
58085002, 58085003, 58085004, 58085005, 58085007, 58085008, 58085009, 58085010, 58085011, 58085012,
58086001, 58086002, 58086003, 58086004, 58086005, 58086006, 58086007, 58086009, 58086010, 58087001
58087002, 58087003, 58087004, 58087005, 58087006, 58087007, 58087008, 58087009, 58087010, 58087011
58087012, 58087013, 58087014
Single-Family Residential: Greenhorn Creek Combining District (R-1:GHC): 58060007, 58060008, 58061014, 58061015, 58061016, 58061017, 58061018, 58061019, Medium Density Residential (R-2): 62001032, 62001064, 62001073, 62001074, 62004016, 62004017,
62004035, 62004036, 62004037, 62004047, 62004048, 62004051, 62004059, 62004060, 62004078, 62004079, 62009007, 62009009, 62009010, 62009042, 62009043, 62009044, 62009049, 62009050, 62009053, 62009054, 62009055
Multi-Family Residential (R-3): 60002012, 62001069, 57023014, 57023015, 58023031, 58023032, 58023033, 58023034, 58016012, 58016013, 58016014, 58016016, 58016017, 58016022, 58016024, 58026017, 58028027,
60002012, 60010064, 60010067, 62007002, 62007009, 62007010, 62008014, 62008019, 62010001 Multi-Family Residential/Community Commercial (R-3/CC): 62001070 Residential Estate, one-acre minimum (RE-1) 58030013, 58099001, 60008013, 60008014, 60008015, 60008017, 60008032, 60013040, 62013034, 60008037, 60008033, 60008034, 60008018 Residential Estate, five-acre minimum (RE-5) 58029014, 58030008, 58030009, 62005010, 62005011, 62005018, 64011019, 60008038
Residential Estate, five acre minimum: Resources Management Combining District (RE-5:RM):
60008007, 60008016
Special Planning (SP): 57021025, 58030006, 58017012, 58017014, 58017015, 58017019, 58017024, 58017027, 60015001, 60015002, 62014002, 62007005, 62007006, 62008016, 62011001, 62011002, 62011005, 62011006, 62012006, 62012038, 62009051, 58007005, 58007007, 58007021, 58007024, 58007025, 58074014, 58007017, 58014019, 58014021, 62003057, 62003069, 62004069, 62004074, 62004075, 62004076, 62004082, 62004087, 60008031, 58029015, 58028026, 58029009, 58029013, 58030018, 58030019, 60015001, 60015002, 62014002, 62008019, 62010001 Multi-Family Residential: Special Planning Combining District (R-3:SP): 058-007-026, 058-014- 020, 058-035-031
Industrial: 58014016
Community Commercial: 62003067, 62005012, 62005013, 62005014, 62005023, 62005024, 62014004, 62012007, 62012010, 62012011, 62012024, 62012028, 62012029, 62012039 Shopping Center Commercial: 58010022
Right-of-Way (ROW): 57022056, 57029022, 57029023, 57029024, 57029026, 57029027, 60009022, 62003063, 62012023
Public/Right-of-Way (P/ROW): 62003073, 62003073
Public/Historic Commercial: 62004080
Public/Community Commercial: 58015011
Public/Quasi-Public (P): 58016027, 58017025, 58017026, 57021013, 58027013, 58019020, 58029012, 58030016, 62001018, 62003019, 62003053, 62003070, 62004015, 62004045, 62004073, 62004081, 62009035
Based on the following findings:
1. The proposal is consistent with the City of Angels Municipal Code.
2. The proposal is consistent with the City of Angels General Plan
3. Pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed rezonings are exempt from further review because the impacts associated with the proposed changes or resulting from them are within the scope of the 2020 General Plan Environmental Impact Report adopted for the 2020 General Plan and are necessary for consistency with General Plan 2020.
Section 2: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.
The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on June 20, 2023, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on July 18, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Jennifer Davis-Herndon, 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 {CW130812.1} Critical Infrastructure- 1
DATE: July 18, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: ORDINANCE 533 CRITICAL INFRASTRUCTURE, WILDFIRE RISK, AND FLOOD HAZARD AREA PROTECTION (1st Reading)
RECOMMENDATION
Waive the first reading, read by title only, and introduce an ordinance adding a new Chapter 8.50, Critical Infrastructure, Wildfire Risk, and Flood Hazard Area Protection, to Title 8, Health and Safety, of the Angels Camp Municipal Code, to protect critical infrastructure, wildfire risk, and flood hazard areas.
BACKGROUND
The City of Angels City Council has found that an immediate threat to the public health, safety, and welfare including the risk of physical harm, loss and/or damage to property, and impairment or prevention of access to areas to provide emergency aid or rescue efforts; exists with the potential destruction of, damage to, or interference with or to:
A. Infrastructure critical to the provision of public services including law enforcement, fire prevention, transportation, education, governmental operations, and utilities, including electricity, communications, water, and waste disposal;
B. Critical infrastructure caused by fire, flood, contamination, blocked access, or other causes; and C. Critical infrastructure caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
Adopting Chapter 8.50 will mitigate these threats as necessary to protect the public health, safety, and welfare, including authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to rezonings shall be made upon the following findings of fact:
A. The proposed change or amendment is consistent with the City of Angels Municipal Code and B. The proposed change or amendment is consistent with the City of Angels General Plan The proposed code amendment does not propose any changes to permitted land uses and implements numerous goals, policies and program of General Plan 2020. Therefore, it is consistent with the City of Angels Municipal Code.
7B
PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 {CW130812.1} Critical Infrastructure- 2
The proposed code will assist in implementing the following General Plan 2020 goals, policies and programs:
Goal 1B
Minimize conflicts between adjacent land uses as necessary to maintain natural, scenic, recreational and cultural resources, rural character and the quality of life in Angels Camp while recognizing the economic, social, health and safety needs of the community.
Goal 4.H
Protect the health and safety of people and property in the city from natural and man-made hazards.
Policies
1.B.e Protect the health and safety of people and property in the city from natural hazards to the extent feasible.
1.B.f Protect the health and safety of people and property in the city from man- made hazards to the extent feasible.
1.B.g Protect sensitive land uses from encroachment by incompatible land uses.
Implementation Programs (Flood protection, Hazard Management):
1.B.e Designate Identified Flood Hazard Areas as Resource Management/Open Space
1.B.f Designate Resource Management & Open Space Setbacks Along Creeks
2.C.q Flood and Fire Hazards and Flood Management Analysis Continue to analyze and implement programs in the Conservation and Open Space Element and Safety Element of the General Plan addressing flood and fire hazards and flood management in compliance with Government Code Section 65302. In conjunction with Housing Element updates, review the Land Use and Safety Elements of the General Plan to identify potential conflicts with those areas subject to flooding as identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the State Department of Water Resources and lands classified as very high fire hazard severity zones (pursuant to Public Resources Code Section 51177). Identify alternative sites for target income group housing and special needs housing identified as subject to threats from flooding or fire.
7.B.6 Protect public facilities from encroachment by incompatible land uses.
Because the proposed ordinance will implement all or portions of the preceding goals, policies and programs of General Plan 2020, the proposed ordinance is compatible with the general plan.
PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 {CW130812.1} Critical Infrastructure- 3
C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.
The stated purpose of Chapter 8.50 is to protect the health, safety, and general welfare of the city by ensuring that critical infrastructure, fire hazard areas and flood hazard zones are protected. Therefore, this finding can be made.
FISCAL IMPACT:
There is little to no immediate fiscal impact associated with adopting Ordinance 533 to protect critical infrastructure, wildfire risk, and flood hazard areas. Long term, the additional protections for these areas can result in savings to the city by mitigating the risks associated with these areas.
ENVIRONMENTAL FINDINGS:
Pursuant to Section 15060(c)(2) and 15060(c)(3) of the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed project is not subject to CEQA because the proposed code amendment will not result in a physical change to the environment and is not a project as defined in Section 15378 of the state CEQA guidelines. The ordinance also is categorically exempt from the state CEQA guidelines pursuant to Section 15330, Class 30, because its implementation will involve minor actions to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances which are small or medium removal actions costing $1 million or less.
OPTIONS:
1. Motion to waive first reading, read by title only, and introduce the proposed ordinance;
2. Continue introduction of the proposed ordinance to a later City Council meeting, with direction to staff with changes; or
3. Reject the proposed ordinance.
ATTACHMENT:
A. City Council Ordinance 533 with Proposed Ordinance (Attachment A to Ord 533)
CITY OF ANGELS
CITY COUNCIL
ORDINANCE 533
ADD A NEW SECTION 8.50 TO THE ANGELS MUNICIPAL CODE FOR CRITICAL INFRASTRUCTURE,
WILDFIRE RISK, AND FLOOD HAZARD AREA PROTECTION
THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the City of Angels City Council finds that an immediate threat to the public health, safety, and welfare including the risk of physical harm, loss and/or damage to property, and impairment or prevention of access to areas to provide emergency aid or rescue efforts; exists with the potential destruction of, damage to, or interference with:
A. Infrastructure critical to the provision of public services including law enforcement, fire prevention, transportation, education, governmental operations, and utilities, including electricity, communications, water, and waste disposal;
B. Critical infrastructure caused by fire, flood, contamination, blocked access, or other causes; and C. Critical infrastructure caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
WHEREAS, the purpose of Chapter 8.50 is to mitigate these threats to protect the public health, safety, and welfare, including authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
WHEREAS, at duly noticed public hearings on July 18th, 2023, and August 1, 2023, the City Council heard and considered public input on the proposed addition to the municipal code; and WHEREAS, a notice of public hearing for the rezonings was published in the Calaveras Enterprise on July 6 2023; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 533, for critical infrastructure, wildfire risk, and flood hazard area protection (Attachment A) based on the following findings:
1. The proposal is consistent with the City of Angels Municipal Code.
2. The proposal is consistent with the City of Angels General Plan
3. Pursuant to Section 15060(c)(2) and 15060(c)(3) of the state guidelines for implementing the California Environmental Quality Act (CEQA), the proposed project is not subject to CEQA because the proposed code amendment will not result in a physical change to the environment and is not a project as defined in Section 15378 of the state CEQA guidelines. The ordinance also is categorically exempt from the state CEQA guidelines pursuant to Section 15330, Class 30, because its implementation will involve minor actions to prevent, minimize, stabilize, mitigate or eliminate the release or threat of release of hazardous waste or hazardous substances which are small or medium removal actions costing $1 million or less.
