Agenda packet, regular meeting, second session — Citrus Heights City Council Meetings, September 11, 2024 (part 2 of 2)

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$8,000 – office relocation support

The third part of the request is funding of $8,000 to assist with office relocation. Currently, the Chamber of Commerce office is located at 7625 Sunrise Blvd on the city's northern edge. The Chamber plans to move to a more prominent and accessible location in the Sunrise MarketPlace.

According to the application, the office move is strategic: “To better serve our community, we plan to relocate the Chamber office to a more prominent and accessible location. This move is essential for enhancing our presence and making it easier for entrepreneurs and business owners to access our services. The new location will offer improved visibility, increased foot traffic, and a more inviting space for meetings and events.”

The sponsorship meets the Economic Development Support Fund's goals, including improving the city's perception as business-friendly and promoting commercial areas of Citrus Heights. By supporting the Chamber of Commerce with an annual membership and hosting monthly luncheons, the City is ensuring local businesses have a place to connect, generate referrals and new business, and be active in the community.

Economic Development staff reviewed the application for completeness per the program funding criteria. The application was then reviewed by the City Council Quality of Life Committee, which recommended that the application for $25,000 be forwarded to the City Council for consideration.

Staff and the City Council Quality of Life Committee recommend the City Council approve Resolution No. 2024____, A Resolution of the City Council of the City of Citrus Heights, approving a $25,000 economic development grant for the Citrus Heights Chamber of Commerce from the Economic Development Support Fund.

City Council Strategic Goal/Objective

This staff report aligns with the following Citrus Heights City Council Strategic Plan Objectives:

Goal: Diversify for a vibrant economy

Fiscal Impact

In return for the Chairman’s Circle sponsorship, the City will receive the following:

Monthly Luncheons - 4 seats per month

Luncheon Sponsorship (City Manager
Presentation) - June
5 minutes at the microphone
Placement of brochures at each table setting
Lunch for 2 additional seats (speaker’s meal
complimentary)
A display table to display brochures and flyers
Event Sponsorship
Community Awards Dinner – 1 Table of 8
Rotating Logo link on Website
16x20 Diamond Sponsor Plaque on the Chamber
Wall
Listing as Diamond Sponsor on all PPTs
Diamond Level Tile on all e-blasts with logo link
Newsletter – Logo with Link on all newsletters
Four Feature articles in the Newsletter
12+ Social Media postings.

ITEM 12
Agenda Packet Page 143
Subject: Economic Development Support Fund grant request by the Citrus Heights Chamber of Commerce Date: September 11, 2024

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Name and logo on the luncheon flyer and eblasts
as a sponsor

Luncheon Sponsorship (Chief Presentation) –
September
5 minutes at the microphone
Placement of brochures at each table setting
Lunch for 2 additional seats (speaker’s meal
complimentary)
A display table to display brochures and flyers
Name and logo on the luncheon flyer and eblasts
as a sponsor
Total possible impressions = 148,200

The fiscal impact of request approval is $25,000 from the Economic Development & Community Engagement grant funds.

Background and Analysis

The City created the Economic Development Support Fund Part I and II to improve economic development in the City by providing funding for special events, marketing activities, sign and design assistance, and other related activities that provide a public benefit to the City. Part I of the program is available to business associations, individual businesses, and economic development-related organizations or efforts that meet the program goals for event sponsorships, grants for marketing and promotions, studies to further economic development, and other economic development-related activities that promote program goals.

For reference, the Economic Development Part II program offers design assistance and sign improvement grant resources for commercial properties.

To be considered for the Economic Development Support Fund Part I, interested parties submit an application along with any supporting documentation as appropriate. Upon receipt, staff reviews the application per the following funding criteria:

1. Program Goals: Meet one or more of the program goals.

2. Targeted Areas: Applications are not limited to specific geographical areas in the City, but applications benefiting Antelope Crossing, Auburn Boulevard Specific Plan Area, former Redevelopment Area, or the Sunrise MarketPlace are emphasized.

3. Projected Outcome: Each application must describe the expected outcome of the project, program or event (e.g., expect 1,000 attendees; increased awareness of area/city; expand trade zone).

4. Leveraging Investment: Funding from the City cannot be the sole funding source.

Favorable applications will demonstrate how funds effectively leverage public or private investment (i.e., grant match).

5. Sustainability: Ability of the association, business, or group to carry out the described program, project or event over time without continuous financial support from the City.

6. Public Benefit: Description of how the proposed program, project, or event is a benefit to the city/community.

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Agenda Packet Page 144
Subject: Economic Development Support Fund grant request by the Citrus Heights Chamber of Commerce Date: September 11, 2024

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The Citrus Heights Chamber of Commerce applied for a $25,000.00 Economic Development Support Grant Part I on December 11, 2023. Staff has determined that the application adequately meets the program funding criteria. Please refer to Attachment 2 for a copy of the funding application.

The Quality of Life Committee reviewed and recommended the funding request for approval.

The City of Citrus Heights and the Citrus Heights Chamber of Commerce have benefited from a productive partnership over the past several years. The Chamber has supported and promoted Ccity programs, as well as worked on projects through its overall mission, the Community Affairs Committee, and collaborative work with business associations and groups.

