Agenda packet, regular meeting, second session — Citrus Heights City Council Meetings, April 14, 2022

APRIL 14, 2022 REGULAR AGENDA

CITY OF CITRUS HEIGHTS CITY COUNCIL
7:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process.

The City of Citrus Heights is allowing for remote and in person participation. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please either complete a Speaker Identification Sheet and give it to the City Clerk, if participating via webcast you may use the Zoom hand raise function (or *9 if you join the webinar via telephone) and the host will unmute you when it is time to speak. Speakers will be limited to 3 minutes each.

Alternatively, you may submit your comment via email to [email protected] or by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City -Council- Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

Regular Meeting 7:00 p.m. Zoom Meeting –Webinar link:
https://us02web.zoom.us/j/84871557651
PLEASE NOTE: In order to minimize the spread of the COVID-19 virus, this meeting is being held pursuant to Government Code Section 54953(e). Please be advised that the some, or all, Council Members may attend City Council meetings telephonically or otherwise electronically.

If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk ’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.

April 14, 2022 Regular City Council Meeting Agenda Packet APRIL 14 2022 REGULAR MEETING AGENDA.PDF
Item 10 - Amended
ITEM 10 - AMENDED.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Honoring MealPro As A Business Of Distinction

5. Proclamation Of The City Of Citrus Heights Proclaiming April 10-16, 2022, As “National Public Safety Telecommunicators Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming April 10-16, 2022, As “National Animal Care & Control Appreciation Week”

7. Proclamation Of The City Of Citrus Heights Proclaiming April 17-23, 2002, As “National Volunteer Week”

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

PUBLIC COMMENT

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 24, 2022

9. SUBJECT: Approve Resolution For Continued Remote Meetings In Accordance With AB 361
STAFF: A. Van / R. Jones
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency

10. SUBJECT: Approval Of The Final Subdivision Map And Subdivision Improvement Agreement For Citrus Place Subdivision
STAFF: R. Cave / L. Blomquist / A. Flores
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision

11. SUBJECT: Amendment Business License Ordinance – Short-Term Rentals Second Reading
STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Adopt Ordinance No. 2022-003, An Ordinance of the City of Citrus Heights, California, Amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Section 22-451 through 22-460 Regarding Short-term Rentals

REGULAR CALENDAR

12. SUBJECT: Approval Of Sunrise MarketPlace Property-Based Improvement District 2021 Annual Report
STAFF: M. Huber
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Sunrise MarketPlace 2021 Annual Report

13. SUBJECT: First Reading Of Fireworks Regulation And Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Introduce for a first reading, and read it by title only, of Ordinance No. 2022-___, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks

14. SUBJECT: Drive-Through Facilities Discussion
STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Review staff presentation and provide direction to staff for future action

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
Documents:

Documents:

APRIL 14, 2022 REGULAR AGENDA

CITY OF CITRUS HEIGHTS CITY COUNCIL
7:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process.

April 14, 2022 Regular City Council Meeting Agenda Packet APRIL 14 2022 REGULAR MEETING AGENDA.PDF
Item 10 - Amended
ITEM 10 - AMENDED.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Honoring MealPro As A Business Of Distinction

5. Proclamation Of The City Of Citrus Heights Proclaiming April 10-16, 2022, As “National Public Safety Telecommunicators Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming April 10-16, 2022, As “National Animal Care & Control Appreciation Week”

7. Proclamation Of The City Of Citrus Heights Proclaiming April 17-23, 2002, As “National Volunteer Week”

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

PUBLIC COMMENT

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 24, 2022

REGULAR CALENDAR

14. SUBJECT: Drive-Through Facilities Discussion
STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Review staff presentation and provide direction to staff for future action

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
Documents:

Documents:

APRIL 14, 2022 REGULAR AGENDA

CITY OF CITRUS HEIGHTS CITY COUNCIL
7:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process.

April 14, 2022 Regular City Council Meeting Agenda Packet APRIL 14 2022 REGULAR MEETING AGENDA.PDF
Item 10 - Amended
ITEM 10 - AMENDED.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Honoring MealPro As A Business Of Distinction

5. Proclamation Of The City Of Citrus Heights Proclaiming April 10-16, 2022, As “National Public Safety Telecommunicators Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming April 10-16, 2022, As “National Animal Care & Control Appreciation Week”

7. Proclamation Of The City Of Citrus Heights Proclaiming April 17-23, 2002, As “National Volunteer Week”

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

PUBLIC COMMENT

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 24, 2022

REGULAR CALENDAR

14. SUBJECT: Drive-Through Facilities Discussion
STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Review staff presentation and provide direction to staff for future action

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
Documents:

Documents:

Printed on Recycled Paper
City Council meetings take place in
the City Hall Council Chambers.

Porsche Middleton, Mayor
Tim Schaefer, Vice Mayor
Jeannie Bruins, Council Member
Bret Daniels, Council Member
Steve Miller, Council Member

CITY OF CITRUS HEIGHTS

CITY COUNCIL
Regular Meeting of Thursday, April 14, 2022
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
Regular Meeting 7:00 p.m.

HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City’s legislative process. The City of Citrus Heights is allowing for remote and in person participation. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please either complete a Speaker Identification Sheet and give it to the City Clerk, if participating via webcast you may use the Zoom hand raise function (or *9 if you join the webinar via telephone) and the host will unmute you when it is time to speak. Speakers will be limited to 3 minutes each. Alternatively, you may submit your comment via email to [email protected]
or by completion of an online Speaker Card at
https://www.citrusheights.net/FormCenter/City-Council-Meetings-Speaker-Card-30. Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

Regular Meeting 7:00 p.m. Zoom Meeting –Webinar link: https://us02web.zoom.us/j/84871557651

The City provides three ways to watch a City Council meeting.

IN PERSON ONLINE ON TELEVISION

PLEASE NOTE: In order to minimize the spread of the COVID-19 virus, this meeting is being held pursuant to Government Code Section 54953(e). Please be advised that the some, or all, Council Members may attend City Council meetings telephonically or otherwise electronically.

If you need a disability-related modification or accommodation, to participate in this meeting, please contact the City Clerk’s Office 916-725-2448, [email protected], or City Hall 6360 Fountain Square Drive at least 48 hours prior to the meeting. TDD: California Relay Service 7-1-1.

April 8, 2022
_______________________
Amy Van, City Clerk

Watch the livestream and replay past
meetings on the City website.

Watch live and replays of meetings
on Sac Metro Cable, Channel 14.

Agenda Packet Page 1
Citrus Heights City Council Thursday, April 14, 2022

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Printed on Recycled Paper

REGULAR CITY COUNCIL MEETING
7:00 PM

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Bruins, Daniels, Miller, Schaefer, Middleton

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Honoring MealPro as a Business of Distinction

5. Proclamation of the City of Citrus Heights Proclaiming April 10-16, 2022, as “National Public Safety Telecommunicators Week”

6. Proclamation of the City of Citrus Heights Proclaiming April 10-16, 2022, as “National Animal Care & Control Appreciation Week”

7. Proclamation of the City of Citrus Heights Proclaiming April 17-23, 2002, as “National Volunteer Week”

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

PUBLIC COMMENT

CONSENT CALENDAR
It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action are requested by a Council Member.

8. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Regular Meeting of March 24, 2022

9. SUBJECT: Approve Resolution for Continued Remote Meetings in Accordance with AB 361 STAFF: A. Van / R. Jones
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution Making the Legally Required Findings to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency

10. SUBJECT: Approval of the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision
STAFF: R. Cave / L. Blomquist / A. Flores
Agenda Packet Page 2
Citrus Heights City Council Thursday, April 14, 2022

Page 3 of 3 ends

Printed on Recycled Paper
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision

11. SUBJECT: Amendment Business License Ordinance – Short-term Rentals Second Reading STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Adopt Ordinance No. 2022-003, An Ordinance of the City of Citrus Heights, California, Amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Section 22-451 through 22-460 Regarding Short-term Rentals

REGULAR CALENDAR

12. SUBJECT: Approval of Sunrise MarketPlace Property-Based Improvement District 2021 Annual Report
STAFF: M. Huber
RECOMMENDATION: Adopt Resolution No. 2022-___, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Sunrise MarketPlace 2021 Annual Report

13. SUBJECT: First Reading of Fireworks Regulation and Enforcement Ordinance STAFF: N. Garing / R. Jones
RECOMMENDATION: Introduce for a first reading, and read it by title only, of Ordinance No. 2022-___, An Ordinance of the City of Citrus Heights Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks

14. SUBJECT: Drive-through Facilities Discussion
STAFF: C. Kempenaar / A. Bermudez
RECOMMENDATION: Review staff presentation and provide direction to staff for future action.

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS/ FUTURE AGENDA ITEMS

ADJOURNMENT
Agenda Packet Page 3

CITY OF CITRUS HEIGHTS

CITY COUNCIL

MINUTES
Regular Meeting of Thursday, March 24, 2022
City Hall Council Chambers
6360 Fountain Square Drive
Citrus Heights, CA 95621

CALL REGULAR MEETING TO ORDER
The r
egular council meeting was called to order at 7:00 p.m. by Mayor Middleton.

1. The
Flag Salute was led by Council Member Miller.

2. Roll Ca
ll: Council Members present: Bruins, Daniels, Miller, Schaefer, Middleton Council Members absent: None
Staff present: Bermudez, Blomquist, Cave, Cimino, Feeney, Flores, Jones, Kempenaar, Nossardi, Piva, Poole, Turcotte, Van, and Zenoni.

3. The v
ideo statement was read by City Clerk Van.

APPROVAL OF AGENDA
ACTION: On a motion by Council Member Bruins, seconded by Vice Mayor Schaefer, the City Council approved the agenda.

AYES:

Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None

PRESENTATION

4. Pr
oclamation of the City of Citrus Heights Recognizing the San Juan High School Boys Varsity Basketball Team
Counc
il Member Daniels presented the students and staff of the San Juan High School Boys Varsity Basketball team with a proclamation recognizing their winning season. Students received a certificate of recognition along with an item from the Sacramento Kings. Coach Bryant and coaching staff were recognized for their successful season.

5. Pr
oclamation of the City of Citrus Heights Recognizing March 2022 as Women’s History Month Counc
il Member Bruins presented the Citrus Heights Women’s Club and the Soroptimist Club with a proclamation recognizing Women’s History Month.

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES
Counc
il Member Bruins provided an update from the Regional Sanitation board meeting. She also provided an update from the Police Activities League board meeting, including a coming recruitment for a PAL Coordinator.

Council Member Bruins shared information on upcoming PAL events such as the Hoppy Easter event, Egg My Item 8
Agenda Packet Page 4
Citrus Heights City Council Minutes Thursday, March 24, 2022

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House Event, Traffic Youth Safety Day, STAKE public safety event, Chalk It Up event at Rusch Park, and more.

Council Member Daniels provided an update from the Air Quality Board Conference in Yosemite. He shared kudos for the Citrus Heights Police Department’s quick response time. Council Member Daniels shared information regarding Easter events at the Sunrise Mall and Citrus Town Center.

Council Member Miller provided an update from the Connect Citrus Heights meeting. He also provided an update from the Sunrise MarketPlace board meeting. He shared information on a protective gear drive at the Birdcage shopping center for the citizens of Ukraine on April 16. Council Member Miller attended the Regional Transit employee appreciation day.

Vice Mayor Schaefer provided an update from the Library Board meeting. He also shared information regarding March being National Celery Month.

Mayor Middleton provided information on the Ukrainian protection gear drive at Birdcage. Mayor Middleton asked City Manager Feeney to provide information regarding a recent news article discussing the City’s budget.

City Manager Feeney stated he saw a recent news article and a correction has been submitted to the news outlet. There was a report that the budget surplus was $6.2 million, which was actually a revenue number, and the actual operating surplus for the last fiscal year was $3.6 million.

PUBLIC COMMENT

Kathy Morris addressed the Council regarding National Night out on August 2. The Citrus Heights Area Seven, Eight, Nine (CHASEN) association has reserved C-Bar-C Park for the event and an invitation will follow.

Rick Hodgkins addressed the Council regarding the holiday festivities at Sunrise Mall. He stated his support for not tearing down Sunrise Mall, and his desire to see an indoor and outdoor revitalization of the space.

Arthur Ketterling addressed the Council regarding the upcoming Regional Transit community survey.

Nicky McNally addressed the Council regarding an upcoming event for the Friends of Constitutional Sheriffs and Peace Officers Association. The event is April 2 and will discuss public safety.

City Clerk Van read a comment from Alfred Sanchez, “Snack Man’s birthday sock drive ends March 31. Alfred has been working to get as many socks donated for his birthday month as possible. Socks are so very important to homeless hygiene, so please consider contributing. He distributes snacks, provisions and resources to local homeless. Contact Alfred via Facebook. Alfred Sanchez aka Snack Man Citrus Heights.

Happy Birthday Snack Man.”

CONSENT CALENDAR

6. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Special/ Regular Meeting of March 10, 2022

Agenda Packet Page 5
Citrus Heights City Council Minutes Thursday, March 24, 2022

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7. SUBJECT: Declaration of Surplus Properties – Sayonara Drive STAFF: C. Kempenaar/ A. Bermudez
RECOMMENDATION: Adopt Resolution No. 2022-022, A Resolution of the City Council of the City of Citrus Heights, California, Declaring Certain Properties on Sayonara Drive as Exempt Surplus Land

8. SUBJECT: Audited Financial Statements and Compliance Report for Transportation Development Act Funds
STAFF: R. Prasad
RECOMMENDATION: Accept and File the City of Citrus Heights Transportation Development Act (TDA) Funds Audited Financial Statements and Compliance Report for Fiscal Year Ended June 30, 2021

9. SUBJECT: Resolution of Opposition to Inadequately Funded State Mandates STAFF: R. Cave/ M. Poole
RECOMMENDATION: Adopt Resolution No. 2022-023, A Resolution of the City Council of the City of Citrus Heights, California, Expressing Opposition of Inadequately Funded State Mandates

10. SUBJECT: 2021 General Plan Annual Progress Report
STAFF: C. Kempenaar/ E. Singer
RECOMMENDATION: Adopt Resolution No. 2022-024, A Resolution of the City Council of the City of Citrus Heights, California, Accepting the 2021 General Plan Annual Progress Report

11. SUBJECT: AB 481 – Military Equipment Policy for the Police Department STAFF: A. Turcotte / M. Wells
RECOMMENDATION: Introduction of Military Equipment Use Policy and draft ordinance for future consideration at the April 28, 2022 City Council meeting pursuant to AB 481.

ACTION: On a motion by Vice Mayor Schaefer, seconded by Council Member Miller, the City Council adopted Consent Calendar Items 6, 7, 8, 9, 10 and 11.

AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None

7:15 P.M. PUBLIC HEARING

11. SUBJECT: Public Hearing #4 on the Redistricting Process STAFF: A. Van
RECOMMENDATION: The following is recommended;

a. Hold a public hearing to review the final map and receive public input regarding the composition of district boundaries; and

b. Approve the second reading and adopt Ordinance No. 2022-002, an Ordinance of the City Council of the City of Citrus Heights Adopting a Map Describing Five Council Districts Pursuant to California Elections Code Sections 21600-21609 and Amending Article II of Chapter 2 of the Citrus Heights Municipal Code.

Agenda Packet Page 6
Citrus Heights City Council Minutes Thursday, March 24, 2022

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City Clerk Van introduced the item. This is the final public hearing in the redistricting process. The intention of this public hearing is to engage residents and community members in the redistricting process and finalize the district map as presented.

Mayor Middleton opened the public hearing at 7:45 p.m.

Rick Hodgkins addressed the Council regarding the redistricting process and his desire to see residents with disabilities represented adequately in their districts.

A resident addressed Council regarding the construction of single-family homes near Costco and Walmart.

The fence at his home was taken down and replaced with a chain link fence, which affected his family’s privacy.

Mayor Middleton closed the public hearing at 7:50 p.m.

ACTION: On a motion by Council Member Bruins, seconded by Council Member Daniels, the City Council Approved the second reading and adopted Ordinance No. 2022-002, an Ordinance of the City Council of the City of Citrus Heights Adopting a Map Describing Five Council Districts Pursuant to California Elections Code Sections 21600-21609 and Amending Article II of Chapter 2 of the Citrus Heights Municipal Code.

AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None

PUBLIC HEARING

13. SUBJECT: Consolidated Annual Performance Evaluation Report to the U.S. Department of Housing and Urban Development on Program Year 2021 Community Development Block Grant Funds STAFF: C. Kempenaar/ S. Cotter/ N. Piva
RECOMMENDATION: The following is recommended:

a. Conduct a public hearing to review the city’s Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) 2021 program year; and

b. Adopt Resolution No. 2022-025, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Consolidated Annual Performance Evaluation Report for Program Year 2021 and Direct Staff to Submit, with Minor Modifications as Necessary, the CAPER report to the U.S. Department of Housing and Urban Development (HUD).

Housing & Grants Technician II Piva introduced the 2021 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program. The CAPER is an annual evaluation of the CDBG Program, which provided a review of all CDBG funded activities and programs for the 2021 program year. The 2021 CDBG grant amount was $647,381, with an additional CDBG-CV grant amount of $544,198. The program also received $121,444 in Housing Loan Payments from the first-time homebuyers program. CDBG Expenditures included projects such as the various signalized intersection & safety improvement project, the Sunrise Recreation & Park District San Juan Park Facilities Improvement Project, critical home repair home grant program, and the home repair program. In partnership with capital improvement projects and nonprofits, the CDBG funds served 12,066 persons/households in 2021. Nonprofits Agenda Packet Page 7
Citrus Heights City Council Minutes Thursday, March 24, 2022

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that received CDBG funds include Meals on Wheels, Single Mom Strong, and Rebuilding Together Sacramento.

Mayor Middleton opened the public hearing at 7:59 p.m. Hearing no public comments, she closed the public hearing.

ACTION: On a motion by Council Member Bruins, seconded by Council Member Daniels, the City Council Adopted Resolution No. 2022-025, A Resolution of the City Council of the City of Citrus Heights, California, Approving the Consolidated Annual Performance Evaluation Report for Program Year 2021 and Direct Staff to Submit, with Minor Modifications as Necessary, the CAPER report to the U.S. Department of Housing and Urban Development (HUD).

AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None

14. SUBJECT: Amendment Business License Ordinance – Short-term Rentals STAFF: C. Kempenaar/ A. Bermudez
RECOMMENDATION: Introduce for First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-003, An Ordinance of the City of Citrus Heights, California, Amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Section 22-451 through 22-460 Regarding Short-term Rentals

Associate Planner Bermudez presented the item regarding an amendment to the business license ordinance.

This presentation is a follow-up from a September 2021 study session to consider and amendment to the Business Regulation section of the Municipal Code by including the operation of a short-term rental (STR’s) the same as other business types and requires short-term rentals to obtain a general business license. Short- term rentals as defined as lodgings rented for 30 days or less, they are commonly advertised through platforms such as VRBO and Airbnb. This item was brought forward due to an increased number of STRs in Citrus Heights resulting in a high volume of calls for service. The City currently does not have any policies or codes related to STR’s. Bermudez stated that while it can be a challenge to identify STR locations, staff have used on-line platforms to identify 70 listings and 52 property addresses. Bermudez shared that 25% of the verified properties had at least one call for service over a 24-month period. The benefit of amending the current Business Regulation section of the Municipal Code will allow staff to confirm the property’s use, provide owner contact information, and provide regulation to deter noise by limiting the number of guests.

Bermudez noted that many of the neighboring cities have incorporated regulations on STR’s.

Council comments and discussion followed.

Mayor Middleton opened the public hearing at 8:23 p.m. Hearing no public comment, she closed the hearing.

Agenda Packet Page 8
Citrus Heights City Council Minutes Thursday, March 24, 2022

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ACTION: On a motion by Council Member Bruins, seconded by Council Member Miller, the City Council Introduced for First Reading, Read by Title Only and Waive the Full Reading of Ordinance No. 2022-003, An Ordinance of the City of Citrus Heights, California, Amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Section 22-451 through 22-460 Regarding Short-term Rentals.

AYES: Bruins, Miller, Schaefer, Middleton
NOES: Daniels
ABSENT: None

REGULAR CALENDAR

15. SUBJECT: Resolution Authorizing Payment of the Outstanding Revolving Line of Credit Balance and Amending the General Fund Budget for Fiscal Years 2021-22 and 2022-23 STAFF: B. Zenoni
RECOMMENDATION: Adopt Resolution No. 2022-026, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing Payment of the Outstanding Revolving Line of Credit Balance and Amending the General Fund Budget for Fiscal Years 2021-22 and 2022-23

Interim Administrative Services Director Zenoni presented the item which authorizes the payment of the outstanding revolving line of credit balance. In 2018, the City issued short term financing to meet operational costs until the City would receive property tax from Sacramento County. The Citrus Heights Community Center was put as collateral for the short-term loan. The City received a $12 million dollar revolving line of credit with a 6-year term. The current outstanding balance is $3.5 million dollars with $3.4 million used for the purchase of the Sylvan property. The City does not foresee any additional funds being withdrawn from this revolving line of credit. With a budget surplus from 2021 and a current projected surplus for 2022, staff recommends paying the outstanding line of credit.

Council comments followed.

ACTION: On a motion by Council Member Daniels, seconded by Council Member Miller, the City Council Adopted Resolution No. 2022-026, A Resolution of the City Council of the City of Citrus Heights, California, Authorizing Payment of the Outstanding Revolving Line of Credit Balance and Amending the General Fund Budget for Fiscal Years 2021-22 and 2022-23.

AYES: Bruins, Daniels, Miller, Schaefer, Middleton
NOES: None
ABSENT: None

CITY MANAGER ITEMS

City Manager Feeney provided updates on the Bonita Drainage Improvements Project, APRA Small Business Grant Application update, and Citrus Heights Cares, which lists reputable relief organizations responding to Ukraine for refugee support.

Agenda Packet Page 9
Citrus Heights City Council Minutes Thursday, March 24, 2022

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ITEMS REQUESTED BY COUNCIL MEMBERS/ FUTURE AGENDA ITEMS

Council Member Daniels requested a report on the possible annexation of the Roseville Point subdivision.

