Agenda packet — Angels Camp City Council, October 17, 2023 (part 2 of 2)

17.06.070 Mobile food vendors, temporary and seasonal sales stands —3 days or less annually
A. No person shall engage in any business in the public streets or public sidewalks unless an encroachment permit or special event permit has been issued by the City.

B. Except as otherwise provided in Section 5.04.170 (Intermittent vendors); mobile food vendors, temporary and seasonal sales stands operating four days or more annually shall secure an administrative conditional use permit in accordance with Section 17.27.025, 17.30.030 or 17.34 in the Community Commercial (CC), Shopping Center Commercial (SC) or Business Attraction and Expansion (BAE) zoning districts prior to commencing operations.

C. All mobile food vendors, temporary and seasonal sales stands operating three days or less annually shall secure a City business license prior to operating. Business licenses shall be renewed annually.

D. All mobile food vendors shall provide the City with a copy of a valid permit to operate from the Calaveras County Environmental Management Agency, Food Facility Program.

E. Business license applications pursuant to this Section shall require submittal of the following unless otherwise waived by the city planner:
i. A site plan identifying the location of the proposed vendor or sales stand including nearby buildings, walkways, driveways and parking,
ii. the location of proposed parking,
iii. a letter of permission from the landowner where the vendor will be located, iv. hours of operation,
v. the proposed dates and total number of days to be in operation; Formatted: Indent: Left: 0", Hanging: 0.19"
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Deleted: 17.06.070 Standards for auto wrecking
yards.¶
A. There shall be a solid fence at least six feet in
height around the perimeter of the yard.¶
B. Auto bodies, parts of vehicles and metal parts
shall not be visible from any off-premises land,
including private or public roads or adjacent
properties.¶
C. Any burning must meet the requirements of the
city of Angels fire department, and state and county
air pollution control standards.¶
D. Odor, smoke, vibration, electrical or radio
interference shall not be detectable beyond the
boundaries of the property detectable to the normal
senses off the lot.¶
E. The requirements of the state of California
Department of Motor Vehicles shall be met.¶ ...

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vi. the contact information of the person operating the business. vii. Off-site storage location for flammable or potentially hazardous materials; viii. Exits, fire suppression methods, as applicable
ix. Other information as may be requested by the city to ensure the health, safety and general welfare of the community
F. The city planning department shall review each application and seek recommendations from appropriate agencies. The city shall approve, conditionally approve, or deny the application within seven days of receipt of a complete application. The city planner may establish conditions to ensure that overall intent of this title and the general plan are met, and as necessary to make findings that the permit, if approved, under the circumstances of the particular case, will not be substantially detrimental to the health, safety, or general welfare of persons in the neighborhood of such proposed use or be substantially detrimental or injurious to property and improvements in the neighborhood.

G. The decision of the city staff is subject to appeal under Section 17.81.020.

H. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19. ;
;

17.06.080 Certificate of Occupancy
Prior to occupying any building that has a change in tenant, change in business, or changed use, no matter the length of vacancy, shall first obtain a certificate of occupancy.

17.06.090 Garage sales
Garage sales may be held on residential private property and sponsored by a particular person or group for not more than three days in any calendar year. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.100 Temporary construction trailers/construction
yards/emergency use
A. An administrative conditional use permit shall be secured pursuant to AMC Section 17.78.027 for a temporary structure or trailer for housing tools, equipment, or containing supervisory offices in connection with construction projects and may be maintained only during active progress of construction on the same property. Temporary construction offices shall be removed within two weeks of issuance of a certificate of occupancy for the structure. An administrative conditional use permit is not required if temporary construction offices are permitted under the conditions of approval for another City-issued entitlement for the same construction project (e.g., site plan review).

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Deleted: 17.06.080 Temporary stands.¶
Whenever a fireworks stand, carnival, circus,
Christmas tree lot, yard sale exceeding a
cumulative total of three days per year, temporary
contractor’s equipment yard or similar use is
established, the following procedures shall be used:¶
A. The proposal shall be submitted to the planning
department before any construction,
commencement of the use, or application for a
business license.¶
B. As part of the application, a site plan including
the following information shall be included:¶

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the person responsible for the proposal
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B. Temporary structures or trailers providing public utility services, emergency services, or emergency support services and/or personnel during a city-declared emergency are permitted with issuance of a building permit unless a building permit is otherwise waived by the city and subject to meeting all applicable health and safety regulations.

C. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.110 Recreational vehicle/trailer/boat use and storage A. A recreational vehicle, trailer, or boat may be stored on a parcel in a residential zone, providing:

1. It complies with all provisions of Section 1.17.110;

2. Is not connected to sewer, water, gas, electricity, telephone or other utilities;

3. Is not used for human habitation;

4. It is operative and licensed and located only those areas specified in AMC Section 1.17.110.

B. Shall comply with all provisions of Section 1.17.110.

C. It is unlawful for any property owner to permit any person to park a recreational vehicle, trailer, or boat on the property owner’s property for the purpose of using it as living quarters within the city.

D. Recreational vehicles or trailers may be permitted as living quarters only in a trailer or recreational vehicle park duly permitted, approved and licensed by the state pursuant to the Recreational Vehicle Park Occupancy Law (California Civil Code Sections 799.20 et seq), as defined in Health and Safety Code Section 18862.39, and subject to issuance of applicable permits by the city in accordance with Title 17.

E. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.120 Acceptable farming and ranching practices.

A. Acceptable ranching practices in the Special Planning (SP) and Residential Estate, five acre minimum (RE5) zone shall include: animal husbandry and livestock farming; provided, that the amount or number of animals or poultry to be allowed on the site does not create a nuisance to the contiguous properties.

Acceptable farming and ranching practices shall include the growing and harvesting of trees, fruits, vegetables, flowers, grains or other crops; storage, packing or processing of agricultural products on the property without changing the nature of the product for sale on the property; provided, that such uses are authorized by a resident or owner of the property, are incidental to the dwelling use thereof and not a nuisance to adjacent properties.

B. Acceptable farming practices in the SP and RE-5 zone shall include crop and tree farming. (Ord. 323 §5, 1992)

17.06.130 Sale of alcoholic beverages.

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Any place of business intending to engage in the sale of alcoholic beverages in any zoning district permitting such sales shall obtain an administrative conditional use permit pursuant to Chapter 17.78 prior to doing so. (Ord. 493 §1, 2019: Ord. 323 §6, 1992)

17.06.140 Street improvements.

Streets, curbs, gutters, sidewalks, storm drain improvements and appurtenances or parts thereof may be required as a condition of approval for any permit issued under the provisions of this title. All such improvements shall be constructed in accordance with city improvement standards and Title 12 of this code. (Ord. 323 §7, 1992)

17.06.150 Construction in Floodplains.

All proposed land uses, buildings or structures which are located within a special flood hazard zone as identified by the Federal Emergency Management Agency Flood Insurance Rate Maps or on the city’s general plan land use map, identified in the city’s Multi-Jurisdictional Hazard Mitigation Plan, or that may be susceptible to the effects of flooding, including erosion or mudslide, shall conform to the requirements of Chapter 15.20 as well as the provisions of this title. (Ord. 323 §8, 1992)

17.06.160 Occupancy changes in commercial buildings in
commercial zones.

A. Where a change in tenant results in the same use being continued, as long as the use was legally established, the new tenant use does not require planning commission review except for changes involving exterior alterations within the HC zoning district, including new signage, which require planning commission review in accordance with Sections 17.26.080 and 17.26.090.

B. Where a new structure is to be constructed in the CC or SC zones requiring site plan or use permit review, the structure and use require planning commission approval unless otherwise provided in Chapters

17.52, 17.73, or 17.74.

C. Where special considerations were granted by the city to a previous use, the effect of those considerations expired if the use was discontinued for one year or more pursuant to the nonconforming use provisions of Section 17.72.010. (Ord. 323 §56, 1992)

17.06.170 Special Events, Special Event Permits
A. Gatherings or events involving 50 or more persons shall acquire a special events permit from the City Planning Department if:
1, Held entirely, partially, directly or indirectly on state or city-owned or leased property including, but not limited to: streets, parking lots, parks, sidewalks, city buildings or properties; or

2. Held on private property where a fee is charged for the event or sales will occur on site; or

3. The event could adversely impact traffic flows within or surrounding the city to the extent that emergency response vehicles could be impeded in the opinion of the city police or fire chief.

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B. A Special event permit is not required for:
• Events held at a site in which special events have been permitted by the City through issuance of a conditional use permit or other entitlement specifying that such events are allowed • Events held inside permanent buildings constructed and approved by the City for the purpose of public assembly (e.g., auditoriums, theatres)
• Gatherings held for the purpose of public health or safety • Gatherings held for the purpose of conducting city business C. A special events permit application shall be submitted to the City Planning Department on a form as prescribed by the city planner and subject to a fee as established by the City Council.

D. A decision by city staff that a special event permit is required may be appealed in accordance with Section 17.81.020.