Attachments

(1) Resolution No. 2024-__: A Resolution of the City Council of the City of Citrus Heights, Approving a $25,000 Grant to the Citrus Heights Chamber of Commerce from the Economic Development Support Fund – Part I

(2) Citrus Heights Chamber of Commerce Economic Development Support Fund Application

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Attachment 1
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RESOLUTION NO. 2024- ___
A RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPROVING A $25,000 GRANT TO THE CITRUS HEIGHTS CHAMBER OF

COMMERCE FROM THE ECONOMIC DEVELOPMENT SUPPORT FUND
WH
EREAS, the City of Citrus Heights has a Strategic Goal to “Diversify for a vibrant economy”;
WH
EREAS, the City of Citrus Heights offers the Economic Development Support Program to provide funding for special events, marketing activities, or other economic development-related activities that provide a public benefit to the city;
WH
EREAS, the Citrus Heights Chamber of Commerce has submitted an application for $25,000 to the Economic Development Support Fund; and
WH
EREAS, the Quality of Life Committee reviewed the application and recommended to the City Council that the application be approved in the amount of $25,000; NOW
THEREFORE BE IT RESOLVED AND ORDERED that the City of Citrus Heights does hereby approve a grant in the amount of $25,000 for the Citrus Heights Chamber of Commerce from the Economic Development Support Fund.

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

PAS
SED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 11th day of September 2024 by the following vote, to wit:

AYES
: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:
____________________, Mayor
ATTEST:

Amy Van, City Clerk
ITEM 12
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Grant Proposal for the Citrus Heights Chamber of
Commerce

1. Executive Summary
The Citrus Heights Chamber of Commerce seeks a grant of $25,000 from the City of Citrus Heights Economic Development Support Program. This grant will support our "Citrus Heights Business Boost Initiative," which aims to increase the job base, attract new shoppers, expand our local presence, and enhance the overall economic environment of the city. We plan to relocate our office to a more central and accessible location, enhancing our visibility and accessibility to entrepreneurs and business owners.

2. Organization Background
The Citrus Heights Chamber of Commerce has been a pillar in the community since 1958. We have a longstanding history of promoting business growth, facilitating networking opportunities, and advocating for the interests of our members. Our mission is to foster a vibrant and prosperous business community in Citrus Heights as well as promoting shopping locally to increase the city’s tax dollars.

3. Project Description
Citrus Heights Business Boost Initiative

The initiative includes a series of targeted marketing campaigns, special events, and community engagement activities aimed at driving economic growth. Key components of the project include:

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Marketing and Promotions: Develop and implement a comprehensive marketing campaign to promote Citrus Heights as a premier business destination.

Special Events: Organize events such as business expos, job fairs, and community events to attract visitors and potential investors.

Business Education Initiative
We are pleased to announce the launch of new programs and events designed to help businesses leverage the enhanced benefits provided through our innovative online platform.

Participating businesses will have the opportunity to:
• Post Specials and Discounts: Advertise current promotions directly to the community.
• Promote Job Listings: Utilize our Community Job Board to attract qualified candidates.
• Enhance Directory Listings: Create comprehensive listings that include logos, photos, videos, and relevant keywords.
• Add Events to the Chamber Calendar: Ensure greater visibility for their events by featuring them on the Chamber Events Calendar available on our website.

These features are designed to maximize exposure and engagement for our business members, helping them to thrive in today's competitive market.
.

Office Relocation

To better serve our community, we plan to relocate the Chamber office to a more prominent and accessible location. This move is essential for enhancing our presence and making it easier for entrepreneurs and business ITEM 12
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owners to access our services. The new location will offer improved visibility, increased foot traffic, and a more inviting space for meetings and events.

#### 4. Goals and Objectives
The primary goals of the Citrus Heights Business Boost Initiative and Office Relocation are to:

- **Increase Job Base**: Facilitate job creation through business attraction and expansion.
- **Expand Trade Zone**: Attract new shoppers and businesses to Citrus Heights.
- **Enhance Commercial Areas**: Improve the look and feel of our commercial districts to attract more visitors and investors. - **Promote Citrus Heights**: Position the city as a business-friendly and vibrant community through targeted marketing efforts.
- **Improve Accessibility**: Relocate the Chamber office to a central location to better serve entrepreneurs and business owners.

#### 5. Project Timeline
- **Phase 1: Planning and Development (Month 1-2)**:
- Develop marketing materials and event plans.
- Secure necessary permits and approvals.
- Identify and lease the new office location.
- **Phase 2: Implementation (Month 3-8)**:
- Launch marketing campaign.
- Host initial events and track participation.
- Move to the new office location and set up the space. - **Phase 3: Evaluation and Reporting (Month 9-12)**:

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- Assess the impact of the initiative and the new office location. - Compile a report detailing the outcomes and future recommendations.

#### 6. Budget
The total budget for the Citrus Heights Business Boost Initiative and Office Relocation is $75,000. The grant will cover 33% of the project cost, with the remaining funds sourced from Chamber reserves and sponsorships. The budget allocation is as follows:

- Marketing and Promotions: $15,000
- Special Events: $20,000
- Commercial Area Enhancement: $10,000
- Office Relocation: $25,000
- Lease and Utilities: $15,000
- Office Setup and Furnishings: $10,000
- Administrative Costs: $5,000

#### 7. Evaluation
We will measure the success of the initiative and the office relocation through the following metrics:

- **Increase in business licenses issued**.
- **Growth in attendance at special events**.
- **Increase in traffic and sales in targeted commercial areas**. - **Positive feedback from community and business surveys**. - **Increased foot traffic and engagement at the new Chamber office location**.