Council Member Miller requested to discuss the item at the Strategic Planning retreat. Vice Mayor Schaefer stated his support to discuss the item.

ADJOURNMENT

Mayor Middleton adjourned the regular meeting at 8:37 p.m.

Respectfully submitted,

__________________________
Amy Van, City Clerk
Agenda Packet Page 10
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: April 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Amy Van, City Clerk
Ryan Jones, City Attorney
SU
BJECT: Approve Resolution for Continued Remote Meetings in Accordance with AB 361
Summary and Recommendation
Staff recommends the City Council adopt Resolution No. 2022-___ a resolution making the legally required findings to continue to authorize the conduct of remote “telephonic” meetings during the State of Emergency.

Fiscal Impact
Th
ere is no fiscal impact associated with this item.

Background and Analysis
At
the October 14, 2021 regular meeting, the City Council adopted Resolution No. 2021-082 making the legally required findings to authorize the conduct of remote “telephonic” meetings during a declared state of emergency pursuant to Government Code. The City Council determined that as a result of the COVID-19 pandemic and state of emergency, meetings in person of the City Council and all legislative bodies of the City would present imminent risks to the health or safety of attendees.

In t
he event of an ongoing proclaimed state of emergency, in order to continue to conduct meetings remotely, any time after the first remote meeting of the legislative body, it can meet remotely if both of the following apply:

1. Sta
te/local emergency/social distancing. Either:
a. “a state of emergency remains active” or
b. “state or local officials have imposed or recommended measures to promote social distancing” and
Item 9
Agenda Packet Page 11
Subject: Approve Resolution for Continued Remote Meetings in Accordance with AB 361 Date: April 14, 2022

Page 2 of 2 ends

Printed on Recycled Paper

2. 30 days. Within the last 30 days (which vote may occur at that meeting) the legislative body has made the following findings by majority vote “(A) The legislative body has reconsidered the circumstances of the state of emergency. (B) Any of the following circumstances exist (i) The state of emergency continues to directly impact the ability of the members to meet safely in person. (ii) State or local officials continue to impose or recommend measures to promote social distancing.”

Governor Newsom’s March 4, 2020 Proclamation of Emergency related to the COVID-19 pandemic is still in effect. It is important to note that neither AB 361 nor the attached resolution would require meetings be held in an all-virtual format. By adopting this resolution would allow a “hybrid” format where council members and staff participate either in person or remotely depending on their individual circumstances. Additionally, the hybrid formal allows the public to continue to participate remotely. Failing to adopt this resolution would require meetings to be held in-person under traditional Brown Act parameters (noticing the teleconference location, providing access to the public, etc.); adopting the resolution would give the flexibility as it moves forward with meetings.

If the City intends to conduct meetings remotely, it should add to every agenda a consent calendar item to reaffirm the findings described above, which are required to allow the remote meetings. This resolution also makes the necessary finings for all subordinate legislative bodies of the City, such as the Planning Commission, so these bodies can also continue to meet remotely on an ongoing basis.

Attachments

1. Resolution to Continue to Authorize the Conduct of Remote “Telephonic” Meetings During the State of Emergency

Agenda Packet Page 12

RESOLUTION NO. 2022- ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS

HEIGHTS MAKING THE LEGALLY REQUIRED FINDINGS TO

CONTINUE TO AUTHORIZE THE CONDUCT OF REMOTE
“TELEPHONIC” MEETINGS DURING THE STATE OF EMERGENCY

WHEREAS, on March 4, 2020, pursuant to California Gov. Code Section 8625, the Governor declared a state of emergency stemming from the COVID-19 pandemic (“Emergency”); and

WHEREAS, on September 17, 2021, Governor Newsom signed AB 361, which bill went into immediate effect as urgency legislation; and

WHEREAS, AB 361 added subsection (e) to Government Code Section 54953 to authorize legislative bodies to conduct remote meetings provided the legislative body makes specified findings; and

WHEREAS, as of September 19, 2021, the COVID -19 pandemic has killed more than 67,612 Californians; and

WHEREAS, social distancing measures decrease the chance of spread of COVID-19; and

WHEREAS, this legislative body previously adopted a resolution to authorize this legislative body and all other subordinate legislative bodies of the City to conduct remote “telephonic” meetings; and

WHEREAS, Government Code 54953(e)(3) authorizes legislative bodies of the Cit y to continue to conduct remote “telephonic” meetings provided that the City has timely made the findings specified therein.

NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Citrus Heights as follows:

1. This legislative body declares that it has reconsidered the circumstances of the state of emergency declared by the Governor and at least one of the following is true: (a) the state of emergency, continues to directly impact the ability of the members of this legislative body and all subordinate legislative bodies of the City to meet safely in person; and/or (2) state or local officials continue to impose or recommend measures to promote social distancing.

Agenda Packet Page 13

PASSED, APPROVED AND ADOPTED this 14
th day of April, 2022 by the following roll
call vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

_______________________________
Porsche Middleton, Mayor

ATTEST:

________________________________
Amy Van, City Clerk

Agenda Packet Page 14

CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: April 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Regina Cave, General Services Director
Leslie Blomquist, City Engineer
Ardelyn Flores, Associate Civil Engineer
SU
BJECT: Approval of the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision
Summary and Recommendation
On July 26, 2006, the Planning Commission approved , with conditions, the Tentative Map for the Citrus Place Subdivision submitted by Citrus Place, LLC. Since then, the parcel has been sold several times, and in 2021 it was purchased by Citrus Place 8, LLC (Developer) . With several map extensions issued by the State of California and the City of Citrus Heights, the approved Tentative Map has remained valid. The development consists of one existing parcel (total 2.27 gross acres) and is located on the west side of Wachtel Way approximately 1,100 feet south of Old Auburn Road.

The subdivision map creates eight single-family residential lots.

Th
e City Engineer reviewed the tentative map approval documents , the final subdivision map (Attachment A), subdivision improvement agreement with bonds (Attachment B) and found the final subdivision map to be technically correct and in substantial compliance with the conditionally approved tentative map.

Staff recommends the Cit y Council approve Resolution No. 2022-___ a Resolution of the City Council of the City of Citrus Heights, California, Approving the Final Subdivision Map and Subdivision Improvement Agreement for the Citrus Place Subdivision.

Fiscal Impact
The
re is no fiscal impact associated with this item. However, as a condition of this project, the developer will construct:
• approximately 240 linear feet of roadway centerline
• approximately 635 linear feet of sidewalk, curb & gutter • 3 street lights and related infrastructure
• storm drain facilities
Item 10
Agenda Packet Page 15
Subject: Approval of the Final Subdivision Map and SIA for Citrus Place Subdivision Date: April 14, 2022

Page 2 of 2 ends

Once the project is complete and accepted by the city, the city will be responsible for the ongoing maintenance and operations costs associated with these public improvements.

Background and Analysis

The approved tentative subdivision map subdivides the existing parcel into eight single-family lots.

Mapping Requirements
Per the Subdivision Map Act, a subdivision map is required for real property subdivisions creating five or more parcels, while a parcel map is required for subdivisions creating four or fewer parcels.

Tentative maps are required for either process, but may be waived in certain instances.

In Citrus Heights, the Planning Commission is the hearing body that reviews and approves tentative maps. On July 26, 2006, t he Planning Commission approved the Citrus Place tentative map. The Planning Commission meeting minutes and conditions of approval can be found on the city’s website at
https://www.citrusheights.net/DocumentCenter/View/1579/Planning-Commission-Meeting- Minutes-July-26-2006-PDF.

After the tentative map is approved, the Developer must construct subdivision improvements and prepare a final map in accordance with the conditions of approval. Once the improvements have been completed and field accepted, and the final map is determined to be technically correct and in substantial compliance to the approved tentative map, the legislative body of the local agency must accept the subdivision improvements and app rove/accept the final map prior to recordation of the final map.

For the Citrus Place Development, the Developer is proposing to record the map prior to completing the construction of the subdivision improvements. To accomplish this, the Developer proposes to execute a subdivision improvement agreement (SIA). Under the proposed SIA, the Developer will bond for the public improvements and complete construction of the improvements prior to May 1, 2023.

The Developer submitted the subdivision improvement agreement, prepared engineering plans, and bonded for said improvements. Additionally, the final map and supporting documents necessary to comply with the approved tentative map and associated conditions of approval submitted by the Developer have been approved.

Attachments

1. Resolution No. 2022-___ a Resolution of the City Council of the City of Citrus Heights, California, Approving the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision

2. Final Subdivision Map – Citrus Place Subdivision

3. Subdivision Improvements Agreement
Agenda Packet Page 16

Agenda Packet Page 17
RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,

CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP AND SUBDIVISION

IMPROVEMENT AGREEMENT FOR CITRUS PLACE SUBDIVISION

WHEREAS, Citrus Place 8, LLC (Developer) submitted an application to subdivide the subject property described as the Citrus Place Subdivision located within the City of Citrus Heights, Sacramento County, California. The subdivision map application subdivides the existing parcel (total 2.27 gross acres) located on the west side of Watchel Way, approximately 1,100 feet south of Old Auburn Road. The final map creates eight single-family residential parcels;

WHEREAS, on July 26, 2006, the Planning Commission of Citrus Heights, California approved, with conditions, the tentative subdivision map titled, “Tentative Map Citrus Place Subdivision” prepared by Riechers Spence Associates;

WHEREAS, the City Engineer reviewed the tentative map approval documents and the final subdivision map, prepared by RICK Engineering Company, and found the final subdivision map to be technically correct and in substantial compliance with the conditionally approved tentative map; and

WHEREAS, the Developer submitted a Subdivision Improvement Agreement and bonded for the public improvements.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City of Citrus Heights does hereby declare that the subdivision agreement and final map titled, “FINAL MAP OF CITRUS PLACE SUBDIVISION, SUBDIVISION NO. 04-09, A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19, TOWNSHIP 10 NORTH, RANGE 7 EAST,

MOUNT DIABLO BASE AND MERIDIAN, CITY OF CITRUS HEIGHTS, STATE OF CALIFORNIA, APN 224-0162-017”, dated April 2022, as prepared by RICK Engineering Company, is approved and accepted and authorizes the City Manager to execute a subdivision improvement agreement for public improvements.

The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of Citrus Heights, California, this 14 th day
of April 2022 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

Porsche Middleton, Mayor
ATTEST:

Amy Van, City Clerk

Agenda Packet Page 18
MATT D
No. 8501

LICENSEDLAND

SURVEYOR
STATE
OF

CALIFORNIA
MORROW
Attachment 2
Agenda Packet Page 19
LEGEND

IP IRON PIPE
(M) MEASURED

FINAL MAP OF
BASIS OF BEARINGS SHEET 2 OF 3

BASIS OF BEARINGS SHOWN HEREON ARE BASED ON THE SOUTHERLY LINE OF THAT RECORD OF SURVEY FILED IN BOOK 28 OF SURVEYS, AT PAGE 13, O.R., BEING N 00"22'54" E (R1 ).

O.R. OFFICIAL RECORDS OF SACRAMENTO COUNTY CITRUS PLACE SUBDIVISION REFERENCE DATA PUE PUBLIC UTILITY EASEMENT (R) RADIAL LINE

ROW RIGHT OF WAY

SCR SACRAMENTO COUNTY RECORDS

SDE STORM DRAIN EASEMENT

SF SQUARE FEET

SSE SANITARY SEWER EASEMENT
:.'. FOUND MONUMENT AS NOTED
SUBDMSION NO. 04-09
A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19,
TOWNSHIP 10 NORTH, RANGE 7 EAST, MOUNT DIABLO BASE AND MERIDIAN,

CITY OF CITRUS HEIGHTS, COUNTY OF SACRAMENTO, STATE OF CALIFORNIA ,�
RICK
APN 224-0162-017
2525 EAST BIDWELL STREET
FOLSOM, CA 95630
916.638.8200
(FAX)916.934.5144
R1 BOOK 28 OF RECORD OF SURVEY, PAGE 13
R2 BOOK 35 OF PARCEL MAPS, PAGE 47
R3 BOOK 138 OF SUBDIVISION MAP, PAGE 22
R4 BOOK 149 OF SUBDIVISION MAP, PAGE 17
R5 BOOK 26, OF PARCEL MAP, PAGE 47
R6 BOOK 131, OF SUBDIVISION MAP, PAGE 04
R7 BOOK 20120521, PAGE 1651, SCR
R8 BOOK 20131004, PAGE 0612, SCR
0 DIMENSION POINT, NOTHING FOUND OR SET ENGINEERING COMPANY ri cken gi neeri n g.com NOTES Sacramento San Diego - San Luis Obispo - Bakersfield - Riverside - Orange - Phoenix - Tucson 0 SET ¾" GALVANIZED IRON PIPE, 18" IN LENGTH. TOP OF PIPE

SHALL BE DRIVEN FLUSH WITH SURFACE PAVEMENT AND
TAGGED LS 8501 BASIS OF BEARINGS
'-------N00"22'54"E 1304.84' __j

1. 2.

THE TOTAL AREA OF THIS MAP IS 2.3± ACRES GROSS
ALL DISTANCES_ALONG CURVED LINES ARE ARVISTANCES _________ 1¼" IP TAGGED
SET %" REBAR, TAGGED LS 8501
({t) CENTERLINE

EASEMENT LINE

SUBDIVISION BOUNDARY

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Agenda Packet Page 20
CURVE
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LINE LENGTH DIRECTION CITRUS PLACE SUBDIVISION
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L2 18.72'
L3 6.07'
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A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 19,
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ENGINEERING COMPANY
NOTES
Sacramento

1. ALL DISTANCES ALONG CURVED LINES ARE ARC DISTANCES.

2. PROPERlY LINE FOR LOTS 4 TO 8 INTERSECTING THE

RIGHT OF WAY LINE ARE REFERENCED WITH CHISEL MARK
ON BACK OF SIDEWALK. ALL OTHER ANGLE POINTS AND
INTERSECTIONS OF PROPERlY LINES ARE MONUMENTED
WITH % " REBAR AND TAGGED LS 8501.

3. EACH PARCEL SHALL CONVEY TO THE REMAINING PARCELS,
AS NEEDED, MINIMUM 10-FOOT WIDE PRIVATE SEWER

EASEMENTS FOR INSTALLATION AND/OR MAINTENANCE OF

SANITARY SEWER, AT NO COST AT THE TIME OF SALE OR
OTHER CONVEYANCE OF ANY PARCEL.
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916.638.8200
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Agenda Packet Page 21
1 NO FEE DOCUMENT
Government Code § 6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

TY OF CITRUS HEIGHTS
6360 Fountain Square Drive
Citrus Heights, CA 95621
Attention: City Clerk
SU

BDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CITRUS HEIGHTS, A MUNICIPAL CORPORATION AND CITRUS PLACE 8, LLC,

A CALIFORNIA LIMITED LIABILITY COMPANY
This Subdivision Improvement Agreement (“Agreement”) is made and entered into this ______ day of April, 2022, by and between the City of Citrus Heights, a municipal corporation, hereinafter referred to as “City,” and Citrus Place 8, LLC, a Utah limited liability company, hereinafter referred to as “Subdivider.”

RECITALS
A. Subdivider has presented to City a final map of a proposed subdivision of land located within the corporate limits of City that has been prepared in accordance with the Subdivision Map Act of the State of California, the subdivision ordinances of City, and the Subdivision’s tentative map approved by the City Council.

B. City approved the proposed subdivision of land as the “Tentative Subdivision Map Citrus Place Subdivision” on July 26, 2006 and is hereinafter referred to as the “Subdivision” or the “Project.”
C. Subdivider has requested approval of the final map prior to the construction and completion of the public improvements, including, but not limited to streets, highways, public ways, sidewalks, curbs, gutters, storm drainage facilities, sound walls, street lights, public utility facilities, design standards which are part of the provisions for lot grading and drainage in or appurtenant to the Subdivision, and other public improvements that are required by the Subdivision Map Act, the subdivision ordinances of City, the tentative map (and approvals given in connection therewith), and final grading plan, if any, approved by City. The foregoing improvements are hereinafter referred to as “Required Improvements.” NOW, THEREFORE, the parties agree as follows:

1. Incorporation of Recitals . The foregoing recitals are true and correct, and incorporated herein by reference.

Attachment 3
Agenda Packet Page 22
2 2. Performance of Work. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Required Improvements as shown on the plans and specifications of the Subdivision, a copy of which is on file in the office of the City Manager, and is incorporated herein by reference, along with any changes or modifications as may be required by City Manager or the City Manager’s designee (hereinafter “City Manager”) due to errors, omissions, or changes in conditions. The plans and specifications of the Required Improvements may be modified by the Subdivider as the development progresses, subject to the prior written approval of City Manager. The total estimated cost of the Required Improvements as determined by the City Manager is four hundred eighty thousand dollars ($480,000.00).

3. Work; Satisfaction of City Manager. All of the work on the Required Improvements is to be done in accordance with the approved plans and specifications and City’s Improvement Standards and Specifications, to the satisfaction of the City Manager.

4. Injury to Public Improvements, Public Property or Public Utilities Facilities.

Subdivider shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Subdivider shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement. Any repair or replacement shall be to the satisfaction of the City Manager.

5. Inspection. Subdivider shall at all times maintain proper facilities and safe access for inspection of the Required Improvements by City and to the locations wherein any work for the Required Improvements is in preparation. Subdivider shall request a final inspection by the City Manager or the City Manager’s representative upon completion of the Required Improvements.

If the City Manager or designated representative determine that the work has been completed in accordance with this Agreement, the City Manager shall certify the completion of the Required Improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Subdivider shall bear all costs of plan check, inspection(s) and certification.

6. Safety Devices. Subdivider shall provide and maintain such guards, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the Property as may be necessary to prevent accidents to the public and damage to the Property and adjacent property.

Subdivider shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from the site of the work by Subdivider, and the entire site left clean and orderly.

7. Superintendence by Subdivider. Subdivider shall require each contractor and subcontractor to have a competent project manager on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required Improvements. In addition, Subdivider shall maintain an office with a telephone and Subdivider Agenda Packet Page 23
3 or a person authorized to make decisions and to act for Subdivider in Subdivider’s absence shall be available on the job site within three (3) hours of being called at such office by City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.

8. Work; Time for Commencement and Performance. Work on the Required Improvements will commence by the Subdivider on May 1, 2022 and Work on the Required Improvements shall be completed on or before May 1, 2023. City will accept the Required Improvements only after the Subdivider provides written notice to City that the Required Improvements are complete and City determines in writing that the Required Improvements are complete and consistent with all applicable terms and conditions.

9. Time of Essence; Extension.
a. Time is of the essence of this Agreement. The dates for commencement and completion of the Required Improvements (“Dates”) may not be extended, except as provided in this paragraph. The City Manager may extend the Dates for a maximum of one hundred and eighty (180) days, for delays in work caused by inclement weather, riots, strikes, lockouts, fires, earthquakes, floods and conditions resulting therefrom, or for any other reason that is beyond the control of the Subdivider. The City Council shall authorize the extension of the Dates for any other cause, or an extension beyond one hundred and eighty (180) days.

Extensions shall be granted only upon a showing of good cause by the Subdivider. The City Council or City Manager, as designated above, shall be the sole and final judge as to whether Subdivider shall be granted an extension.
b. Requests for extension of Dates shall be in writing and delivered to City in the manner hereinafter specified for service of notices. If City grants an extension of time, such extension shall be in writing to Subdivider in the manner hereinafter specified for service of notices. City shall not be bound by an oral extension of Dates. c. If City extends the Dates, such extension may be granted without written notice by City to the Subdivider’s surety, and shall in no way release any guarantee or security given by the Subdivider pursuant to this Agreement, or relieve or release those providing an improvement security pursuant to this Agreement. The surety or sureties, if any, in executing the securities shall be deemed to have expressly agreed to any such extension of time. d. In granting any extension of Dates, City may require a new or amended improvement security in amounts to reflect increases in the costs of constructing the Required Improvements, and/or impose other conditions to protect City’s interests and ensure the timely completion of the Required Improvements.

11. Improvement Security. Concurrently with the execution of this Agreement, Subdivider shall furnish to City security to ensure the faithful performance of all duties and Agenda Packet Page 24
4 obligations of Subdivider herein contained. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City. City shall be the sole indemnitee named on any instrument required by this section. a. Faithful Performance Security. Subdivider shall maintain faithful performance security as set forth in the Citrus Heights Municipal Code Chapter 8, Article XII, Chapter 22.80 to secure faithful performance of this Agreement (“Faithful Security”). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Manager. b. Payment Security. Subdivider shall maintain payment security as set forth in the Citrus Heights Municipal Code Article XII Chapter 22.80 to secure payment to its contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the work (“Payment Security”). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Manager.
c. Guarantee and Warranty Security. Subdivider shall maintain a guarantee and warranty security in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Manager, to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance, against any defective work or labor done, or defective materials furnished (“Guarantee Security”).
d. Monument Security. Subdivider shall maintain a monument security in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments in the Subdivision, as determined by the City Manager, which total cost is in the amount of One Thousand Five Hundred Dollars ($1,500.00), to guarantee and secure the placement of such monuments (“Monument Security”).
e. Bond security requirements. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. These bonds shall be furnished on the forms enclosed following this Agreement or as approved by the City Attorney in writing. The bonds must also receive City approval. The bonds shall be obtained from a responsible corporate surety (or sureties) acceptable to City; the surety must be licensed by the State of California to act as surety upon bonds and undertakings and maintains in this State at least one office of business. The premiums for the bonds shall be paid by Subdivider.

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5 f. All securities requirements.
i. No change, alteration, or a ddition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. ii. The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Manager and as provided in Section 12. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Required Improvements, whether or not the surety is given written notice of such an extension by City. i ii. The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his/her authority. A notary shall acknowledge the Power of Attorney as of the date of the execution of the surety bond that it covers.