Section 2: The foregoing Ordinance or a summary shall, before the expiration of fifteen (15) days of its passage, be published with the names of the Council members voting for and against the same once in a newspaper of general circulation printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days after the passage thereof.
The foregoing Ordinance was introduced at a regular meeting of the City of Angels City Council held on July 18, 2023, and passed and adopted as an ordinance of said City at a regular meeting of said Council held on August 1, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________
Jennifer Davis-Herndon, Mayor
ATTEST:
____________________________
Rose Beristianos, City Clerk
{CW130809.1}
8.50 Cri�cal Infrastructure, Wildfire Risk, and Flood Hazard Area Protec�on
8.50.010 Findings and Purpose
8.50.020 Definitions
8.50.030 Prohibited Activities
8.50.040 Abatement
8.50.050 Interference/Interference with Abatement
8.50.060 Violation-Penalty
8.50.070 Ability to Pay Determination
8.50.080 Enforcement
8.50.090 Relation to Other Laws / Interpretation and Amendments to State Laws
8.50.010 Findings and Purpose
The city council finds as follows: An immediate threat to the public health, safety, and welfare, including the risk of physical harm, loss and/or damage to property, and impairment or prevention of access to areas to provide emergency aid or rescue efforts, exists with the potential destruction of, damage to, or interference with:
A. Infrastructure critical to the provision of public services including law enforcement, fire prevention, transportation, education, governmental operations, and utilities, including electricity, communications, water, and waste disposal;
B. Critical infrastructure caused by fire, flood, contamination, blocked access, or other causes; and
C. Critical infrastructure caused by persons whose activities are not permitted or authorized in, on, or near critical infrastructure.
The purpose of this chapter is to mitigate these threats to protect the public health, safety, and welfare, including authorizing the removal of persons and their personal property in, on, or near critical infrastructure.
8.50.020 Definitions
When used in this chapter, the following words and phrases have the following meanings:
"Blue Line Stream" means a stream or drainage designated as perennial (year-round flow) or intermittent (seasonal flow) by the Angels Camp 7.5 minute quadrangle United States Geological Service (USGS) topographic map.
"Bus Stop" means any place where the city or other governmental entity has directed the placement of a sign designating a location where shuttle, trolley, bus service, or other form of public transit may stop to service and transport passengers.
ATTACHMENT A
{CW130809.1}
"Bus Stop Area" means the area at a Bus Stop occupying the entire width of the sidewalks that extends twenty (20) feet before a Bus Stop sign or Bus Stop route sign, or, for Bus Stops furnished with shelter or shelters, the footprint of the shelters, and the entire width of the sidewalk that extends ten (10) feet before and ten (10) feet after the footprint of the shelter. The footprint of a shelter is defined by vertical plans, perpendicular to the ground, extending down from the outermost edges of the shelter overhang or roof.
"Camp" and "Camping" mean the placement on public or private property for the purpose of making a living accommodation for one or more nights of tents, tarpaulins, temporary shelters, house trailers, mobile homes, motor vehicles or parts thereof, trailers, cooking facilities, cots, ground covers, bedding, hammocks, backpacks, sleeping bags and other equipment of a similar nature used to live temporarily in the outdoors.
"Camp Facilities" include, but are not limited to, tents, huts, or temporary shelters. "Camp Paraphernalia" includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, or non-city designated cooking facilities and similar equipment.
"Critical Infrastructure" means the boundaries of real property or boundaries of a parcel containing a facility, whether privately or publicly owned, that the City Administrator designates as being so vital and integral to the operation or functioning of the city or in need of protection that its damage, incapacity, disruption, or destruction would have a debilitating impact on the public health, safety, or welfare. Critical Infrastructure may include, but is not limited to:
• government buildings, including fire and rescue stations, police stations, transit facilities, jails, courthouses, public utility plant facilities including vehicle and equipment storage areas.
• hospitals, medical facilities, emergency care, urgent care, ambulance services, evacuation centers, food pantries.
• schools and Youth-Serving Facilities.
• water and wastewater facilities including treatment, pumping, generation, storage, and distribution facilities.
• power generating facilities.
• electrical facilities.
• structures, such as antennas, bridges, roads, train tracks, waterways, drainage systems, dams, levees; or systems, such as computer networks, public utilities, electrical wires, natural gas or propane pipes, telecommunication centers, or water sources including Blue Line Streams. • critical facilities, including transportation lifeline systems including airports, heliports and critical highways, roads, bridges and related transportation systems.
{CW130809.1}
• critical highways, roads, bridges and related transportation systems, as determined during hazard-specific evacuation planning.
• At-risk population centers including, without limitation, pre-schools, public and private primary and secondary schools, before and after school care centers with 12 or more students, daycare centers with 12 or more children, group homes, and assisted living or congregate care facilities with 12 or more residents.
• Hazardous materials facilities including, without limitation, any facility that could, if adversely impacted, release hazardous materials in sufficient amounts during a hazard event that would create harm to the people, environment or property. • Any facilities identified as Critical Infrastructure and facilities in the Calaveras County Multi-Jurisdictional Hazard Mitigation Plan 2021, and as may be amended, for the City of Angels.
"Encampment" means one or more Camp Facilities and/or Camping Paraphernalia being used, occupied, or stored on public property other than the use of a lawfully established public campground. Encampment specifically does not include an item or collection of items that reasonably appear to be for less than twelve-hour, daytime-only use, such as items brought to a park for a picnic, nap, or daytime party or gathering. "Facility" means a building, structure, equipment, system, or asset. “Flood Hazard Area” includes those areas encompassed by Federal Emergency Management Agency Flood Insurance Rate Maps (FEMA FIRM) designated as having a 1% or higher chance of experiencing a flood each year (i.e., areas other than those mapped as Zone X).
"Fire Severity Zones": California law requires the California Department of Forestry and Fire Protection (“CAL FIRE”) to identify areas based on the severity of the fire danger expected to prevail there. These zones or "zones" are based on factors such as fuel, slope, and fire weather. There are three zones according to the increased fire hazard:
medium, high and very high. See also “Wildfire Risk Area.” "Fire Prevention Official" means the Fire Chief, or designee. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of, foodstuffs. "Hazardous Waste" has the same meaning as in California Public Resources Code Section 40141.
"Infectious Waste" has the same meaning as in California Code of Regulations, Title 14, Section 17225.36.
"Refuse" includes Garbage and rubbish.
{CW130809.1}
"Solid Waste” or “Solid Wastes" includes all putrescible and non-putrescible solid and semisolid wastes, such as Refuse, Garbage, rubbish, paper, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes and other discarded solid and semisolid wastes, and also includes liquid wastes disposed of in conjunction with solid waste disposal sites. "Wildfire Risk Area" means land that is covered with grass, grain, brush, or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by a fire code official or Fire Prevention Official. "Youth-Serving Facility" means child day care facilities, preschools, public or private primary or secondary schools, public libraries, and city playgrounds and parks.
8.50.030 Prohibited Activities
A. It is unlawful and a public nuisance for any person to store personal property, including Camp Facilities and Camp Paraphernalia; or to camp, sit, lie, sleep, or occupy Camp Facilities, or use Camp Paraphernalia in the following locations, except as otherwise provided by resolution of the city council:
Critical Infrastructure:
• Within fifty feet of Critical Infrastructure;
• Within fifty feet of a vehicular or pedestrian entrance or exit of Critical Infrastructure;
• On those portions of a right-of-way that are required by local, state, or federal law to be free of obstruction to first responders, including, but not limited to, members of law enforcement, fire prevention, or emergency medical services agencies;
• Areas designated as a Fire Severity Zone;
• Areas designated as a Flood Hazard Area;
• In a public right-of-way;
• In such a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, Pub. L, No. 101-336, 104 Stat. 328 (1990), as may be amended from time to time;
• In a manner that blocks or impedes access to city-owned or leased equipment or buildings, or impedes city staff from performance of inspection, maintenance, or repairs of city-owned property;
{CW130809.1}
• No person shall camp, sit, lie, sleep, or store their belongings within fifty feet of any fire hydrant, or other fire department connection; or • No person shall camp, sit, lie, sleep, or store their belongings within fifty feet outside a designated facility that provides shelter, safe sleeping, or safe parking to homeless persons or that serves as a homeless services navigation center.
B. To protect the health and safety of schoolchildren, no person shall camp, sit, lie, sleep, or store their belongings in or upon any public street/highway, bike path, pedestrian path, green belt, median island, alley, sidewalk, crosswalk or other public place or way open for pedestrian or vehicular travel in or within two hundred fifty (250) feet of a Youth-Serving Facility at any time.
C. No person shall camp, sit, lie, sleep, or store their belongings in or upon any public street/highway, bike path, pedestrian path, green belt, median island, alley, sidewalk, crosswalk, or other public place or way open for pedestrian or vehicular travel that has signage prohibiting such activities. The city council may designate a section of the public right-of-way as prohibiting such activities under this section if a section of the right-of-way poses a particular and ongoing threat to public health or safety. Such circumstances may include but are not limited to: (i) the death or serious bodily injury of any person at the location due to a hazardous condition; (ii) repeated serious or violent crimes at the location; or (iii) the occurrence of fires that resulted in a fire department response to the location.