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#### 8. Conclusion
The Citrus Heights Chamber of Commerce is committed to driving economic growth and enhancing the business environment in our city. The Citrus Heights Business Boost Initiative and the relocation of our office align perfectly with the goals of the Economic Development Support Program. We respectfully request a grant of $25,000 to help us realize this vision and make a significant impact on our community.

For further information, please contact [Your Name], Executive Director, at [Your Email] or [Your Phone Number].

Thank you for considering our proposal.

Sincerely,

[Your Name]
Executive Director
Citrus Heights Chamber of Commerce

**Grant Proposal for the Citrus Heights Chamber of Commerce**

---

**Part One – General Information**

**Organization Name:** Citrus Heights Chamber of Commerce **Project Name:** Office Relocation Support
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**Address:** 7625 Sunrise Blvd., Suite 207, Citrus Heights, CA 95610 **Phone:** 916-722-4545

**Mailing Address:** PO Box 191, Citrus Heights, CA 95611 **Website:** [chchamber.com](http://chchamber.com)

**Contact Person:** Diane Ebbitt, Executive Director
**Phone:** 916-722-4545
**Email:** [email protected]

**Amount of Funding Requested:** $20,000

---

**Part Two – Project Specifics**

The Citrus Heights Chamber of Commerce is seeking funding to support the relocation of our office to a more visible and accessible location within Citrus Heights. This move will increase our operational costs due to higher rent and utility expenses. The new location is strategically chosen to enhance our presence and accessibility, which in turn will contribute significantly to the local business community.

**Program Purpose:**

This project aligns with several key objectives of the Economic Development Support Program:

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- **Increase Job Base:** The Chamber’s enhanced visibility and accessibility will facilitate greater interaction with local businesses, aiding in their growth and expansion, which will ultimately increase job opportunities within the community.

- **Increase Tax Base:** By supporting local businesses through our various programs and activities, the Chamber indirectly contributes to increasing the tax base. A more vibrant business environment attracts new businesses and retains existing ones, fostering economic growth.

- **Promote/Market Specific Commercial Areas:** The Chamber's new location will serve as a hub for business activities and events, promoting Citrus Heights' commercial areas and making them more attractive to shoppers and investors.

- **Create or Enhance a Sense of Place:** Relocating to a prominent and accessible location will enhance the Chamber's ability to contribute to the community's sense of place. We will continue to work with local businesses and organizations to improve the city's aesthetics and overall business environment.

- **Improve Perception and Promote the City as Business-Friendly:** A centrally located office will make it easier for businesses to engage with the Chamber, reinforcing the perception of Citrus Heights as a supportive and business-friendly city.

**Projected Outcome / Benefit:**

Relocating the Chamber’s office will:

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- **Enhance Business Support:** A more visible location will increase walk-in consultations and support for local businesses.
- **Improve Engagement:** Greater accessibility will facilitate more frequent and effective engagement with the business community, leading to stronger partnerships and collaborative initiatives.
- **Boost Economic Activity:** By promoting and supporting local businesses more effectively, we anticipate a positive impact on economic activity within Citrus Heights.

We will maintain accurate records of interactions and support provided to businesses from the new location and will report these metrics regularly to demonstrate the project's impact.

**Leveraging of Funds:**

The total project cost for the relocation is estimated at $30,000. We are requesting $20,000 from the City’s Economic Development Support Fund. The remaining $10,000 will be covered by the Chamber’s operational budget, which includes revenue from membership dues, event sponsorships, and other fundraising activities.

**Sustainability:**

The Chamber is committed to financial sustainability. We continually seek new corporate sponsorships and funding opportunities to support our operations and special events. Our relocation will enable us to expand our services and generate additional revenue streams, further ensuring our long- term sustainability.

**Schedule:**

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We are requesting funds within the next month to secure the new office space and cover the initial increased costs. The relocation is planned to be completed within the next three months, with full operational capacity expected by the start of the next fiscal quarter.

By signing this document, I certify that the funds will be used solely for the purpose outlined in this application.

---

**Signature**

**Date:**

*If approved, the applicant will provide a summary report within 30 days after the completion of the project.*

---

This proposal outlines our commitment to supporting the economic development of Citrus Heights through strategic relocation, enhancing our service delivery to the business community, and contributing to the overall economic vitality of the city.

ITEM 12
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Grant Proposal for the Citrus Heights Chamber of Commerce

Budget
The Citrus Heights Chamber of Commerce requests a grant of $25,000 and operates on an annual budget of about $220,000. Business Boost Initiative and Office Relocation is $75,000. The grant will cover 33% of the project cost, with the remaining funds sourced from Chamber reserves and sponsorships. We are proposing the following allocation:

Diamond Chairman Circle Sponsorship: $10,000
• Logo with link on Chamber website recognized as Diamond level • Community Awards Dinner – Presenting Sponsorship
• Best of Citrus Heights – SuperStar Sponsorship
• Two Access Citrus Heights Luncheon Sponsorships with 3 mins to speak • 4 Tickets to each Access Citrus Heights Luncheon
• Logo recognition on all luncheon presentations
• Logo with link on all newsletters
• Highlighted monthly in our newsletters
• Logo with link on all eblasts
• 12 social posts
• Six tickets to Elected Officials Reception
• 4 featured articles in weekly newsletter
• Lobby advertising recognition
Community Center Rental: $7.000
Office Relocation: $8,000
Evaluation
We will measure the success of the initiative and the office relocation through the following metrics:

Increase in business licenses issued.