17.06.180 Storage containers
A. Storage containers are prohibited in the HC, R-2, and R-3 zoning districts.

B. In zoning districts that permit storage containers, all such the structures shall conform to all of the following:

1. Any storage container, regardless of size, shall conform to all building setbacks.

2. A building permit or waiver shall be secured for any storage container over one hundred square feet.

3. Any storage container shall be placed behind or to the side of the principal building. Said container shall be screened with fencing or landscaping so as not to be visible from any roadway or neighboring use.

4. A landscaping plan and/or screening plan shall be reviewed and approved by the community development department prior to the installing any storage container.

5. Storage containers are prohibited on vacant parcels unless a building permit is first secured for a primary structure except that they may be used for agricultural purposes on vacant property in the RE-5 or SP zoning district on parcels five acres or larger in accordance with paragraphs (D and E).

C. In the R-1 and RE-1 zoning district:

1. Only one storage container, not exceeding two hundred square feet in size, is allowed on any parcel.

D. In the RE-5 zoning district on parcels 5 acres or larger in size, and in the CC, SC, BAE, or I zoning districts:

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1. One storage container is allowed on parcels of five acres and less in size.

2. Two storage containers are allowed on parcels larger than five acres in size.

E. In the SP zoning district, on parcels five acres or larger, storage containers shall be permitted as an interim use for agricultural purposes in accordance with paragraph D. The permanent use of storage containers in SP shall be addressed in the site’s Development Agreement in accordance with Section 17.42.020 or Specific Plan in accordance with Section 17.42.040.

F. Existing use of any storage container in numbers greater than permitted herein are subject to the provisions of Chapter 17.72 (Nonconforming Uses) of this title. Notwithstanding Chapter 17.72, existing uses of any storage container not conforming to the provisions of this section, other than limits on numbers of containers, shall be removed or brought into conformance with this section upon change of ownership of the parcel or within five years after the effective date of this section, whichever comes first.

G. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.190 Cottage food operations
A. Cottage food operations (CFOs) shall comply with Chapter 11.5 (commencing with Section 114365 et seq) of Part 7 of Division 104 of the California Health and Safety Code and the provisions of California Government Code Section 51035.

B. CFOs are a permitted use within any private home. A cottage food operator must live within the private home where the CFO is being conducted. A "private home," for the purposes of a CFO, shall mean a dwelling, including an apartment or other leased space.

C. All CFOs shall submit a cottage food operation permit (CFO Permit) in a format as prescribed by the community development director prior to commencing operations. A CFO permit shall be reviewed and approved, conditionally approved, or denied by the city planner without a hearing. A CFO permit:

1. Is required for each CFO location and is not transferable between persons or locations.

2. May be conditioned by the city planner to ensure consistency with the requirements of this section.

3. May be denied by the city planner if the CFO does not comply with Government Code Section 51035 and the provisions of this section.

4. Is subject to a fee as approved by the city council. Each CFO permit amendment is subject to the same fee.

D. CFO's shall comply with the following:

1. Obtain a business license from the city prior to commencing operations;

2. Provide proof, where applicable, of landlord permission to operate a CFO on the premises;

3. A CFO shall not be located closer than three hundred feet from another CFO as necessary to prevent over-concentration. Three hundred feet shall be as measured between the outer wall of any structure housing the CFO to the nearest outer wall of the next CFO.

4. CFO's may have one full-time equivalent employee (not counting family members).

5. All parking associated with the CFO shall be on-site (i.e., off-street). No more than one visitor's vehicle and one nonresident employee's vehicle shall be parked on the site at any time in addition to those off-street parking spaces required for the subject dwelling as prescribed in AMC Chapter 17.69 (unless otherwise specified in a city-issued entitlement). All on-site vehicle parking shall be designed and constructed in accordance with AMC Chapter 17.69.

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6. Direct sales from the site of the cottage food operation shall be by prior appointment only and limited to one customer-per hour per day. All sales shall occur between 7 a.m. and 8 p.m.

Mondays through Fridays, 8 a.m. to 8 p.m. on Saturdays, and 10 a.m. to 3 p.m. on Sundays and federal holidays.

7. All commercial deliveries shall occur between 8 a.m. and 6 p.m. Monday through Saturday.

Commercial deliveries are prohibited on Sundays and federal holidays.

8. Noise levels generated by the CFO shall comply with the exterior noise limits as prescribed in Figure 5-1 of Angels Camp General Plan 2020, or as may be amended.

9. Signage is prohibited.

10. No outside storage of materials or supplies is permitted.

11. There shall be no change in the outside appearance of the dwelling unit or premises or other visible evidence of the conduct of the CFO.

12. Except for vehicle parking, no outdoor portions of the premises shall be used for cottage food operations including outdoor sales and visitation.

13. Customers cannot dine at the CFO.

14. CFOs may not exceed gross sales levels as established by the State of California for CFOs. The city may request a copy of the CFO operator's most recent income tax return to verify gross sales receipts.

15. CFOs shall provide a copy to the city of the approved CFO registration or permit as required by the Calaveras County Environmental Management Agency.

16. Other measures as may be determined necessary by the city planner for compliance with this section, the Government Code, and the health and safety of the community in which the CFO is being conducted.

E. Expansion or relocation of a CFO without amending the CFO permit shall constitute a violation of this section. Failure to comply with any condition attached to the CFO permit by the city planner shall constitute a violation. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

F. Decisions of the community development director may be appealed in accordance with Section 17.81.020
G. A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

17.06.200 Movie sets
A. Temporary motion picture and television stage sets and scenery are permitted in all districts provided a building permit is first secured and said structures are removed within thirty days of completing filming.

B. Permanent motion picture and television stage sets and scenery may be permitted in any district provided a use permit is first secured.

17.06.210 Vacant Buildings (See separate)

17.06.220 Gas Stations (See separate)
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CITY OF ANGELS

CITY COUNCIL
ORDINANCE 536
AMENDING ANGELS MUNICIPAL CODE CHAPTER 17.06 TO BECOME GENERAL PROVISIONS AND

EXCEPTIONS AND ADDING, CONSOLIDATING, AMENDING, OR UPDATING, PROVISIONS FOR MOBILE FOOD

VENDORS, GARAGE SALES, TEMPORARY CONSTRUCTION TRAILERS, RECREATIONAL VEHICLES (STORAGE

AND LIVING), SPECIAL EVENTS, SPECIAL EVENT PERMITS, CERTIFICATES OF OCCUPANCY, STORAGE CONTAINERS, COTTAGE FOOD OPERATIONS AND MOVIE SETS; AMENDING AND UPDATING EXCESSIVE

SLOPES, TEMPORARY AND SEASONAL SALES STANDS, ACCEPTABLE FARMING AND RANCHING PRACTICES,

CONSTRUCTION IN FLOODPLAINS, OCCUPANCY CHANGES IN COMMERCIAL BUILDINGS IN COMMERCIAL ZONES, AND ELIMINATING STANDARDS FOR AUTO WRECKING YARDS.

THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, the City of Angels City Council finds that it is to the benefit of the City to maintain its municipal code consistent with state law, to encourage internal consistency, address temporary uses, and provide guidance to developers and the public; and WHEREAS, the Planning Commission held a duly no�ced public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolu�on of Intent recommending adop�on of the proposed changes to the City Council; and WHEREAS, a no�ce of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly no�ced public hearings on September 19, 2023, October 3, 2023, October 17, 2023, November 5, 2023, and November 19, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 536 amending municipal code Chapter 17.06, General Provisions and Excep�ons, in accordance with Atachment 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. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. The proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA) pursuant to Sections 15301, 15303, and 15311 of the State and City Guidelines for the implementation of CEQA.

Sec�on 2: The foregoing Ordinance or a summary shall, before the expira�on of fi�een (15) days of its passage, be published with the names of the Council members vo�ng for and against the same once in a newspaper of general circula�on printed and published in the County of Calaveras, State of California, and said Ordinance shall take effect and be in force thirty (30) days a�er the passage thereof.

The foregoing Ordinance was introduced at a regular mee�ng of the City of Angels City Council held on November 5, 2023, and passed and adopted as an ordinance of said City at a regular mee�ng of said Council held on November 19, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (Vacant Buildings) - 1
DATE: October 17, 2023
TO: City of Angels City Council
FROM: Amy Augustine, AICP – City Planner
RE: Ordinance 538 adding a new Section 17.06.210 addressing Vacant Buildings

RECOMMENDATION
Take public input and continue the item to November 7, 2023, for a re-introduction and a first reading. Please note that the attached Ordinance does not yet include the pending removal of residential uses, added provisions addressing fines, nor pending changes from the City Attorney.

STRATEGIC PLAN CONSISTENCY
The proposed code change is intended to assist in implementing the following City’s Strategic Plan goals and policies:

Tier 1
Maintain and, where feasible, enhance the city’s appearance (Providing incentives to use vacant buildings reduces deterioration that encourages economic development while assisting in maintaining property values) Protect the health and safety of people and property in the city from natural and man-made hazards. Providing incentives to use and maintain vacant buildings reduces man-made hazards associated with deteriorating vacant buildings.