For each such location, a prohibition pursuant to this subdivision shall be effective for a period of time specified in the resolution, but not to exceed one year.
D. Nothing in this chapter is intended to prohibit or make unlawful the activities of an owner of private property or other lawful user of private property that are normally associated with and incidental to the lawful and authorized use of private property for residential or other purposes; and nothing is intended to prohibit or make unlawful the activities of a property owner or other lawful user if such activities are expressly authorized by Title 17 of the Angels Municipal Code orby federal, state, or local laws, ordinances, and regulations.
E. The provisions of this section do not prohibit a person from sitting or standing in a public place if:
1. Such person is viewing a legally conducted parade or similar permitted temporary event; or
2. Such person is seated for less than one hour on a bench lawfully installed for such purpose.
{CW130809.1}
3. Such person is engaged in maintenance, repair, or construction activity on behalf of a governmental entity or a public utility.
8.50.040 Abatement
A. Any violation of Section 8.50.030 may result in abatement of an occupant's personal property after providing the occupant with no less than twenty-four (24) hours’ written notice that the occupant's Camp, Camp Paraphernalia, or Camp Facility is located in or on a designated Critical Infrastructure, Fire Severity Zone, or Flood Hazard Area.
B. Summary abatement without prior notice is warranted when conditions or violations are so severe that immediate action is required to prevent the serious threat of harm.
C. Prior to directing a person to remove Camp Facilities or prior to removing the Camp Facilities, the enforcing employee shall offer information to the occupant(s) regarding any available housing or shelter and other health and human services that said employee reasonably believes are relevant to the occupant(s) and their individual circumstances.
D. Abatement in accordance with paragraphs A and B may include, but is not limited to, removal of Camp Facilities, Camp Paraphernalia, personal property, Garbage, Hazardous Waste, Infectious Waste, junk, or Refuse; and securing the perimeter of the property with fencing, gates, or barricades to prevent further occurrences of the nuisance activity.
E. Regardless of the city's authority to conduct abatement pursuant to this section, every owner, occupant, or lessee of real property, and every holder of any interest in real property, is required to maintain the property in compliance with the City of Angels Municipal Code, and applicable provisions of state and federal law; and is liable for violations thereof.
F. The cost of abatement, including all administrative costs of any action taken hereunder, may be assessed against the subject premises as a lien, made a personal obligation of the owner, or both, in accordance with procedures in Angels Municipal Code Sections 1.16, 1.17, 1.18 and 1.19.
G. Any lawful medication and valuable personal property shall be inventoried and maintained at an appropriate alternative location in the judgment of the enforcement officer, for at least seventy-two hours before other disposition, with notification provided to the apparent owner(s) as to retrieval procedures.
H. The abatement authority provided in this chapter shall be cumulative and in addition to any other procedures provided by the laws of the city or the state for the abatement of any of the conditions described in this chapter, and abatement pursuant to the provisions of this chapter shall not prejudice or affect any other action, civil or criminal, for the abatement of any such condition. {CW130809.1}
8.50.050 Interference/Interference with Abatement
In accordance with California Penal Code § 148, every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment to enforce this Chapter shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
8.50.060 Violation-Penalty
A. Violations of this chapter are hereby declared to be a public nuisance.
B. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal, civil, and administrative penalties pursuant to Angels Municipal Code Chapters 1.16, 1.17, 1.18, and 1.19.
C. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
D. Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter.
8.50.070 Ability to Pay Determination
A. Any fine issued pursuant to this Chapter will be accompanied with a notice of and instruction regarding the right to request an ability-to-pay determination.
B. If the requestor is receiving public benefits under Government Code § 68632, subdivision (a), or has a monthly income which is one hundred twenty-five percent (125%) or less than the current poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services, the requestor's administrative fine shall be waived and the violator shall instead be subject to:
(1) Completing community service in lieu of paying the total administrative fine; or
(2) Offered an alternative disposition.
C. Fine waiver and alternative disposition shall not be applicable to violators who have access to adequate temporary shelter but choose not to use it. {CW130809.1}
8.50.080 Enforcement
City officers and employees, including but not limited to (1) the City of Angels Police Department, (2) the City’s Code Compliance Division, (3) Public Works personnel, 4) City of Angels Fire Department or (5) other local law enforcement are authorized to administer and enforce this chapter.
The City Administrator or designee is hereby authorized to promulgate rules, protocols, and procedures for the implementation of this chapter.
8.50.100 Interpretation and Amendments to State Laws/ Relation to Other Laws A. Nothing in this chapter is meant to preempt or otherwise replace the enforcement of violations under the City of Angels Municipal Code or as otherwise permitted under law.
B. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
C. In enacting and implementing this chapter, the city is assuming an undertaking to promote the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
D. In the event that any California statute adopted or referred to in this Chapter is amended or succeeded by another enactment of the California Legislature, it shall be deemed such amendments shall be automatically deemed adopted as part of this Chapter as if fully set forth herein.
PLANNING
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 1 DATE: June 20, 2023
TO: City Council
FROM: Amy Augustine, City Planner
RE: AUTHORIZING A $60,000 CHANGE ORDERTO ADD A SECOND BATHROOM STALL IN
CONJUNCTION WITH THE CONSTRUCTION OF THE UTICA PARK BATHROOM
RECOMMENDATION
Approve the change order of $60,000 authorizing T&S West Inc. to add a second bathroom stall to the new Utica Park bathroom building.
BACKGROUND:
On April 4, 2023, the City Council awarded a $249,000 contract to T&S West to construct a new single-stall bathroom building at Utica Park. The single stall bathroom (ADA Accessible and gender neutral) is being paid for pursuant to the City’s $167,000 Community Development Block Grant Funding - CDBG-CV 2/3 and $82,000 of the City’s $3,000,000 Rural Recreation and Tourism Grant. All other Rural Recreation and Tourism Grant funds have been allocated to the park expansion.
Given the anticipated increased park use resulting from the park expansion and the age of the existing park bathrooms, staff is recommending that a second stall be added in conjunction with constructing the new single-stall bathroom. The addition will serve expanded park use. Adding the second stall in conjunction with current construction will realize a cost savings versus a future addition. The cost for the addition will be $60,000 (see Attachment A for specifications).
Resolution for change order for $60,000. (See Attachment B).
FISCAL IMPACT
The $60,000 project cost is included in the 2023/2024 FY Budget under General Fund Projects (115).
ATTACHMENTS
A. Proposed second stall addition to new Utica Park bathroom B. Resolution No. 23-59
7C
PLANNING
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
ATTACHMENT A
Proposed second stall addition to new Utica Park Bathroom CXT precast restroom unit for Utica Park.
The originally proposed restroom was the Ozark model, measuring 10.5' x 12' and was for a single room, single use facility. The Cortez model which we are now proposing is a double room, single use facility measuring 10.25' x 17'.
The new unit would have the same features as originally proposed:
• Stainless steel water closets and lavatories
• Paper towel dispensers
• Toilet seat cover dispensers
• Sanitary napkin disposal receptacles
• Door closers & hardware
• Anti- graffiti coating on the structure
With additional grading, subgrade preparation, AB placement and utility work, the total cost would be an additional $60,000.00.
CITY OF ANGELS
CITY COUNCIL
RESOLUTION 23-59
APPROVING CHANGE ORDER 1 FOR THE UTICA PARK BATHROOM
WHEREAS, on April 4, 2023, the City approved a construction contract for bathrooms at the Utica Park; and
WHEREAS, the is a need for a secondary bathroom stall; and WHEREAS City Council approved an additional $60,000 in the Fiscal Year 2023-24 to fund the additional costs; and
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Angels, State of California as follows:
1. Approves the Change Order of $60,000 for the second bathroom stall; and
2. Authorizes the City Administrator to sign the amendment and change order.
PASSED AND ADOPTED this 18th day of June, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk
HOME OF THE JUMPING FROG
Fire Department
CITY OF ANGELS PO Box 667, 1404 Vallecito RD. Angels Camp, CA 95222 P: (209) 736-4081 Home of the Jumping Frog • Angelscamp.gov
Date: July 18, 2023
To: City of Angels City Council
From: Nathan Pry, Fire Marshal/Deputy Chief
RE: Abatement approval of 3 parcels in violation of Chapter 8.10 City of Angels Camp Municipal Code Abatement of Weeds and Rubbish
Recommendation
Staff recommends City Council approved the abatement of APN 058-042-006 Lot #71, APN 058-062-008 Lot# 269, APN 058-066-010 Lot #98 in the Greenhorn Creek and Angel Oaks Subdivisions of Angels Camp.
Background
The Angels Camp Fire Department mailed notices to abate to the property owners of record according to the Calaveras County Tax Assessor on May 5, 2023. When no action had been taken by the property owner after 15 days, a citation and additional notice were sent to the property owner via certified mail. The second notice that was sent with the citation advised the property owner that the City intended to abate the property in violation at the owner’s expense should they fail to act within the additional 15 days. To date there has been no communication with the property owner and the parcel is still in violation of the City Municipal code and a threat to public safety. Copies of the notices mailed to the property owner as well as pictures of the property are attached for your review.
Finincial Impact
The Fire Marshal has reached out to vegetation management contractors in the area to estimate costs of abatement for this project. Estimates range from $800.00 to $2,000.00 depending on actual time on project.
Currently there is no fund established for abatement of properties, therefore we are asking for a budget amendment in the amount not to exceed $6,000.00 to bring this property into compliance with City Municipal code.