Growth in attendance at special events.

Growth in attendance at business events.

Growth in ribbon cuttings.

Increase in traffic and sales in targeted commercial areas.

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Positive feedback from community and business surveys.

Increased foot traffic and engagement at the new Chamber office location.

Conclusion
The Citrus Heights Chamber of Commerce is committed to driving economic growth and enhancing the business environment in our city. The Citrus Heights Business Boost Initiative and the relocation of our office align perfectly with the goals of the Economic Development Support Program. We respectfully request a grant of $25,000 to help us realize this vision and make a signiﬁcant impact on our community.

For further information, please contact Sheri Merrick, Executive Director for the Citrus Heights Chamber of Commerce.

Sincerely,

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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: September 11, 2024
TO: M
ayor and City Council Members
FR
OM: Kris Frey, Commander
Wesley Herman, Lieutenant
Ryan Jones, City Attorney
SU
BJECT: Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508
Summary and Recommendation
On A
ugust 28, 2024, the City Council introduced, read by title only and waived the first full reading of an Ordinance amending Citrus Heights Municipal Code Chapter 50 – Nuisances, Article III.- Camping, Sections 50-500 to 50-508.

Dur
ing the meeting, Council made a motion to amend Section 50- 501 “Definitions” of the ordinance, which would allow an exception for a person to sleep in a passenger vehicle. The amended ordinance is included as Attachment 1 and staff will present the research findings and seek specific direction on ordinance amendment language as directed by Council.

The
City Council now has the following options for consideration:

1. Conduc
t the second reading and adopt Ordinance No. 2024- ___ amending Citrus Heights Municipal Code Chapter 50 – Nuisances, Article III. - Camping, Sections 50- 500 to 50- 508. If Council passes this motion the ordinance would become effective 30 days thereafter; or

2. Di
scuss the proposed ordinance and if the City Council makes any substantive changes to the ordinance, conduct another first reading of Ordinance No. 2024-___ amending Citrus Heights Municipal Code Chapter 50 – Nuisances, Article III.- Camping, Sections 50-500 to 50-508. If Council passes this motion, the proposed ordinance will be scheduled for a second reading and adoption at the Council meeting on September 25, 2024, with an effective date 30 days thereafter.

Fol
lowing the discussion from the pr evious Council meeting, staff conducted further research to ensure clarity and consistency in our approach. While the intent to carve out an exception for ITEM 13
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Subject: Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508 Date: September 11, 2024

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2 passenger vehicles is understandable, it's important to note that under the California Vehicle Code, the definition of 'passenger vehicles' includes motorhomes, RVs, and potentially buses, vans, and trucks with campers based on certain criteria. This could create public confusion, as it differs from how neighboring jurisdictions enforce no camping in vehicles. Aligning with regional standards would help ensure consistent enforcement and clear public understanding.

However, if it remains the Council’s decision to implement the ordinance as previously voted on, staff will ensure that its rollout is as clear as possible and that it is as straight forward as possible for officers to interpret and enforce in an effort to minimize confusion.

City Council Strategic Goal/Objective

This staff report aligns with the following Citrus Heights City Council Strategic Plan Objectives:

Goal: Preserve and enhance public safety

Objective: Present ordinance options to the City Council that require property owners to provide written permission to individuals that are on private properties for non- commercial activities, individuals without written permission would be subject to a citation.

Fiscal Impact

This action has no direct fiscal impact to the General Fund. However, it is expected to have a positive fiscal impact to the General Fund by the reduction in cleanup and enforcement costs by the City’s Beautification Crew and contract forces.

Background and Analysis

Over the past two years, significant progress has been made toward the Citrus Heights community's priority of improving community image, particularly through strategic goals and objectives focused on blight abatement and homelessness response and prevention. The City of Citrus Heights is dedicated to compassionately supporting unsheltered individuals and families while upholding our steadfast commitment to the health and safety of the entire community. The City's comprehensive approach combines supportive programming with law enforcement to maintain public safety. The City enforces laws related to illegal camping on public property, unlawful storage, dumping, and chronic nuisance offenses.

Unauthorized camping on private property remains a significant blight issue in the city. Over the past year, there has been a noticeable increase in the number of encampments on private land, which often lack essential services such as sanitation and waste disposal. These encampments have led to various public safety concerns, including an increase in drug use, property crimes, and other illicit activities that negatively impact the surrounding community.

Additionally, there has been a growing trend of individuals living in RVs, motorhomes, and trailers parked on private property without the owner's consent. This situation has resulted in ITEM 13
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Subject: Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508 Date: September 11, 2024

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3 neighborhood disturbances, safety concerns, and challenges for law enforcement in effectively protecting the rights of private property owners.

In response to these challenges, the City recognizes the need to amend its existing camping ordinance. The proposed changes aim to address these issues by implementing more stringent regulations on camping on private property, thereby protecting the community's overall quality of life and ensuring the safety and well-being of all residents.

In an effort to address unlawful camping within the City , and in light of the recent United States Supreme Court decision in Grants Pass v. Johnson (“Grants Pass”) that overturned Martin v.

Boise (“Martin”), a review and revision of the City’s existing camping ordinance is necessary.