Maintain and enhance the city's economic vitality while conserving the city's social, cultural, environmental, and aesthetic resources. The conservation, maintenance and use of the city’s downtown historic structures is critical to the City’s economic vitality. Allowing structures to remain vacant, unused, and deteriorate results in the loss of historic structures, deteriorated appearance, and loss of economic opportunities.

In addition to the preceding, the Strategic Plan Community Survey shows:

The #1 response in the survey results was:
“Downtown needs investment, revitalization, and rehabilitation” The #2 response was:
“Bringing in new business and fostering a business-friendly environment is a priority” Providing mechanisms to discourage long-term vacancies in buildings in the downtown historic district would assist in addressing these issues.
7C

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (Vacant Buildings) - 2

BACKGROUND
The Planning Commission recommended to the City Council approval of the proposed code changes at its September 14, 2023, meeting on a vote of 4-1 (opposition related to introducing a new fee). On September 19, 2023, the City Council introduced the ordinance, waived the first reading and set October 3, 2023, for a second reading. On October 3, 2023, the City Council took public input, directed staff to remove residential uses from the proposed code changes, and send the ordinance to the City Attorney for review. The City Attorney is currently completing that review. Continuing the item to a date certain at the October 17, 2023, meeting allows the City to forego the cost of resubmitting a new legal notice for the item.

Numerous vacant buildings exist citywide, especially within the Historical Commercial zoning district.

Vacant buildings may discourage economic development, disrupt neighborhood stability, retard appreciation of property values, attract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deterioration both on site and on adjacent properties. In addition, the City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings. The purpose of this code amendment is to establish procedures to monitor, maintain, and return these structures to productive use.

ANALYSIS
Pursuant to Angels Municipal Code Section 17.90.040, decisions pertaining to code amendments 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; and C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Findings A &B – Consistency with the Angels Municipal Code and General Plan Applicable general plan goals, policies and programs include:
10A Maintain and enhance the city’s economic vitality while conserving the city’s social, environmental, and aesthetic resources.

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

Implementation Program 10.A.j Encourage Adaptive Reuse
Amend the municipal code to allow uses not otherwise permitted within a commercial or business attraction and expansion district when that development involves adaptive re-use of buildings (rehabilitating historic

COMMUNITY DEVELOPMENT
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-1346 Chapter 17.06 (Vacant Buildings) - 3
buildings for new uses) compatible with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

The code amendment encourages re-use of vacant buildings, including those within the historical commercial zoning district, and discourages retaining buildings as vacant; thereby assisting in maintaining the city’s economic vitality consistent with Goal 10A.

It is noted that the general plan also calls for development incentives to encourage re-use of historic properties (e.g., adaptive re-use provisions, Mills Act). Staff will pursue these code amendments in future code updates in support of this proposed code amendment.

Based on the relationship between the proposed code changes and the preceding general plan goals, policies, and programs, finding A can be made. Because the identified code changes are for the purposes of implementing the identified general plan programs, Finding B can be made.

Finding C. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

Because the proposed amendment encourages re-use of vacant buildings so that they do not fall into disrepair or discourage economic development; Finding C can be made.

ENVIRONMENTAL FINDINGS:

The code amendment subject is vacant (existing) buildings and their re-use. Therefore, the re-use of existing vacant buildings is Categorically Exempt from the state and city guidelines for the implementation of CEQA pursuant to Section 15301 of the guidelines which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures or facilities. It is noted that provisions for adaptive re-use of historical properties requires conformance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

ATTACHMENT:

A. Ordinance 538 with Attachment A

CITY OF ANGELS

CITY COUNCIL
ORDINANCE 538
ADDING A NEW SECTION 17.06.210 ADDRESSING VACANT BUILDINGS THE CITY OF ANGELS CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, the City Council finds that vacant buildings may discourage economic development, disrupt neighborhood stability, retard apprecia�on of property values, atract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deteriora�on both on site and on adjacent proper�es; and
WHEREAS, the City Council finds that the City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings; and WHEREAS, the proposed code amendment establishes procedures to monitor, maintain, and return these structures to produc�ve use; and
WHEREAS, the Planning Commission held a duly no�ced public hearing on September 14, 2023, and received public input on the proposed revisions to the Municipal Code and passed a Resolu�on of Intent recommending adop�on of those changes to the City Council; and WHEREAS, a no�ce of public hearing for the rezonings was published in the Calaveras Enterprise on September 7, 2023; and
WHEREAS, at duly no�ced public hearings on September 19, 2023, October 3, 2023, October 17, 2023, November 7, 2023, and November 21, 2023, the City Council heard and considered public input on the proposed amendment to the municipal code;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Angels hereby adopts Ordinance 537 adding a new Sec�on 17.06.210 addressing vacant buildings in accordance with Atachment 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. The proposed change or amendment will not be substantially detrimental to the health, safety, or general welfare of the city.

4. The proposed changes to the Municipal Code are exempt from further environmental review pursuant to the state guidelines for implementing the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the state guidelines for implementing the California Environmental Quality Act (CEQA).

The foregoing Ordinance was introduced at a regular mee�ng of the City of Angels City Council held on November 7, 2023, and passed and adopted as an ordinance of said City at a regular mee�ng of said Council held on November 21, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
Add to Sec�on 17.09.220 Defini�ons
“Vacant building” means real property with one or more structures, whether residen�al, commercial, or industrial, that is/are unoccupied or occupied by unauthorized persons. In the case of a mul�-unit structure or complex, vacant shall mean when any one unit is unoccupied or occupied by unauthorized persons. “Vacant building” includes the associated surrounding property. For the purposes of Sec�on

17.06.210, “associated surrounding property” includes the all property within the boundaries of the Assessor’s Parcel or parcels upon which the vacant building(s) is/are located.

Add all of the following:

17.06.210 Vacant buildings
A. Findings. The City Council finds that vacant buildings may discourage economic development, disrupt neighborhood stability, retard apprecia�on of property values, atract transients, encourage crime, increase fire risk, result in health and safety problems, and foster property deteriora�on both on site and on adjacent proper�es.

The City currently expends resources monitoring and responding to the health, safety, welfare, and economic problems caused by vacant buildings. Therefore, the City Council finds there is an urgent need to establish procedures to monitor, maintain, and return these structures to produc�ve use.

B. No owner shall allow a building designed for human use or occupancy to be a vacant building for more than sixty (60) days, unless one of the following applies:

1. The building is the subject of an ac�ve building permit for repair or rehabilita�on and the owner is progressing diligently, in the opinion of the city’s chief building official, to complete the work of repair or rehabilita�on.

2. The condi�on of the building complies with all codes, is ready for occupancy, as evidenced by a current cer�ficate of occupancy, and is both ac�vely being:
i. Offered by the owner for sale, lease, or rent; and
ii. Maintained and monitored by the owner in compliance with Sec�on 17.06.210(C).

C. Maintenance
Vacant buildings and all the associated surrounding property shall be maintained, ac�vely monitored, and secured in accordance with the following standards:

1. Yard maintenance. Maintain all yards in compliance with any applicable development permits, site plans, and landscape plans. If there are no applicable development permits, site plans, or landscape plans, maintain all interior yards (those that are not visible to the general public) in a safe condi�on, including keeping all plant materials controlled to avoid overgrowth; maintain all exterior yards (those that are visible to the general public), including park strips, with acceptable landscaping, installed and maintained in a trimmed, live and healthy condi�on. Any remaining associated surrounding property shall be maintained in compliance with city codes.

2. Building exterior. Maintain the exterior of the building, including, but not limited to, paint and finishes, in good condi�on;

3. Building Maintenance (interior and exterior). The building shall be maintained without substandard condi�ons as described in California Health and Safety Code § 17920.3(g).

4. Broken windows. Board up broken windows within 24 hours and replace broken windows within 72 hours.

5. Trash and debris. Remove all trash and debris within 72 hours of placement or abandonment of the trash and debris on the property.

6. Compliance with laws. Maintain the building in con�nuing compliance with all applicable State and local codes and regula�ons and any applicable City issued permits.

7. Secure property. Secure the property, both vacant structure(s) and associated surrounding property, against trespassers, including maintaining all windows and doors with locks, replacing all broken doors or windows, and securing any other openings into the structure which are readily accessible to trespassers by means as shall be accepted by the City Code Compliance Officer or his/her designee.

For purposes of securing vacant buildings and associated surrounding property, boarding up windows and doors and fully fencing the property is discouraged and shall only be used for short dura�on when it is determined by the City Code Compliance Officer or his/her designee that no other reasonable alterna�ve exists.

8. Graffi�. Remove all graffi� on the property within 48 hours of placement on the property.

D. Vacant building and associated surrounding property monitoring Any and all vacant buildings and their associated surrounding property are subject to monitoring by the code compliance officer or his or her designee. Monitoring is required to ensure compliance with this Sec�on and to ensure that the property owner is progressing diligently with authorized repair or rehabilita�on, the building is ready for occupancy and ac�vely offered for sale, lease or rent, or the property owner is ac�vely maintaining and monitoring the building and its associated surrounding property.