7D
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: July 18, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: CONDUCT A PUBLIC HEARING TO REVIEW THE PAST USE OF COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS (CDBG)
RECOMMENDATION:
Conduct the public hearing to review the past use of Community Development Block Grant Funds (CDBG) BACKGROUND:
20-CDBG-12021: The City received a total of $250,000.00 to plan for a new fire department in the City of Angels. These funds were spent on Design and Environmental requirements as well as a plan check and general administration.
DISCUSSION:
All projects have now been completed and funds have been exhausted and requested from the State for reimbursement. The City will disencumber $0. In keeping with CDBG regulations, the City met the low/mod area benefit for meeting a National Objective.
FINANCIAL IMPACT:
Received a total of $250,000.00
ATTACHMENTS:
Notice of Public Hearing
7E
CITY OF ANGELS
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the City Council of the City of Angels will conduct a Public Hearing at 6:00 p.m., or soon thereafter, on July 18, 2023 at Angels Camp Fire Department, 1404 Vallecito Road Angels Camp, Ca The agenda can be accessed at the City’s website https://angelscamp.gov/ or you can also access the meeting via Microsoft Teams at:
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Meeting ID: 259 054 873 390
Passcode: NRF287
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SUBJECT:
The City Council will conduct a public hearing to review the past use of funds and program performance for the Community Development Block Grant (CDBG) Program contract 20-CDBG12021. These funds with the State of California Department of Housing and Community Development require a review of the close-out documents (final products), and to solicit citizen input regarding the outcome and accomplishments of the funding received and expended under these programs. The activities were as follows:
20-CDBG-12021: The City received a total of $250,000.00 to plan for a new fire department in the City of Angels. These funds were spent on Design and Environmental requirements as well as a plan check and general administration.
All projects have now been completed and funds have been exhausted and requested from the State for reimbursement. The City will disencumber $0. In keeping with CDBG regulations, the City met the low/mod area benefit for meeting a National Objective.
Any member of the public may virtually participate in the meeting and be heard on the item described in this notice, or members of the public may submit written comments to the City Clerk prior to the meeting by personal delivery or by mail to: City Clerk’s Office, 200 Monte Verda St.
Suite B, Angels Camp, Ca 95222.
If you require special accommodations to participate in the public hearing, please contact the Clerk’s office at least 48 hours in advance of the meeting by calling (209)736-2181. If you are unable to attend the public hearing, you may direct written comments to the City of Angels, attention: City Clerk’s Office. 200 Monte Verda St. Suite B, Angels Camp, Ca 95222. All comments will be read at the meeting.
The City of Angels promotes fair housing and makes programs available to low and moderateincome families regardless of age, race, color, religion, sex, national origin, sexual preference, marital status, or physical disabilities.
.
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: July 18, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: CDBG AND THE FIRE STATION PROJECT
RECOMMENDATION:
Discussion and direction of next steps on the Fire Station Project.
CDBG Grant Continuance
The City of Angels Camp is required to hold a public hearing and receive public comment regarding the Community Development Block Grant (CDBG) Program and possible activities and projects to be considered for funding under the 2023 Notice of Funding Availability (NOFA) for an application and for possible Program Income funding for one or more applications. The information received during this public hearing will be reviewed and considered during the decision-making process to select programs and projects for this funding cycle and future funding opportunities.
The process includes the following:
1. Review the program and available funding options and staff recommendations
2. Open Public Hearing
3. Receive comments
4. Close Public Hearing
5. Discuss potential applications
6. Consider recommendations
7. Direct staff to prepare application
BACKGROUND:
CDBG
The State Department of Housing and Community Development (HCD) will publish a NOFA for the 2023 NonEntitlement CDBG funds in the coming weeks/month. Eligible applicants may submit applications for CDBG funds under the NOFA. Over the past several weeks the State CDBG program has provided training on the 2022 CDBG NOFA to review the program parameters of the program. Although the “official” NOFA has not yet been released, to meet the application deadlines and requirements, we are conducting the required outreach and public hearing to determine the best use of the funds.
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
Staff anticipates submitting an application under the 2023 NOFA (maximum of 2 activities but only one per category) and possibly an application for Program Income. The eligible activities under the 2023 CDBG NOFA may include the following up to the maximum of $3,250,000:
1. Public Service (maximum grant of $250,000), for one service. Examples include childcare, health care, recreation programs, fair housing counseling, drug and alcohol abuse counseling and testing, homeless services, food bank, senior services, and nutrition services benefitting low- and moderate-income persons.
2. Planning and Technical Assistance (maximum grant of $250,000 for one study/plan). The product must show a connection to assisting with an eligible CDBG activity that, if implemented, meets a National Objective.
Completed planning documents are submitted to the State at the time of completion. The grants may require match, in the past a $5,000 cash match to be expended prior to expenditure of CDBG funds – the NOFA will outline this final amount. Examples include studies, analysis, data gathering, preparation of plans, and identification of action that will implement plans, NEPA and environmental plans. • Housing Programs (maximum grant of $1,500,000 – OTC Activity):
Homeownership Assistance Program: assistance with down-payment or closing costs. Housing Rehabilitation Program for Single Family Homes: include repairs and improvements of owneroccupied units • Business Assistance or Microenterprise Assistance (maximum grant of $1,500,000 for either Business Assistance or Microenterprise Assistance – OTC Activity). Examples of Business Assistance include financing of working capital, furniture, equipment, and property repairs/improvements. Examples of Microenterprise include business training, financing of working capital, furniture, equipment, and property repairs/improvements. • Public Infrastructure (maximum grant of $3,250,000 – OTC Activity). Provides funding for all construction, project implementation, design, federal compliance and overlay requirements, environmental and other soft costs related to the project. Projects may include water, sewer, storm drain, sidewalks, roadways, wells, water storage tanks and other public infrastructure systems.
• Public Facility (maximum grant of $3,250,000 – OTC Activity). Provides funding for project equipment, construction of community/senior centers, homeless facilities, park and recreation facilities, fire stations, fire equipment, health facilities, and other public facilities that meet the national objective of the program.
DISCUSSION:
CDBG
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
The purpose of this public hearing is to solicit ideas and input from the general public, discuss staff recommendations and provide direction to staff on potential programs to include in the CDBG applications (NOFA and Program Income).
The application may include the following:
Maximum Award: $3,250,000
Maximum Activities: 2
Public Service: Up to $250,000 – not more than 1
Planning Grants: Up to $250,000 – not more than 1
OTC Activities: Up to $3,250,000 – may apply for 2
Other grant requirements include:
1. Activities should address serious health & safety needs
2. Activities should primarily benefit lower income households (defined as at or below 80% of the median income)
3. Applicants must demonstrate capacity to complete the project within the grant term (36 months)
4. OTC projects and programs must be ready to bid or implement the program within 90 days of contract execution
5. Single audit must be completed and submitted
6. Housing Element must be up to date with HCD
7. Sam.Gov registration must be active
The $250,000 CDBG grant was used to pay for the initial plans for the firehouse. These plans focused entirely on Phase 1, which was a limited firehouse due to funding restrictions. Additionally, CDBG would only permit a firehouse with no inclusion of Police, Council Chambers, community rooms, etc.
The City has several properties that have been reviewed for a potential safety campus and the current location of Police and the temporary City Hall building location was determined to be the best location.
Concerns about using CDBG are due to its restrictions and limitations. The grant of $3 million dollars will not fully fund Phase 1, requiring the City to identify additional funding from another source.
Additionally, the location is problematic for the following reasons:
• This location was originally intended to be the Public Works Corp Yard due to its central location. • This location have ingress issues off of Monte Verda and egress can occur onto Highway 4, but for emergencies only.
• There are concerns over PG&E easements
CITY HALL
Home of the Jumping Frog - Angelscamp.gov
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Due to the uncertainty of the funding, the concerns of the identified location, and the potential for better options, staff are recommending a review of all City locations, funding options, and a consolidated plan that would embody the current and future needs of the City, including Police, Fire, City Council, Community Access, and circulation. This would require a working group of key stakeholders: City Administrator, Fire Chief (or designee), Police Chief (or designee), Engineer, Planning, Public Works Superintendent, and a City Council member.
A recommendation based on this working group would return to City Council to adopt a plan forward. In the meantime, staff would continue to look for and apply for less restrictive funding sources that meet a wider need of the City.
FINANCIAL IMPACT:
None
ATTACHMENTS:
Notice of Public Hearing
NOTICE OF PUBLIC HEARING
FOR THE COMMUNITY DEVELOMENT BLOCK GRANT PROGRAM
The City of Angels Camp, City Council shall conduct a public hearing at 6:00pm or shortly thereafter, on July 18, 2023 at the Angels Camp Fire House at 1404 Vallecito Road Angels Camp 95222. The hearing is being called by the City Council for the purpose of soliciting citizen’s views to set priorities for the potential submission of a Community Development Block Grant (CDBG) application to the State Department of Housing and Community (HCD) in 2023.
Citizen participation is encouraged throughout the grant process, the requirements for which are explained in Section 7080 of the State CDBG program regulations.
The Community Development and Economic Development Allocations of the State CDBG program is published in a Notice of Funding Availability (NOFA) each program year. Although the NOFA has not been released yet, staff is estimating that approximately $44 million will be made available statewide based on HCD guidance. Under the Community Development Allocation, eligible cities and counties will be allowed to apply for a maximum of $3,250,000 for up to two activities. The NOFA will again include an “Over the Counter” (OTC) component for infrastructure, housing, and economic development, as well as a competitive component for planning and public services. The NOFA will also include Native American and Colonias Allocations. The Native American Allocation is only for areas of high concentrations of lowincome Native American residents, who are not part of a federally recognized Native American Indian tribe or Rancheria. The Colonias funding is only for designated communities within 150 miles of the Mexican-American border. The [city/county] also anticipates approximately [$enter amount] of CDBG Program Income to be received in the next year and will consider allocation of these funds and receive public comments for this funding during this meeting. s Eligible activities under the above allocations in the NOFA consist of the follow OTC categories:
public improvements, public facilities, homeownership assistance, housing rehabilitation, business assistance and microenterprise activities. The other options allowed are planning studies and public service programs. Eligible activities paid for with state CDBG funds must meet one or more of the three national objectives listed in CDBG federal statutes as follows: benefit to low-income households or persons; elimination of slums and blight; or meeting urgent community development need (a need from a state or federally declared disaster).