Following the decision in Grants Pass, Governor Gavin Newsom issued Executive Order N-1-24 (“Order”) directing agencies and departments to adopt policies “generally consistent” with California Department of Transportation’s Maintenance Policy Directive 1001- R1 (“1001-R1”) and to “prioritize efforts” to address encampments consistent with said policy. The Order further stated that local governments are encouraged to adopt policies consistent with the Order. The proposed revisions are consistent with the sections of 1001- R1 pertaining to the handling and removal of personal property, while incorporating some of the health and safety considerations to the restrictions on camping on private property. The revised ordinance does not expressly adopt all of 1001-R1.

In order to expeditiously address the health and safety hazards and other issues related to unlawful camping specific to the City, the camping ordinance and the authorities therein require expansion and further clarification. The existing camping ordinance largely has not been updated since 2008, and warrants some revisions based on changed circumstances and updates in the law. Accordingly, the proposed revisions broaden the definition of “camping” to include the use of vehicles as defined by the California Vehicle Code, provide for enfor cement of the camping ordinance on private property, and distinguish the handling of abandoned and unabandoned personal propert y for purposes of the Fourteenth Amendment – as acknowledged as an area of concern in Grants Pass and other California cases involving the seizure and discarding of personal property within the unhoused population.

As it pertains to camping in vehicles, the existing ordinance is silent and did not contemplate the use of vehicles used for camping purposes. This proposed ordinance would squarely address camping in vehicles. As the use of vehicles and recreational vehicles within the unhoused community has greatly increased over the years since the Martin case, it is imperative that the camping ordinance be revised to address this growing trend. As such, the proposed revision expands the definition of what is considered “camping facilities” to include any vehicle, motor vehicle, or recreational vehicle, along with any other temporary shelter or movable structure used for human occupancy. Vehicular camping on private property without owner permission creates unsafe conditions, leaving behind debris, drug paraphernalia, and unsanitary waste. This situation burdens residents, property owners, and city services. Extended camping also leads to issues like power mismanagement, fire hazards, and excessive trash, posing public health risks. The proposed ordinance aims to enhance public safety and improve community image, aligning with approaches taken by other jurisdictions.

ITEM 13
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Subject: Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508 Date: September 11, 2024

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4 As it pertains to camping on private property, the existing ordinance is not specific as to duration of time and under what circumstances camping on private property is permitted . The proposed revisions address the ambiguities while establishing a standard of proof of authorization that gives law enforcement the investigative guidelines to swiftly address potential trespassers on private property. Furthermore, b y requiring proof of express written authorization by the “record owner(s),” the proposed revision makes it more efficient for law enforcement to verify the veracity of any claim that the owner gave consent or that the person(s) camping on the property is the owner by doing a simple title search.

Lastly, the existing ordinance does not distinguish between abandoned property and unabandoned property. The Court s in Grants Pass and other California cases related to seizure of personal property from homeless encampments recognize that unhoused persons have a Constitutionally protected right under the Fourth and Fourteenth Amendment to not have their personal property seized and summarily discarded. Review of the relevant case law and 1001-R1 provide guidance on how to distinguish between abandoned property and unabandoned property, and the factor - based analysis required to determine when property can be summarily discarded without running afoul of an individual’s C onstitutional rights. The proposed revision to the unlawful storage provision was drafted to be consistent with the case law reviewed and 1001-R1.

The City Council’s adoption of this ordinance is not a “project” pursuant to Public Resources Code Section 210065, the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000 et seq.) and State CEQA Guidelines (Section 1500 et seq., Title 14 of the California Code of Regulations), and is exempt from the provisions of CEQA pursuant to Guidelines Sections 1561(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) and 15321 (enforcement actions by regulatory agencies).

Attachments

(1) Ordinance of the City Council of the City of Citrus Heights Amending Citrus Heights Code Chapter 50 – Nuisances, Article III. – Camping, Sections 50-500 to 50-508.

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Printed on Recycled Paper
ORDINANCE NO. 2024-005

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS AMENDING CHAPTER 50, ARTICLE III OF THE CITRUS HEIGHTS MUNICIPAL

CODE RELATING TO CAMPING

The City Council of the City of Citrus Heights does ordain as follows:

The provisions of Chapter 50, Article III of the City of Citrus Heights Code are amended, as follows:

SECTION 1. Amendment. Section 50-500 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 50-500 Purpose. The purpose of this article is to maintain public and private property, whether paved or unpaved, within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community from the hazards associated with unpermitted or unauthorized camping, while recognizing that, subject to reasonable conditions, camping and camp facilities associated with special events can be beneficial to the cultural and educational climate in the city.

The public property, including but not limited to streets, sidewalks or walkways, within the city should be readily accessible, available and free from obstruction to all residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use these areas for which they were intended. Such activity can jeopardize the health, safety and welfare of others in such a way that adversely impacts neighborhoods, public and private property and general welfare of the city. Camping on private property without the express written consent of the record owner(s) and proper sanitary measures can adversely affect the rights of property owners as well as jeopardize the health, safety, and welfare of the community.