E. Vacant building and associated surrounding property registra�on and monitoring fee

1. Annual fee imposed. There is imposed on every property owner of a vacant building, together with its associated surrounding property, an annual vacant property registra�on and monitoring fee. The amount of this fee shall be established by city council resolu�on based on the reasonable cost of monitoring the vacant building and associated surrounding property. The fee shall be payable as to any vacant building and associated surrounding property which is vacant for more than sixty days for any reason. The fee shall be valid for the calendar year, or remaining por�on of the calendar year, in which the vacant property was ini�ally registered. Subsequent annual monitoring fees are due January 1st of each year and must be received no later than January 31st of the year due. Monitoring fees will not be prorated.

2. Fee waiver. The vacant building and associated surrounding property registra�on and monitoring fee may be waived by the code enforcement manager if the manager finds that the property is duly registered and, in their discre�on, finds that:
a. The property owner has obtained a land use en�tlement or a building permit and is progressing diligently with authorized construc�on, repair or rehabilita�on to ready the building and associated surrounding property for occupancy; or
b. The building and associated surrounding property meets all applicable codes, is not likely to become a nuisance, is the subject of regular inspec�ons and ongoing landscape maintenance and is ac�vely being offered for sale, lease or rent; or
c. The property owner demonstrates to the sa�sfac�on of the code enforcement manager that there is an ongoing contract with a local property manager (See paragraph G) to secure and maintain the property in compliance with the Angels Municipal Code and the local property manager is implemen�ng the contract in compliance with this Sec�on. d. The waiver granted in this sec�on may be rescinded at any �me if the code compliance officer finds that viola�ons of the Angels Municipal Code are present on the property.

F. Vacant building on-site no�ce
All vacant buildings shall post a sign no smaller than 18 by 24 inches on the front of the exterior building or structure so it is legible from the public-right-of-way, with the following informa�on:
(i) Name and twenty-four hour working contact telephone number and address of the owner, responsible party, or property management company; and
(ii) The statement that "THIS PROPERTY IS MANAGED BY" with the appropriate name inserted and "TO REPORT PROBLEMS OR CONCERNS OR IF YOU ARE INTERESTED IN THIS PROPERTY CALL" with the twenty-four hour telephone number listed.
(iii) For emergency communica�ons, the owner, responsible party, or property management company shall physically respond to the property within one hour from the �me a City official contacts them, if the City official determines it to be necessary.

The sign shall be constructed and printed with weather resistant materials and replaced if it should become faded or unreadable.

G. Local Property Management Required
If a building is determined to be vacant, and the property is owned by a corporation and/or out of area beneficiary, trustee, or owner; a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this Section, and any other applicable laws, are being met. For the purposes of this Section, “local” is defined as located, or having active open offices, in Calaveras, Tuolumne, Stanislaus, Amador or San Joaquin County.

H. Vacant building plan, Vacant building plan fee
In addition to a vacant building and associated surrounding property registration and monitoring fee; the City Code Compliance Officer or his or her designee may issue an Order to Submit a Vacant Building Plan to the property owner and require the payment of an addi�onal fee as required under this sec�on.

The Vacant Building Plan shall include the following informa�on and shall be submited within thirty (30) days of service of the Order:

1. Name and address of person submi�ng the Vacant Building Plan;

2. Name and address of all property owners of the subject property;

3. The name and address of a local agent, if the property owner(s) is/are not local, that the Code Compliance Officer may contact related to enforcement of this Sec�on;

4. The expected period of vacancy;

5. A plan to make any buildings ready for occupancy that could not be legally occupied under State and local law at the �me of submission of the plan;

6. If required by the Code Compliance Officer; a plan to either occupy, sell, lease, or demolish the building within one hundred eighty (180) days or such other time as determined reasonable by the Code Compliance Officer under the circumstances;

7. A plan for actively monitoring, maintaining and securing the building and associated surrounding property and otherwise complying with this Section;

8. A leter of writen consent by the property owner(s) to the Code Compliance Officer to allow City code compliance inspectors to enter the property for inspec�ons sufficient to enforce the provisions of this Sec�on;

9. Any other informa�on required by the Code Compliance Officer to implement rules and regula�ons adopted pursuant to this Sec�on.

10. Excep�on: If the Vacant Building will be occupied within sixty (60) days of service of the No�ce, the owner may no�fy the Code Compliance Officer in wri�ng of this fact and the owner may be excused from submi�ng a Vacant Building Plan.

11. Vacant Building Plan Fee. When a property owner is directed to submit a Vacant Building Plan by the City Code Compliance Officer they shall also be required to pay a fee, not to exceed the costs of the City to review and approve the Vacant Building Plan, as established by the City Council. The Code Compliance Officer shall have discre�on to determine the number of inspec�ons required to monitor the subject building and associated surrounding property upon submission of the plan, based upon the type and condi�on of the property, and the history of viola�ons at the subject property.

I. Abatement/Public Nuisance
A violation of this section shall be a public nuisance subject to the remedies and procedures provided in Angels Municipal Code Chapters 1.16, 1.17, 1.18 and 1.19.

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: September 19, 2023
TO: City Council
FROM: Douglas L. White, City Attorney
RE: Consideration of a new lease agreement with Pickled Porch Café for the property Located at 1192 South Main St.

RECOMMENDATION:

City staff recommends that the City Council review the proposed Lease Agreement (“Agreement”) with Pickled Porch Café, and either approve the Agreement or provide staff with direction to negotiate revised terms.

BACKGROUND:

The City's building at 1192 S. Main Street - historical downtown Angels Camp – became vacant after the Calaveras Visitor's Center moved to the Angels Camp Museum in early July of 2020. Following the move, both City staff and Destination Angels Camp staff received inquiries into the status of the building and whether it would be available for commercial lease.

In August 2020, the Angels Camp City Council (“Council”) directed City staff to negotiate an Agreement with Gretel Tiscornia for the lease of the property. The Council approved an Agreement following discussions with Ms. Tiscornia in 2020. The terms of the original Agreement provided for the rental of the six hundred twentysix (626) square foot building at the property as well as the six hundred (600) square foot covered deck attached to the building. There are also ten (10) units of public restrooms on-site, a public drinking fountain, and a public parking area with thirty (30) parking spaces, including one (1) ADA parking space, operated by the City.

The Agreement provided for a rate of $1.25 per square foot of the leased interior space (interior dining and kitchen) for the first three (3) years of the Agreement, with an annual Consumer Price Index (CPI) adjustment thereafter. The lessee does not pay for use of the deck or restroom space.

In exchange for use of the deck and no additional rent, the Lessee agreed to clean and maintain the restrooms on a daily basis and lock and unlock the restrooms during business hours. Lessee was authorized to lock the restrooms if vandalism occurred on site and if the restroom needed repair above normal wear and tear. Lessor agreed to pay for the paper products, cleaning supplies, and lightbulbs for the public restrooms. 7D

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 DISCUSSION:

Following her resignation from the City Council in August, Ms. Tiscornia has requested consideration of a renewed lease of the Pickled Porch Café space. The newly proposed changes to the Agreement for the Pickled Porch Café need to be reviewed and approved by City Council.

FISCAL IMPACT
The City will receive the projected rental amount on a monthly basis with some savings on maintenance for the restrooms as the lessee will be responsible for cleaning and purchasing the necessary supplies.

ENVIRONMENTAL
This item is not a “project” under the California Environmental Quality Act (CEQA) as it does not have the potential to cause a direct or reasonably foreseeable indirect physical change in the environment. (Pub. Resources Code, § 21065.)
OPTIONS:

1. Approve the Agreement as proposed.

2. Provide additional direction to City staff for revised negotiation terms with the Pickled Porch; or

3. Reject the Agreement and potentially direct staff to solicit bids from interested parties for rental of the property.

ATTACHMENTS:

Lease Agreement
1 {CW132750.4}

LEASE AGREEMENT
This LEASE AGREEMENT (the “Agreement”) is executed this ____ day of ______________ 2023 (“Effective Date”) between the City of Angels Camp, a California municipal corporation, hereinafter referred to as “Lessor” and CYA Team, LLC (a.k.a Pickled Porch Café), a California limited liability company, hereinafter referred to as the “Lessee.” Lessor and Lessee may be referred to in this Agreement individually as a “Party” or collectively as the “Parties.” There are no other parties to this Agreement.

RECITALS
A. Lessor owns a six hundred twenty-six (626) square foot building (the “Leased Premises”), located at 1192 South Main Street, Assessor Parcel #60-010-34, in the City of Angels Camp, County of Calaveras, State of California;
B. A six hundred (600) square foot covered deck is attached to the Leased Premises (the “Deck”), and adjacent to the Leased Premises are ten (10) units of public restrooms (the “Restrooms”), a public drinking fountain, and a public parking area (the “Public Parking Lot”) with thirty (30) parking spaces, including one (1) ADA parking space, operated by the Lessor (the “Unleased Premises”);
C. Lessee has rented the Leased Premises since 2020 through a lease agreement with Lessor;
D. Lessor wishes to enter into a new agreement to lease the Leased Premises to Lessee on the terms set forth herein
THEREFORE, in consideration of the mutual promises herein contained, and other good and valuable consideration, the Parties stipulate and mutually agree as follows:

Section 1. Recitals. The recitals set forth above (“Recitals”) are true and correct and are hereby incorporated into and made part of this Agreement by this reference. In the event of any inconsistency between the Recitals and the Sections contained in this Agreement, the Sections shall prevail.