The purpose of this public hearing is to give interested citizens, civic organizations and groups an opportunity express their opinions and ideas for the upcoming CDBG NOFA. Any proposed application to HCD will hold a separate meeting before its submission to afford citizens an opportunity to examine its contents and submit comments on it.
The City promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual preference, marital status or handicap. If you need special accommodations to participate in the public hearing please contact Rose Beristianos at 209-736-2181 ext 105/ TTY: 1-800-867-4323.
A public information file, including the annual reports and the State regulations, will be available at City Hall Administrative Office during normal working hours. Written comments by residents are invited in addition to comments at the public hearing. Please mail to: CDBG, City of Angels, Rebecca Callen PO Box 667 Angels Camp, CA 95222
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: July 18, 2023
TO: City Council
FROM: Rose Beristianos, City Clerk
RE: APPROVAL OF EMPLOYMENT AGREEMENT WITH REBECCA CALLEN FOR CITY
ADMINISTRATOR POSITION AS NEGOTIATED
RECOMMENDATION:
Staff recommends the City Council consider and approve the proposed employment agreement with Rebecca Callen as the City of Angels, City Administrator as negotiated, based on performance evaluation.
BACKGROUND:
On May 16, 2023 the Council completed a public employment performance evaluation on her knowledge, experience, administrative skill and abilities. Rebecca Callen received a satisfactory of four (4) or higher.
DISCUSSION:
Council negotiated a new contract to begin July 1th, 2023 through June 30th, 2026.
FINANCIAL IMPACT:
Ms. Callen’s salary will be $149,749.60 for fiscal year 2023/24 ATTACHMENTS:
Employment Agreement for City Administrator
7G
{CW130825.1}
CITY OF ANGELS CAMP_
CITY ADMINISTRATOR EMPLOYMENT AGREEMENT 07.18.2023
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 18th day of July, 2023, by and between the City of Angels, a California municipal corporation (“City”), and Rebecca Callen, an individual (“Employee”). City and Employee may individually be referred to herein as “Party” or collectively as “Parties.” There are no other parties to this Agreement.
RECITALS
A. Employee has served in the position of City Administrator (“City Administrator”) since February 2022.
B. City, acting by and through the City of Angels City Council (“City Council”) has evaluated Employee’s knowledge, experience, administrative skills and abilities, and desires to continue to employ Employee as City Administrator pursuant to the terms of this Agreement.
C. The Parties desire to execute this Agreement pursuant to the authority of and subject to the provisions of California Government Code sections 53260 and 36506.
NOW, THEREFORE, in consideration of the mutual covenants entered into between the Parties and in consideration of the benefits that accrue to each, it is agreed as follows:
AGREEMENT
Section 1. Recitals. The recitals set forth above (“Recitals”) are incorporated herein by this reference and made a part of this Agreement. In the event of any inconsistencies between the Recitals and Sections 1 through 15 of this Agreement, Sections 1 through 15 will prevail.
Section 2. Effective Date. This Agreement shall be retroactively effective to July 1st, 2023, provided it has been executed by both the City and Employee (“Effective Date”).
Section 3. Appointment of City Administrator, Duties and Term.
3.1. Appointment of City Administrator and Duties. Employee shall serve as City Administrator under the terms of this Agreement and shall be vested with the powers, duties, and responsibilities set forth in Chapter 2.08 of the Angels Municipal Code (“MC”), the City Administrator Job Description, the City Personnel Policy, Rules, and Regulations (as may be amended from time to time) and under applicable California law. Employee shall further perform the functions and duties specified under the laws of the State of California, the MC, the then current ordinances and resolutions of the City, and such other duties and functions as the City Council may from time-to-time assign. The City Council may also designate Employee as the chief executive of other City-related legal entities, such as a redevelopment agency, financing authorities, or joint powers authorities.
3.2. Employee’s Obligations. Employee agrees to comply with all other applicable laws, ordinances, regulations, and City rules and policies. Employee further agrees that Employee {CW130825.1}
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shall devote Employee’s productive time, abilities, and attention as necessary to the full accomplishment of Employee’s duties and the City’s business needs. Accordingly, Employee shall not hold secondary employment or engage in activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests. As such, Employee agrees that Employee will notify the City Council in writing if Employee wishes to accept secondary employment sufficiently in advance to allow the City Council to determine whether there is the appearance of, or an actual conflict or potential conflict with the satisfactory performance of Employee’s duties and/or the best interest of the City. Should the City Council make such a determination, Employee agrees that Employee will forgo the proposed secondary employment. Notwithstanding the foregoing, Employee shall have the right to volunteer for such nonprofit organizations as Employee may see fit, provided that such volunteer services shall not interfere with Employee’s duties on behalf of the City.
Employee’s initial duties shall be as shown in the job description attached as Exhibit A. Employee shall perform Employee’s duties and responsibilities under this Agreement pursuant to the laws of the State of California and applicable City municipal codes and resolutions. Employee understands that Employee’s duties may be amended from time to time by the City, as necessary to meet the City’s needs. No modification or change in Employee’s responsibilities, duties, or position shall otherwise change or revoke any other provision of this Agreement.
3.3. Exempt Employee. The general business hours for City employees are Monday through Friday, 8:00 a.m. to 4:00 p.m. However, it is recognized by the Parties that Employee is an exempt employee for purposes of the Fair Labor Standards Act of 1938 (29 U.S.C., § 201 et seq.). As such, Employee acknowledges that Employee shall not receive overtime or extra compensation for hours worked outside of the City’s general business hours which are necessary to fulfill the duties of the City Administrator’s position, unless otherwise provided in this Agreement.
3.4. Hours of Work. The position of City Administrator is an exempt position. As such, Employee shall not have set hours of work, as the City Administrator is expected to be reasonably available at all times and work such hours as may be necessary to the full accomplishment of Employee’s duties. Employee shall spend as much time at City offices during regular business hours as is possible given Employee’s other job responsibilities such as interagency and offsite meetings, advocacy and representation of the City, professional development, and other official duties. Employee’s schedule shall be arranged to meet the needs of the City and to allow Employee to satisfactorily perform Employee’s duties and responsibilities.
It is recognized that the City Administrator must devote additional time outside normal office hours to the business of the City, and to that end, Employee’s work schedules each day and week shall vary in accordance with the work required to be performed. Employee’s performance will be evaluated on accomplishments, not hours worked. For purposes of utilizing leave balances, Employee’s work schedule shall be based upon a forty (40) hour work week and not an eight (8) hour day.
3.5 Term. The initial term of this Agreement shall be for three (3) years commencing on July 1, 2023 (“Term”), and shall continue through June 30, 2026, unless terminated earlier by {CW130825.1}
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either Employee or the City in accordance with the provisions of Section 11 of this Agreement, or as required by law. The City Council in its sole discretion may elect to extend this Agreement from time to time in increments of at least one (1) year. No later than three (3) months prior to the expiration of the Term, Council shall provide written notice to Employee as to whether Council intends to extend the Term. If no notice of intent to terminate is provided, the Agreement shall continue for an additional one-year period.
Section 4. At-Will Employment.
4.1. At Will. Employee is an at-will employee serving at the pleasure of the City Council, with no set duration of employment, as provided in Government Code section 36506.
Accordingly, as set forth in Section 11 of this Agreement, Employee’s employment may be terminated at any time, with or without cause.
Unless otherwise specified in this Agreement, Employee shall be bound by all the policies, rules, and regulations of City now in force and effect applicable to Employee’s position, and by all such other applicable policies, rules, and regulations as may be hereafter implemented and called to Employee’s notice and will faithfully observe and abide by the same. No such policy, rule, or regulation shall alter, modify, or revoke Employee’s status as an at-will employee or any other provision of this Agreement.
4.2. No Property Right in Employment. Employee understands and agrees that the terms of Employee’s employment are governed solely by this Agreement and an MOU, if any, which the City deems applicable by its terms to Employee’s position as City Administrator.
Employee further understands and agrees that this Agreement does not confer a right of employment for any specified term and that Employee is not entitled to due process for any disciplinary action under the City’s personnel policies and rules, including termination, unless such process is provided pursuant to the terms of an MOU, if any, which the City deems applicable to Employee’s position as City Administrator.
Section 5. Compensation and Evaluations.
5.1. Base Salary. City agrees to pay Employee an annual salary (“Base Salary”) which shall be payable in installments at the same time as other City employees are paid. Employee shall be eligible for salary increases annually, as determined by the City Council per MC section
2.08.020, this Agreement, and any applicable City policy.
Upon execution of this Agreement and City Council’s approval, Employee’s current Base Salary of One Hundred Thirty-Six Thousand, One Hundred Thirty-Six Dollars and Zero Cents ($136, 136.00) will be increased. Employee shall receive a ten percent (10%) increase to her current Base Salary to be retroactive to the Effective Date of this Agreement as follows:
• A cost-of-living increase in the amount of four and two/tenths percent (4.2%), which reflects the All-Urban Consumer Price Index for the San Francisco-Oakland-Hayward Area ("CPI") increase for April 2023; and
{CW130825.1}
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• A salary increase in the amount of five and eight /tenths percent (5.8%), bringing her Base Salary to One Hundred Forty-Nine Thousand Seven Hundred Forty-Nine Dollars and Sixty Cents ( $149,749.60).