12. Release of Security.
a. Guarantee Security. Guarantee Security shall be released one year after the City Council’s acceptance of the Required Improvements. The amount released shall first be reduced by the amount deemed necessary by City to correct any defects in the Required Improvements that are known or believed to exist at the end of the Guarantee Security period. b. Payment Security. Payment Security shall be released thirty-five (35) days after the date when claims of lien are required to be recorded pursuant to Civil Code Sections 9000 et seq., but in no event shall the Payment Security be released prior to one hundred twenty (120) days after City Council’s acceptance of the Required Improvements. The amount released shall first be reduced by the total of all claims filed and written notice thereof given to City. City may require the surety not to release the amount of Payment Security to assure payment of City’s reasonable expenses and fees, including attorneys’ fees. c. Faithful Performance Security. Faithful Security shall be released after City Council’s acceptance of the Required Improvements. d. Monument Security. Monument Security shall be released upon City Manager’s acceptance of the required monument installation.

13. Inspection and Other Fees. Subdivider shall pay City all fees imposed in connection with the construction and inspection of the Required Improvements. These fees must be paid in full prior to City’s acceptance of the Required Improvements. The fees referred to above are not the only City fees, charges or other costs that have been, or will be, imposed on the Subdivision and its development, and this Agreement shall in no way exonerate or relieve the Subdivider from paying such other applicable fees, charges, and/or costs.

14. Defense, Indemnification and Hold Harmless. Subdivider shall defend, indemnify, and hold harmless City, its officers, officials, employees, agents, and volunteers from any and all Agenda Packet Page 26
6 claims, losses, damages, including property damage, personal injury, including death, costs, including attorneys’ fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, contractor or any subcontractor, except those matters arising from the sole or willful negligence of City.

This defense, indemnification and hold harmless provision shall extend to claims, losses, damage, injury, costs, including attorneys’ fees, and liability for injuries occurring after completion of the construction of the Required Improvements as well as during construction, and shall apply regardless of whether or not City has prepared, supplied or approved the plans and/or specifications for the Required Improvements or has inspected or accepted the Required Improvements. Acceptance of insurance required under this Agreement shall not relieve Subdivider from liability under this defense, indemnification and hold harmless provision.

The parties intend that this provision shall be broadly construed to effectuate its purpose.

15. Environmental Warranty.
a. Warranties. Prior to City’s acceptance of dedications or improvements, Subdivider shall certify and warrant that:
i. The Subdevelopment and Subdivider are not in violation of any environmental law, and neither are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law;
ii. Subdivider nor any third party, will not use, generate, manufacture, produce, or release, on, or under the Subdevelopment, any hazardous substance, except in compliance with all applicable environmental laws; and
iii. Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of, hazardous substance(s) on the Subdevelopment or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the Subdevelopment.
b. Notice. Subdivider shall give prompt written notice to City at the address set forth herein of:
i. Any proceeding or investigation by federal, state or local governmental authority with respect to the presence of any hazardous substance on the Subdevelopment or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Subdevelopment;
ii. Any claims made or threatened by any third party against City or the Subdevelopment, relating to loss or injury resulting from any hazardous substance; and Agenda Packet Page 27
7 iii. Subdivider’s discovery of an occurrence or condition on property adjoining or in the vicinity of the Subdevelopment that could cause the Subdevelopment to be subject to restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or lawsuit under any environmental law. c. As used in this Agreement, the term “hazardous subs tance” includes any hazardous or toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols (PCBs), or any other chemical, material, controlled substance, object, condition, waste, living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful properties of effects..

16. Subdivider’s Pollution Liability Insurance
a. Subdivider, at its sole cost and expense shall maintain for the duration of this Agreement, pollution liability insurance of at least $3,000,000 per pollution incident and $3,000,000 Aggregate;
b. Coverage must apply to pollution incidents at or from any location at which Contractor is performing work under this agreement. c. Prior written consent is required if the insurance has a deductible or self - insured retention in excess of $50,000.
d. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the date of commencement of construction of the Required Improvements. e. The insurance m ust be maintained for five (5) years after the Required Improvements are accepted by the City Council. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by renewal of the existing policy; an extended reporting period endorsement; or replacement insurance with a retroactive date no later than the commencement of the work.
f. No cancellation or material change may be made to the insurance without written approval of City, and City must be given thirty (30) days' prior written notice of any proposed material change or cancellation.
g. If Subdivider fails to obtain or maintain pollution liability insurance as required by this section, City at its sole option, may obtain pollution liability insurance.

Subdivider shall be responsible for City’s costs of obtaining such insurance.

17. Subdivider’s Insurance.
a. Insurance. Subdivider shall maintain in force at all times during the duration and performance of this Agreement, the policies of insurance specified in this section.

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8 Such insurance must have the written approval of City as to limit, form, and amount, and shall be placed with insurers with an A.M. Best rating of no less than A: VII. b. Evidence of Insurance. Prior to the commencement of any work, the Subdivider shall furnish to City, and City must approve, original certificates of insurance and endorsements effecting coverage for all policies required by the Agreement. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance is obtained by such contractor(s) or subcontractor(s) and approved by City. Certificates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf. Certificate of insurance and endorsements shall be on standard Acord, Department of Insurance, or Insurance Services Office approved forms, or on forms approved by City. As an alternative to providing City with approved forms of certificates of insurance and endorsements, the Subdivider may provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by this section.
c. No Suspension of Insurance. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or terminated without providing City with thirty (30) days prior written notice. d. Deductibles. Any deductibles, or self-insured retentions, exceeding five thousand dollars ($5,000) must be declared to, and approved by, City. Upon request by City, Subdivider shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
e. Coverages Shall Not Limit Obligations. The requirement as to types, limits, and City’s written approval of insurance coverage to be maintained by Subdivider are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Subdivider under the Agreement.
f. Material Element. The maintenance of insurance as required by this section is a material element of the Agreement. The failure of Subdivider, its contractor(s) or subcontractor(s) to maintain or renew insurance coverage, or to provide evidence of renewal shall be a material breach of this Agreement.
(1) Workers’ Compensation Insurance. Subdivider shall maintain, during the term of this Agreement, Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Subdivider in the amount required by applicable law. Employer’s Liability limits shall not be less than one million dollars ($1,000,000) per occurrence. The Subdivider shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees, agents, and volunteers for losses arising from work falling within the terms of this Agreement.

Subdivider shall indemnify and hold harmless City, its officers, officials, employees, agents, and volunteer from any damages resulting from failure of Subdivider, or its contractor(s) or subcontractor(s), to obtain and maintain such insurance.

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9 (2) Commercial General and Automobile Liability Insurance.

Subdivider shall maintain during the term of this Agreement commercial general and automobile liability insurance. The City, its officers, officials, employees, agents, and volunteers shall be named as additional insured on all policies. The insurance shall include, but not be limited to, protection against claims arising from death, bodily or personal injury, or damage to property resulting from actions, failures to act, or operations of Subdivider, its contractor(s) or subcontractor(s), whether such operations are by Subdivider or any contractor or subcontractor or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor. The amount of insurance coverage shall not be less than two million dollars ($2,000,000) per occurrence and four million dollars ($4,000,000) aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
(3) Endorsements. Subdivider’s commercial general and automobile liability insurance shall include, or be endorsed to include, the following:
(a) Provision or endorsement naming City, its officers, officials, employees, agents, and volunteers as Additional Insureds for liability arising out of the performance of any work under this Agreement. Forms CG 20 10 and 20 37 or equivalent. (b) Provision or endorsement stating that insurance is Primary insurance with respect to City, its officers, officials, employees, agents, and volunteers, to the extent City is an additional insured. Any insurance or self-insurance maintained by City, its officers, officials, employees, agents, and volunteers shall be excess of the Subdivider’s insurance and shall be non-contributing.
(c) Provision or endorsement stating that the Subdivider’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability (cross-liability). (d) Provision or endorsement stating that any failure to comply with reporting or other provisions of the policies including breaches of representations shall not affect coverage provided to City, its officers, officials, employees, agents, and volunteers.

18. Prevailing Wage. In the event it is determined that the Subdivider is required to pay prevailing wages for the work performed under this Agreement, the Subdivider shall pay all penalties and wages as required by applicable law, including penalties assessed to City.

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10 Title to and ownership of any real property to be dedicated and the Required Improvements constructed under this Agreement by Subdivider shall vest absolutely in City upon completion and acceptance in writing of such Required Improvements by City. City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien(s). Prior to acceptance, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.

20. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance by the City Council of the Required Improvements, any improvement or part of any improvement furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement materially fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, Subdivider shall without delay and without any cost to City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. If the Subdivider fails to act promptly or in accordance with this requirement, or if the exigencies of the situation require repairs or replacements to be made before the Subdivider can be notified, then City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%) within thirty (30) days of the date of billing for such work by City.

21. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider’s agents, contractors, or subcontractors are or shall be considered to be agents of City in connection with the performance of this Agreement.

22. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Subdivider refuses or fails to perform the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Subdivider’s default, Subdivider shall be deemed to be in breach of this Agreement and City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach of this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any default.
a. City reserves all remedies available at law or in equity, for breach of Subdivider’s obligations under this Agreement. City shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate City damages in event of default by Subdivider. The right of City to draw upon or utilize the security is additional to, and not in lieu of, any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Required Improvements and therefore, City’s damages for Subdivider’s default shall be measured by the cost of completing the Required Improvements. The sums provided by the Improvement Security may be used by City for the completion of the Required Improvements in accordance with the improvement plans and specifications contained herein. The Improvement Security Agenda Packet Page 31
11 includes the Payment Security, Faithful Performance Security, guarantee and Warranty Security, Monument Security and any other improvement security required by Section 11 of this Agreement.
b. In the event of Subdivider’s default under this Agreement, Subdivider authorizes City to perform Subdivider’s obligations under this Agreement, after twenty (20) days from City’s written notice of default to Subdivider and Subdivider’s Surety. Subdivider agrees to pay the entire cost of such performance by City. City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s Surety shall be liable to City for any excess cost or damages; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for performance of the work.
c. Failure of Subdivider to comply with the terms of this Agreement shall constitute Subdivider’s consent to the filing by City of a “notice of violation” against all the lots in the Subdivision, or to rescind the written approval of the Subdivision or otherwise revert the Subdivision to acreage. The remedy provided by this section is in addition to, and not in lieu of, other remedies available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be at the discretion of City. d. If Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys’ fees. e. The failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent default or breach of Subdivider.

Subdivider recognizes that by approval of the final map for Subdivision, City has conferred substantial rights upon Subdivider, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. As a result, City will be damaged to the extent of the cost of installation of the improvements by Subdivider’s failure to perform its obligations under this Agreement, including, but not limited to, Subdivider’s obligation to complete construction of the Required Improvements by the time established in this Agreement. City shall be entitled to all remedies available to it pursuant to this Agreement and by law, in the event of a default by Subdivider. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the Subdivider shall be within the sole discretion of City.

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12 24. Notices. All notices required under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid.

Notices to City shall be addressed as follows:

CITY OF CITRUS HEIGHTS
Attn: Ashley Feeney, City Manager
6360 Fountain Square Drive
Citrus Heights, CA 95621

Notices to Subdivider shall be addressed as follows:

Citrus Place 8, LLC
Care of Cameron Tea, Director of Construction & Development

CEC LLC
4465 Granite Drive, #700
Rocklin, CA 95677

Any party may change such address by notice in writing to the other party, and thereafter written notices shall be addressed and transmitted to the new address.

25. Waiver. The waiver by either party of a breach by the other party, of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.

26. Attorney Fees. In the event legal action is brought to enforce or interpret this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys’ fees, in addition to any other relief to which it may be entitled.

27. Personal Nature of Subdivider’s Obligations/Assignment. All of Subdivider’s obligations under this Agreement are and shall remain the personal obligations of Subdivider notwithstanding a transfer of all or any part of the property within the Subdivision subject to this Agreement, and Subdivider shall not assign any of its obligations under this Agreement without the prior written consent of City.

28. Acquisition and Dedication of Easements or Right-of-Way. If any of the Required Improvements are to be constructed or installed on land not within the Subdivision or an already existing public right-of-way, no construction or installation shall be commenced before:
a. The irrevocable offer of dedication or conveyance to City of appropriate right-of-way, easements or other interests in real property, and appropriate authorization from the property owner to allow construction or installation of the Required Improvements; or b. The issuance of an order of possession by a court of competent jurisdiction pursuant to California eminent domain law. Subdivider shall comply in all respects with any such order of possession.

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13 Nothing in this section shall be construed as authorizing or granting an extension of time to Subdivider for completion of the Required Improvements.

29. Compliance with Laws. Subdivider, its agents, employees, contractors, and subcontractors shall comply with all federal, state and local laws in the performance of the Required Improvement including, but not limited to, obtaining all applicable permits and licenses.

30. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

31. Approvals by City. Any approval or consent that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

32. Construction and Interpretation. It is agreed and acknowledged by Subdivider that the provisions of this Agreement have been arrived at through negotiation, and that Subdivider has had a full and fair opportunity to revise the provisions of this Agreement and to have such provisions reviewed by legal counsel. Therefore, the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not apply in construing or interpreting this Agreement.

33. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties.

A memorandum of this Agreement in the form attached hereto shall be recorded in the Office of the Recorder of Sacramento County concurrently with the final map or parcel map of the Subdivision. This Agreement shall constitute a covenant running with the land and an equitable servitude upon the real property within the Subdivision.

34. Severability. The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.

35. Actions. Any action by any party to this Agreement, or any action concerning a security furnished pursuant thereto, shall be brought in the appropriate court of competent jurisdiction within the County of Sacramento, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location.

The law governing this Agreement is the law of the State of California.

36. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.

37. Modification. This Agreement may be amended only by a written instrument signed by the parties. Subdivider shall bear all costs of amendments to this Agreement that are requested by the Subdivider.

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14 IN WITNESS WHEREOF, the parties have executed this Agreement as follows:

CITY OF CITRUS HEIGHTS
a municipal corporation

By:

Ashley Feeney, City Manager

SUBDIVIDER
CITRUS PLACE 8, LLC
a Utah limited liability company

By:

Print Name:

Print Title:

ATTEST:

Amy Van, City Clerk
By:

Print Name:

Print Title:

APPROVED AS TO FORM:

Ryan R. Jones, City Attorney

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15 ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF SACRAMENTO )

On ____________________ before me, ________________________, Notary Public, personally appeared ____________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the Stat of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

NOTARY PUBLIC

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16 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Citrus Heights, State of California, and Citrus Place 8 LLC, a Utah limited liability company (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified as the Citrus Place Subdivision, “Project”, is hereby referred to and made a part hereof; and
WHEREAS, pursuant to California Government Code Section 66499.3 and Citrus Heights Municipal Code Chapter 8, Article XII Chapter 22.80, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the Principal and the undersigned as corporate Surety, are held and firmly bound unto the City of Citrus Heights hereinafter called (“City”), in the penal sum of four hundred eighty thousand dollars ($480,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, officials, agents, employees, and volunteers, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

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17 IN WITNESS WHEREOF, this faithful performance bond has been duly executed by the Principal and Surety above named, on ______________, 2022.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company
Name of Surety
By:_________________________________
Print Name:

Print Title: Property Owner
____________________________________ and
Mailing Address of Surety
_____________________________________ By:_________________________________ Telephone No. of Surety Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

NOTICE: The signature of the Surety on this bond must be acknowledged before a notary public, and this bond must be accompanied by evidence that the appointment as attorney in fact has been recorded in Sacramento County.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the Surety company must attach a copy of his/her Power of Attorney as evidence of his/her authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

Agenda Packet Page 38

18 PAYMENT BOND
WHEREAS, the City Council of the City of Citrus Heights, State of California, and Citrus Place 8 LLC, a Utah limited liability company (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified as the Citrus Place Subdivision,“Project”, is hereby referred to and made a part hereof; and
WHEREAS, pursuant to California Government Code Section 66499 and Citrus Heights Municipal Code Article XII Chapter 22.80, Principal is required, before entering upon the performance of the Project, to file a payment bond with and have such bond approved by the officer or public entity by whom the Project is awarded; and WHEREAS, such payment bond must be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the Project, and must satisfy the other requirements specified in that section; and
WHEREAS, the Principal is required in accordance with the Project to furnish a payment bond in connection with the Project to secure payment of claims of laborers, mechanics and materialmen employed on work under the Project in accordance with applicable law;

38. NOW, THEREFORE, said Principal and the undersigned as corporate Surety, are held firmly bound unto the City of Citrus Heights and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in California Civil Code Section 9100 in the sum of four hundred eighty thousand dollars ($480,000.00), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney fees, incurred by City in successfully enforcing the obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

Agenda Packet Page 39

19 IN WITNESS WHEREOF, this payment bond has been duly executed by the Principal and Surety above named, on ______________, 2022.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company
Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his/her authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

Agenda Packet Page 40
20 BOND FOR SECURITY OF INSTALLATION OF MONUMENTS

WHEREAS, the City Council of the City of Citrus Heights, State of California, and Citrus Place 8 LLC, a Utah limited liability company (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified as the Citrus Place Subdivision,“Project”, is hereby referred to and made a part hereof; and
WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the installation of monuments pursuant to said agreement.

NOW, THEREFORE, we, the undersigned as corporate Surety, are held and firmly bound unto the City of Citrus Heights hereinafter called (“City”), in the sum of one thousand five hundred dollars ($1,500.00), for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the installation of monuments pursuant to the said agreement and any alteration thereof made as therein provided, on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

Agenda Packet Page 41

21 IN WITNESS WHEREOF, this monument bond has been duly executed by the Principal and Surety above named, on _____________________, 2022
.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company
Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

Agenda Packet Page 42
22 SUBDIVISION MAINTENANCE BOND

GUARANTEE AND WARRANTY SECURITY

WHEREAS, Principal is required under the terms of said agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of said agreement.

NOW, THEREFORE, we, the Principal and the undersigned as corporate Surety, admitted and duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of Citrus Heights as obligee (“City”), in the penal sum of forty eight thousand dollars ($48,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, provisions in the said agreement and any alteration thereof made as therein provided, Principal’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and hold harmless City and its officers, officials, agents, employees, and volunteer as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The Surety waives all rights of subrogation against City or any person employed by City.

Agenda Packet Page 43

23 IN WITNESS WHEREOF, this subdivision maintenance bond guarantee and warranty security has been duly executed by the Principal and Surety above named, on_____________, 2022.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company

Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

POWER OF ATTORNEY REQUIRED. The Attorney-in-Fact (resident agent) who executes this bond on behalf of the surety company must attach a copy of his Power of Attorney as evidence of his authority. A notary shall acknowledge the power as of the date of the execution of the surety bond that it covers.

2946011.1
Agenda Packet Page 44
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: April 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Casey Kempenaar, Community Development Director
Alison Bermudez, Senior Planner
SU
BJECT: Amendment Business License Ordinance – Short-term Rentals Second Reading
Summary and Recommendation
On
March 24, 2022, the City Council introduced, read by title only and waived the first full reading of an Ordinance amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Sections 22-451 through 22-460 regarding short-term rentals.

Staff
recommends that the Council adopt Ordinance No. 2022-003 of the City of Citrus Heights, amending Chapter 22 (Businesses) and Chapter 86 (Taxation) of the Municipal Code and Adding Sections 22-451 through 22-460 regarding short-term rentals.

Fiscal Impact
The
adoption of the Business License Ordinance will have a minimal fiscal impact. The current business license fee is $101.76 for the first year and $79.92 annually. Should each STR obtain a business license, fee collection is anticipated to be less than $7,000 annually. The fee is to cover administrative time associated with business license issuance. The desire for the business license is for tracking and public safety compliance purposes not for revenue generation.

Th
e largest fiscal impact will likely be from the collection of Transient Occupancy Tax, commonly referred to as TOT1. TOT is collected from hotels for stays by customers that are 30 days or less.

TO
T has been collected in Sacramento County at a rate of 12% for a number of years before the city’s incorporation. Following incorporation, TOT collected from transient occupancies within Citrus Heights no longer went to Sacramento County but were due to Citrus Heights

2. There are
1 A transient occupancy is defined as a stay of 30 consecutive days or less 2 Ordinance 1997-04
Item 11
Agenda Packet Page 45
Subject: Amendment Business License Ordinance – Short-term Rentals Date: April 14, 2022

Page 2 of 2 ends

Printed on Recycled Paper
currently no owners of short -term rentals submitting Tr ansient Occupancy Tax to the city.

Consistent with the Municipal Code, TOT should be collected from STRs but has not been collected to date. Based upon the estimated number of STRs operating in Citrus Heights, TOT revenues are anticipated to be approximately $43,000 annually.

Col
lection of TOT from STR operators would be consistent with what is required for hoteliers.

Requiring STRs to pay TOT would provide equitable treatment amongst business operators relative to those that offer transient stays of le ss than 30 days. Hoteliers are advocates of having local governments collect TOT from STRs to ensure that hotel operators are not placed at a competitive disadvantage. Hotel uses are envisioned as part of future economic development efforts in City Council approved Sunrise Tomorrow Specific Plan. No action related to the collection of TOT from STRs is required or being requested of City Council. Staff intends to work with STR online platforms on agreements for future TOT payment remittance.

Attachments

1. Ordinance No. 2022-003 of the City of Citrus Heights, California, adopting changes to Title 22 (Businesses) and Title 86 (Taxation) relating to licensing for short-term rentals.

Agenda Packet Page 46
1 ORDINANCE NO. 2022-003

AN ORDI

NANCE OF THE CITY OF CITRUS HEIGHTS
AMENDING CHAPTER 22 (BUSINESSES) AND CHAPTER 86 (TAXATION) OF THE MUNICIPAL CODE AND ADDING SECTIONS 22-451 THROUGH 22-460 REGARDING

SHORT-TERM RENTALS
The
City Council of the City of Citrus Heights does ordain as follows:

SE
CTION 1. Chapter 22 “Businesses” of the Citrus Heights City Municipal Code are hereby amended to read as set forth below:

Sec. 22-69. - Exemptions.