Section 2. Effective Date. This Agreement, and all of its provisions, shall become effective upon the date of execution of this Agreement by all Parties.

Section 3. Lease of Premises. Lessor hereby agrees to lease to Lessee the Leased Premises for the term of this Agreement.

Section 4. Term. The term of this Agreement shall be for five (5) years from the date of execution by all Parties (“Original Term”).

Section 5. Lease Amendments. The Lessor and Lessee may initiate good faith negotiations to modify this Agreement at any time during the Original Term or Extended Term. Any modification of this Agreement must be agreed upon, in writing, by both parties. 2 {CW132750.4}
Section 6. Extended Term. This Agreement will be automatically extended for an additional term of three (3) years, unless Lessor or Lessee notify and deliver to the other Party written notice that they do not intend to extend this Agreement (the “Extended Term”). This Agreement shall only be subject to a maximum of two (2) Extended Terms. During any Extended Term, Lessee shall be bound by all obligations, covenants, and terms of this Agreement and any amendments thereto. The Original Term and any Extended Term may collectively be referred to as the “Term” of this Agreement.
a. In the event Lessor desires to terminate this Agreement after expiration of the Term and enter into a lease with another tenant for the Leased Premises, Lessee shall be given a good faith opportunity to negotiate a new lease with Lessor. Lessor shall not enter into a lease with a different tenant for the Leased Premises without first providing Lessee with a good faith opportunity to enter into a new lease for the Leased Premises.

Section 7. Rent. Lessee shall pay Lessor rent in the amount of one dollar and twenty-five cents ($1.25) per square foot (the “Rent”) per month, based on the square footage of solely the Leased Premises. The Rent shall not include the square footage of the Unleased Premises. The Rent shall be adjusted annually according to the U.S. Consumer Price Index of the Bureau and Labor Statistics of the Department of Labor for all Urban Consumers (CPI) for Oakland-San Francisco Area.
a. Rent shall be due on or before the 5th of each month and shall be paid to City of Angels and delivered to or mailed to the City of Angels Camp, 584 S. Main St., Angels Camp, CA 95222, Attention: City Administrator.
b. In exchange for use of the Deck, Lessee agrees to clean and maintain the Restrooms, lock and unlock the Restrooms, during days and business hours Lessee’s business at the Leased Premises is in operation. Lessee may lock Restrooms at all times if vandalism occurs and requires repair above the normal wear and tear. Lessor shall pay for the paper products, cleaning supplies, and lightbulbs for the public restrooms. Lessor may access, clean and maintain the Premises at any time Lessee’s business is not in operation and the Restrooms would not otherwise be open to the public.

Section 8. Penalty. All Rents are due on the first day of the month. If the first falls on a weekend or holiday, the Rent is due the following City business day. There is a five (5) day grace period.

There will be a ten percent (10%) penalty, based on the total rent amount, for any late payment. If a check is returned by the bank, the ten percent (10%) penalty will be assessed, as well as a $20.00 service charge. If a check is returned by the bank, all future Rent payments will require payment in cash, or by cashier’s check, certified check, or by money order until such policy is rescinded by the City Administrator.

Section 9. Permitted Use of Premises. During the term of this Agreement, the Lessee shall use the Leased Premises for the purpose of preparing and serving food, non-alcoholic and alcoholic beverages, and gift-like merchandise. Lessee shall maintain a City of Angels business license and any other licenses related to the goods and services sold. Lessee shall give Lessor copies of these licenses annually or as licenses are updated.

Section 10. Subject to Laws. Lessee accepts the Leased Premise subject to all local, state, and federal laws, regulations and ordinances. The Leased Premise is located in a Public Service District. 3 {CW132750.4}
The Leased Premise is currently zoned “PS” but will undergo a zoning amendment to include a commercial zone. The zoning amendment will be at the expense of the Leased Parcel Owner, the Lessor.

Section 11. Parking. Lessor agrees to allow Lessee to use four (4) Assigned parking spaces within the Public Parking Lot (the “Assigned Parking Space”): Two (2) Assigned Parking Spaces shall be designated for “curbside pickup,” that shall be located on the north side and adjacent to the Leased Premises; one (1) Assigned Parking Space shall be designated for a debris box; and one (1) Assigned Parking Space shall be designated for loading and unloading that shall be located on the west side and adjacent to the Leased Premises.

Section 12. Utilities. Lessee shall, during the Term of this Agreement, subscribe and pay for all electricity, gas, telephone, garbage disposal, and any other utilities and services used on the Leased Premise. Lessee and Lessor shall split fifty/fifty (50/50) all costs associated with water and sewer service at the Leased Premise.

Section 13. Inspection by Lessor. Lessee shall permit Lessor or Lessor’s agents, representatives, or employees to enter the Leased Premises at all reasonable times for the purpose of inspecting the Leased Premises.

Section 14. Fixtures. Lessee shall not make any alterations or additions to the Leased Premises without prior written consent of Lessor.

Section 15. Waste or Nuisance. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance as defined in Section 3479 of the California Civil Code or under the City of Angels Municipal Code on the Leased Premises and Lessee shall not use or permit the use of the Leased Premises for any unlawful purpose. The Lessee further agrees not to use or keep on the Leased Premises any article which the Lessor’s Risk Management Authority may deem hazardous.

Section 16. Alterations and Repairs (Conditions of Premises). Lessee accepts the Leased Premises, as well as the improvements thereon and the facilities appurtenant thereto, in their present condition. Lessee further agrees with and represents to the Lessor that the Leased Premises have been inspected by Lessee and that it has been assured by means independent of Lessor or any agent of Lessor of the truth of all facts material to this Agreement and that said premises are being leased by Lessee as a result of its inspection and investigation and not as a result of any representation made by Lessor or any agent of Lessor.

Section 17. Maintenance or Repair. Lessor shall at all times, at its own cost and expense, maintain the roof and outside portion of the building, walks, driveway and parking area as herein provided, except such repairs as are made necessary by the willful or negligent acts of Lessee or any other person using said premises with the consent of Lessee, and in such case, Lessee will make the necessary repairs at its own cost and expense, excluding damage to public restrooms. Lessor shall, at its own cost and expense, maintain the interior of the building, including all plumbing, heating, cooling and electrical fixtures and equipment located therein. Lessor will provide maintenance for the heating and air conditioning unit as required and in the sole discretion of Lessor.

Section 18. Surrender of Premises. On expiration or sooner termination of this Agreement, or any extensions or renewals of this Agreement, Lessee shall promptly surrender and deliver the Leased Premises to Lessor in as good condition as they are now, at the date of this Agreement, 4 {CW132750.4}
reasonable wear and tear and repairs herein required to be made by Lessor excepted.

Section 19. Additional Terms. In addition to the terms of this Agreement, each Party agrees to perform the following:
a. Lessee:
• Remove graffiti immediately. When graffiti removal is beyond Lessee’s personnel’s capability, the Lessor must be notified immediately. • Any alterations to the building such as any signage, re-painting, carpeting, permanent fixtures or anything attached to the building, etc. must be approved by the Lessor.
• Notify the Lessor immediately of any problems or damage to the building, grounds or parking lot.
• Lessee’s employees will not park in the adjacent parking lot, Hardscrabble Road or Main Street unless it is for loading and/or unloading supplies. The preferred parking lot is the Raspberry parking lot.
b. Lessor:
• Maintain the structural aspects of the building and parking lot by making necessary repairs; re-painting, address water/sewer problems, electrical HVAC and plumbing problems, re-striping, lighting and replacement of light bulbs.
• Perform annual and/or major landscaping maintenance such as tree trimming and/or removal, irrigation lines.
• Remove graffiti that cannot be taken care of by Lessee’s personnel.

Section 20. Use of the Parking Lot by Lessor. From time to time the Lessor may authorize the use of the adjacent parking lot (including use of electricity and water) or yard, for special events. The Lessor will be responsible for maintenance and housekeeping costs. Lessor will notify Lessee at least ten (10) days in advance of such use.