Employee acknowledges that the Base Salary may be subject to a pro-rata decrease should Council adopt an unpaid Mandatory Furlough Plan applicable to other similarly situated full-time exempt employees as a budgetary measure.
5.2. Review and Evaluation/Annual Increase. City Council will review and evaluate Employee’s performance annually, generally around June of each year and at other times the Council deems appropriate in its discretion.
Beginning in calendar year 2024, provided Employee has received a performance rating of average or above by City Council, Employee’s Base Salary will be increased in accordance with increases, if any, in the All-Urban Consumer Price Index for the San Francisco-Oakland-Hayward Area (“CPI”). Any increase in Employee’s Base Salary as a result of an increase to the CPI will be rounded up to the nearest dollar; provided, however, such CPI based increase shall not exceed five percent (5 %) in any single calendar year. Any increase in Base Salary shall be based on the April CPI (released every year in May) and shall become effective on July 1 of each year. The Council may also provide other increases in salary and/or benefits as they deem appropriate based on Employee’s performance, which will not require an amendment of this Agreement.
5.3. Benefits. During the term of this Agreement, unless otherwise specified, Employee shall be entitled to participate in medical, dental, and vision coverage under City maintained group plans provided by the California Public Employee Retirement System (CalPERS) and will be eligible to receive these and other benefits, including but not limited to vacation, sick leave, retirement, paid holidays, management leave and longevity pay on the same terms and conditions as similarly situated full-time exempt employees, in accordance with applicable provisions of City Personnel Rules, policies, regulations, and/or an MOU, if any, which the City deems applicable by its terms to Employee’s position as City Administrator. The current Schedule of Benefits is attached to this Agreement. Employee acknowledges that the level of benefits and/or the portion of premiums paid by the City is subject to change and that benefits under this Agreement as set forth in the Schedule of Benefits may be modified to comport with any change in the level or cost of benefits the City applies to similarly situated full-time exempt employees. Employee further acknowledges that all benefits to which Employee may be entitled shall be accrued and administered in accordance with applicable City Personnel rules, policies, and regulations and/or an MOU, if any, which City deems applicable by its terms to Employee’s position as City Administrator.
Section 6. Automobile Expenses. If it is necessary for Employee to use a personal vehicle for City business and City-related business, such as conferences and meetings, Employee shall be reimbursed at the then current allowable IRS mileage rate. Employee shall be responsible for paying the cost of liability, property damage, and comprehensive insurance in conformance with policy as may be established by the Risk Management Authority. Employee shall have the City named as an additional insured on any insurance policy Employee maintains on automobiles used while travelling for City business.
{CW130825.1}
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Section 7. General Expenses. City recognizes that certain job-related expenses will be incurred by Employee and City hereby agrees to reimburse or to pay said general expenses in accordance with MC section 2.08.100 and City policies. The Finance Director (or designee) is hereby authorized to disburse such monies upon receipt of duly executed invoices, petty cash vouchers, receipts, statements, or other appropriate documentation.
Section 8. Cell Phone Allowance. City will provide Employee with stipend of Forty Dollars ($40.00) per month to use towards the cost of, and in lieu of a City provided cellular phone.
Section 9. Dues and Subscriptions. City agrees to budget and pay for the professional dues and subscriptions of Employee as needed for the continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for Employee’s continued professional participation, growth, and advancement, and for the good of the City, including but not limited to, League of California Cities (LCC) and the International City/County Management Association (ICMA), subject to the terms set forth in Section 7 of the Agreement.
Section 10. Professional Development.
10.1. Travel Expenses. City hereby agrees to budget and pay for travel and subsistence expenses of Employee for necessary professional and official travel, meetings, and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for City, subject to the terms set forth in Section 7 of this Agreement and provided Employee seeks prior authorization for such expenses from the Council.
10.2. Courses and Seminars. City also agrees to pay for the cost of enrollment, tuition, fees, travel, and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for Employee’s professional development and for the good of the City, subject to the terms set forth in Section 7 of this Agreement and provided that Employee seeks prior approval from the Council for such expenses.
Section 11. Termination of Employment and Severance.
11.1. Voluntary Resignation. Employee may resign at any time and agrees to give the City at least thirty (30) calendar days advance written notice of the effective date of the Employee’s resignation unless the Parties otherwise agree in writing. If the Employee retires from full-time public service with the City, the Employee shall provide ninety (90) calendar days advance written notice. The Employee’s actual retirement date will be mutually established between the Parties.
During the notice period, all rights and obligations of the Parties under this Agreement shall remain in full force and effect. Promptly after the effective date of resignation or retirement, the City shall pay to Employee all salary and benefit amounts accrued and owing under this Agreement.
11.2. Termination by City Council. City and Employee intend that the provisions of Section 11 of this Agreement shall control the process whereby Employee’s employment may be terminated. Accordingly, the Parties hereby voluntarily waive the provisions of MC 2.08.130 {CW130825.1}
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relating to removal/dismissal of Employee and agree that the provisions of Section 11 of this Agreement shall govern termination of Employee’s employment.
The City may, with or without cause, terminate this Agreement and Employee’s employment with the City at any time. The removal of Employee as City Administrator shall be effectuated by a majority vote of the whole Council as then constituted, convened in a regular Council meeting.
Employee shall be provided a written notice setting forth the reasons for such termination. City shall tender Employee all final wages due and owing as well as accrued and unused vacation and management leave through the termination date within a reasonable time, in accordance with standard City practice and this Agreement.
11.3 Termination Without Good Cause/Severance. If City terminates Employee’s employment and this Agreement without good cause as defined in Paragraph 11.5 below, Employee shall no longer be entitled to accrue any pay, other compensation of any sort, or benefits after the date of termination. If City terminates Employee’s employment and this Agreement without good cause, as defined in Paragraph 11.5 below, within the first year of employment as City Administrator, Employee shall not be eligible for severance in any amount whatsoever.
However, if City terminates Employee’s employment and this Agreement without good cause, as defined in Paragraph 11.5 below, after Employee has been continuously actively employed as City Administrator for one (1) year, City shall pay severance to Employee in an amount equal to six (6) months of Employee’s then current Base Salary, provided that Employee executes a general release of claims in favor of the City in a form acceptable to the City. Severance shall be paid at Council’s discretion either in a single lump sum or in equal installments on regular City paydays over six (6) months’ time, or such other time frame as the Parties agree upon.
Any cash settlement related to the termination of this Agreement received by Employee from City shall be fully reimbursed to the City if Employee is convicted of a crime involving an abuse of Employee’s office or position while employed with City Pursuant to Government Code section 53243.2. In the event City terminates this Agreement, Employee shall be entitled to continued medical and dental benefits at Employee’s cost pursuant to the provisions of the federal Consolidated Omnibus Budget Reconciliation Act (“COBRA”).
11.4 Termination for Good Cause. If Employee is terminated for good cause as defined in Paragraph 11.5 below, Employee shall not be entitled to any severance whatsoever and City shall have no obligation to Employee beyond payment of all wages, including accrued and unused vacation due and owing for all hours worked as of Employee’s last day of employment and any other obligation which City may be required to provide under federal or state law.
In the event Employee is terminated by the City Council for misconduct which has been publicly disclosed and could stigmatize Employee’s reputation or impair Employee’s ability to earn a living, Employee may, within ten (10) calendar days, make a written request for a “name-clearing” hearing (as described in Lubey v. City and County of San Francisco (1979) 98 Cal.App.3d 340, and its progeny) before the City Council. Any such “name-clearing” hearing will be held solely to provide Employee an opportunity to clear Employee’s name. The City Council shall use its sole discretion and its action shall be final and shall not depend upon any particular showing or degree {CW130825.1}
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of proof at the hearing; the purpose of which is solely to allow Employee to present Employee’s grounds of opposition to the allegations in the notice of termination.
The City Council may determine whether the allegations in the notice of termination are supported.
If the City Council determines that the allegations are not supported, a decision shall be issued to reflect that the Employee’s termination was without fault. Such a decision, however, will not require that Employee be reinstated. The hearing shall take place at a regularly scheduled City Council meeting and held in accordance with the City’s standard practice and any applicable provisions of state law. The decision whether to terminate the City Administrator shall be made by a majority vote of the whole City Council as then constituted in closed session and reported out of closed session as required by the California Government Code.
11.5 Good Cause - Defined.
“Good Cause,” for purposes of this Agreement, means a fair and honest cause or reason for termination. These reasons include, but are not limited to:
1. Conviction of a felony;
2. Disclosing confidential information of City;
3. Gross carelessness or misconduct;
4. Unjustifiable and willful neglect of the duties described in this Agreement;
5. Mismanagement;
6. Failure to perform duties to the standard set by the City;
7. Any conduct which violates the City’s Personnel Rules, or other City policies, rules, or regulations for which a City employee may be terminated;
8. Repeated and protracted unexcused absences from the City Administrator’s office and duties;
9. Willful destruction or misuse of City property;
10. Conduct that in any way has a direct, substantial, and adverse effect on the City’s reputation;
11. Willful violation of federal, state, or City discrimination laws;
12. Substance abuse which adversely affects the performance of Employee’s duties as City Administrator and/or reporting to work while under the influence of alcohol or any drug (whether or not Employee has a valid prescription) which impairs, or has the potential to impair, Employee in the performance of Employee’s duties; {CW130825.1}
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13. Refusal to take or subscribe any oath or affirmation which is required by law;
14. Disability that renders Employee unable to perform the essential functions of her job with or without reasonable accommodation which places an undue burden on the City;
15. Dishonesty;
16. Discourteous treatment of the public or other employees;
17. Engaging in other employment or activities which conflict with, or present the appearance or possibility of conflicting with, City’s legitimate business interests; and
18. Failure to comply with any of Employee’s obligations as set forth in this Agreement.
Notwithstanding any provision in this Agreement to the contrary, the City Council may place Employee on investigatory leave with or without pay at any time during the Term of this Agreement. However, pursuant to Government Code section 53243, Employee shall fully reimburse City for any pay provided for that purpose if Employee is convicted of a crime involving an abuse of Employee’s office or position.