A general business license shall not be required for and the provisions of this chapter shall not be otherwise applicable to, those businesses described by this section. Unless the context dictates otherwise, the uses, activities and facilities described by this section shall be ascribed those definitions for like uses, activities and facilities contained in the city's zoning code. The following businesses are exempt from the requirement to obtain a general business license:
(1) Financial institutions. Banks, savings and loans, credit unions, loan and similar financial institutions, as defined in California Business and Professions Code § 17351. However, this exemption does not apply to "check cashers," as that term is defined in California Civil Code § 1789.31, including but not limited to, engaging in the business operation of "deferred deposits" as defined therein.
(2) Residential facilities. The following types of residential facilities, as defined by the city's zoning code:
a. Apartments, rooming houses, duplexes, and other residential facilities in which living units are rented or leased solely on a term of more than 30 days; b. Residential care homes for adults or children; and
c. Family day care homes.
(3) Meeting facilities. Meeting facilities, as defined by the city's zoning code, and activities directly conducted by the organization that use the meeting facility. (4) Agriculture. The following agricultural activities are exempt: agricultural pursuits consisting of the growing of crops, raising of livestock, and dairying, including auxiliary and ancillary uses incidental to the operation of a farm or ranch, consisting of the purchase and storage of substances, materials, supplies, animal feeds and produce, and the marketing of farm products; provided, however, that a general business license shall be required in connection with any wholesaling, processing, storage or manufacturing use which involves assembly of the products of multiple farms or ranches by a cooperative or other business enterprise for marketing distribution.

SECTION 2. Chapter 22 “Businesses” of the Citrus Heights City Municipal Code are hereby amended to add the following as set forth below:

Attachment 1
Agenda Packet Page 47
2 SHORT-TERM RENTAL BUSINESS LICENSE

Chapter 22 Article IV

Sec. 22-451 – Purpose and intent.

The intent of this article to regulate short-term rentals in an orderly fashion and protect the public’s health and safety by establishing certain licensing standards pertaining to short-term rentals within the City of Citrus Heights.

Sec. 22-452 - Definitions.

The following terms, when used in this article, shall have the following meanings:

Guest means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a home shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the host and the guest providing for a longer period of occupancy.

In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered.

Home sharing means a living arrangement in which two or more unrelated people share a housing unit for a period of more than 30 days.

Host means the owner of the property on which the short-term rental exists or the agent authorized to operate the short-term rental.

Short- term rental means any residential dwelling located within the city that is rented in whole or in part on a short-term basis. A short-term basis is thirty (30) consecutive calendar days or less to the same person or entity and counting portions of calendar days as full days.

Short- term rental business license means the same as a general business license as described in Chapter 22 Article II.

Sec. 22-453 - Eligibility.

(a) Short-term rentals shall be permitted in a legally constructed living unit approved for occupancy including single-family residences, townhomes, and condominiums. For the purposes of this Chapter, a condominium is defined as a single, individually-owned dwelling unit in a multi-unit building in which the owner holds sole title to the unit, but owns land and common property (i.e. elevators, halls, roof, stairs, etc.) jointly with other unit owners, and shares the upkeep expenses on the common- property with them. This Chapter does not grant any permission that invalidates or supersedes provisions regarding short-term rentals within Agenda Packet Page 48
3 properties subject to the rules of a homeowners or condominium association.

(b) Accessory dwelling units constructed after January 1, 2021, inclusionary housing units, or other income-restricted housing units are prohibited from being used as a short-term rental.

Sec. 22-454 - Licensing Requirements.

(a) The host is required to obtain a City of Citrus Heights Short-Term Rental Business License before renting to any guest.

(b) Short-term rental business licenses shall be applied for and processed in the same manner as a City of Citrus Heights General Business License as stipulated in Chapter 22 Article II (General Business Licenses).

Sec. 22- 455 - Short-Term Rental Regulations.

(a) Short-term rentals shall not be used by more than two guests per bedroom plus two additional guests between the hours of 10:00 p.m. and 7:00 a.m. .

(b) Short-term rentals shall not adversely affect the residential character of the neighborhood nor shall the use generate noise, vibration, glare, odors, or other effects that unreasonably interfere with any person's reasonable enjoyment of his or her residence. To this effect, the short-term rental activity shall comply with all provisions of the City of Citrus Heights Municipal Code.

(d) The host shall fully comply with all the requirements of Chapter 86 (Transient Occupancy Tax) and any successor sections.

Sec. 22-456 – Fees and Penalties.

(a) The short-term rental business license shall be the same fee as a general business license and are subject to the same additional processing fee for late applications or late renewals as the general business license.

Sec. 22-457 - Expiration and Renewal.

(a) A short-term rental business license is valid upon issuance and shall expire one year from the date of issuance, or sooner if the person to whom the license is issued ceases operational authorized by the license or the license is revoked.

(b) A short-term rental business license must be renewed yearly.

Agenda Packet Page 49
4 (c) To renew the short-term rental business license, the host must acknowledge all payments for the required transient occupancy tax associated with the short-term rental has been remitted to the City of Citrus Heights as required by Sec. 86-107.

Sec. 22-458 - Transferability.

(a) The short-term rental business license may not be transferred to another person or property and does not run with the land. The short-term rental business license shall automatically expire upon sale or transfer of the property.

Sec. 22-459 – Revocation.

(a) The short-term rental business license may be revoked for failure to remit required transient oriented tax as outlined in Sec. 86.

(b) The short-term rental business license revocation shall occur as outlined in Sec. 22- 114 (Method of Revocation).

Sec. 22-460 – Enforcement.

(a) Failure to comply with any provision of this Chapter may constitute a violation.

SECTION 3. Chapter 86 “Taxation” of the Citrus Heights City Municipal Code are hereby amended to read as set forth below:

Transient Occupancy Tax

Chapter 86 Article IV

Sec. 86-101. - Short title.

This article shall be known as the uniform transient occupancy tax of the city.

Sec. 86-102. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Hotel means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy for lodging or sleeping purposes. This definition includes but is not limited to any hotel, inn, tourist home or house, short -term rental unit, motel, studio hotel, bachelor hotel, lodging house, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof.

Occupancy means the use or possession or the right to the use or possess ion of any room, or portion thereof, in any hotel for lodging or sleeping purposes.

Operator means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee or any other capacity. Where the operator performs his or her Agenda Packet Page 50
5 functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purpose of this article and shall have the same duties and liabilities as his or her principal. Compliance with this article by either the principal or the managing agent shall, however, be considered to be compliance by both.

Person means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate or any other group or combination acting as a unit.

Rent means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

Tax administrator means the city manager or the city manager's designee.

Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance from which this article is derived may be considered.

Sec. 86-103. - Imposed.
(a) For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of 12 percent of the rent charged by the operator. (b) The tax constitutes a debt owed by the transient to the city which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax administrat or may require that such tax shall be paid directly to the Tax administrator.

Sec. 86-104. - Exemptions.
(a) No
tax shall be imposed upon any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax provided in this article. (b) No exemption shall be granted except under claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the Tax administrator.

Sec. 86-105. - Operator's duties.

Each
operator shall collect the tax imposed by this article to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator or that it will not be added to the rent or that, if added, any part will be refunded, except in the manner provided in this article.

Sec. 86-106. - Registration.

Agenda Packet Page 51
6 Prior to commencing operation of a hotel or other facility that rents occupancy to transients, the operator of said hotel shall file for and obtain a General Business License. In addition to the license application form each operator shall file a Transient Occupancy Tax Registration form, provided by the Tax administrator, and maintain the information contained therein. The regist ration form will include such information as the number and rental rate of the rooms in the hotel, the name and contact information for the hotel management, and any other information deemed appropriate to the collection of the tax.

Se
c. 86-107. - Reporting and remitting.
(a) Each operator shall, on or before the last day of the month following the close of each calendar quarter or at the close of any shorter reporting period which may be established by the Tax administrator, make a return to the Tax administrator, on forms provided by the Tax administrator, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the Tax administrator. The Tax administrator may establish shorter reporting periods for any certificate holder if the Tax administrator deems it necessary in order to ensure collection of the tax, and the Tax administrator may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. (b) Returns filed or taxes remitted by mail shall be deemed timely filed only if the envelope or similar container enclosing the returns and taxes is addressed to the Tax administrator, has sufficient postage, and bears a United States postmark or postage meter imprint to midnight on the last day for reporting or remitting without penalty. If such an envelope or container bears a postage meter imprint as well as a United States post office cancellation mark, the latter shall govern in determining whether the filing or remittance is timely. (c) All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the Tax Collector.

Se
c. 86-108. - Uncollectible accounts.

Any
operator is relieved from liability for the remission to the city of the tax imposed under this article insofar as the measure of the tax is represented by accounts which have been found to be worthless and charged off for income tax purposes. If the operator has previously remitted the tax, the operator may, pursuant to procedures prescribed by the Tax administrator, take as a deduction the amount of tax previously remitted for the worthless and charged -off account. If any such accounts are thereafter in whole or in part collected by the operator, the amount so collected shall be included in the first return filed after such collection and the tax on such amount paid with the return.

Sec. 86-109. - Penalties and interest.
(a) Or
iginal delinquency. Any operator who fails to remit any tax imposed by this article within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax.
(b) Continued delinquency. Any operator who fails to remit any delinquent remittance on or before a period of 30 days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the ten-percent penalty first imposed.

Agenda Packet Page 52
7 (c) Fraud. If the Tax administrator determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) of this section. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this article shall pay interest at the rate of one- half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid.
(e) Penalties merged with tax. Every penalty imposed and such interest as accrues under this section shall become a part of the tax required to be paid under this article.

Sec. 86-110. - Determination of tax; failure to collect and report.

If
any operator shall fail or refuse to collect the tax and to make, within the time provided in this article, any report and remittance of the tax or any portion thereof required by this article, the Tax administrator shall proceed in such manner as the Tax administrator may deem best to obtain facts and information on which to base his or her estimate of the tax due. As soon as the Tax administrator shall procure such facts and information as he or she is able to obtain upon which to base the assessment of any tax imposed by this article and payable by this article and payable by any operator who has failed or refused to collect the tax and to make such report and remittance, the Tax administrator shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this article. If such determination is made, the Tax administrator shall give notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, address ed to the operator so assessed at the operator's last known place of address. Such operator may, within ten days after the serving or mailing of such notice, make application in writing to the Tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the Tax administrator shall give not less than five days' written notice in the manner prescribed in this section to the operator to show cause at a time and place fixed in the notice why the amount specified therein should not be fixed for such tax, interest a nd penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing, the Tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this section of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is taken as provided in section 86-111.

Sec. 86-111. - Appeal.

Any
operator aggrieved by any decision of the Tax administrator with respect to the amount of the tax imposed by this article, interest and penalties, if any, may appeal to the city council by filing a notice of appeal with the city clerk within 15 days of the serving or mailing of the determination of tax due. The city council shall fix a time and place of hearing such appeal, and the city clerk shall give notice in writing to such operator at the operator's last known place of address. The findings of the city council shall be final and conclusive and shall be served upon the appellant in the manner prescribed in section 86-110 for service of notice of a hearing. Any amount found to be due shall be immediately due and payable upon the service of notice.

Sec. 86-112. - Records.
(a) It
shall be the duty of every operator liable for the collection and payment to the city of any tax imposed by this article to keep and preserve, for a period of three years after the date any such tax is Agenda Packet Page 53
8 due and payable, all records as may be necessary to determine the amount of such tax as he or she may have been liable for the collection of and payment to the city. Except as provided in this section, the Tax administrator shall have the right to inspect such records at all reasonable times. (b) The Tax administrator shall, whenever practicable, contact the operator prior to inspection and inform the operator of the reasons for the inspection.
(c) Where required by state or federal law, a subpoena shall be obtained prior to an inspection conducted pursuant to this article, unless written consent to conduct such inspection is granted by the operator.
(d) If the operator or a third party interferes with the inspection, the Tax administrator shall have recourse to every remedy provided by law to perform the inspection authorized by this article.

Sec. 86-113. - Refunds.
(a) Wh
enever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this article, it may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the Tax administrator within three years of the date of payment. The claim shal l be on forms furnished by the Tax administrator.
(b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the Tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator.
(c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim i n the manner provided in subsection (a) of this section, but only when the tax was paid by the transient directly to the Tax administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the Tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax.
(d) No refund shall be paid under this section unless the claimant establishes his or her right thereto by written records showing entitlement thereto.

Sec. 86-114. - Actions to collect.

Any
tax required to be paid by any transient under this article shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under this article shall be liable to an action brought in the name of the city for the recovery of such amount.

Sec. 86-115. - Penalty for violations.
(a) Any
person violating any of the sections of this article shall be guilty of a misdemeanor and shall be punishable therefor as provided in section 1-21.
(b) Any operator or other person who fails or refuses to register as required in this article or to furnish any return required to be made or who fails or refuses to furnish a supplemental return or other data required by the Tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor, and is punishable as provided in subsection (a) of this section. Any person required to Agenda Packet Page 54
9 make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this article to be made is guilty of a misdemeanor and is punishable as provided in subsection (a) of this section.

Secs. 86-116—86-140. - Reserved.

SE
CTION 4. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

SE
CTION 5. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption, provided it is published in full or in summary within fifteen (15) days of its adoption, in a newspaper of general circulation published and circulated in the City of Citrus Heights.

PAS
SED AND ADOPTED by the City Council of the City of Citrus Heights this 14th day of April, 2022, by the following vote:

AYE
S: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:
_______________
__________________________
Porsche Middleton, Mayor
_______________
_____________________
Amy Van, City Clerk
Agenda Packet Page 55
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: April 14, 2022
TO: Mayor and City Council Members
Ashley Feeney, City Manager
FRO
M: Meghan Huber, Economic Development & Communications Manager SU
BJECT: Approval of Sunrise MarketPlace Propert y-Based Improvement District 2021 Annual Report
Summary and Recommendation
Th
e Sunrise MarketPlace Property-Based Improvement District (PBID) is required by law to provide an annual report to the City Council. The PBID Board of Directors approved the 2021 Sunrise MarketPlace Annual Report and are ready to present this report to the City Council.

St
aff recommends the City Council adopt Resolution No. 2022-____ a Resolution of the City Council of the City of Citrus Heights approving the Sunrise MarketPlace 2021 Annual Report.

Fiscal Impact
Th
ere is no fiscal impact associated with this action.

Background and Analysis
The
City Council approved the formation of the Sunrise MarketPlace PBID in 1999 and the most recent renewal in July 2021. Sunrise MarketPlace is an important partner of the City to achieve shared economic development goals.

Th
e PBID is required to prepare an annual report and present it to the City Council for review and approval. The Sunrise MarketPlace Board of Directors approved the 2021 Annual Report at their board meeting on March 24, 2022. The meeting was noticed and held in accordance with the Brown Act.

Attachments

1. R
esolution 2022-___, a Resolution of the City Council of the City of Citrus Heights approving the Sunrise MarketPlace 2021 Annual Report
Item 12
Agenda Packet Page 56
Subject: Approval of Sunrise MarketPlace Property and Business Improvement District 2021 Annual Report Date: April 14, 2022

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a. Sunrise MarketPlace 2021 Annual Report
Agenda Packet Page 57
Printed on Recycled Paper
RESOLUTION NO. 2022- ___
A RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPROVING THE SUNRISE MARKETPLACE 2021 ANNUAL REPORT WHEREAS, The City Council approved the formation of the Sunrise MarketPlace PBID in 1999 and the most recent renewal in July 2021;
WHEREAS, the Sunrise MarketPlace Board of Directors approved the Sunrise MarketPlace 2021 Annual Report on March 24, 2022; and
WH
EREAS, the Sunrise MarketPlace 2021 Annual Report is incorporated as part of this Resolution and is on file with the City Clerk.

NOW
THEREFORE BE IT RESOLVED AND ORDERED The City Council of the City of Citrus Heights does approve the Sunrise MarketPlace 2021 Annual Report.

The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14th day of April, 2022 by the following vote, to wit:

AYES
: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

Porsche Middleton, Mayor
ATTES
T:

Amy Van, City Clerk
Attachment
Su
nrise MarketPlace 2021 Annual Report
Agenda Packet Page 58

SHOP DINE DO PLAY
SMP DISTRICT RENEWED FOR 3-YEAR TERM

MESSAGE FROM THE CHAIR
While our business and property owners continued to struggle with pandemic related issues through 2021, we were all fortunate to be in the Sunrise MarketPlace Business Improvement District (SMP). The pandemic brought new issues to SMP including more vacant buildings, increased crime, and a significant escalation in transient related property damage. SMP has stepped up to address these issues. In our more than 20 years, we have not implemented “Clean and Safe” programs, a staple of most business improvement districts. We have generally focused on marketing and events.

As a refresher, our mission is to create awareness and drive traffic to the District; and maintain clean, safe, and attractive public areas. In short, to create an environment that supports the economic growth of our businesses.

While we added clean and safe programs our marketing efforts remain strong and in 2022, SMP will get back to hosting more special events.

In 2021, SMP successfully renewed the District for a three-year term. We appreciate the support of our property owners and look forward to more opportunities to serve our constituents. I encourage you to get involved in the District by joining the Marketing or Public Safety committee.

Participating in the District is the best way to maximize your investment. We are also, always open to suggestions on how to improve our services.

Contact our Executive Director, Kathilynn Carpenter at [email protected] if you have any feedback or would like to get more involved.

BY TIFFANY CLEMENT
Chair - Sunrise MarketPlace board of directors
Property Manager - Merlone Geier / Sunrise Village
2021 ANNUAL REPORT
Property and business owners voted to renew
the Sunrise MarketPlace Business Improvement
District which expired December 31, 2021. The
new term will be in place from January 1, 2022
through December 31, 2024.

A total of 44 ballots were received representing
$458,427 in assessments. Of those, 40 ballots,
representing $443,962 in assessments,
voted YES to renew the PBID. Four ballots,
representing $14,464 in assessments, voted
NO. SMP received positive petitions from
owners representing more than 60% of the total
assessment ($509,769). Below is a summary of
the District:

See map for boundaries of the District.

No changes to the boundaries were made in
2021 and no changes will be made in 2022.

Purpose: The purpose of the SMPPBID is to
provide activities and improvements that convey
special benefit to assessed parcels within its
boundaries.

Budget: The SMPPBID annual assessment
budget for the initial year of its three-year
renewal period is anticipated to be $847,420.

Cost: The assessment rate (cost to the parcel
owner) is based on parcel type and parcel size.

ASSESSMENT RATE (PER SQ. FT.)
Retail: $0.0669 / Office & Other Commercial:
$0.0369 (These rates will not be increased during
the term of the District.)
Assessments are collected annually on the
County-administered property tax bill. Contact
our office for a copy of the Management District
Plan which outlines all programs and services
and budgets.

Agenda Packet Page 59

MARKETING

SOCIAL MEDIA
In 2021, due to Covid-19, all social media campaigns remained focused on promoting businesses during re-opening, and new businesses opening in the District. SMP continued t
o highlight all open businesses and promotions across all social media platforms.

FACEBOOK
Facebook Page Growth
12,952 Followers, up 443 from last year’s 12,509.
16,119 Engagements, down 3,935 from last year’s 20,054.

Facebook Live
SMP visits businesses for a live video post on Facebook.

This is a great way to highlight specific businesses.

We are working to get to all businesses.

Facebook Business Group Page
SMP created a private Facebook group as a resource for our business and property owners and their employees to communicate important information and educational webinars. T o join the group, reach out to Mikhaila at [email protected].

Instagram Page Growth
1,698 Followers, up 1,001 from last year’s 697.
11,622 Engagements, up 9,201 from last year’s 2,421.

INSTAGRAM
ADVENT CALENDAR ENGAGEMENT: TOTAL CONTEST LIKES: 2,858 | TOTAL CONTEST COMMENTS: 3,917 Agenda Packet Page 60

COMMUNICATIONS

NEWSLETTERS
10,790 Newsletter Subscribers
Distributed 36 Business Newsletters and 22 Consumer newsletters.

Visit shopsmp
.com to sign up for newsletters.

Open Rate: 26.7% (Outperformed Industry rate 17.38%)
Click Rat
e: 2.5% (Outperformed Industry rate 2.04%)
T otal Open: 48,280

WEBSITE
ShopSMP.com continued to be a resource for our businesses and consumers as we navigated through COVID-19 restrictions. Each business located in the District is represented in our Business Directory. We encourage all our businesses to check their listing and send us updates.
49,154 users visited ShopSMP.com | 85,004 web page views

SPECIAL EVENTS IN THE DISTRICT

BACK TO SCHOOL BLOCK PARTY
Sunrise MarketPlace joined Sunrise Mall, San Juan Unified School District, Citrus Heights HART and Now 100.5 for our Back-T o-School Block Party. Over 100 Students and their families participated in games, interactive activities, and notebook decorating throughout the Sunrise Mall.

HOLIDAY FOOD DRIVE
Sunrise MarketPlace, Marketplace at Birdcage and KHITS teamed up to help our community with our Holiday Food Drive. The Drive-Thru Food Drive helped provide Holiday dinners to families in need in our community. SMP collected 813 items, on behalf of the Sunrise Christian Ministries Food Bank. Radio ads and social media posts drove customers to the Center and District.

CITRUS HEIGHTS JOB FAIR
Sunrise MarketPlace, Citrus Heights Chamber, Sunrise Mall and the City of Citrus Heights teamed up to help our community with job opportunities. The event had 38 businesses participating and over 70 job seekers.

SMP EVENT SUPPORT
SMP supported Blood Drive events at Marketplace at Birdcage and several events at Citrus T own Center.

ART IN SMP
SMP worked with Wide Open Walls on a mural execution
in conjunction with their annual event. Marketplace at
Birdcage participated with a mural on the former Stein
Mart building.

JOIN SUNRISE MARKETPLACE
for some fun before heading back to school, at our “Back T o School Block Party” at Sunrise Mall. Saturday, July 24th from 11am-3pm, kids of all ages are welcome to enjoy free games and activities throughout the mall as well as hot deals and cool clothes to get you back to school ready!
Sunrise MarketPlace is your back to school headquarters! VISIT SHOPSMP.COM FOR MORE INFO
ACTIVITIES INCLUDE:
• Rock Wall Climb
• Bungee Jump
• Giant Checkers
• Corn Hole
• Giant Building Blocks
• Photo Booth
• And More!
AT
THE
Agenda Packet Page 61

SERVICES & PROGRAMS
SUMMARY OF 2021-2024 SMP TERM

DISTRICT ENHANCEMENT PROGRAMS
SMP will market the District to its primary trade zone, which includes those areas immediately adjacent to the SMPPBID (Orangevale, Fair Oaks, Carmichael, Antelope and North Highlands). The marketing program will create awareness for the District and its businesses, positioning SMP as an attractive, convenient, value-filled shopping and business destination.