SECTION 2. Amendment. Section 50-501 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 50-501 Definitions. As used in this article, the following terms or phrases shall have the indicated meanings:
“Camp” means to pitch or occupy camp facilities; to use camp paraphernalia. “Camp facilities” include, but are not limited to, tents, huts, any vehicle, motorhome, recreational vehicle, vehicle camping trailers or outfits, or any other temporary shelter or movable structure used for human occupancy. “Camp paraphernalia” includes, but is not limited to, bed rolls, tarpaulins, cots, beds, sleeping bags, mattresses, hammocks, cooking facilities, or any other similar equipment that can be used to facilitate camping within the meaning of this article. “Personal property” as used in this article refers to all non-real property, including but not limited to camp facilities, camp paraphernalia, or any temporary, unpermitted temporary shelter or movable structure.

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“Vehicle” for purposes of this article shall be defined by Section 670 of the California Vehicle Code, with the exception that “passenger vehicles” which are legally registered, licensed and insured are exempt from the definition of “Vehicle.” A “passenger vehicle” is defined under California Vehicle Code 465 as any motor vehicle, other than a motortruck, truck tractor, or a bus (as defined in Section 233 of the California Vehicle Code) and used or maintained for the transportation of persons. The term “passenger vehicle” shall not include a “housecar” as defined in California Vehicle Code Section 362.

SECTION 3. Amendment. Section 50-502 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 50-502 Unlawful Camping. It shall be unlawful for any person to camp, pitch or occupy camp facilities or use camp paraphernalia in the city, whether on public or private property, whether paved or unpaved, except as expressly permitted or authorized by this article.

SECTION 4. Amendment. Section 50-503 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 50-503 Camping on public property.
(a) Except as may be permitted or authorized by the city, it is unlawful to camp, pitch or occupy camp facilities or use camp paraphernalia upon any public property, including, without limitation, streets, easements, parks, dump sites, creek beds, electric utility substations, parking lots, or corporation yards. No person shall set up any camping facility, or any other temporary shelter or movable structure for the purpose of camping, nor shall any person leave in any such place any movable structure or vehicle of any type to be used or that could be used for such a purpose.
(b) It is unlawful for any person to sleep in any camping facility, vehicle, motorhome, recreational vehicle, or vehicle camping trailers or outfits parked on the public street, alley way, or parking area, or any privately owned parking area used for the parking of customers of any business enterprise without the express written consent of the record owner of such business enterprise.
(c) Exceptions. This section shall not apply in the following situations:

1. On public property specifically designated by the city and clearly marked for public camping purposes.

2. In conjunction with events authorized and expressly provided for in a special event or temporary use permit issued by the city.

SECTION 6. Amendment. Section 50-504 of the Citrus Heights Code is hereby added to read as set forth below:

Sec. 50-504 Camping on private property.
(a) Except as otherwise provided in this section, it is unlawful to camp, pitch or occupy camping facilities upon private property within the city. No person shall set up any camping facility, or any other temporary shelter or movable structure for the purpose ITEM 13
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of camping, nor shall any person leave upon any private property any temporary structures, movable structures or vehicle, of any type, to be used or that could be used for such a purpose.

(b) Exceptions. This section shall not apply to persons camping, with sanitary conditions and proper waste disposal in compliance with applicable state and local laws, in the following situations:

1. Persons camping upon their own land or camping with the record owner(s) of the land, for not more than 72 consecutive hours in duration, and not to occur more than three times per calendar year.

2. Persons camping with the express written consent of the record owner(s) of the land, for not more than 72 consecutive hours in duration, and not to occur more than three times per calendar year, provided that such express written consent is in the persons possession at the time and is shown upon demand of any enforcement officer.

3. Persons lawfully camping within campgrounds or trailer parks approved by the city.

SECTION 7. Amendment. Section 50-505 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 50-505 Unlawful storage of personal property in public places. It shall be unlawful for any person to store or leave unattended personal property, including but not limited to camp facilities and camp paraphernalia on public property, unless such storage or unattended personal property is expressly authorized and is used in conjunction with a permitted camping activity or special event under this article. Unattended personal property with no clear owner(s), responsible person(s), or clue to ownership to said personal property can be summarily discarded if the City, having exercised reasonable diligence to determine ownership, objectively believes, based on the totality of the circumstances, the property to be abandoned or a threat to health and safety.

Unabandoned property may be seized by the City and stored consistent with City’s policies and procedures, if safe to do so.

SECTION 8. Amendment. Section 50-506 of the Citrus Heights Code is hereby amended to read as set forth below:

Sec. 50-506 Public nuisance declared. Any campsite established in violation of this article is declared to be a public nuisance, and the city is authorized to abate the nuisance and summarily remove all camp facilities, camp paraphernalia or any other personal property that pose any health and safety risk or danger, including but not limited to risk of fire, contributes to unsanitary conditions, or may result in contamination or obstruction of public property, as authorized by law.

SECTION 9. Amendment. Section 50-507 of the Citrus Heights Code is hereby amended to read as set forth below:

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Sec. 50-507 City manager administrative authority. The city manager or his/her designee shall develop and adopt administrative regulations that are consistent with the terms and prohibitions of this article. This shall include all policies and procedures for the abatement of unlawful camping, including the policies and procedures for ensuring safe and prompt removal of the nuisance while meeting procedural safeguards required by city, state or federal law.

SECTION 10. Amendment. Section 5-508 of the Citrus Heights Code is herby amended to read as set forth below:

Sec. 50-508. Penalty. Any person who violates the provisions of this section may be subject to any of the following legal enforcement remedy, including but not limited to:

Criminal prosecution of a misdemeanor or infraction, civil action, including injunctive relief, administrative enforcement actions, including administrative citation, and/or revocation of a use permit, if applicable. These remedies shall be in addition to any other remedy authorized by law.