Section 21. Insurance.
a. General Liability. Lessee shall, at its own cost and expense, cause said premises to be insured by an insurance company authorized to do business in the State of California and obtain a policy of general liability and property damage insurance, except as hereinafter provided, in the limits to at least two million dollars ($2,000,000.00) for the injury or death, happening, or event and at least two hundred thousand dollars ($200,000.00) for damage to property, and shall thereafter at all times during the term of this Agreement at its own expense, cause the same to be kept in full force and effect. The policy or policies are attached as part of this Agreement and will be updated on an annual basis (date of signature) and shall name Lessor as an additional insured.
b. Workers Compensation Insurance. Lessee shall, at its own cost and expense, maintain workers compensation insurance, as required by the Labor Code, on its employees for the term of this Agreement.
c. Fire Insurance. Each Party to this Agreement shall keep its interest in the Leased Premises, the structures thereon and the personal property therein, insured at its own expense against fire, extended coverage, and such other risks as it may choose. 5 {CW132750.4}
d. Policy Obligations. Lessee’s indemnity and other obligations shall not be limited by the foregoing insurance requirements.
e. Material Breach. If either Party for any reason fails to maintain insurance coverage that is required pursuant to this Agreement, such failure shall be deemed a material breach of this Agreement. In such instance, the non-breaching Party at its sole option, may terminate this Agreement and obtain damages from the breaching Party resulting from said breach.

Section 22. Total Destruction. If, at any time during the term of this Agreement, the Leased Premises is wholly destroyed or so damaged as to be wholly un-tenantable from any cause whatsoever, this Agreement shall immediately terminate and Lessee shall thereupon be relieved of all obligations imposed by this Agreement, and Lessor shall pay to Lessee the amount of any unearned rental, provided that the terms and conditions hereof have been fully complied with by Lessee.

Section 23. Partial Destruction. If at any time during the term of this Agreement, the Leased Premises shall be partially destroyed by fire or act of God, Lessor shall forthwith repair same, if such repairs can be made under the laws and regulations of any governmental authority having jurisdiction over said premises, within ninety (90) days after the date of partial destruction. If such repairs cannot be made within the above period, this Agreement may be terminated at the option of either Party.

Section 24. Indemnification. Lessee shall defend, indemnify, protect, hold harmless, and release Lessor and Lessor’s elected and appointed officials, directors, officers, employees, agents, and representatives (“Lessor’s Agents”) from and against any and all actions, claims, damage, injury, liability, or expenses, including attorneys’ fees, in connection with the loss of life, personal injury, or damage to property arising from Lessee’s use of the Leased Premises, or arising from or out of Lessee’s willful acts or negligence, wholly or in part, by any act or omission of Lessee, its agents, representatives, employees, invitees, or contractors. These obligations to defend, indemnify, protect, hold harmless, and release Lessor, and Lessor’s Agents, shall not apply to the extent that the liabilities are caused in whole or in part by the gross negligence or willful misconduct of Lessor, and Lessor’s Agents. This Section shall survive the termination or expiration of this Agreement.

Section 25. Assignment and Subletting. Lessee shall not encumber, assign, or otherwise transfer this Agreement, any right or interest in this Agreement, or any right of interest in the Leased Premises or any of the improvements that may now or hereafter be constructed or installed on the Leased Premises without the express written consent of Lessor. Neither shall Lessee sublet the Leased Premises or any part thereof or allow any other person, other than Lessee’s agents, servants, and employees, to occupy said Leased Premises or any part thereof without the prior written consent of Lessor. Lessor’s written consent under this Section shall not be unreasonably withheld. A consent by Lessor to one assignment, one subletting, or one occupation of said premises by another person shall not be deemed a consent to any subsequent assignment, subletting, or occupation of said premises by any person. Any encumbrance, assignment, transfer, or subletting without the prior written consent of Lessor, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of Lessor, terminate this Agreement.

Section 26. Sale of Leased Premises. Prior to Lessor selling the Leased Premises to any other party, Lessee shall have the first opportunity to acquire the Leased Premises from Lessor. Lessor 6 {CW132750.4}
shall not enter into any agreement with another party for sale of the Leased Premises without first providing Lessee with a reasonable opportunity to acquire the Leased Premises. Lessee’s right to acquire the Leased Property under this Section is subject to Lessee’s obligation to comply with the Surplus Land Act (Gov. Code, § 54220 et seq.), whereby designated entities are entitled to receive the first opportunity to acquire the surplus land of public agencies. Compliance with the Surplus Land Act shall be determined by Lessor prior to Lessor receiving an opportunity to acquire the Leased Premises.

Section 27. Default. Should Lessee default in the performance of any of the covenants, conditions or agreements contained in this Agreement, or abandon the property leased herein, Lessee shall have breached the Agreement and Lessor may, in addition to any other remedies provided by law, reenter and regain possession of said premises in the manner provided by the laws and unlawful detainer of the State of California then in effect.

Section 28. Attorney’s Fees. Should any litigation be commenced between the parties to this Agreement concerning said premises, this Agreement, or the rights and duties of either in relation thereto, the Party, Lessor or Lessee, prevailing in such litigation shall be entitled, in addition to such other relief as may be granted in the litigation, to a reasonable sum as and for its attorney’s fees in such litigation which shall be determined by the court in such litigation or in a separate action brought for that purpose.

Section 29. Notice. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party hereto by the other Party hereto, shall be in writing and shall be deemed duly served and given when personally delivered to the Party to whom they are directed, or in lieu of such personal service, when deposited in the United States mail, first class postage pre-paid, addressed to:

Landlord: City of Angels___________ Tenant: Gretel Tiscornia____________ 200 Monte Verda St, Suite B_________ 1292 S. Main St___________________ P.O. Box 667_____________________ P.O. Box 36______________________ Angels Camp, CA 95222____________ Angels Camp, CA 95222____________ (209) 736-2181____________________ (209) 471-0589____________________ Either Party may change its address for the purpose of this Section by giving written notice of such change to the other Party in the manner provided in this Section.

Section 30. Severability. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect unimpaired by the holding.

Section 31. Sole and Only Agreement. This instrument constitutes the sole and only Agreement between the Lessor and Lessee respecting the Leased Premises, the leasing of the Leased Premises to Lessee, or the term of the Agreement herein specified and correctly sets forth the obligations of Lessor and Lessee to each other as of its date. Any agreements or representations respecting said premises or their leasing by either Party not expressly set forth in this instrument are null and void.

Section 32. Time of Essence. Time is expressly declared to be the essence of this Agreement.

Section 33. Agreement Non-Transferable. This Agreement is non-transferable and is made 7 {CW132750.4}
for the express purpose of leasing the Leased Premises to Lessee. Nothing herein shall be construed to create any right of a third Party to enforce this Agreement or to seek any benefit therefrom.

Section 34. Counterparts. This Agreement may be executed in duplicate counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement.

Section 35. Amendment/Waiver. No amendments to this Agreement shall be effective unless such amendment is made in writing, signed by both Parties. The failure by a Party to enforce any provision of this Agreement or to require performance by the other Party, will not be construed to be a waiver, or in any way affect the right of either Party to enforce such provision thereafter.

Section 36. Choice of Law and Venue. The Parties agree that this Agreement is to be governed by and construed under the law of the State of California. The Parties further agree that in the event of a dispute regarding the terms of this Agreement, the venue for any legal action shall be with the appropriate court in the County of Calaveras, California. [SIGNATURES ON FOLLOWING PAGE]
8 {CW132750.4}
IN WITNESS WHEREOF, this Agreement has been entered into by and between Lessor and Lessee as of the dates set forth below.

LESSOR:

CITY OF ANGELS CAMP,
a California municipal corporation
By:

Rebecca Callen, City Administrator
LESSEE:

CYA Team, LLC (AKA Pickled Porch Café),
a California limited liability company.

By:

Gretel Tiscornia
ATTEST:

By:

Print:

City Clerk
APPROVED AS TO FORM:

By:

Douglas L. White, City Attorney

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: October 17, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator and Chris O’Flinn, Public Works Superintendent RE: APPROVE RESOLUTION 23-81 AND AUTHORIZE STAFF TO SUBMIT AND APPLICATION

TO IRWMA FOR THE AMR PROJECT
RECOMMENDATION:

Adopt Resolution No. 23-81, authorizing staff to submit the AMR project to the TSTAN IRWMA Call for projects.

BACKGROUND:

The City of Angels is a member agency of the Tuolumne Stanislaus Integrated Regional Water Management Authority (IRWMA). Periodically, this IRWMA issues a call for projects that is open to all its agency members.

DISCUSSION:

The IRWMA serves as a funding source for projects aligning with JPA goals. The City currently uses manual read meters, identified as a vital capital project in the water masterplan. This manual process involves six employees dedicating significant resources each month to gather readings, leading to delays and potential errors.

Automated Meter Reading (AMR) offers an efficient alternative, automating data collection, reducing misreads, enabling timely leak detection, and promoting water conservation. AMR ensures accurate tracking and access to water consumption, particularly crucial during conservation periods.

The current budget employs a pay-as-you-go approach for installations, using collected rates to fund improvements. Securing a grant would spare ratepayers from covering the project costs, allowing capital investments to focus on other areas while maintaining lower rates. The City actively seeks grant funding to shield ratepayers from increases and enhance overall water management.

FINANCIAL IMPACT:

In the Fiscal Year 2023/24 budget, an allocation of $65,000 was set aside for replacements. The application seeks funding for the complete project, which will be outsourced to contractors for a faster 7E

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
execution. While the initial engineer's estimate from 2013 was $1,275,000, considering inflation and rising material costs, the current estimated project cost is closer to $1.5 million.