The SMPPBID will utilize a variety of digital platforms such as Facebook and Instagram, fostering loyalty and engagement with consumers for District businesses.

MARKET RESEARCH
SMP has contracted with Placer.ai, a venue analytics platform. Reports include visits, trade area, customer journey and insights, dwell time, visitation information. For information on your center or business please contact [email protected].

SPECIAL EVENTS
With the pandemic hopefully fading, SMP will
begin producing large events again. Events
create positive awareness, drive traffic to
the area and cultivate a positive emotional
connection with customers. Industry research
has shown that people look for experiences
when patronizing businesses and shopping
centers. SMP’s signature event, Brews in the
Burbs will take place on May 21, 2022.

PUBLIC SAFETY
SMP will fund security services that will focus on making the District a safer place to do business. Security services will include dedicated patrols by officers of the Citrus Heights Police Department, supplemented with private security patrols.

PUBLIC AREA IMPROVEMENTS & MAINTENANCE
SMP will continue to work with the City and our maintenance vendor to ensure the public areas remain well-groomed and attractive. SMP will also facilitate more public art including murals and utility box wraps. SMP will dress the public areas with street pole banners and holiday décor and roll out more utility boxes wrapped in artwork.

ECONOMIC DEVELOPMENT
Economic development activities will be aimed at attracting and retaining tenants. SMP will continue to work closely with the broker community to promote vacancies and developments in the District. Staff will continue to work closely with business and property owners, assisting in the planning and entitlement phase of projects as well as supporting potential tenant negotiations.

Bee r Festival
Sunrise
MarketPlace
Beer Festival
Sunrise
MarketPlace

DISTRICT SUPPORT

TOT GRANT
Sunrise MarketPlace continued business support with a
supplemented $20,000 Sacramento County TOT Grant,
to alleviate the impacts of COVID on our Business
and Property Owners.

SMP assisted Inferno Chicken with fencing and Beach Hut Deli with outdoor umbrellas to accommodate outdoor dining
during the Pandemic.

Some examples included:
• Citrus T own Center: gift card giveaways, event support • Marketplace at Birdcage: gift card giveaways,
new business banners, event support
• Sunrise Mall: easter c oloring contest, event support • Sunrise Village: gift card giveaways, business open signage • Former Burger King/Former KFC buildings:
transient property damage mitigation
• Brakemaster- transient property damage mitigation
• Former Flaming Asian building: property damage mitigation

COMMUNITY SUPPORT
Throughout the year, Sunrise MarketPlace continued
support to local Citrus Heights community organizations and programs.
• Citrus Heights HART: Back to School Notebooks
• Big Day of Giving: ALS & Citrus Heights HART
• Sacramento Self Help Housing” Let Them Eat Cake” Event • Sunrise Parks & Recreation: “Hot August Bites” Event
• Citrus Heights Arts: “Cookies with Santa”
• Citrus Heights PALS: “T runk or T reat” &
“T ree Lighting: Miracle Forest”
• City of Citrus Heights: Annual T ree Lighting
• Sunrise Christian Food Ministry F ood Bank
Agenda Packet Page 62
2020 VS. 2021

CRIME STATISTICS
• Robbery declined 20%
• Burglary declined 28%
• Larceny declined 13%
• Crimes against proper ty
declined 12%
*Burglary involves a person illegally
entering a building to commit a
crime; robbery is generally when
someone takes something of value
directly from another person by the
use of force or fear.

CLEAN AND SAFE PROGRAMS

SMP STEPS UP SECURITY
In 2021, SMP added armed private security during key times to supplement our contract with the Citrus Heights Police Department. Beginning in 2020, Officer Jeff Schouten has been assigned exclusively to the District. Officer Schouten patrols in the District T uesday through Friday 11:00AM to 9:00PM. He can be reached at 916-709-6418. All crime statistics have declined since the start of this special patrol.

Beginning in 2022, SMP increased the private security patrols to four days week (Saturday, Sunday, Monday, Wednesday). This is to primarily mitigate transient-related property damage, as well as deter criminal activity. Contact information and schedule (which may change during the year) is:

NorCal Security
Sat, Sun & Mon 3PM-11PM
Bill Hubbs (760) 562-5635
Or Mark Licuanan reserve fill in officer
916-532-7645
Wednesdays 1PM-9PM
Rich DeSilva (510) 938-4663
Shoplifting remains the main top criminal issue along with transient related calls.

T otal homeless related calls declined 9% with a 44% decrease in panhandling calls.

In addition to patrols, Officer Schouten parks decoy CHPD patrol cruisers at targeted businesses.

Prevention remains the most effective as arrests are difficult with Covid related jail issues and Prop 47 ramifications. Shoplifting items with value of less than $950 cannot be charged as a felony. Most shoplifters are aware of this cap and stay beneath it. It is best to call Officer Schouten to facilitate “burns”. He will come to the business and be present to deter potential shoplifters that a business may suspect is on site.

SMP ADDRESSES INCREASED

PROPERTY VANDALISM & TRASH

WITH DAIL

Y PORTER SERVICE
In 2021, SMP began working with City Wide Property
Services on an ad hoc basis to better maintain the public areas in the District. City Wide was utilized to remove illegally dumped items, abandoned shopping carts, clean graffiti and pick up trash. In 2022, entered a contract with City Wide Services for daily porter services. A porter
patrols the District for three hours Monday through
Friday. This is making a big difference in the appeal
and attractiveness of the public environment.

Agenda Packet Page 63

CITY CORNER

SUNRISE MALL SPECIFIC PLAN

NEW CITY MANAGER
City Manager Chris Boyd retired in
December of 2021 and Ash Feeney
was hired in January 2022.

Mr. Feeney has excellent private and
public sector commercial real estate and
economic development experience which
will be beneficial in implementing the
Sunrise Mall Specific Plan.

ARPA FUNDS
Citrus Heights is slated to receive a total of $15,676,972 in American Rescue Plan Act funds from the Federal Government for COVID-19 relief and economic recovery. The first half of the funds ($7,838,486) was received in 2021 and was allocated to backfill vacant positions at the police department; the remaining funds will be received in 2022.

A small business grant program was implemented in March and SMP is advocating for more funding to assist our business and property owners.

LISA CORDELL JOINS SUNRISE MARKETPLACE
In 2021, we said goodbye to Julie DePrada-Schott, Julie accepted a job as Executive Director of the Carmichael Chamber, where she is thriving! In November, we were lucky to find Lisa Cordell who joined Sunrise MarketPlace as the new Marketing and Special Projects Manager. Lisa has worked with Property and Business Improvement Districts (PBID) over the past 15 years where she was responsible for carrying out the mission of each district. She was the founder of the Stockton Blvd Community Development Corporation, which was created to access funds needed to complete many of the PBID’s projects. She became the Executive Director for the non-profit and successfully raised nearly 200K dollars in the first year. Lisa brings a wealth of knowledge, experience, and a passion for creating an environment where businesses can thrive. Lisa attended Sierra College receiving an Associate of Science in Business Administration and an Associate of Arts in Social and Behavioral Sciences, later transferring to California State University, Fullerton, where she received a Bachelor of Art in Business Administration.

Lisa and her husband Robert live in Lincoln, CA where they raise their five children. They also co-own three successful businesses located in Roseville, CA including a travel baseball organization.

On November 10, 2021, Citrus Heights City Council unanimously voted in favor of adopting the Sunrise T omorrow Specific Plan and its associated Environmental Impact Report, rezoning, and General Plan amendment.
“Sunrise Mall has long been in decline, due to changing retail trends,” said Chris Boyd, City Manager. “We know our community wants to see the site brought back to its former glory, and the adoption of our Specific Plan is a huge step in that process. Unlocking the 100-acre mall property for future mixed-use development, as opposed to keeping the site all retail, means mall owners now have the opportunity to densify, diversify, and breathe new life into the heart of our City.” Agenda Packet Page 64

FINANCIALS
16% Administration/
Advocacy/Maintancence
6% Economic Development/
PBID Renewal
33% Clean & Safe
20222021
2021 ACTUAL INCOME
Surplus/Deficit $24 9,193
Assessment Income $783,55 1
T otal Assessment Income $1,0 32,744
Grants/Sponsorships -
Other Income $10, 762
In-Kind Contributions non-cash $10, 000
T otal Non-Assessment Income $10, 762
TOTAL $1,043,506
2021 ACTUAL EXPENSES 2020
Admin/ Advocacy/Maintenance $109,815 16%
Economic Development/PBID Renewal $39, 034 6%
Marketing & Events $311,551 45%
Clean & Safe $22 6,928 33%
Contingency - 0%

TOTAL $687 ,327 100%
SURPLUS $356,179
2022 BUDGET - INCOME
Surplus/Deficit $356,179
Assessment Income $835,323
T otal Assessment Income $1,191,50 2
Grants/Sponsorships $126, 650*
Other Income -
In-Kind Contributions non-cash $25,000
T otal Non-Assessment Income $126, 650
TOTAL $1,318, 152
2022 BUDGET - EXPENSES 2021
Admin/ Advocacy/Maintenance $126, 699 11%
Economic Development/PBID Renewal $47 ,368 4%
Marketing & Events $57 1,329 52%
Clean & Safe $346,28 2 31%
Contingency $15,000 1%
TOTAL $1,106, 678 100%
SURPLUS $211,4 74
*includes $100,000 in ARPA funds from Sacramento County

FINANCIAL REPORT
11% Administration/
Advocacy/Maintancence
1% Contingency
4% Economic Development/
PBID Renewal
31% Clean & Safe
45%
Marketing
& Events
52%
Marketing
& Events
Agenda Packet Page 65

OFFICERS
Tiffany Clement
Chair
Merlone Geier
Sunrise Village
Natalie Worstein
Vic
e-Chair
Namdar
Sunrise Mall
Don T
ollefson
Treasurer
Batteries Plus
Kimberly Kelley
Secretary
InterCal Real Estate
T ravis Kimball
Past Chair
Quick Quack Car Wash
Greg Bazarnik
Macy’s
Christy DeCelle
Citrus T own Center
Beach Hut Deli
Andy Gianulias
Greenback Associates
T ed Mitchell
Property Owner
Wayne Wasulko
Alta Sunrise Building
Colby Y oung
Gerrity Group
Marketplace at Birdcage
STAFF
Kathilynn Carpenter
Executive Director
[email protected]
Lisa Cordell
Special Projects & Event Coordinator
[email protected]
Mikhaila Freas
Office & Marketing Assistant
[email protected]
2022 BOARD OF DIRECTORS
5912 Sunrise Mall Rd
Citrus Heights, CA 95610

PRSRT STD
U.S. POSTAGE
PAID

SACRAMENTO, CA
PERMIT NO. 586
OPENED
IN 2021
Breakout - Sunrise Mall
Fukumi Ramen
Inferno Chicken
La Estetica Hair Salon - Sunrise Mall

OPENED OR

COMING SOON
IN 202
2 Burger King
Chuze Fitness
Folsom Palace
Firehouse Subs- Sunrise Village
Jersey Mike’s Subs
JoAnn (remodeled store) - Sunrise Village
Popeyes Louisiana Kitchen
Raising Cane’s Chicken Fingers
Smart T ech Ready - Sunrise Mall
Starbucks - Sunrise Village

CITRUS HEIGHTS CITY COUNCIL
Porsche Middleton
Mayor
SMP Board Liaison
Tim Schaefer
Vice Mayor
Councilmember Steve Miller
SMP Board Liaison
Bret Daniels
Councilmember
Jeannie Bruins
Councilmember
Agenda Packet Page 66
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: April 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Nicki Garing, Lieutenant, Citrus Heights Police Department Ryan Jones, City Attorney
SU
BJECT: First Reading of Fireworks Regulation and Enforcement Ordinance Summary and Recommendation
St
aff recommends that the City Council hold the first reading, and read it by title only, of Ordinance No. 2022-___, Amending Chapter 38 of the Citrus Heights Code Relating to Fireworks and make the provisions in the existing code permanent.

Fiscal Impact
None
Background and Analysis
At
the City Council meeting on June 24, 2021, the City Council voted unanimously to adopt Urgency Ordinance No. 2021-001, related to the regulation and enforcement of fireworks in the City. An urgency ordinance is initially in force and effect for 45 days from its adoption per Government Code 65858. Pursuant to state law, the City Council extended the initial urgency ordinance for an additional 10 months and 15 days, until June 23, 2022, by adopting Ordinance No. 2021-002 on July 22, 2021.

The
urgency ordinance modified the City’s fireworks ordinance in the following ways: First, social host language was added which provides that the person hosting an event where an illegal firework is being used can be cited even if they are not the individual who lit the firework. This statutory framework provides the City with a greater ability to enforce the fireworks ordinance to assist in making the community safe. Second, a quiet hour provision was added to the ordinance to cap a time when fireworks can no longer be used. The ordinance prohibits the use of fireworks between the hours of 11PM and 9AM. Third, the penalty section was modified such that the first infraction is a $750 penalty, and subsequent infractions may result in a $1,000 fine with the possibility of having to pay the costs associated with the enforcement. Lastly, the Item 13
Agenda Packet Page 67
Subject: First Reading – Fireworks Regulation and Enforcement Ordinance Date: April 14, 2022

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ordinance required all fireworks stands to post a notice in a conspicuous place, which contains language outlining the key terms of the City’s fireworks ordinance.

In light of the urgency ordinance expiring on June 23, 2022 (unless further extended), staff recommends that the Council consider permanently adopting the same language from the urgency ordinance into the municipal code. The same concerns regarding fire danger and quiet enjoyment of one’s property remain at issue.

Attachment

(1) Ordinance No. 2021-001, An Urgency Ordinance of the City of Citrus Heights, California, Amending Chapter 38 Citrus Heights Code Relating to Fireworks

(2) Ordinance No. 2021-002, Extension of Urgency Ordinance of the City of Citrus Heights, California, Amending Chapter 38 Citrus Heights Code Relating to Fireworks

(3) Ordinance No. 2022-___, Ordinance of Citrus Heights, California, Amending Chapter 38 Citrus Heights Code Relating to Fireworks.

Agenda Packet Page 68
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ORDINANCE NO. 2021-001

AN URGENCY ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING CHAPTER 38 OF THE CITRUS HEIGHTS CODE RELATING TO FIREWORKS

WHEREAS, the regulation of fireworks is within the purview of the City Council, it is regulated in the Citrus Heights Municipal Code at Chapter 38, Article III.

WHEREAS, the City Council has authority to modify that ordinance and is hereby choosing to do so to help the City in regulating and enforcing illegal usage of fireworks. This urgency ordinance provides an enforcement tool whereby the social host of an event which ignites illegal fireworks can be cited, whereas the previous ordinance only allowed the city to cite the person who personally used the firework illegally. The urgency ordinance also modifies the hours of usage, the fines associated with illegal usage, and updates the hearing procedures.

WHEREAS, the City Council finds that an urgency ordinance related to fireworks is needed for the City for its protection and welfare given the unique fire dangers presented by the drought conditions. Moreover, the usage of illegal fireworks in the region is on the rise and these amendments are critical for the City’s ability to regulate and enforce illegal firework activity.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS DOES ORDAIN AS FOLLOWS:

The provisions of Chapter 38 of the City of Citrus Heights Code are amended, as follows:

SECTION 1. Amendment. Section 38.67 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-67 - Definitions
(a) The term “host” in this Section shall mean any of the following:

An owner of any private residential or non-residential real property in the City; or

Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or

Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

(b) The term “strictly liable” in this Section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

(c) The term "Response costs" means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted Agenda Packet Page 69
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discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unpermitted discharge or illegal storage of fireworks including, but not limited to:

Sa
laries and benefits of public safety personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to the response(s); and
The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at or leaving the scene of the unpermitted discharge or illegal storage of fireworks; and
The
cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpermitted discharge or illegal storage of fireworks.

SE
CTION 2. Amendment. Section 38.68 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec.
38-68. - Exception for certain public displays.

Public displays of fireworks may be given with a written permit issued by the fire chief, or the fire chief's designee, of the fire district within which the display is to be given so long as such display takes place under the supervision and direction of a state-licensed operator.

SE
CTION 3. Amendment. Section 38.69 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec.
38-69. - Exception for safe and sane fireworks.

It shall not be unlawful to possess, sell within the city those fireworks as are defined and classified as "safe and sane fireworks" in Health and Safety Code § 12500 et seq., during that time period beginning at 12:00 noon on June 28 and ending at 11:00 p.m. on July 5 of the same year.

It shall not be unlawful to use or discharge safe and sane fireworks during either of the following time periods:

Between the hours of noon and 11 p.m. on June 28th, or
Between the hours of 9 a.m. and 11 p.m. from June 29 through July 5 of the same year.

SE
CTION 4. Amendment. Section 38.70 -77 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec.
38-70. - License to sell required.

It shall be unlawful for any person to sell safe and sane fireworks within the city without a valid business license authorizing such sales.

Sec.
38-71. - Wholesale storage.

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The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district in which jurisdiction the storage site is located and the building inspection division. Any such storage is limited to the period from June 1 through July 15 of each year.

Sec.
38-72. - License restricted.
(a) No business license authorizing the sale of safe and sane fireworks shall be issued to any person or group, other than organizations which are exempted from the payment of the bank and corporation tax by Revenue and Taxation Code § 23701a, 23701b, 23701d, 23701e, 23701f, 23701g, 23701l or 23701w, provided that the organization satisfies the following criteria:
(1) It has its principal and permanent meeting place in the city; (2) It has been organized and established in the city for a continuous period of at least one year immediately preceding the application for a permit; and (3) It has a bona fide membership of at least 20 members. (b) No organization shall submit more than two applications for licenses to sell fireworks within the city. Submittal of more than two such applications shall be grounds for denial of all applications.
(c) Business licenses authorizing the sale of safe and sane fireworks shall not be transferable to another organization.
(d) Transfer of temporary stands from the location for which the license was initially issued may be made, provided that the application is made to the finance director on or before June 1, and provided, further, that any such location change has been approved in writing by the fire district having jurisdiction and the chief building official and otherwise complies with all sections of this article regulating the location of temporary fireworks stands.

Sec.
38-73. - License application.
(a) Each application for a business license to sell fireworks shall be in writing to the finance director on forms supplied by the city. Applications shall be received and filed with the finance director on or before the second Tuesday in April of each year.

Applications shall:
(1) Specify the proposed location of the fireworks stand; (2) Specify the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored;
(3) Contain such other information as may be required by the finance director; and
(4) Be accompanied by an application fee in the amount of $25.00. (b) The application shall be made in triplicate. The original of the application shall be retained by the finance director, one copy shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located, and one copy shall be sent to the building inspection division.
(c) The applicant for a license shall be notified by the finance director of the tentative approval or denial of the application for a business license by the first Monday in May of each year. Within two weeks of the notification of the tentative approval of the business Agenda Packet Page 71
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license, the applicant shall furnish to the finance director evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury, contractual liability, independent contractors, and products/completed operations, with a combined single limit for bodily injury and property damage of $1,000,000.00. The insurance policy shall designate the city, its officers, agents, employees and volunteers as additional insureds as to products, premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the city shall apply in excess of, and not contribute with, insurance provided by the applicant. The risk manager shall be the certificate holder. For nonrenewal or cancellation of the insurance policy, 30 days' advance notice shall be provided to the finance director. The insurance policy shall be limited to the specific location for which the business license is issued. The finance director shall issue the license to the applicant upon the presentation of required proof of insurance.
(d) A copy of the business license shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located. (e) The continued validity of any business license issued pursuant to this article shall be subject to the requirement that at least one of the responsible adults listed in the licensee's application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by a fire department or fire district within the county.

The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the business license to revocation.

Sec.
38-74. - Denial of license.
(a) The finance director shall issue the business license to sell fireworks unless:
(1) The finance director finds in writing that the applicant has failed to provide sufficient or adequate plans, information or other data necessary to permit a determination respecting compliance with the requirements of this article; (2) The finance director finds in writing that the applicant is not in compliance with any of the requirements of this article;
(3) The finance director finds in writing that the applicant falls within section 38-78(c); or
(4) Either the fire district in which jurisdiction the proposed stand will be located or the building inspection division fails to approve the application. (b) Any denial of a license pursuant to this section may be appealed pursuant to the procedures set forth in section 38-79(b).

Sec.
38-75. - Operation of stand.
(a) No person shall sell fireworks to any person under the age of 18 years. (b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28 and shall not continue after 10:00 p.m. on July 5 of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.
(c) No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.

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(d) No person other than the individuals who are members of the licensee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.
(e) No person under the age of 18 years shall sell or participate in the sale of fireworks. (f) No person shall be paid any consideration by the licensee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing location of the stand on its property.
(g) Fireworks stands shall be removed from the temporary locations by 12:00 noon on July 18, and all accompanying litter shall be cleared from such locations by that date and time.
(h) All Fireworks stands shall prominently display the key elements of this ordinance at each window of the stands. The posting shall be at least 8.5” X 11” in size and will use language provided by City staff.

Sec.
38-76. - Temporary fireworks stand.

All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following:
(1) No fireworks stand shall be located within 25 feet of any other building or within 100 feet of any gasoline pump or distribution point. (2) Fireworks stands need not comply with the provisions of the building code; provided, however, that all stands shall be erected under the supervision of the chief building official, who shall require that stands be constructed in a manner which will reasonably ensure the safety of attendants and patrons and provided, further, that any electrical installations shall comply with all applicable codes. (3) No stand shall have a floor area in excess of 750 square feet. (4) Each stand shall have at least two exits. Each stand in excess of 40 feet in length shall have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 20 feet.

Exit doors shall be not less than 24 inches wide and six feet two inches in height and shall swing in the direction of exit travel.
(5) Each stand shall be provided with two 2½-gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
(6) Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2, or in any other zoning classification if the chief building official certifies in writing to the finance director that the operation of a fireworks location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.