SECTION 11. CEQA.

The action being considered by the City Council is an administrative activity of government that will not result in a direct or indirect physical change in the environment. The City Council finds pursuant to the provisions of the California Environmental Quality Act (“CEQA”) (California Public Resources Code Section 21000 et seq.) and State CEQA Guidelines (Section 1500 et seq., Title 14 of the California Code of Regulations) and determines that this Ordinance is not a “project” pursuant to Public Resources Code Section 210065, and that it is exempt from the provisions of CEQA pursuant to Guidelines Sections 15061(b)(3) (because it can be seen with certainty that the adoption of this Ordinance will not have an effect on the environment) and 15321 (enforcement actions by regulatory agencies);

SECTION 12. 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.

SECTION 13. 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.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights this _____ day of ______ 2024 by the following vote:

AYES: Council Members:

NOES: Council Members:

ABSENT: Council Members:

ABSTAIN: Council Members:

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____________________, Mayor
ATTEST:

Amy Van, City Clerk

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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM

DATE: September 11, 2024

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

FROM: Amy Van, City Clerk

SUBJECT: Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference

Summary and Recommendation

Staff recommends the City Council make a motion to designate a voting delegate and up to two alternates to participate at the Annual Business Meeting on October 18, 2024 during the League of California Cities (Cal Cities) Annual Conference.

Staff further recommends the City Council review and give direction on the proposed 2024 Cal Cities resolution to be presented during the Annual Business Meeting.

Background and Analysis

The Cal Cities Annual Conference is scheduled for October 16-18, 2024, in Long Beach. The Annual Business Meeting will be held during the General Assembly on Friday, October 18, 2024. Consistent with Cal Cities bylaws, the City’s voting delegate and alternates must be designated by action of the City Council, no later than September 25, 2024. The voting delegate and up to two alternate(s) must be registered to attend the conference.

At the Annual Business Meeting the Cal Cities membership considers and takes action on resolutions that establish Cal Cities policy. The City’s appointed voting delegate plays an important role during the General Assembly by representing the City and voting on resolutions.

Sixty days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit policy proposals on issues of importance to cities.

This year, there is one resolution being presented which is included as Attachment 3. Staff will provide a brief presentation on the item; at which time the City Council may discuss and consider the resolution and determine a City position so the voting delegate can represent the City’s position on the resolution.

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Subject: Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference
Date: September 11, 2024

Page 2 of 2 ends

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Attachments

(1) General Assembly Voting Guidelines
(2) Information Sheet: Cal Cities Resolutions and the General Assembly (3) 2024 Cal Cities Resolutions Packet
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved
1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.
2 During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

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2023-2024

CAL CITIES OFFICERS
President
Daniel T. Parra
Mayor
Fowler
First Vice President
Lynne Kennedy
Mayor Pro Tem,
Rancho Cucamonga
Second Vice President
Gabe Quinto
Council Member,
El Cerrito
Immediate Past President
Ali Sajjad Taj
Mayor Pro Tem,
Artesia
Executive Director
and CEO
Carolyn M. Coleman
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org August 28, 2024
TO: Ma
yors, Council Members, City Managers, and City Clerks
RE: Cal Ci
ties 2024 Resolution Packet
Sixt
y days before the Cal Cities Annual Conference and Expo, Cal Cities members may submit resolutions on issues of importance to cities. This year, Cal Cities received one resolution by the Aug. 17 deadline.

The at
tached packet contains the proposed resolution, supporting letters from city officials, and an analysis of the resolution by Cal Cities. The packet includes detailed information on the resolution process.

We e
ncourage each city council to consider the resolution and determine a city position so your voting delegate can represent your city’s position on the resolution.

Voti
ng Delegates: City councils must appoint a voting delegate to vote during the General Assembly. Each city may also appoint up to two alternate delegates. If your city has not already done so, please appoint your voting delegate by Sept. 25. The voting delegate packet contains more information.

The Cal Ci
ties 2024 General Assembly will be held Oct. 18 at 8:30 a.m. in the Long Beach Convention Center during the Annual Conference and Expo.

For q
uestions about resolutions, voting delegates, or the General Assembly, please contact Zach Seals.

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2024
Resolutions
Packet
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2024 Resolutions Packet
Information on 2024 Resolutions Process
Consideration by Policy Committee (pre-conference)
Per the Cal Cities bylaws, the Cal Cities President has referred the submitted resolution to the Governance, Transparency, and Labor Relations Policy Committee. The committee will meet on Oct. 3 at 10 a.m. via Zoom to review the resolution and make a recommendation that will be sent to the Resolutions Committee. A public comment period will be held during the meeting. Register for the meeting here.

A list of recommendations the policy committee may make during its meeting are on page three of this packet.

Consideration by Resolutions Committee (during conference) On Oct. 17 at 1:30 p.m. the Resolutions Committee will meet to review the resolution and the recommendation of the policy committee.

The Resolutions Committee consists of one representative from each of Cal Cities caucuses, departments, divisions, and policy committees, as well as up to ten additional appointments made by the Cal Cities President. A public comment period will be held during the meeting. Refer to the onsite conference program for the location.

A list of recommendations the Resolutions Committee may make during its meeting are on page three of this packet.