Section 12. Indemnification. City shall defend, hold harmless, and indemnify Employee against any tort, personnel, civil rights or professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee’s duties as City Administrator in accordance with California’s Tort Claims Act (Government Code section 825 et seq.), and shall provide a defense to Employee in accordance with Government Code sections 995 through 996.5. The City may decline to defend or indemnify Employee only as permitted by the Government Code. City may compromise and settle any such claim or suit and pay the amount of any resulting settlement or judgment; provided, however, that the City’s duty to defend and indemnify shall be contingent upon Employee’s good faith cooperation with such defense. In the event City provides funds for legal criminal defense pursuant to this section, Employee shall reimburse City for such legal criminal defense funds if Employee is convicted of a crime involving an abuse of office or position, as provided by Government Code sections 53243 through 53243.4.
Section 13. Bonding. City shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance.
Section 14. Notices. Any notice or communication required hereunder between City and Employee must be in writing, and may be given either personally, by facsimile (with original forwarded by regular U.S. Mail), by registered or certified mail (return receipt requested), or by Federal Express, UPS, or other similar couriers providing overnight delivery. If personally delivered, a notice shall be deemed to have been given when delivered to the Party to whom it is {CW130825.1}
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addressed. If given by facsimile transmission, a notice or communication shall be deemed to have been given and received upon actual physical receipt of the entire document by the receiving Party’s facsimile machine. Notices transmitted by facsimile after 5:00 p.m. on a normal business day or on a Saturday, Sunday, or holiday shall be deemed to have been given and received on the next normal business day. If given by registered or certified mail, such notice or communication shall be deemed to have been given and received on the first to occur of (a) actual receipt by any of the addressees designated below as the Party to whom notices are to be sent, or (b) five (5) days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If given by Federal Express or similar courier, a notice or communication shall be deemed to have been given and received on the date delivered as shown on a receipt issued by the courier. Any Party hereto may at any time, by giving ten (10) days written notice to the other Party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the Parties at their addresses set forth below:
If to City: City of Angels
ATTN: City Clerk
P.O. Box 667
200 Monte Verde Street, Ste. B
Angels Camp, California 95222
and White Brenner LLP
ATTN: Douglas L. White
1414 K Street, 3rd Floor
Sacramento, California 95814
If to Employee: Rebecca Callen
P.O. Box 667
200 Monte Verde Street, Ste. B
Angels Camp, California 95222
w/cc: home address on file with City Administrative Services Section 15. General Provisions.
15.1. Modification of Agreement. This Agreement may be supplemented, amended, or modified only by a writing signed by the City and Employee.
15.2. Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the Parties and supersedes all other prior or contemporaneous oral or written understandings and agreements of the Parties. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement.
{CW130825.1}
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15.3. Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any section of this Agreement to be illegal, unenforceable, or invalid for any reason, the validity and enforceability of the remaining sections of this Agreement shall not be affected.
15.4. Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states, or firms and that all former requirements necessary or required by the state or federal law in order to enter into this Agreement have been fully complied with.
Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other contract or agreement to which such Party is obligated, which such breach would have a material effect hereon.
15.5. Headings. The headings in this Agreement are included for convenience only and neither affect the construction or interpretation of any section in this Agreement nor affect any of the rights or obligations of the Parties to this Agreement.
15.6. Necessary Acts and Further Assurances. The Parties shall, at their own cost and expense, execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.
15.7. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California.
15.8. Waiver. No covenant, term, or condition or the breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.
15.9. Counterparts. This Agreement may be executed in counterparts, and all so executed shall constitute an agreement which shall be binding upon the Parties hereto, notwithstanding that the signatures of all Parties and Parties’ designated representatives do not appear on the same page.
15.10. Venue. Venue for all legal proceedings shall be in the Superior Court of the State of California, in and for the County of Calaveras.
{CW130825.1}
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15.11. Attorney’s Fees and Costs. If any action at law or in equity, including action for declaratory relief, is brought to enforce or interpret sections of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which such Party may be entitled.
IN WITNESS WHEREOF, this Agreement has been entered into by and between Employee and City as of the date of the Agreement set forth above.
CITY:
City of Angels Camp, a California
Municipal Corporation
By:
Jen Herndon, Mayor
Date:
Approved as to Form and Content:
EMPLOYEE:
Rebecca Callen
Rebecca Callen
Date:
By: _________________________
Douglas White, City Attorney
Date:____________________
{CW130825.1}
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City Administrator Schedule of Benefits
Rebecca Callen
Per Paragraph 5.3 of Employment Agreement
1. Leave. Employee shall receive the following leave time:
A. Vacation. Vacation accrual shall begin on the first day of the first full month of employment. Employee shall accrue vacation at the rate of ten (10) days or eighty (80) hours per year. Accrual shall be capped at one hundred fifty percent (150%) of Employee’s annual accrual. Unless otherwise specified in this Agreement, vacation accrual, use, and payout shall be administered in accordance with any applicable provisions of City Personnel policies, rules, and regulations and/or an MOU, if any, that the City deems to be applicable to Employee’s position as City Administrator. Upon separation from the City, Employee shall be paid for any accrued and unused vacation.
B. Management Leave. It is recognized that Employee must devote a great deal of time outside of normal business hours to City business as City Administrator. To that end, Employee shall receive one hundred twenty (120) hours of Management Leave at the beginning of each fiscal year, to be used as needed, upon approval by the City Council. Unless otherwise specified in this Agreement, accrual and use of Management Leave shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.
In the first year of this Agreement, Employee will be credited a prorated amount of Management Leave which equals sixty (60) hours for the remainder of the fiscal year. Any unused Management Leave expires on June 30 of each fiscal year and shall not be paid out or carried over year to year.
C. Sick Leave. During the term of this Agreement, Employee shall accrue sick leave at the annual rate of ninety-six (96) hours per year. Accrual shall begin on the first day of the first full month of employment. Employee shall not accrue more than ninety (90) days, or seven hundred twenty (720) hours, of sick leave. Employee acknowledges that City may require a note from a health care provider certifying the need for sick leave for absences in excess of three (3) days. Unused sick leave will not be paid upon Employee’s separation from City. Unless otherwise specified in this Agreement, accrual and use of sick leave shall be administered in accordance with any applicable provisions of City personnel policies, rules, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.
D. Other Leave. Employee shall be entitled to other leaves of absence, as provided by City policies and/or required by law, to the same extent as other similarly situated full-time exempt employees, in accordance with the City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator.
2. Holidays. Employee shall be entitled to observe with pay all holidays as approved by the City Council for similarly situated full-time exempt employees, in accordance with the {CW130825.1}
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City's Personnel Rules, policies and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. The City currently provides fourteen (14) paid holidays, which results in one hundred twelve (112) hours of holiday pay.
3. Health Insurance. Employee shall be eligible to participate in medical, dental, and vision coverage under City maintained group plans provided by the California Public Employee Retirement System (CalPERS) under the terms and conditions of those plans, on the same terms and conditions as similarly situated full-time exempt employees. Employee acknowledges that the plans offered, the level of benefits and/or the portion of premiums paid by the City may be subject to change. City will endeavor to give Employee thirty (30) days’ notice of any change in benefits, coverage, or premium cost. Employee may, at Employee’s option, elect to opt out of City provided health insurance and, in lieu of insurance, may receive a cash payment of Two Hundred Fifty Dollars ($250.00) per month, provided Employee presents proof of alternate insurance.
4. Other Insurance. Employee shall be eligible to participate in other City sponsored insurance plans (e.g., long-term disability, life insurance) to the same extent as other similarly situated full-time exempt employees, in accordance with the terms of those plans.
5. Retirement. The City shall provide the Employee with the California Public Employee Retirement System’s (CalPERS) Two and Seven Tenths’ Percent (2.7%) at Fifty-Five (55) Benefit Formula, pursuant to the contractual provisions between the City and CalPERS.
Employee shall pay eight percent (8%) of Employee’s salary to fund the employee share of the pension.
6. Longevity Pay. Employee may be eligible for Longevity Pay after ten (10) years of continuous full-time employment with the City, in accordance with the City's Personnel Rules, policies, and regulations and/or an MOU, if any, that City deems to be applicable to Employee’s position as City Administrator. Longevity pay shall be added to Employee’s base salary.
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 DATE: July 13, 2022
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: NEWS AND NOTES FOR THE MONTH OF JUNE 2023
RECOMMENDATION
No action is required.
DISCUSSION
This is a look back at the efforts of the City Staff and any notable activities impacting the City and its community.
Administration Update
The City and the GHC LLD Landscape Maintenance Contractor agreed to go our separate ways. A new RFP was issued, and a new Landscape Contractor was selected. Due to several unfortunate events, the prior contractor could not fulfill their contracted requirements. The new contractor works well with the LLD Committee, and I see some much-needed improvements. The GHC LLD has been updating its website, meeting regularly, and staying in close contact with City Hall to ensure that the activities of the LLD stay aligned with the Engineer’s Report and the legal requirements as laid out in the 404 Permit.
Long-standing resident, former City Council Member, and Museum Foundation member Joe Oliveira is moving out of the area. We want to thank him for serving our community and wish him well in his next chapter.
After over a year of planning and investment, Department Heads now have access to VPN. This ensures seamless access to vital City records while securing our server access from threats. This was a huge effort given the lack of access for years, causing staff to get creative in saving records. Now we have
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 developed a more comprehensive process to ensure all records get saved, backed up, and are accessible as needed.