Sec.
38-77. - General requirements for licensees.
(a) Fireworks stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.

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(b) All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand. (c) No smoking signs shall be prominently displayed on and in the fireworks stand. (d) Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. (e) All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on July 5 shall be returned to the distributor or wholesaler and removed from the city within ten days. On closing of stands, all litter shall be removed from the premises. (f) No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

SECTION 5. Amendment. Section 38.78 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec 38-78 - Host’s liability.

No host shall knowingly allow any person to violate a provision of this chapter on the host’s private property.
(a) The provisions this section shall not apply to:

1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;

2. A host who initiates contact with law enforcement or fire officials to assist in removing any person from the property or terminating the activity in order to comply with this chapter, if the request for assistance is made before any other person contacts law enforcement or fire officials to complain about the violation of this chapter.

No host shall aid or abet another person’s violation of a provision of this chapter in a public right of way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this chapter if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.

SECTION 6. Amendment. Section 38.79 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-79. - Enforcement.

The division of authority for enforcement of this article shall be as follows:
(1) The chief of any fire protection district or his/her designated representatives shall have authority to enforce this article and issue citations for violations in their respective districts.
(2) The city fire warden shall have authority to enforce t his article in any area lying without any fire protection district.
(3) The city fire warden shall have authority to enforce this article in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.

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(4) The Chief of Police and his or her designated officers, staff and or code enforcement officers of the city of Citrus Heights.

Sec. 38-80. - Revocation of license; appeal.
(a) The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates section 38-73(e); 38-75(a), (b) or (e); or 38-77(d). If the revocation occurs between June 22 and July 5, the finance director shall inform the licensee that the licensee may seek review of the finance director's decision by the city manager on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager shall meet with the licensee and the finance director on that day to review the finance director's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (b) of this section shall apply.
(b) The finance director may revoke the license of any licensee who violates any section of this article not specified in subsection (a) of this section. Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director's decision by submitting a written request for review to the city manager.

The finance director shall provide the city manager with written notice that a fireworks license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. The city manager shall meet with the licensee and the finance director to review the finance director's decision. The decision of the city manager shall be final.
(c) Any licensee whose license has been revoked pursuant to subsection (a) or (b) of this section shall be barred from receiving a license under this article for five years from the date of revocation.

SECTION 7. Amendment. Section 38.81 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-81. - Penalty for violation.

(a) Any person who allows, permits, aids, or abets any discharge of fireworks (including a public display) without having first obtained a permit therefor from the Fire Marshal, or designee, shall be in violation of this section, unless otherwise permitted by ordinance.
(b) Any person who stores fireworks, including those classified as "safe and sane" by the California State Fire Marshal, except as expressly allowed by this Code, shall be in violation of this section.
(c) Administrative Citation. Upon identification of an unpermitted discharge or illegal storage of fireworks, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge of fireworks. Law enforcement shall notify those responsible persons present at the Agenda Packet Page 75
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unpermitted discharge or illegal storage that further violation of the ordinance may result in the issuance of increased fines and assessment of response costs.

The administrative fines shall be:

1. Seven hundred and fifty dollars for the first administrative citation issued to the responsible person.

2. One thousand dollars for the second and/or each subsequent admi nistrative citation issued to the responsible person.
(d) Upon identification of an unpermitted discharge of fireworks, law enforcement may also issue a written notice to all other identifiable responsible persons not present at the unpermitted discharge of fireworks that a violation of the fireworks ordinance has occurred and that further violations may result in the assessment of response costs. (e) Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. (f) The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation.
(g) Any person who violates this section shall be guilty of a misdemeanor. (h) Response Costs. A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of this ordinance may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. The amount of response costs constitutes a debt owed to the city.

If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person for the unpermitted discharge or illegal storage of fireworks need not be present at the event that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon a responsible person. (i) Notice of the response costs shall be served by first -class mail on the hosts liable for such costs. The notice shall contain the following information:

1. The name of the host who is liable for the response costs;

2. The address of the private property where the incident occurred;

3. The date and time of the response;

4. The law enforcement, fire, or other emergency response personnel who responded

5. An itemized list of the response costs.
(j) Payment for response costs shall be remitted to the city of Citrus Heights within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.
(k) A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs. The appeal hearing shall be scheduled and conducted in the manner prescribed in this chapter.

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(l) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.
(m) Violations of this chapter are hereby declared to be a public nuisance. (n) Any person who violates a provision of this chapter is liable for civil penalties of not less than $750 or more than $25,000 for each day the violation continues. (o) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
(p) Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to city within thirty days from the date of the administrative citation, together with an advance deposit of the fine. le
SECTION 8. Amendment. Section 38.82 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-82. – Administrative Citation Review.
(a) Any administrative citation fine, or portion thereof, paid pursuant to this chapter shall be refunded if it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.

1. No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance.

2. An appeal hearing shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed.

3. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

4. At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation.

5. The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

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

7. The hearing officer may continue the hearing and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

8. Any person aggrieved by an administrative decision of a hearing officer on an administrative citation appeal may obtain review of the administrative decision by filing a petition for review with the City Clerk for an appeal to the City Council

SECTION 9. Amendment. Section 38.83-84 of the Citrus Heights Code is hereby amended to read as set forth below:

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Sec.
38-83. - Seizure of fireworks.

The chief or the chief's designee of the fire district in which jurisdiction a fireworks stand is located may seize, take, remove or cause to be removed, at the expense of the licensee, all stocks of fireworks offered or exposed for sale, stored or held in violation of this article when such violation creates an imminent threat to public health or safety.

Sec.
38-84. - Concurrent authorities.

This article is not the exclusive regulation for fireworks within the city. This article shall supplement and be in addition to the other regulatory codes, statutes, and ordinances enacted by the county, the state, or any other legal entity or agency having jurisdiction.

Secs
. 38-85—38-110. - Reserved.

SECTION 10 . Immediate Effect. Consistent with Government Code Section 65858, this ordinance shall take effect immediately and will last for a period of 45 days. The ordinance may be extended further for a period totaling two years pursuant to action of the City Council consistent with the requirements of California Government Code Section 65858.

SECTION 11. Severability. Should any provision of this Ordinance is found to be unenforceable, each such provision shall be severed, and all remaining portions of this Ordinance shall be enforced to the maximum extent legally permissible.

SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law.

PAS
SED AND ADOPTED by the City Council of the City of Citrus Heights this 24th day of June 2021 by the following vote:

AYES
: Council Members: Bruins, Daniels, Schaefer, Middleton, Miller NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Steve Miller, Mayor
ATTEST:

Amy Van, City Clerk
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ORDINANCE NO. 2021-002

EXTENSION OF AN URGENCY ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING CHAPTER 38 OF THE CITRUS HEIGHTS CODE RELATING TO

FIREWORKS

WHEREAS, the regulation of fireworks is within the purview of the City Council, it is regulated in the Citrus Heights Municipal Code at Chapter 38, Article III.

WHEREAS, the City Council has authority to modify that ordinance and has chosen to do so to help the City in regulating and enforcing illegal usage of fireworks. The Council exercised that authority by passing Urgency Ordinance No. 2021-001 with a unanimous vote at the City Council meeting on June 24, 2021. That urgency ordinance provides an enforcement tool whereby the social host of an event which ignites illegal fireworks can be cited, whereas the previous ordinance only allowed the city to cite the person who personally used the firework illegally. The urgency ordinance also modifies the hours of usage, the fines associated with illegal usage, and updates the hearing procedures.

WHEREAS, pursuant to state law, the Urgency Ordinance will expire on August 8, 2021, unless otherwise extended. In light of the ongoing urgency, the City Council herein elects to extend the urgency ordinance by 10 months and 15 days, which is permitted by Government Code Section 65858, subdivision (a).

WHEREAS, the City Council finds that an urgency ordinance related to fireworks is still needed for the City for its protection and welfare given the unique fire dangers presented by the drought conditions. Moreover, the usage of illegal fireworks in the region is on the rise and this urgency ordinance is critical for the City’s ability to regulate and enforce illegal firework activity.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS DOES ORDAIN AS FOLLOWS:

SECTION 1. Extension . The City Council of the City of Ci trus Heights hereby extends Urgency Ordinance 2 021-001, in its entirety, which relates to t he regulation and enforcement of illegal usage of fireworks for a period of 10 months and 15 days from the end of the first extension, which thereby extends the moratorium to June 23, 2022.

SECTION 2. Immediate Effect . Consistent with Government Code Section 65858, this ordinance shall take effect immediately upon the expiration of Urgency Ordinance 2021-001 (August 8 , 2021) and the existing provisions of the code previously affected by this Ordinance will continue in force unaffected upon the expiration of this time period consistent with Government Code Section 65858 or as amended during thi s time period by the Citrus Heights City Council. The ordinance may be extended further by 10 months and 15 days pursuant to action of the City Council consistent with the requirements of California Government Code Section 65858.

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SECTION 3. Severability. If any portion of this ordinance is found to be unenforceable, each such provision shall be severed, and all remaining portions of this ordinance shall be enforced to the maximum extent legally permissible.

SECTION 4. Certification . The City Clerk shall certify to the passage and adoption of this ordinance as required by law.

PAS
SED AND ADOPTED by the City Council of the City of Citrus Heights this 22nd day of July 2021 by the following vote:

AYES
: Council Members: Bruins, Schaefer, Middleton, Miller
NOES: Council Members: None
ABSENT: Council Members: Daniels
ABSTAIN: Council Members: None
Steve Miller, Mayor
ATTEST:

Amy Van, City Clerk
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ORDINANCE NO. 2022-___

AN ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING CHAPTER 38

OF THE CITRUS HEIGHTS CODE RELATING TO FIREWORKS

WHEREAS, the regulation of fireworks is within the purview of the City Council, it is regulated in the Citrus Heights Municipal Code at Chapter 38, Article III.

WHEREAS, the City Council has authority to modify that ordinance and is hereby choosing to do so to help the City in regulating and enforcing illegal usage of fireworks. This ordinance provides an enforcement tool whereby the social host of an event which ignites illegal fireworks can be cited, whereas the previous ordinance only allowed the city to cite the person who personally used the firework illegally. The ordinance also modifies the hours of usage, the fines associated with illegal usage, and updates the hearing procedures.

WHEREAS, the City Council finds that a permanent ordinance related to fireworks is needed for the City for its protection and welfare given the unique fire dangers presented by the drought conditions. Moreover, the usage of illegal fireworks in the region is on the rise and these amendments are critical for the City’s ability to regulate and enforce illegal firework activity.

WHEREAS, at the City Council meeting on June 24, 2021, the City Council voted unanimously to adopt Urgency Ordinance No. 2021-001, related to the regulation and enforcement of fireworks in the City. The City Council extended the initial urgency ordinance for an additional 10 months and 15 days, until June 23, 2022, by adopting Ordinance No. 2021- 002 on July 22, 2021. Unless extended, that urgency ordinance will expire on June 23, 2022.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CITRUS
HEIGHTS DOES ORDAIN AS FOLLOWS:

The provisions of Chapter 38 of the City of Citrus Heights Code are amended, as follows:

SECTION 1. Amendment. Section 38.67 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-67 - Definitions
(a) The term “host” in this Section shall mean any of the following:

An owner of any private residential or non-residential real property in the City; or

Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or

Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

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(b) The term “strictly liable” in this Section shall mean liability for a wrongful act regardless of a person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

(c) The term "Response costs" means those reasonable and necessary costs directly incurred by public safety personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the unpermitted discharge or illegal storage of fireworks including, but not limited to:

The cost of repairing any public safety equipment or property damage, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of an unpermitted discharge or illegal storage of fireworks.

SECTION 2. Amendment. Section 38.68 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-68. - Exception for certain public displays.

SECTION 3. Amendment. Section 38.69 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-69. - Exception for safe and sane fireworks.

It shall not be unlawful to use or discharge safe and sane fireworks during either of the following time periods:

Between the hours of noon and 11 p.m. on June 28th, or
Between the hours of 9 a.m. and 11 p.m. from June 29 through July 5 of the same year.

SECTION 4. Amendment. Section 38.70 -77 of the Citrus Heights Code is hereby amended to read as set forth below:

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Sec. 38-70. - License to sell required.

It shall be unlawful for any person to sell safe and sane fireworks within the city without a valid business license authorizing such sales.

Sec.
38-71. - Wholesale storage.

The wholesale storage of fireworks shall be unlawful in the city without valid permits for such storage from the fire district in which jurisdiction the storage site is located and the building inspection division. Any such storage is limited to the period from June 1 through July 15 of each year.

Applications shall:
(1) Specify the proposed location of the fireworks stand; (2) Specify the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored;
(3) Contain such other information as may be required by the finance director; and
(4) Be accompanied by an application fee in the amount of $25.00. (b) The application shall be made in triplicate. The original of the application shall be retained by the finance director, one copy shall be transmitted to the fire district in which Agenda Packet Page 83
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jurisdiction the proposed fireworks stand will be located, and one copy shall be sent to the building inspection division.
(c) The applicant for a license shall be notified by the finance director of the tentative approval or denial of the application for a business license by the first Monday in May of each year. Within two weeks of the notification of the tentative approval of the business license, the applicant shall furnish to the finance director evidence of insurance providing comprehensive general liability coverage written on an occurrence basis, including but not limited to premises/operations, personal injury, contractual liability, independent contractors, and products/completed operations, with a combined single limit for bodily injury and property damage of $1,000,000.00. The insurance policy shall designate the city, its officers, agents, employees and volunteers as additional insureds as to products, premises/operations of the named insured. The insurance policy shall further be endorsed to provide that any insurance and/or self-insurance maintained by the city shall apply in excess of, and not contribute with, insurance provided by the applicant. The risk manager shall be the certificate holder. For nonrenewal or cancellation of the insurance policy, 30 days' advance notice shall be provided to the finance director. The insurance policy shall be limited to the specific location for which the business license is issued. The finance director shall issue the license to the applicant upon the presentation of required proof of insurance.
(d) A copy of the business license shall be transmitted to the fire district in which jurisdiction the proposed fireworks stand will be located. (e) The continued validity of any business license issued pursuant to this article shall be subject to the requirement that at least one of the responsible adults listed in the licensee's application shall attend a fireworks stand operator seminar conducted by the fireworks industry and approved by a fire department or fire district within the county.

The failure of a licensee to have such a responsible individual attend such safety seminar shall subject the business license to revocation.

Sec.
38-75. - Operation of stand.
(a) No person shall sell fireworks to any person under the age of 18 years.

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(b) Sale of fireworks shall begin no earlier than 12:00 noon on June 28 and shall not continue after 10:00 p.m. on July 5 of the same year. Sale of fireworks shall be permitted only from 9:00 a.m. to 10:00 p.m. daily.
(c) No person other than the licensee organization shall operate the stand for which the license is issued or share or otherwise participate in the profits of the operation of such stand.
(d) No person other than the individuals who are members of the licensee organization or the wives, husbands, parents or adult children of such members shall sell or otherwise participate in the sale of fireworks at such stand.
(e) No person under the age of 18 years shall sell or participate in the sale of fireworks. (f) No person shall be paid any consideration by the licensee or any wholesale distributor of safe and sane fireworks for selling or otherwise participating in the sale of fireworks at such stand; provided, however, that compensation may be paid for security personnel during non-sale hours and to the party authorizing location of the stand on its property.
(g) Fireworks stands shall be removed from the temporary locations by 12:00 noon on July 18, and all accompanying litter shall be cleared from such locations by that date and time.
(h) All Fireworks stands shall prominently display the key elements of this ordinance at each window of the stands. The posting shall be at least 8.5” X 11” in size and will use language provided by City staff.

Sec. 38-76. - Temporary fireworks stand.

Exit doors shall be not less than 24 inches wide and six feet two inches in height and shall swing in the direction of exit travel.
(5) Each stand shall be provided with two 2½- gallon water-type (minimum rating 2A) fire extinguishers in good working order and easily accessible for use in case of fire.
(6) Fireworks stands shall be located on property zoned SC, LC, GC, AC, TC, M-1 or M-2, or in any other zoning classification if the chief building official certifies in writing to the finance director that the operation of a fireworks Agenda Packet Page 85
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location in such other zoning classification will not endanger the health and safety of the community or create a fire hazard to surrounding properties.

Sec.
38-77. - General requirements for licensees.
(a) Fireworks stands shall not be located closer than 600 feet apart, unless separated by a principal arterial roadway.
(b) All weeds and combustible material shall be cleared from the location of the stand to a distance of at least 25 feet surrounding the stand. (c) No smoking signs shall be prominently displayed on and in the fireworks stand. (d) Each stand must have an adult watchman in attendance and in charge thereof when the stand is being used for sale, dispensing or storage of fireworks. (e) All unsold stock of fireworks in the hands of the retailer after 10:00 p.m. on July 5 shall be returned to the distributor or wholesaler and removed from the city within ten days. On closing of stands, all litter shall be removed from the premises. (f) No fuel-powered generator or similar equipment shall be allowed within 50 feet of a fireworks stand.

SE
CTION 5. Amendment. Section 38.78 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec 3
8-78 - Host’s liability.

No host shall knowingly allow any person to violate a provision of this chapter on the host’s private property.
(a) The provisions of this section shall not apply to:

1. The possession, manufacture, storage, display, sale, use, or discharge of fireworks as permitted under federal or state law;

No hos
t shall aid or abet another person’s violation of a provision of this chapter in a public right of way adjacent to the host’s private property. A host aids and abets another person’s violation of a provision of this chapter if he or she knows of the other person’s unlawful purpose and the host specifically intends to, and does in fact, aid, facilitate, promote, encourage, or instigate the other person’s commission of that violation.

SE
CTION 6. Amendment. Section 38.79 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec.
38-79. - Enforcement.

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(2) The city fire warden shall have authority to enforce this article in any area lying without any fire protection district.
(3) The city fire warden shall have authority to enforce this article in any fire protection district upon request of the chief of the fire protection district or the governing body thereof.
(4) The Chief of Police and his or her designated officers, staff and or code enforcement officers of the city of Citrus Heights.

Sec.
38-80. - Revocation of license; appeal.
(a) The finance director may revoke, immediately and without notice or hearing, the license of any licensee who violates section 38-73(e); 38-75(a), (b) or (e); or 38-77(d). If the revocation occurs between June 22 and July 5, the finance director shall inform the licensee that the licensee may seek review of the finance director's decision by the city manager on the next business day. At the earliest opportunity on the next business day after the revocation, the finance director shall provide the city manager with written notice that a fireworks business license has been revoked, including the name of the licensee and a brief statement of the grounds for revocation. If requested by the licensee, the city manager shall meet with the licensee and the finance director on that day to review the finance director's decision. The decision of the city manager shall be final. If the revocation occurs before or after the specified period, the appeal procedures of subsection (b) of this section shall apply.
(b) The finance director may revoke the license of any licensee who violates any section of this article not specified in subsection (a) of this section. Such revocation shall not take effect for five days, during which time the licensee may seek review of the finance director's decision by submitting a written request for review to the city manager.

SE
CTION 7. Amendment. Section 38.81 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec.
38-81. - Penalty for violation.
(a) A
ny person who allows, permits, aids, or abets any discharge of fireworks (including a public display) without having first obtained a permit therefor from the Fire Marshal, or designee, shall be in violation of this section, unless otherwise permitted by ordinance.

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(b) Any person who stores fireworks, including those classified as "safe and sane" by the California State Fire Marshal, except as expressly allowed by this Code, shall be in violation of this section.
(c) Administrative Citation. Upon identification of an unpermitted discharge or illegal storage of fireworks, law enforcement may issue an administrative citation or a notice of violation to all responsible person(s) present at the unpermitted discharge of fireworks. Law enforcement shall notify those responsible persons present at the unpermitted discharge or illegal storage that further violation of the ordinance may result in the issuance of increased fines and assessment of response costs.

The administrative fines shall be:

1. Seven hundred and fifty dollars ($750.00) for the first administrative citation issued to the responsible person.

2. One thousand dollars ($1,000.00) for the second and/or each subsequent administrative citation issued to the responsible person. (d) Upon identification of an unpermitted discharge of fireworks, law enforcement may also issue a written notice to all other identifiable responsible persons not present at the unpermitted discharge of fireworks that a violation of the fireworks ordinance has occurred and that further violations may result in the assessment of response costs. (e) Nothing in this chapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, storage, and/or transportation of dangerous fireworks. (f) The penalties set forth herein are intended to be nonexclusive and are intended to be in addition to any other remedies provided in this chapter or any other law, statute, ordinance or regulation.
(g) Any person who violates this section shall be guilty of a misdemeanor. (h) Response Costs. A responsible person(s) who has been issued a second administrative citation and/or written notice of violation of this ordinance may be liable for response costs incurred in responding to the unpermitted discharge or illegal storage of fireworks. All responsible persons shall be jointly and severally liable for the response costs incurred in the response and all subsequent responses. The amount of response costs constitutes a debt owed to the city.

If a responsible person is a juvenile, then the parents or guardians of that juvenile and the juvenile will be jointly and severally liable for the response costs incurred pursuant to this chapter. To incur liability for response costs imposed by this chapter, the responsible person for the unpermitted discharge or illegal storage of fireworks need not be present at the event that causes the response giving rise to the imposition of response costs. This chapter therefore imposes vicarious as well as direct liability upon responsible persons. (i) Notice of the response costs shall be served by first-class mail on the hosts liable for such costs. The notice shall contain the following information:

1. The name of the host who is liable for the response costs;

2. The address of the private property where the incident occurred;

3. The date and time of the response;

4. The law enforcement, fire, or other emergency response personnel who responded

5. An itemized list of the response costs.

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(j) Payment for response costs shall be remitted to the city of Citrus Heights within 30 calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.
(k) A host charged with response costs may, within 10 calendar days of the date of the notice of response costs, appeal the response costs. The appeal hearing shall be scheduled and conducted in the manner prescribed in this chapter. (l) Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies, and bars any further review or administrative appeal of the response costs.
(m) Violations of this chapter are hereby declared to be a public nuisance. (n) Any person who violates a provision of this chapter is liable for civil penalties of not less than $750 or more than $25,000 for each day the violation continues. (o) All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
(p) Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to city within thirty days from the date of the administrative citation, together with an advance deposit of the fine. (q) Any recipient of an administrative citation may appeal the citation by completing a request for hearing form and returning it to city within thirty days from the date of the administrative citation, together with an advance deposit of the fine.