ATTACHMENTS:

Resolution No. 23-81

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-81
Resolution in Support of Funding Application for Water Meter Replacement Project WHEREAS, the City of Angels is a member agency of the Tuolumne Stanislaus Integrated Regional Water Management Authority (IRWMA), and
WHEREAS, the IRWMA periodically issues calls for projects that are open to all agency members, and
WHEREAS, the Fiscal Year 2023/24 budget of the City of Angels includes an allocation of $65,000 for water meter replacements, and
WHEREAS, the City of Angels seeks to complete the water meter replacement project efficiently by contracting the work, and
WHEREAS, the initial engineer's estimate for the project in 2013 was $1,275,000, and WHEREAS, taking into account inflation and increased material costs, the current estimated cost of the project is closer to $1.5 million, and
WHEREAS, the automated meter reading (AMR) system provides numerous benefits, including reduced misreads, more timely leak detection, and better water consumption management, which is crucial during conservation periods,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Angels that:

1. The City of Angels formally supports the submission of a funding application to the Tuolumne Stanislaus Integrated Regional Water Management Authority (IRWMA) for the comprehensive water meter replacement project.

2. The City of Angels will seek grant funding from the IRWMA to alleviate ratepayers from covering the project costs, allowing for capital investments in other areas while maintaining lower rates.

3. The City of Angels recognizes the importance of implementing the AMR system to improve water management, reduce misreads, enhance leak detection, and provide better control over water consumption for both the City and its consumers.

4. The City Administrator is authorized and directed to take all necessary actions to prepare and submit the funding application to the IRWMA and to actively pursue grant opportunities to support this project.

BE IT FURTHER RESOLVED that a copy of this resolution shall be distributed to the IRWMA and all relevant parties to formally convey the City of Angels' commitment to this project.

PASSED AND ADOPTED by the City Council of the City of Angels on this October 17, 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

Citywide Development and Infrastructure Update
Background:

This staff report provides a comprehensive overview of various ongoing projects and initiatives within the city, aimed at enhancing infrastructure, economic development, and community wellbeing. The report highlights key updates and milestones for each project, showcasing the city's commitment to progress and quality of life.

Wayfinding Signs:

This joint County/City project, led by the County's Public Works department, is progressing well.

The construction RFP is expected to be issued soon, with installation contingent on the contractor's schedule.

Angels Creek Trail:

The city has completed the cultural and environmental review process and is moving forward to the right-of-way phase. While the project has received funding through the CMAQ Improvement Grant, additional funds are required. The City Council has approved an application for Connecting Neighborhoods funding, with ongoing efforts to gather public support.

MACT Museum:

This high-profile project, situated within the city, is making significant progress. Groundbreaking has already taken place, and site work is underway. Weather permitting, the foundation work should be completed by year-end, with overall construction expected to conclude in 2024.

Habitat for Humanity:

While not city-funded, this project necessitates close coordination to manage impacts on the city's sewer infrastructure. The project has passed plan reviews and compliance conditions, with construction potentially commencing by Spring 2024.

Water/Wastewater Critical Infrastructure:
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
This project, including East Trunk, Vallecito Road, and Booster Way improvements, has made substantial progress after extensive collaboration with CalOES and FEMA. An important cultural resources site visit for Environmental Planning and Historic Preservation is scheduled for October 18-19. Pre-work is ongoing, with engineering actively surveying Booster Way.

Water Treatment Plant Improvement Project:

Work continues on this multi-year project in collaboration with Blackwater, City Engineering, and City Staff. The relocation of the septic system is the latest focus, with funding slated for the next fiscal year.

CalTrans SHOPP 10-1H700:

Commonly known as the SR 49 Sidewalk and Landscaping Project, this initiative is progressing well. Caltrans is actively working with landowners on easements and rights-of-way. The project encompasses additional sidewalks, bicycle lanes, and landscaping and is expected to start construction in 2025.

Sign Project:

Efforts are underway to replace approximately half of the city's signs using grant funding, with visible progress expected in the coming months.

Inflow and Infiltration Projects:

These projects are integral to the city's wastewater system and have been a consistent focus throughout the Capital Improvement project and wastewater master plan. Smoke testing is ongoing to identify areas requiring underground work.

AMI (Automated Meter Infrastructure):

The city is making strides in upgrading manual read meters to AMR meters, which will enhance efficiency in meter reading, billing, and leak detection. The staff is actively exploring grant funding opportunities to support this initiative.

Technology:

Several significant technology upgrades have been implemented, including overhauls of City Hall and Police Networks, deployment of Microsoft 365, and the use of IWorQ for various city departments. GIS data gathering and infrastructure maintenance scheduling are also in progress, contributing to enhanced citywide outreach.

Sidewalks:

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
Addressing trip and fall liabilities, the city has undertaken sidewalk improvements, primarily through grinding and patching. Future projects may consider changing trees to mitigate sidewalk degradation.

Overall Economic Development:

Efforts to boost economic development are ongoing, with staff working closely with ACBA and businesses. Several projects and grants are under consideration, including a bench project and trash can replacement project, both aimed at improving the downtown area's aesthetics.

Downtown Window Project:

The city is working on a vacant building ordinance to incentivize property owners to bring their buildings up to code, fostering a more vibrant downtown atmosphere.

Hop N’ Shop:

The BOGO program is set for a holiday season launch, with a new campaign and promotional efforts planned to encourage local shopping and support local businesses.

Business Grant Programs:

Staff is collaborating with ACBA to develop a framework for business grant programs. Once the program is established, guidelines and applications will be presented to the City Council for approval.

Frog Plaques:

Efforts are underway to create and install frog plaques, an exciting tradition to the city's cultural landscape.

The city remains dedicated to promoting growth, development, and community well-being, as evidenced by the wide range of projects and initiatives outlined in this report. Continued support from the City Council and the community is vital to their successful implementation.

FINANCIAL IMPACT:

None
ATTACHMENTS:

N/A

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: October 17, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: APPROVE RESOLUTION 23-82 APPROVING THE CONTINUED 41.00 VEHCIEL

REGISTRATION FEE SUPPORTING THE ABANONDED VEHCILE ABATEMENT PROGRAM

FOR THE NEXT TEN YEARS
RECOMMENDATION:

1. Approve the resolution to extend the AVA Fee for an additional ten (10) years.

2. Direct the City Clerk to transmit a certified copy of this resolution to the Clerk of the Board no later than October 20, 2023, to initiate the process of obtaining voter approval.

BACKGROUND:

The City of Angels City Council has been addressing the issue of abandoned, wrecked, dismantled, or inoperative vehicles and their associated parts as public nuisances in the community for several years.

The Abandoned Vehicle Authority (AVA) was established in accordance with sections 22710 and 9250.7 of the California Vehicle Code. The AVA has been funded through a registration fee imposed on vehicles registered in Calaveras County and certain commercial vehicles, commonly referred to as the AVA Fee.

The AVA Fee is essential for abating, removing, and disposing of these nuisance vehicles on both private and public property, with the primary goal of combatting neighborhood blight and decay.

In July 2012, the City of Angels City Council adopted Resolution No. 12-16, which extended the Abandoned Vehicle Abatement Program.

DISCUSSION:

Resolution: The City Council is being presented with a resolution for consideration, which proposes to extend the AVA Fee for an additional ten (10) years. This extension is essential to continue funding the abatement and removal of abandoned vehicles in the community.

Senate Bill 106, Chapter 175 of the Statutes of 2001, amended California Vehicle Code sections 22710 and 9250.7, allowing for the extension of the AVA Fee in increments of up to 10 years. Senate Bill 106 requires the County's Board of Supervisors, by a two-thirds vote, to adopt resolutions approving such an extension. However, Proposition 26, adopted by California voters in 2010, redefined the AVA Fee as a special tax, subject to voter approval.
7G

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
State law now mandates that any measure to extend the AVA Fee be submitted to the voters of Calaveras County for their approval. The Board of Supervisors is authorized to call a county-wide election for this purpose.

The current AVA Fee is set to sunset on June 30, 2023. If the fee is not extended, both the County and the City of Angels will be unable to recover a significant portion of the costs associated with abating nuisance vehicles. Consequently, this would result in an inability to continue the AVA program after all existing funds are exhausted.

This resolution is vital to continue the successful abatement of abandoned vehicles, ensuring the community remains free from neighborhood blight and decay. The extension of this existing fee will provide the necessary resources to maintain the important work carried out by the AVA program and support our Police Department and Code Compliance Department in their efforts.

FINANCIAL IMPACT:

None so long as the extension is approved by the voters of Calaveras County and the City of Angels.