The Finance Director and I are continuing to identify needed requirements and policies, and she will continue to bring forward those as we vet them against best practices using GFOA and GASB standards.
After just over a year of being with the City, Michelle has dedicated herself to diving in, allowing me to pull back from fiscal operations, which is a nice evolution.
I am continuing conversations with Caltrans on downtown lighting, safety crosswalk improvements, the Complete Streets project, the SR4 and 49 Improvement Project, Foundry Lane, and many more. The City has moved essential projects on our website to be more easily accessed. Just go to angelscamp.gov and use the dropdown from City Hall and select Projects. We are keeping these as up to date as we receive information.
Farmers Market is a HUGE success at the Museum. The attendance is higher than when it was at the park, and that is not just due to the venue but to dedicated volunteers and leadership from ACBA to put together one of the most successful markets to date. This has also benefitted the Museum with increased attendance, directly stating “they had never been to the Museum until the Farmers Market,” the grounds are so impressive that they had to come back! The Utica Park demo is still occurring. Completion of this step is at the end of July. Staff are meeting with Boyer Construction to discuss cost-effective options to ensure the ability to incorporate ALL park components per grant requirements. A rough draft site plan for discussion and direction will be available for public consumption sometime in early August. Additionally, community members want to donate trees when we reach those steps. I would urge anyone in the community interested in donating any time, materials, or money to the landscape efforts to please contact us. We will gladly accept any of it.
Safety Sign RFP is out, and we are getting much traction on this project. About half of the signs require replacement, which will be grant funded. We close on July 17th and will be awarded in August, with the project to be completed before December. The focus of this is to ensure public safety. Most signs are failing on the reflectivity. Replacing them ensure responders can find them, night, and day. iWorQ is running for Business Licenses, Building and Planning Permits, and Code Compliance. All portal links can be found on the City Home Page. If you get any questions on these topics, please refer them to City Hall or our City Website. Everything you need to know about how to, what, when etc. is on our
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 website, available in City Hall, and now with the portal, people who still need to get a simple permit can go on the portal, submit, pay, and schedule inspections in a fraction of the time.
I am regularly working with the County on any complaints of homeless individuals. They are sending staff to align resources to their needs and have rehoused three individuals out of the county. We are succeeding on many fronts, and some are more difficult than others. Please recall that the 9th Circuit Court ruled that many enforcement actions violate an unhoused individual’s civil rights. We walk a fine line; our priority is getting them help.
I urge people in the public to start urging them to accept resources offered by those who can support their needs. Let us know if you see an unhoused individual, and we will connect the County with them.
They have refused services from the County if you continue to see them on our streets. Some of our unhoused have income sources, have been offered housing, and have access to all the necessary resources. They are choosing to be homeless because they are getting money, food, etc. from wellintended individuals who don’t know. This was the case with the individual at Old City Hall.
The County moved him there without knowledge of the City to remove him from in front of the school.
He repeatedly refused services, and the public continued to give him everything he needed to set up an encampment. He did vacate the property, and City Staff cleaned up a hazardous property, exposing themselves to things that no one should be exposed to. I truly appreciate our staff and thank them for their dedication.
“Positive Change NOT Spare Change” It is OK to say no to panhandlers. If you are concerned with access to food, contact the Resource Connection at 209-754-1257 Fire Update
99-911 calls for service 77 Emergency call 05 Hazardous Conditions calls 15 Code 2/3 good intent, nonemergency calls 02 False Call Meetings Multiple City hall Staff Multiple FF Staff County Chiefs Mtg Chiefs Assoc. mtg OES mtg County Operations Mtg All hazard’s planning code mtg Review plans for Solar installations x3 Planning for improved planning on Gen Plan w CalFire Hazardous material planning w PGE IWorQ planning mtg ESO software mtg Critical infrastructure ord. Mtg Final insp. Catalpa Police Update
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 PD is continuing to spend an enormous amount of time on homeless complaints. The proposed critical infrastructure ordinance will protect the city from fire and restrictions in access. Still, the lion’s share of enforcement will land on the Police resources, limiting our ability to respond to other low-level calls for service. The good news is that we are fully staffed, and given that our most recent hires are lateral, they come with significant experience, limiting the need for an extended FTO period. Thank you to the City Council for seeing the benefit of investing in the department and ensuring we retain qualified staffing.
This is a massive benefit for our community and has had a fantastic impact on staff morale.
Engineering Update
We continue to perform an as-needed review of permit applications. We are currently reviewing the MATC Museum and Habitat for Humanity’s projects. We have prepared a horizontal design for the Foundry Lane and Angels Oaks extension project. This horizontal design will be used to prepare plats and legal descriptions to facilitate the acquisition of easements.
Public Works Update
We have been down staff in Public Works, impacting our ability to meet weed abatement requirements, do maintenance, etc. I am working with the City Administrator on implementing iWorQ to start documenting the “real” costs of general non-water/wastewater public works activities. The City is spending massive amounts of money on park maintenance, street sweeping, trash pickup, lot clearing, roadside spraying and weeding, etc. Unfortunately, this work goes unnoticed by most. As we can document these efforts better, it will give Council a better idea of where we spend our time. This better justifies to you and the public why investments in better equipment and changes in infrastructure and operations are a benefit to the City overall. The winter storms did not help, as the amount of time we have spent with FEMA has chunked hours per day out of our schedule.
Water/Wastewater Update
We continue to be down staff on the operations side. The ability to hire licensed operators is not possible. In 2008, the operations staff were on par with other water and wastewater agencies’ compensation. When the great recession happened, the gap grew to what it is today. Pre-2008, staff
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 came to the City and weren’t quickly poached by other utilities. Now, we hire at the OIT level and hope they will stay, which they don’t. The moment they get their second or third license, they leave. This has caused a real issue with a lack of succession and a knowledge gap.
We are still down one operator, and I am working with engineering to identify gaps in our overall infrastructure, with the help of the City Administrator, to align projects with our rate structure and master plan and focus on how to build capacity.
We are working with the State to assist in training on leak detection to identify sections where we can mitigate failures or potential failures that have been identified.
Our focus is training our staff. We will be scheduling operator training, bringing in trainers, and offering this to other utilities in our area that could benefit. Lat time we held this at the Fire House, it was very successful. Two operators that went through this training have left for other agencies.
Building Update
he City's new online building permit, planning permit, and business license permit application system went "live" to the public. This month, 10 business licenses and 24 building permits were received including 8 re-roofs, 8 solar, 1 HVAC, with the remainder including an RV cover, footbridge, modular occupancy, deck and electrical. The Planning Commission recommended approval and the City Council introduced general plan amendments for 41 parcels and rezonings for approximately 320 parcels for consistency with General Plan 2020. Staff drafted a critical infrastructure protection ordinance, a resolution adopting certain fixed fees for building permits, reviewed a draft of the proposed emergency evacuation plan due soon for public release, reviewed the draft City Greenhouse Gas Emission study before public release, and attended an online accessory dwelling unit (ADU) ordinance "on-boarding" in support of an online program for landowner use to estimate potential costs of constructing ADUs.
Surveying and Planning coordinated with local landowners regarding a land boundary dispute on Finnegan Lane. Comments were received and responses to comments prepared for the Angels Creek Trail environmental document. The item is expected to go before the City Council on August 1st for certification (the final step in the environmental process). The San Joaquin Valley Office of Education Greater Valley Conservation Corps continued vegetation removal for the Utica Park expansion, the contract for SPEC, the park's playground consultant was executed, and the City continued semi-weekly preliminary design meetings with Boyer.
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Finance Update
The City listed the RFP for Auditing Services on Public Purchase. Interviews will be held in July, and recommendations for auditor will come to Council at the first meeting in August. This month Finance Staff had training on End of the Year Processing for Springbrook and GFOA Governmental Accounting.
Reporting on the Winter Storms 2022 & 2023 was completed, and the SB1 Local Streets and Roads project was uploaded on Cal Smart and accepted as a project for the City for FY 23/24. Final payment was made on the Message Board bought with CDBG funds for Public Works, and invoices were billed on all three CDBG Park and Generator projects. The City invested funds from LAIF and US Bank into a certificate of deposit with the Bank of Stockton. $10,000,000 will be insured in full and we are guaranteed an interest rate of 5.10% for 12 months. The highest yield on any of the City's investment history.
Code Compliance Update
We have gone live on iWorQ’ s Code Compliance Portal. The portal to make any new complaints in on the City’s homepage and the public is activity using it. We are in the process of moving all open cases to the new system (from the old one) and then closing any cases that have been closed in recent months to show some progress metrics.
The new system has allowed the transition from requiring contractor staff to in-house staff for standard courtesy cards and scheduling to occur finally. Historically this process was all manual and was the number one reason why a complaint couldn’t make it through the administrative process, and simple issues weren’t halted. The City’s new system allows a complaint to be easily aligned with standardized violation types and violation subtypes linked to the City’s Municipal Code and language to generate a standardized courtesy notice (card) to be mailed and documented on that property. From there, a schedule of tasks and inspections takes place, allowing the Code Complaint Officers to quickly know the onsite inspections they need to attend to that will ensure that when a property is non-compliant, the city has complete documentation on the administrative process to uphold in court.
CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Most properties are compliant from the moment they receive the courtesy notice, and the cleanup is noticed by people in the public, with positive feedback coming into City Hall.
Most violations involve substandard conditions with housing (the number one health and safety concern).
Most complaints are unfounded. While a complainant may have concerns about a property, parked vehicle, or business activity, the City must adhere to City Code, State Law, and Penal Code. Many of the complaints end up being more of a neighbor dispute with a need for more basis for any compliance measures. However, each complaint is being reviewed against all permissible actions, and actions are taken as necessary. Using iWorQ will be a game changer for the City and its Code Compliance staffing (contracted and in-house). July should offer statistical information. 10B