SECTION 8. Amendment. Section 38.82 of the Citrus Heights Code is hereby amended to read as set forth below:

1. No appeal hearing to contest an administrative citation shall be held unless the fine has been deposited in advance.

2. An appeal hearing shall be set for a date that is not less than fifteen days and not more than sixty days from the date that the request for hearing is filed.

3. The appellant shall be notified of the time and place set for the hearing at least ten calendar days prior to the date of the hearing.

4. At the hearing, the appellant shall have the opportunity to testify and to present evidence concerning the administrative citation.

5. The failure of the appellant to appear at the appeal hearing shall constitute a forfeiture of the fine and a failure to exhaust their administrative remedies.

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

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7. The hearing officer may continue the hearing and/or request additional information from the enforcement officer or the recipient of the administrative citation prior to issuing a written decision.

SECTION 9. Amendment. Section 38.83-84 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 38-83. - Seizure of fireworks.

Sec. 38-84. - Concurrent authorities.

Secs. 38-85—38-110. - Reserved.

SECTION 10. Severability. If any provision of this Ordinance is found to be unenforceable, each unenforceable provision shall be severed, and all remaining portions of this Ordinance shall be enforced to the maximum extent legally permissible.

SECTION 11. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption, provided it is published in full or in summary within fifteen (15) days of its adoption, in a newspaper of general circulation published and circulated in the City of Citrus Heights.

SECTION 12. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights this __th day of ___ 2022 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

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Porsche Middleton, Mayor
ATTEST:

Amy Van, City Clerk
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: April 14, 2022
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FRO
M: Casey Kempenaar, Community Development Director
Alison Bermudez, Senior Planner
SU
BJECT: Drive-through Facilities Discussion
Summary and Recommendation
On
January 27, 2022, the City Council directed staff to report to Council on drive-through facilities in Citrus Heights. The Council asked staff to bring background information about drive- through facilities, existing regulations, and potential options for regulation of these uses.

St
aff recommends Council review the staff presentation and provide direction to staff if future action is desired.

Fiscal Impact
Ther
e is no fiscal impact related to this action. There may be future fiscal impacts depending on the direction of the City Council.

Background and Analysis
Thi
s Staff Report is organized as follows:

A. Ex
isting Drive-through Facilities
B. Existing Drive-through Facility Regulation
C. Drive-through Facility Regulation Options
D. Economic Impacts and Tradeoffs
E. Opportunity Costs
F. Trends
A. Ex
isting Drive-through Facilities
Staff has identified 69 drive-through facilities that exist today in Citrus Heights. This number includes all types of drive-through facilities including pharmacies, banks, car washes, and quick Item 14
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service food/coffee. Of the 69 existing drive-through facilities, 20 were approved after the city’s incorporation. Attachment 1-A depicts the location of all existing drive-through facilities in Citrus Heights and 1-B identifies whether or not the drive-through facility was permitted before or after the city’s incorporation.

Driv
e-through food service represents the majority of drive-through facilities in the city. Table 1 depicts the number of drive-through quick service food service locations in Citrus Heights and whether approved before or after incorporation:

Table 1
Summary of Quick Service Food Services with Drive-through Facilities Number approved since incorporation 16
Number existing prior to incorporation 26
Total number drive-through facilities related to food
services
42 Table 2
Summary of Existing Drive-through Facilities- All Types Number of restaurants with drive-through facilities 42
Number of pharmacies with drive-through facilities 4
Number of car-washes with drive-through facilities 13
Number of banks with drive-through facilities 10
Total number drive-through facilities 69
B. Ex
isting Drive-through Facility Regulation
Below is an overview of a number of city policies or regulations which pertain to drive-through facilities including the General Plan, Zoning Code, and Specific Plans:

General Plan
The General Plan provides broad policy direction related to drive-through facilities. Policy 10.8 of the General Plan states:

Di
scourage concentration of auto intensive facilities (such as drive through and gas station uses) and ensure that drive-through businesses are allowed only where compatible with the surrounding areas.

Zoning Code
The Zoning Code (Attachment 2) contains numerous standards related to drive-through facility design including vehicular queuing, screening, and design standards.

Cu
rrently, businesses with associated drive-through facilities are permitted in most commercial zones (Limited Commercial, General Commercial, and Shopping Center) with the approval of a Use Permit. In addition to the Use Permit for businesses with drive-through facilities, the overall Agenda Packet Page 93
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project is reviewed through the Design Review Permit process. Both of these permits are processed concurrently and the Planning Commission serves as the hearing body for these actions.

The Zoning Code contains required findings the Planning Commission must consider prior to approving or denying a project. These findings, as listed below, provide specific considerations including consistency with the General Plan and Zoning Code, compatibility with the surroundings and the physical layout of the site.

1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

5. Granting the permit would not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located.

The Zoning Code also provides findings, which if met, would allow a review authority to revoke/modify an approved permit through a public hearing process. Permit revocations could be initiated in variety of situations including when changes to project occur that cause substantially greater impacts (e.g. traffic, noise, parking requirements, outdoor activities, etc.).

The review authority would be required to make one or more of the following findings when considering revocation/modification to an approved project:

1. One or more of the findings required to grant the original permit can no longer be made because of changes to the project by the applicant;

2. Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;

3. One or more conditions of approval have not been completed or have been violated;

4. The use or structure for which the permit was granted no longer exists or has been suspended for at least 12 months, as defined in Chapter 106.72 (Nonconforming Uses, Structures, and Parcels);

5. Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute; or
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6. The
approved use has been expanded beyond the scope of the original approval, so that the external impacts of the use are substantially greater (e.g., traffic, noise, parking requirements, outdoor activities, etc.).

7. The
permit has expired in compliance with Section 106.64.070 (Permit Time Limits, Extensions, and Expiration).

At
tachment 3 depicts a complete list of the findings for both the approval and/or revocation of Planning Permits.

Specific Plans
Drive-through facilities are addressed within the city’s three specific plans:

Stoc
k Ranch. During the preparation of the Stock Ranch Guide for Development, compatibility with the adjacent neighborhoods was a significant driver of the Guide’s regulations. Stock Ranch is unique, in that the property is surrounded on all sides by existing residential development. As a result, the City Council restricted the Stock Ranch Guide to allow a single drive-through facility within the Auburn Commerce District of the Plan area. This District is the commercial area on the south side of Auburn Boulevard where Costco and Walmart are located.

Fol
lowing the adoption of the Stock Ranch Guide for Development, the Stock Ranch Conceptual Site Plan was approved by the Council which depicts the overall future layout of the site. The layout included a future drive-through facility as allowed by the Guide.

At such time the developer moves forward with the drive-through entitlement, a Use Permit and Design Review Permit will be required prior to implementation.

Aubur
n Boulevard Specific Plan (ABSP). The ABSP allows drive-through facilities with the issuance of a Use Permit throughout the Plan area. However, the Sylvan Corners Village Square District is limited to a single stand-alone drive-through facility.

Sunri
se Tomorrow Specific Plan. The Sunrise Tomorrow Specific Plan prohibits drive- through facilities. This Specific Plan intends to discourage automobile-centric uses to promote uses that are more supportive of mixed use development.

CEQA Considerations
The California Environmental Quality Act (CEQA) requires the city to consider environmental impacts when projects are considered for approval. The following is a summary of the special considerations related to traffic/transportation and noise during the review of a drive-through facility application:

Tr
affic/Transportation. Most drive-through facility projects result in over 200 Average Daily Trips (ADT) which is the city’s typical threshold for evaluating a project’s traffic/transportation impacts. When a project is expected to exceed the 200 ADT Agenda Packet Page 95
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threshold, the city requires a Transportation Impact Study (TIS) to evaluate traffic safety, trip generation, and circulation impacts related to the project. For drive-through facilities, the review of queuing for vehicular stacking and onsite/offsite turn movements are carefully evaluated.

The
TIS provides the basis for determining whether or not a proposed project will meet the traffic safety related findings.

Noi
se. Most drive-through facilities have some type of noise generating device such as communication devices for ordering, blowers/vacuums at car washes. These devices can have an impact on surrounding sensitive land uses. Typically, an acoustical analysis is required to evaluate the potential impacts of the operation of the drive-through facility.

C. Dr
ive-through Facility Regulation Options
While there are a number of regulations and development standards currently in place which regulate drive-through facilities, the Council may consider a number of options should there be a desire to further regulate drive-through facilities. The options include increasing the development standards and regulations, a ban or moratorium, or maintain status quo. Below is a brief summary of each of the options.

1. In
creased Development Standards/Regulations. The Zoning Code includes numerous development standards applicable to drive-through facilities as discussed in Section B.

The Council may consider additional regulations or standards which may further reduce the impact of drive-through facilities and ensure community compatibility. Below are some of the options which may be considered:
• Ge
ographic Limitations (Sunrise MarketPlace, Auburn Boulevard, etc). The Council may consider specific geographic locations where drive-through facilities are either allowed or prohibited. For example, some communities only allow drive-through facilities within close proximity to freeways.
• Di
stance Requirements. The Council may consider setting minimum separation distances between drive-through facilities. This would be similar to the separation requirements the city currently uses for certain other uses such as Alcoholic Beverages Sales, Smoking Paraphernalia Establishments, Adult Uses, etc. • De
sign Criteria. The Council may consider more stringent design criteria applicable to drive-through facilities such as enhanced screening, architectural treatments, landscaping, etc.
• Hour
s of Operation. The Council may consider reduced hours of operation for drive- through facilities such as prohibiting 24 hour drive-through facilities.

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• Level of Review. Currently, the Planning Commission is charged with final approval of Use Permits. The Council may consider requiring all new drive-through facilities to be reviewed and considered by the Council.
• Sp
ecific Regulations based on type of drive-through facility. The Council may consider more aggressive restrictions for those drive-through facilities that tend to have more neighborhood compatibility impacts (for example increased regulations for fast food as opposed to pharmacy drive-through facilities). • Cir
culation. Since majority of the drive-through facilities are located along commercial corridors, drive-through facilities do not typically impact the public roadway. However, drive-through facilities can cause on-site circulation impacts to parking lots and drive-aisles. The Council could consider amendments to site design standards to further refine on-site circulation standards.

Shoul
d the Council want to consider any of these (or other) development standards for drive-through facilities, staff will need clear direction to prepare Zoning Code and the Specific Plans amendments and return for future consideration.

2. Ban/
Moratorium. Another option would be a ban (permanent) or moratorium (temporary) on new drive-through facilities. Each approach has different impacts on Citrus Heights but both approaches have been used in other agencies in California. It should be noted that if either of these methods are used, special consideration should be given on its impact to drive-through facilities which are included in existing development agreements (Stock Ranch) or development applications currently under review. • Ban:

This action would immediately go into effect and would prohibit any new drive-through facilities in the city. For this method, discussion and direction would be needed for information such as would the ban apply to “all” drive-through facilities including pharmacies, car washes, banks etc. or just food and beverage services. In addition, a ban will require substantive evidence to support the ban (i.e. health, air quality, greenhouse gases, etc.). Should a ban be considered, staff will work with the City Attorney and the ban will be presented at a future meeting. • Mor
atorium: This would be used in conjunction with the direction to amend the development standards as it would temporarily prohibit the acceptance of new drive- through facility applications (for up to one year) and allow time to prepare code amendments addressing Council’s concerns.

3. Stat
us Quo. Another option is to continue the review and processing of drive-through facility applications in the current form. As discussed in Section B, the Zoning Code does provide standards for queuing and screening of the drive-through facility lane, traffic impacts are reviewed for compliance with the city’s TIS guidelines and drive- through facility locations are prohibited or limited in certain plan areas.

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D. Economic Impacts and Tradeoffs
Drive-through facilities provide convenience to residents and visitors to the City. They also generate sales tax revenue. With all policy decisions, there are tradeoffs the Council must weigh.

Below is a summary of a few of these tradeoffs:
- Sal
es Tax Generation – Food services (restaurants) produce significant tax revenue for the City. This revenue is used to provide essential city services. In 2021, restaurants generated approximately $1.5 million in sales tax revenue with more than half the amount ($760,000) of those revenues generated from quick service restaurants (service with/without drive-through facilities). In general, food services represent 10% of the city’s total sales tax revenue.
- Community Impacts –Drive-through facilities cater to pass-by traffic by creating convenient dining and service options for customers. While convenient, these uses can result in challenges related to community compatibility such as increased noise, increased traffic, vehicular circulation impacts (on and offsite). - Mobility Tradeoffs - Multiple, closely- spaced, driveways associated with drive-through facilities actually do inhibit efficient vehicle movement, but they create pedestrian hazards and interrupt the multimodal street experience for pedestrians, cyclists, and transit riders which may be seen as contrary to other City mobility related goals for transit, pedestrians and bicyclists.

E. Oppor
tunity Costs
Wh
ile most drive-through facilities have a relatively small building footprint, queuing for vehicles usually doubles or triples the site size required to serve drive-through locations. When compared to other alternative uses such as office, residential, or mixed-use developments, drive- through facilities are often seen as a less efficient use of land (typically single story and limited in size).

Another consideration is that drive-through facilities typically generate lower wage jobs as opposed to other uses, generate less property tax than denser development, and data shows they often do not result in customers stopping and spending more time shopping within Citrus Heights.

The built environment can dramatically alter a community’s character. Automobile centric land uses tend to cluster and similar auto oriented uses follow (e.g. gas stations, convenience stores).

Once these uses are established, the likelihood of an alternative use replacing an automotive centric use becomes limited or significantly delayed due to the built capital expenditure.

Th
e collective impact of these uses can alter the course of the built environment, set a tone that is challenging to unwind and creates a barrier to higher use development. This can represent a challenge to support City Economic Development goals related to diversifying the economy.

Th
e impact often seen generated from these types of uses can have impacts on adjacent properties, limiting the type of uses that may locate adjacent to one of these uses. For example, Agenda Packet Page 98
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redevelopment of an existing parking lot into a residential or mixed-use development may be less compatible adjacent to the noise and traffic associated with drive-through facilities, car washes, auto repair, etc. potentially limiting the universe of use types that are conducive in the City’s corridors.

Land use planning limitations or restrictions on drive-through facilities can be tools for specific areas within a city to achieve economic development objectives or community character desires where current high market demand for drive through facilities may impair long-term community planning objectives.

F. Trends
Prior to the pandemic, consumer preference for off-premise dining was on the rise and the pandemic further accelerated the trend. There is indication the increasing trend is leveling but a recent survey showed that 40% of the consumers are likely to use a drive-through facility, take- out, or a delivery service, even when dine-in services are offered [1]. Consumers have indicated
their preference for drive-through facility services for variety of reasons including hygiene, speed, efficiency and ease of use for those with accessibility issues.

Recent data suggests that demand for drive throughs has plateaued as the Covid-19 Pandemic has receded. While it is unclear if and when dine-in services may return to pre-pandemic levels, some of the trends that came out of the pandemic are likely to stay. Food delivery services such as Uber Eats, Postmates, and Grubhub are now part of most operations. Mobile ordering is also becoming more mainstream and some food chains are even constructing “mobile only” restaurants. These “mobile only” restaurants are locations where consumers order ahead on-line and drive-through to pick-up their order; there are no orders taken at the restaurant.

Attachments

1. Maps of Drive Through Facilities in Citrus Heights
Map 1: Drive-through Facility Establishments by Type
Map 2: Drive -through Facility Establishment by Pre/Post Incorporation

2. Zoning Code Section for Drive Through Facilities

3. Findings for Use Permits and Design Review Permits

[1]Survey conducted by Technomic in May 2020 with 700 respondents in the US Agenda Packet Page 99
Legend
Restaurant (42)
Pharmacy (3)
Car Wash (13)
Bank (10)
Van Maren Ln
Twin Oaks Ave
Antelope Rd
Auburn Blvd
Sunrise Blvd
Mariposa Ave
Madison Ave
Oak Ave
Sylvan Rd
San Juan Ave
Greenback Ln
Fair Oaks Blvd
Map 1
Attachment
1-A
Drive-through Facilities
All Service Types
Agenda Packet Page 100
Van Maren Ln
Twin Oaks Ave
Antelope Rd
Auburn Blvd
Sunrise Blvd
Mariposa Ave
Madison Ave
Oak Ave
Sylvan Rd
San Juan Ave
Greenback Ln
Fair Oaks Blvd
Legend
Pre-Incorporation
Post-Incorporation
Non-Food Service
Post-Incorporation
Quick-Service Food
Map 2
Attachment
1-B
Drive-through Facilities
Pre/Post Incorporation
Agenda Packet Page 101
106.42.080 - Drive-Through Facilities 106.42.080

Where allowed by Article 2 (Zoning Districts and Allowable Land Uses), drive -through facilities shall comply with the requirements of this Section.

A. General standards.

1. Design objectives. A drive-through facility shall be designed and operated to mitigate problems of congestion, excessive pavement, litter, and noise.

2. Limitation on location. A drive -through facility shall be planned and designed to minimize its visibility f rom a public right-of-way.

3. Screening. The drive -through aisle and stacking area shall be screened from the view of the street by a combination of decorative low walls, berming, and landscaping, as determined by the review authority.

B. On-site circulation standards. A drive-through facility shall be provided internal circulation and traffic control as follows.

1. Drive-through aisle design.

a. The entrance and exit of a drive aisle shall both be a minimum of 25 feet from any driveway providing access to the site from a public street.

b. Each drive aisle shall be designed with a minimum 10 -foot interior radius at curves and a minimum 10 -foot width.

2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drive -through service that is separated from other on-site traffic circulation on the site.

a. Location. A stacking area shall not be located adjacent and parallel to a street or public right -of-way, unless the review authority determines that there is no feasible alternative.

b. Capacity. A drive-through aisle that provides access to a service window shall be designed to provide the following length of stacking space, measured from the service window to the entry point into the drive - through lane.

(1) Restaurants. An aisle accessing a food service window (ordering or pickup, whichever occurs first in a drive through aisle) shall be designed to provide at least 120 feet of stacking space.

(2) Other retail and service businesses. An aisle accessing a retail pick-up or service window for a business other than a restaurant shall be designed to provide at least 80 feet of stacking space.

(3) Additional stacking area. The review authority may require stacking area in addition to that required by Subsections B.2.b(1) and b(2) where it determines that the proposed use will generate more customer vehicle traffic than the above requirements will accommodate.

c. Traffic control. A stacking area shall be separated from other traffic by concrete curbing or land scaping on at least one side of the lane.

3. Exceptions. The review authority may approve alternatives to the requirements of Subsections B.1 and B.2 where it first finds that the alternate design will, given the characteristics of the site, be equally e ffective in ensuring on- and off-site pedestrian and vehicular traffic safety and minimizing traffic congestion.

C. Building design. The review authority shall require that the proposed building:

Attachment 2
Agenda Packet Page 102

1. Incorporate architectural features that clearly identi fy pedestrian entrances to buildings, and provides safe and convenient pedestrian access to the entrances;

2. Use upgraded building materials and design as necessary to offset the negative influence of the additional pavement on overall project appearance;

3. Include a canopy or trellis-like feature over ordering and pick-up windows; and

4. Include an outdoor seating/plaza area for food consumption.

D. Landscaping. The review authority shall require on -site landscaping it determines is necessary to of fset the extensive pavement devoted to auto use on the site.

E. Signs. Each entrance to, and exit from a drive -through aisle shall be clearly marked to show the direction of traffic flow by signs and pavement markings or raised curbs.

Agenda Packet Page 103
Required Findings for Approval:
106.62.040 - Design Review 106.62.040
D. Findings and decision. The review authority shall approve or disapprove an application for Design Review approval concurrently with the approval or disapproval of any other planning permit (i.e., Use Permit, Minor Use Permit, Variance or Minor Variance, Zoning Clearance, or subdivision map) required for the project, if the Design Review application is filed with the City at the same time. Design Review approval shall require that the review author ity first find that the project, as proposed or with changes resulting from the review process and/or conditions of approval:

1. Complies with this Section and all other applicable provisions of this Zoning Code;

2. Provides architectural design, buildin g massing and scale, and street and lot layout in the case of a subdivision, that are appropriate to and compatible with the site surroundings and the community;

3. Provides attractive and desirable site layout and design, including building arrangement, exterior appearance and setbacks, drainage, fences and walls, grading, landscaping, lighting, signs, etc.;

4. Provides safe and efficient public access, circulation and parking, including bicycle and pedestrian accommodations where appropriate;

5. Provides appropriate open space and landscaping, including the use of water efficient landscaping;

6. Is consistent with the General Plan, any applicable specific plan, development agreement, and/or any previously approved planning permit; and

7. Complies with all applicable design standards in Chapter 106.31 (Design Standards), and/or other applicable City design guidelines and policies.
106.62.050 - Use Permit and Minor Use Permit 106.62.050 F. Findings and decision. The review authority may approve or disapprove an application for Use Permit or Minor Use Permit approval. The review authority shall record the decision and the findings on which the decision is based. The review authority may approve the permit only after first finding all of the following:

1. The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of this Zoning Code and the Municipal Code;

2. The proposed use is consistent with the General Plan and any applicable specific plan;

3. The design, location, size, and operating characteristics of the proposed activity are compatible with the existing and future land uses in the vicinity;

4. The site is physically suitable for the type, density and intensity of use being proposed, including access, utilities, and the absence of physical constraints; and

Attachment 3
Agenda Packet Page 104
Required Findings for Revocation:

106.64.090 - Permit Revocation or Modification 106.64.090

An approved planning permit may be revoked, or c onditions of approval or other provisions of the permit or entitlement may be modified by the City in compliance with this Section.

A. Notice and hearing. The review authority shall hold a public hearing to revoke or modify an application, entitlement, o r permit granted in compliance with the provisions of this Zoning Code. Notice of the hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 106.76 (Public Hearings) .