ATTACHMENTS:

Resolution No. 23-82

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-82

A RESOLUTION OF THE CITY OF ANGELS APPROVING THE

EXTENSION OF THE CALAVERAS COUNTY/CITY OF ANGELS ABANDONED VEHICLE AUTHORITY (AVA) FOR AN ADDITIONAL TEN (10) YEARS

AND AGREEMENT WITH THE CALAVERAS COUNTY BOARD OF
SUPERVISORS TO PLACE A MEASURE ON THE MARCH 5,
2023 BALLOT TO RENEW ABANDONED VEHICLE ABATEMENT
FEES PURSUANT TO VEHICLE CODE SECTIONS 9250.7 AND 22710

AND REQUESTING CONSOLIDATION WITH ANY OTHER

ELECTION TO BE HELD ON THE SAME DATE
WHEREAS, sections 22710 and 9250.7 of the California Vehicle Code authorized the establishment of the Calaveras County/City of Angels Abandoned Vehicle Authority ("AVA") and the imposition of a $1.00 fee on vehicles registered in Calaveras County and $2.00 on certain commercial vehicles, referred to as the AVA Fee; and
WHEREAS, these registration fees are used exclusively for the abatement, removal, and disposal of any abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts as public nuisances, on private or public property, to combat neighborhood blight and decay; and WHEREAS, on July 3, 2012Resolution No. 12-16 was adopted by the City of Angels City Council approving the extension of the Abandoned Vehicle Abatement Program.

WHEREAS, Senate Bill 106, Chapter 175 of the Statutes of 2001, amended California Vehicle Code sections 22710 and 9250.7 to allow an extension of the registration fees in increments of up to 10 years; and
WHEREAS, Senate Bill 106 requires a county's board of supervisors, by a two-thirds vote, to adopt resolutions approving an extension of the registration fees; and WHEREAS, Proposition 26, adopted by the voters of California in 2010, altered the definition of a fee and resulted in the classification of the AVA Fee as a special tax subject to voter approval; and
WHEREAS, state law now requires that any measure to extend the AVA fee be submitted to the voters of the County for their approval, and authorizes the Board of Supervisors to call a countywide election for that purpose; and WHEREAS, the current AVA Fee sunsets on June 30, 2023, and the County and City of Angels will be unable to recover a significant portion of the costs of abating nuisance vehicles and thus be unable to continue the AVA program after all existing funds are exhausted.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Angels approves the extension of the AVA fee for an additional ten (10) years; and BE IT FURTHER RESOLVED, the City Clerk is directed to transmit a certified cope of this Resolution to the Clerk of the Board no later than October 20, 2023.

PASSED AND ADOPTED this 17th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG

CITY HALL
CITY OF ANGELS PO Box 667, 200 Monte Verda St. Suite B, Angels Camp, CA 95222 P: (209) 736-2181 Home of the Jumping Frog - Angelscamp.gov
DATE: October 17, 2023
TO: City Council
FROM: Rebecca Callen, City Administrator
RE: IMPLEMENTATION OF THE CITY OF ANGELS SERVICE PHILOSOPHY AND APPROVAL OF RESOLUTION 23-83 SERVICE PHILOSOPHY
RECOMMENDATION:

Adopt Resolution No. 23-83 Approving the City of Angels Kind and Helpful Excellence Service Philosophy.

BACKGROUND:

City Council agreed to a Service Philosophy on October 12, 2023, and the Strategic Planning Implementation Workshop. The words to represent our philosophy were “kind” and “helpful”.

Effective service delivery and positive interactions with our residents are pivotal to maintaining a vibrant and engaged community. As we strive to create a more resident-centric approach, a comprehensive service philosophy is essential.

DISCUSSION:

The "Kind and Helpful Excellence" service philosophy embodies the following principles:

1. Kindness:
- Empathy: We aim to understand and address residents' unique needs with compassion. - Respect: We treat every resident with courtesy, patience, and fairness. - Positivity: We maintain a positive attitude in all interactions to enhance resident experience.

2. Helpfulness:
- Proactive Assistance: We anticipate residents' needs and offer solutions to make their experience seamless. - Clear Communication: We prioritize transparent communication, ensuring residents are well-informed. - Continuous Improvement: We are committed to ongoing improvement in our knowledge, skills, and processes to better serve our community.
- Teamwork: Collaboration within our team is vital for tackling complex issues and providing comprehensive solutions.

Staff propose that the City of Angels City Council officially adopt the "Kind and Helpful Excellence" service philosophy as the guiding principle for all interactions with residents and as the foundation for our service delivery. 7H

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
Implementation Plan

1. Develop and circulate educational materials and training programs for city staff to familiarize them with the "Kind and Helpful Excellence" service philosophy.

2. Integrate the service philosophy into city policies and procedures, ensuring that it becomes an integral part of our daily operations.

3. Seek feedback from residents on their experience with city services to evaluate the effectiveness of the new service philosophy.

4. Regularly review and update the service philosophy as needed to adapt to the evolving needs of our community.

Budget Implications
The implementation of the "Kind and Helpful Excellence" service philosophy primarily involves the development of educational materials and training programs. These costs can be accommodated within the existing budget.

The adoption of the "Kind and Helpful Excellence" service philosophy aligns with our commitment to creating a resident-centric community. It will improve the quality of our services and the overall resident experience. We respectfully request that the City Council consider and approve this proposal.

FINANCIAL IMPACT:

None
ATTACHMENTS:

Resolution No. 23-83
Kind and Helpful Excellence Service Philosophy

CITY OF ANGELS

CITY COUNCIL
RESOLUTION No. 23-83
A RESOLUTION OF THE CITY OF ANGELS CITY COUNCIL TO ADOPT THE "KIND AND HELPFUL EXCELLENCE" SERVICE PHILOSOPHY
WHEREAS,; the City of Angels is committed to providing the highest quality of services to its residents, and recognizes the importance of enhancing the interactions and relationships with its community members;
WHEREAS,; a service philosophy founded on principles of kindness and helpfulness is vital in creating a positive and engaging experience for residents and visitors; WHEREAS,; the "Kind and Helpful Excellence" service philosophy, which emphasizes empathy, respect, proactive assistance, clear communication, continuous improvement, and teamwork, aligns with the city's core values and objectives;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Angels hereby adopts the "Kind and Helpful Excellence" service philosophy as the guiding principle for all interactions with residents, visitors, and the community.

1. Develop and circulate educational materials and training programs for city staff to familiarize them with the service philosophy.

2. Integrate the service philosophy into city policies and procedures, ensuring that it becomes an integral part of daily operations.

3. Seek feedback from residents and community members on their experience with city services to evaluate the effectiveness of the new service philosophy.

4. Regularly review and update the service philosophy as needed to adapt to the evolving needs of the community.

BE IT FURTHER RESOLVED, that the City Council encourages all city employees to embrace and embody the principles of the "Kind and Helpful Excellence" service philosophy in their daily interactions with the public.

BE IT FURTHER RESOLVED, that the City Council commits to providing the necessary resources and support for the successful implementation of the "Kind and Helpful Excellence" service philosophy.

BE IT FURTHER RESOLVED, that this resolution shall be effective immediately.

PASSED AND ADOPTED this 17thday of October, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Jennifer Herndon Mayor
_______________________
Rose Beristianos, City Clerk

HOME OF THE JUMPING FROG
City of Angels
Service Philosophy
Service Philosophy: Kind and Helpful Excellence
At the City of Angels, our service philosophy is founded on the principles of kindness and helpfulness. We believe that these two quali�es are not only the cornerstone of excep�onal customer service but also the bedrock of meaningful and enduring rela�onships with the community we serve.

Kindness:

1. Empathy: We understand that behind every customer inquiry or request, there's a person with unique needs, feelings, and circumstances. We approach each interac�on with empathy, striving to comprehend their perspec�ve and offer solu�ons that cater to their individual situa�on.

2. Respect: Every customer, regardless of their background, deserves our utmost respect. We treat each individual with courtesy, pa�ence, and fairness, ensuring they feel valued and heard.

3. Posi�vity: We maintain a posi�ve a�tude in all interac�ons, spreading goodwill and op�mism. Our aim is not only to resolve issues but to leave a posi�ve impact on our customers, enhancing their overall experience.

Helpfulness:

1. Proac�ve Assistance: We go above and beyond to an�cipate the needs of our customers. Instead of just reac�ng to inquiries, we proac�vely offer solu�ons, guidance, and support to make their experience as seamless as possible.

2. Clear Communica�on: We understand the importance of clear, transparent communica�on. We convey informa�on in a simple and understandable manner, and we ac�vely encourage ques�ons and dialogue to ensure our customers are well-informed.

3. Con�nuous Improvement: We're commited to con�nually improving our knowledge, skills, and processes to beter assist our customers. We listen to feedback and adapt to beter serve their evolving needs.

4. Teamwork: Collabora�on within our team is integral to our helpful approach.

We work together to tackle complex issues and ensure our customers receive comprehensive solu�ons and assistance.

By embracing kindness and helpfulness, we not only aim to meet but exceed the expecta�ons of our customers and community. We strive to create las�ng rela�onships built on trust, care, and a commitment to their well-being. Our service philosophy is not just a mantra; it's a way of life at the City of Angels, and we're dedicated to delivering excellence in every interac�on.

Angels Camp City CouncilOctober 17, 2023

Angels Camp City Council
October 17, 2023