B. Review authority action. A Planning Permit may be revoked or modified by the review authority that originally approved the permit (e.g., Director, Commission or Council), after first making one or more of the following findings:

1. One or more of the findings required to grant the original permit can no longer be made because of changes to the project by the applicant;

2. Permit issuance was based on misrepresentation by the applicant, either through the omission of a material statement in the application, or in public hearing testimony;

3. One or more conditions of approval have not been completed or have been violated;

4. The use or structure for which the permit was granted no longer exists or has been suspended for at least 12 months, as defined in Chapter 106.72 (Nonconforming Uses, Structures, and Parcels);

5. Improvements authorized by the permit are in violation of any code, law, ordinance, regulation, or statute; or

6. The approved use has been expanded beyond the scope of the original approval, so that the external impacts of the use are substantially greater (e.g., traffic, noise, parking requirements, outdoor activities, etc.).

7. The permit has expired in compliance with Section 106.64.070 (Permit Time Limits, Extensions, and Expiration).

C. Effect of revocation. The revocation of a Planning Permit shall have the effect of terminating the permit and denying the privileges granted by the original permit.

Agenda Packet Page 105

CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM

DATE: April 14, 2022

TO: Mayor and City Council Members
Ashley J. Feeney, City Manager

FROM: Regina Cave, General Services Director
Leslie Blomquist, City Engineer
Ardelyn Flores, Associate Civil Engineer

SUBJECT: Approval of the Final Subdivision Map and Subdivision Improvement Agreement for Citrus Place Subdivision

Summary and Recommendation

On July 26, 2006, the Planning Commission approved , with conditions, the Tentative Map for the Citrus Place Subdivision submitted by Citrus Place, LLC. Since then, the parcel has been sold several times, and in 2021 it was purchased by Citrus Place 8, LLC (Developer) . With several map extensions issued by the State of California and the City of Citrus Heights, the approved Tentative Map has remained valid. The development consists of one existing parcel (total 2.27 gross acres) and is located on the west side of Wachtel Way approximately 1,100 feet south of Old Auburn Road.

The subdivision map creates eight single-family residential lots.

The City Engineer reviewed the tentative map approval documents , the final subdivision map (Attachment A), subdivision improvement agreement with bonds (Attachment B) and found the final subdivision map to be technically correct and in substantial compliance with the conditionally approved tentative map.

Staff recommends the Cit y Council approve Resolution No. 2022- ___ a Resolution of the City Council of the City of Citrus Heights, California, Approving the Final Subdivision Map and Subdivision Improvement Agreement for the Citrus Place Subdivision.

Fiscal Impact

There is no fiscal impact associated with this item. However, as a condition of this project, the developer will construct:
• approximately 240 linear feet of roadway centerline
• approximately 635 linear feet of sidewalk, curb & gutter • 3 street lights and related infrastructure
• storm drain facilities

Subject: Approval of the Final Subdivision Map and SIA for Citrus Place Subdivision Date: April 14, 2022

Page 2 of 2 ends

Once the project is complete and accepted by the city, the city will be responsible for the ongoing maintenance and operations costs associated with these public improvements.

Background and Analysis

The approved tentative subdivision map subdivides the existing parcel into eight single-family lots.

Tentative maps are required for either process, but may be waived in certain instances.

Attachments

2. Final Subdivision Map – Citrus Place Subdivision

3. Subdivision Improvements Agreement

RESOLUTION NO. 2022 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS,

CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP AND SUBDIVISION

IMPROVEMENT AGREEMENT FOR CITRUS PLACE SUBDIVISION

WHEREAS, on July 26, 2006, the Planning Commission of Citrus Heights, California, approved, with conditions, the tentative subdivision map titled, “Tentative Map Citrus Place Subdivision” prepared by Riechers Spence Associates;

WHEREAS, the Developer submitted a Subdivision Improvement Agreement and bonded for the public improvements. Proof of adequate bonding shall be furnished to the City by April 22, 2022, as a condition of approval of the Final Map.

The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED by the City Council of Citrus Heights, California, this 14 th day
of April 2022 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

Porsche Middleton, Mayor
ATTEST:

Amy Van, City Clerk
1 NO FEE DOCUMENT
Government Code § 6103

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

TY OF CITRUS HEIGHTS
6360 Fountain Square Drive
Citrus Heights, CA 95621
Attention: City Clerk
S

UBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CITRUS HEIGHTS, A MUNICIPAL CORPORATION AND CITRUS PLACE 8, LLC,

1. Incorporation of Recitals. The foregoing recitals are true and correct, and incorporated herein by reference.

Attachment 3
2 2. Performance of Work. Subdivider agrees to furnish, construct and install at Subdivider’s own expense the Required Improvements as shown on the plans and specifications of the Subdivision titled, “Citrus Place Subdivision” prepared by RICK Engineering, a copy of which is on file in the office of the City Manager, and is incorporated herein by reference, along with any changes or modifications as may be required by City Manager or the City Manager’s designee (hereinafter “City Manager”) due to errors, omissions, or changes in conditions. The plans and specifications of the Required Improvements may be modified by the Subdivider as the development progresses, subject to the prior written approval of City Manager. The total estimated cost of the Required Improvements as determined by the City Manager is four hundred eighty thousand dollars ($480,000.00).

4. Injury to Public Improvements, Public Property or Public Utilities Facilities.

If the City Manager or designated representative determines that the work has been completed in accordance with this Agreement, the City Manager shall certify the completion of the Required Improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and City standards. Subdivider shall bear all costs of plan check, inspection(s) and certification.

7. Superintendence by Subdivider. Subdivider shall require each contractor and subcontractor to have a competent project manager on the job at all times when that contractor or subcontractor, or any employee or agent thereof, is performing work on the Required 3 Improvements. In addition, Subdivider shall maintain an office with a telephone and Subdivider or a person authorized to make decisions and to act for Subdivider in Subdivider’s absence shall be available on the job site within three (3) hours of being called at such office by City during the hours of 9:00 A.M. through 5:00 P.M., Monday through Friday, or any other day or time when work is being performed on the Required Improvements.

10. Utility Undergrounding and Relocation Costs. Subdivider shall assume all costs for utility and cable television undergrounding and/or relocation which are not the responsibility of the cable television, gas, electric, telephone, or other utility company under the terms of the franchises with City or otherwise imposed upon the utility companies by law. 4 11. Improvement Security. Concurrently with the execution of this Agreement, Subdivider shall furnish to City security to ensure the faithful performance of all duties and obligations of Subdivider herein contained. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City. City shall be the sole indemnitee named on any instrument required by this section. Proof of adequate bonding shall be furnished to City by April 22, 2022, and is a condition of approval of the Final Map and is an express term of this Agreement.
a. Faithful Performance Security. Subdivider shall maintain faithful performance security as set forth in the Citrus Heights Municipal Code Chapter 8, Article XII, Chapter 22.80 to secure faithful performance of this Agreement (“Faithful Security”). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Manager.
b. Payment Security. Subdivider shall maintain payment security as set forth in the Citrus Heights Municipal Code Article XII Chapter 22.80 to secure payment to its contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them for the work (“Payment Security”). This security shall be in the amount of one hundred percent (100%) of the total estimated cost of the Required Improvements, as determined by the City Manager.
c. Guarantee and Warranty Security. Subdivider shall maintain a guarantee and warranty security in the amount of ten percent (10%) of the total estimated cost of the Required Improvements, as determined by the City Manager, to guarantee and warrant the Required Improvements for a period of one year following their completion and acceptance, against any defective work or labor done, or defective materials furnished (“Guarantee Security”).
d. Monument Security. Subdivider shall maintain a monument security in the amount of one hundred percent (100%) of the total estimated cost of the installation of survey monuments in the Subdivision, as determined by the City Manager, which total cost is in the amount of One Thousand Five Hundred Dollars ($1,500.00), to guarantee and secure the placement of such monuments (“Monument Security”).
e. Bond security requirements. Any bonds submitted as security pursuant to this section shall be executed by a surety company authorized to transact a surety business in the State of California. These bonds shall be furnished on the forms enclosed following this Agreement or as approved by the City Attorney in writing. The bonds must also receive City approval. The bonds shall be obtained from a responsible corporate surety (or sureties) acceptable to City; the surety must be licensed by the State of California to act as surety upon bonds and undertakings and maintains in this State at least one office of business. The premiums for the bonds shall be paid by Subdivider.
6 f. All securities requirements.
i. No change, alteration, or addition to the terms of this Agreement or the plans and specifications incorporated herein shall in any manner affect the obligation of the sureties, except as otherwise provided by the Subdivision Map Act. ii. The securities shall be irrevocable, shall not be limited as to time (except as to the one-year guarantee and warranty period) and shall provide that they may be released, in whole or part, only upon the written approval of the City Manager and as provided in Section 12. All securities provided pursuant to this Agreement shall expressly obligate the surety for any extension of time authorized by City for Subdivider’s completion of the Required Improvements, whether or not the surety is given written notice of such an extension by City. iii. The Attorney-in-Fact (resident agent) who executes the securities on behalf of the surety company must attach a copy of his/her Power of Attorney as evidence of his/her authority. A notary shall acknowledge the Power of Attorney as of the date of the execution of the surety bond that it covers.

14. Defense, Indemnification and Hold Harmless. Subdivider shall defend, indemnify, and hold harmless City, its officers, officials, employees, agents, and volunteers from any and all 7 claims, losses, damages, including property damage, personal injury, including death, costs, including attorneys’ fees, and liability of any kind or nature directly or indirectly arising out of or in any way connected with performance under this Agreement and/or the construction of the Required Improvements by the Subdivider, contractor or any subcontractor, or of any person directly or indirectly employed by, or acting as agent for the Subdivider, contractor or any subcontractor, except those matters arising from the sole or willful negligence of City.

The parties intend that this provision shall be broadly construed to effectuate its purpose.

15. Environmental Warranty.
a. Warranties. Prior to City’s acceptance of dedications or improvements, Subdivider shall certify and warrant that:
i. The Subdevelopment and Subdivider are not in violation of any environmental law, and neither are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law;
ii. Subdivider nor any third party, will not use, generate, manufacture, produce, or release, on, or under the Subdevelopment, any hazardous substance, except in compliance with all applicable environmental laws; and
iii. Subdivider has not caused or permitted the release of and has no knowledge of the release or presence of, hazardous substance(s) on the Subdevelopment or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the Subdevelopment.
b. Notice. Subdivider shall give prompt written notice to City at the address set forth herein of:
i. Any proceeding or investigation by federal, state or local governmental authority with respect to the presence of any hazardous substance on the Subdevelopment or the migration thereof from or to any other property adjacent to, or in the vicinity of, the Subdevelopment;
ii. Any claims made or threatened by any third party against City or the Subdevelopment, relating to loss or injury resulting from any hazardous substance; and 8 iii. Subdivider’s discovery of an occurrence or condition on property adjoining or in the vicinity of the Subdevelopment that could cause the Subdevelopment to be subject to restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability, or lawsuit under any environmental law. c. As used in this Agreement, the term “hazardous substance” includes any hazardous or toxic substance or material or waste, including but not limited to all types of gasoline, oil, and other petroleum hydrocarbons, asbestos, radon, polychlorinated biphenols (PCBs), or any other chemical, material, controlled substance, object, condition, waste, living organism or any combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful properties of effects..

16. Subdivider’s Pollution Liability Insurance
a. Subdivider, at its sole cost and expense shall maintain for the duration of this Agreement, pollution liability insurance of at least $3,000,000 per pollution incident and $3,000,000 Aggregate;
b. Coverage must apply to pollution incidents at or from any location at which Contractor is performing work under this agreement. c. Prior written consent is required if the insurance has a deductible or self- insured retention in excess of $50,000.
d. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the date of commencement of construction of the Required Improvements. e. The insurance must be maintained for five (5) years after the Required Improvements are accepted by the City Council. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by renewal of the existing policy; an extended reporting period endorsement; or replacement insurance with a retroactive date no later than the commencement of the work.
f. No cancellation or material change may be made to the insurance without written approval of City, and City must be given thirty (30) days' prior written notice of any proposed material change or cancellation.
g. If Subdivider fails to obtain or maintain pollution liability insurance as required by this section, City at its sole option, may obtain pollution liability insurance.

Subdivider shall be responsible for City’s costs of obtaining such insurance.

17. Subdivider’s Insurance.
a. Insurance. Subdivider shall maintain in force at all times during the duration and performance of this Agreement, the policies of insurance specified in this section.

Such insurance must have the written approval of City as to limit, form, and amount, and shall be 9 placed with insurers with an A.M. Best rating of no less than A: VII. All coverage available to the Contractor as named insured shall be made available to the City, its officers, employees and volunteers as additional insured.
b. Evidence of Insurance. Prior to the commencement of any work, the Subdivider shall furnish to City, and City must approve, original certificates of insurance and endorsements effecting coverage for all policies required by the Agreement. Subdivider shall not allow any contractor or subcontractor to commence work until similar insurance is obtained by such contractor(s) or subcontractor(s) and approved by City. Certificates shall be signed by a person authorized by the insurer, or insurers, to bind coverage on their behalf. Certificate of insurance and endorsements shall be on standard Acord, Department of Insurance, or Insurance Services Office approved forms, or on forms approved by City. As an alternative to providing City with approved forms of certificates of insurance and endorsements, the Subdivider may provide complete, certified copies of all required insurance policies, including endorsements, effecting the coverage required by this section.
c. No Suspension of Insurance. Each insurance policy required by this Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or terminated without providing City with thirty (30) days prior written notice. d. Deductibles. Any deductibles, or self-insured retentions, exceeding five thousand dollars ($5,000) must be declared to, and approved by, City. Upon request by City, Subdivider shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
e. Coverages Shall Not Limit Obligations. The requirement as to types, limits, and City’s written approval of insurance coverage to be maintained by Subdivider are not intended to, and shall not in any manner, limit or qualify the liabilities and obligations assumed by Subdivider under the Agreement.
f. Material Element. The maintenance of insurance as required by this section is a material element of the Agreement. The failure of Subdivider, its contractor(s) or subcontractor(s) to maintain or renew insurance coverage, or to provide evidence of renewal shall be a material breach of this Agreement.
(1) Workers’ Compensation Insurance. Subdivider shall maintain, during the term of this Agreement, Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Subdivider in the amount required by applicable law. Employer’s Liability limits shall not be less than one million dollars ($1,000,000) per occurrence. The Subdivider shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. The insurer shall agree to waive all rights of subrogation against City, its officers, officials, employees, agents, and volunteers for losses arising from work falling within the terms of this Agreement.

19. Title to Required Improvements. City shall not accept any real property to be dedicated or the Required Improvements unless they are constructed in conformity with the approved plans and specifications, approved modifications, if any, the approved final map, and City Improvement Standards and Specifications, to the satisfaction of the City Manager. Until such time as the Required Improvements are accepted by City, Subdivider shall retain title and shall be responsible for, and bear the risk of loss to, any of the improvements constructed or installed.
11 Title to and ownership of any real property to be dedicated and the Required Improvements constructed under this Agreement by Subdivider shall vest absolutely in City upon completion and acceptance in writing of such Required Improvements by City. City shall not accept the Required Improvements unless title to the Required Improvements is entirely free from lien(s). Prior to acceptance, Subdivider shall supply City with appropriate lien releases, at no cost to and in a form acceptable to City.

22. Notice of Breach and Default. The following shall constitute a default under this Agreement: If Subdivider refuses or fails to perform the work on the Required Improvements, or any part thereof, with such diligence as will ensure its completion within the time specified in this Agreement, or any extension thereof, or fails to complete the Required Improvements within such time; if Subdivider should be adjudged bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider’s creditors, or if a receiver should be appointed in the event of Subdivider’s insolvency; or if Subdivider or any of Subdivider’s contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement. In the event of Subdivider’s default, Subdivider shall be deemed to be in breach of this Agreement and City may serve written notice upon Subdivider and Subdivider’s surety, if any, of the breach of this Agreement. Subdivider shall have fifteen (15) days from receipt of written notice by City to cure any default.
a. City reserves all remedies available at law or in equity, for breach of Subdivider’s obligations under this Agreement. City shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate City damages in event of default by Subdivider. The right of City to draw upon or utilize the security is additional to, and not in lieu of, any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Required Improvements and therefore, City’s damages for Subdivider’s default shall be measured by the cost of completing the Required Improvements. The sums provided by the Improvement Security may be used by City for the completion of the Required Improvements in accordance with the improvement plans and specifications contained herein. The Improvement Security 12 includes the Payment Security, Faithful Performance Security, guarantee and Warranty Security, Monument Security and any other improvement security required by Section 11 of this Agreement.
b. In the event of Subdivider’s default under this Agreement, Subdivider authorizes City to perform Subdivider’s obligations under this Agreement, after twenty (20) days from City’s written notice of default to Subdivider and Subdivider’s Surety. Subdivider agrees to pay the entire cost of such performance by City. City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider’s Surety shall be liable to City for any excess cost or damages; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for performance of the work.
c. Failure of Subdivider to comply with the terms of this Agreement shall constitute Subdivider’s consent to the filing by City of a “notice of violation” against all the lots in the Subdivision, or to rescind the written approval of the Subdivision or otherwise revert the Subdivision to acreage. The remedy provided by this section is in addition to, and not in lieu of, other remedies available to City. Subdivider agrees that the choice of remedy or remedies for Subdivider’s breach shall be at the discretion of City. d. If Subdivider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys’ fees. e. The failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or subsequent default or breach of Subdivider.

23. Building Permit Sign-Off or Issuance of Certificate of Occupancy. Until City accepts the Required Improvements, City will not finalize or sign off as complete any building permit or issue any certificate of occupancy for the Subdivision. 13 24. Notices. All notices required under this Agreement shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid.

Notices to City shall be addressed as follows:

CITY OF CITRUS HEIGHTS
Attn: Ashley Feeney, City Manager
6360 Fountain Square Drive
Citrus Heights, CA 95621

Notices to Subdivider shall be addressed as follows:

Citrus Place 8, LLC
Care of Cameron Tea, Director of Construction & Development

CEC LLC
4465 Granite Drive, #700
Rocklin, CA 95677

Any party may change such address by notice in writing to the other party, and thereafter written notices shall be addressed and transmitted to the new address.

30. No Vesting of Rights. Entering into this Agreement shall not be construed to vest Subdivider’s rights with respect to any change in any zoning or building law or ordinance.

31. Approvals by City. Any approval or consent that is to be given by City under this Agreement shall be in writing, and any approval or consent that is not in writing shall not be binding on City.

33. Successors and Assigns -- Covenant Running With the Land. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties.

The law governing this Agreement is the law of the State of California.

36. Integration. This Agreement is an integrated agreement. It supersedes all prior negotiations, representations, or agreements, either written or oral.

15 IN WITNESS WHEREOF, the parties have executed this Agreement as follows:

CITY OF CITRUS HEIGHTS
a municipal corporation

By:

Ashley Feeney, City Manager

SUBDIVIDER
CITRUS PLACE 8, LLC
a Utah limited liability company

By:

Print Name:

Print Title:

ATTEST:

Amy Van, City Clerk
By:

Print Name:

Print Title:

APPROVED AS TO FORM:

Ryan R. Jones, City Attorney

16 ACKNOWLEDGMENT

STATE OF CALIFORNIA )
) ss.

COUNTY OF SACRAMENTO )

I certify under PENALTY OF PERJURY under the laws of the Stat of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

NOTARY PUBLIC

17 FAITHFUL PERFORMANCE BOND
WHEREAS, the City Council of the City of Citrus Heights, State of California, and Citrus Place 8 LLC, a Utah limited liability company (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified as the Citrus Place Subdivision, “Project”, is hereby referred to and made a part hereof; and
WHEREAS, pursuant to California Government Code Section 66499.3 and Citrus Heights Municipal Code Chapter 8, Article XII Chapter 22.80, Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

18 IN WITNESS WHEREOF, this faithful performance bond has been duly executed by the Principal and Surety above named, on ______________, 2022.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company
Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

19 PAYMENT BOND
WHEREAS, the City Council of the City of Citrus Heights, State of California, and Citrus Place 8 LLC, a Utah limited liability company (hereinafter designated as “Principal”) have entered into an agreement whereby Principal agrees to install and complete certain designated public improvements, which said agreement identified as the Citrus Place Subdivision,“Project”, is hereby referred to and made a part hereof; and
WHEREAS, pursuant to California Government Code Section 66499 and Citrus Heights Municipal Code Article XII Chapter 22.80, Principal is required, before entering upon the performance of the Project, to file a payment bond with and have such bond approved by the officer or public entity by whom the Project is awarded; and WHEREAS, such payment bond must be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the Project, and must satisfy the other requirements specified in that section; and
WHEREAS, the Principal is required in accordance with the Project to furnish a payment bond in connection with the Project to secure payment of claims of laborers, mechanics and materialmen employed on work under the Project in accordance with applicable law;

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

20 IN WITNESS WHEREOF, this payment bond has been duly executed by the Principal and Surety above named, on ______________, 2022.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company
Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

21 BOND FOR SECURITY OF INSTALLATION OF MONUMENTS

The condition of this obligation is such that if the above bounded Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the installation of monuments pursuant to the said agreement and any alteration thereof made as therein provided, on their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

22 IN WITNESS WHEREOF, this monument bond has been duly executed by the Principal and Surety above named, on _____________________, 2022
.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company
Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

23 SUBDIVISION MAINTENANCE BOND

GUARANTEE AND WARRANTY SECURITY

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The Surety waives all rights of subrogation against City or any person employed by City.

24 IN WITNESS WHEREOF, this subdivision maintenance bond guarantee and warranty security has been duly executed by the Principal and Surety above named, on_____________, 2022.

SURETY PRINCIPAL
Citrus Place 8 LLC
a Utah limited liability company

Name of Surety
By:_________________________________
Print Name:

By: _________________________________ Print Title: Property Owner Attorney in Fact

NOTE: If Principal is a partnership, all partners should execute the bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in California.

MANDATORY: The Surety shall be authorized and licensed by the California Insurance Commissioner as an “admitted surety insurer.” APPROVAL: Bonds must be approved by City.

2946011.1

Citrus Heights City Council MeetingsApril 14, 2022

Citrus Heights City Council Meetings
April 14, 2022