Consideration by the General Assembly (during conference) The General Assembly will convene on Oct. 18 at 8:30 a.m. to consider any qualified resolutions. To vote during the General Assembly, voting delegates must have checked-in at the voting delegate booth.

Conference attendees will receive materials for the General Assembly on the evening of Oct. 17. For more information on voting and discussion procedures during the General Assembly, see page four of this packet.

Petitioned Resolutions (during conference)
The petitioned resolution is an alternate method to introduce policy proposals during the annual conference. To initiate a petitioned resolution, voting delegates from 10% of member cities must sign the petition. The resolution and signatures are due at least 24 hours before the beginning of the General Assembly. Voting delegates who have checked-in at the voting delegate booth can receive more information on petitioned resolutions at the booth onsite. 1 ITEM 14
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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

Cal Cities policy
development is a member-
informed process,
grounded in the voices and
experiences of city officials
throughout the state.

2024 Resolutions Packet

Policy Committee and Resolutions Committee Actions

The submitted resolution will be heard by the policy committee to which it was assigned, and the Resolutions Committee. The below table shows what recommendations these bodies may make on the resolution.

Policy Committee Actions Resolutions Committee Actions
Approve Approve
Disapprove* Disapprove*
No Action No Action
Amend and approve

Amend and approve

Refer to appropriate policy committee
for further study*
Approve as amended
Refer as amended to appropriate
policy committee for further study*
Refer to appropriate policy committee
for further study*
Refer as amended to appropriate
policy committee for further study*
Approve with additional
amendment(s)

Additional amendments and refer to
appropriate policy committee for
further study*

*If a resolution is disapproved or referred for further study by all policy committees to which it is assigned and the Resolutions Committee, it will not proceed to the General Assembly.

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2024 Resolutions Packet

General Assembly Voting and Discussion Procedures
Discussion Procedures:

Discussion procedures during the General Assembly are guided by two calendars:
the Consent Calendar and the Regular Calendar. As seen below, resolutions are calendared by the recommendations they receive from policy committees and the Resolutions Committee.

For General Resolutions:

Policy Committee
Recommendation
Resolutions Committee
Recommendation Calendar
Approve Approve Consent Calendar
Approve Disapprove or refer Regular Calendar
Disapprove or refer Approve Regular Calendar
Disapprove or refer Disapprove or refer Does not proceed to General Assembly

For Petitioned Resolutions:

Policy Committee
Recommendation Resolutions Committee Action Calendar
N/A
Approve Regular Calendar
Disapprove or Refer Regular Calendar
Disqualified Does not proceed to General
Assembly

Items on the Consent Calendar will be presented as one motion during the General Assembly from the Resolutions Committee chair. Unless an item on the Consent Calendar is set aside by the majority of the General Assembly, a vote will be taken on the whole calendar. It an item is set aside, it will be opened for discussion, followed by a vote.

Items on the Regular Calendar will be presented individually by the Resolutions Committee chair. After a recommendation is presented by the Resolutions Committee chair, the resolution will be opened for discussion by the General Assembly. A vote will take place following discussion.

Voting Procedures:

Per Cal Cities Bylaws Article XII, Sec. 2, all votes will be conducted by voice vote first. If the presiding official cannot determine the outcome a vote will be taken by an alternative method, typically a raise of voting cards by voting delegates. A roll call vote may be called for by delegates of ten percent or more of the General Assembly.

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2024 Resolutions Packet

2024 Resolution

1. Resolution on Fa ir and Equal Treatment of All Governmental Officials at All Levels submitted by City of Glendora
• Letters of concurrence submitted by:
i. April A. Verlato, Mayor, City of Arcadia
ii. Robert Gonzales, Mayor, City of Azusa
iii. Tim Hepburn, Mayor, City of La Verne
iv. Bill Uphoff, Mayor, City of Lomita
v. John M. Cruikshank, Mayor, City of Rancho Palos Verdes • Referred to Governance, Transparency, and Labor Relations Policy Committee
• Policy Committee Recommendation:
• Resolutions Committee Recommendation:

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2024 Resolutions Packet

Resolution No. 1 : Fair and Equal
Treatment of All Governmental
Officials at All Levels submitted by
City of Glendora

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2024 Resolutions Packet

1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF

CALIFORNIA CITIES CALLING FOR THE CALIFORNIA LEGISLATURE TO ENACT LAWS THAT ENSURE THAT “WHAT APPLIES TO ONE, APPLIES TO ALL” IN THE

FAIR AND EQUAL TREATMENT OF ALL GOVERNMENTAL OFFICIALS AT ALL

LEVELS IN THE STATE OF CALIFORNIA

Source: City of Glendora
Concurrence of five or more cities/city officials
City Officials: April A. Verlato, Mayor, City of Arcadia; Robert Gonzales, Mayor, City of Azusa; Tim Hepburn, Mayor, City of La Verne; Bill Uphoff, Mayor, City of Lomita; John M. Cruikshank, Mayor, City of Rancho Palos Verdes
Referred to: Gove
rnance, Transparency and Labor Relations Policy
Committee

WHER
EAS, the General Assembly of the League of California Cities objects to the practice of the California Legislature of imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California; and

WHEREAS, examples of such rules or regulations that apply to local city elected officials that do not otherwise apply to the elected officials of the State of California include, but are not limited to:

California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq., which purport to “declare[] that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people’s business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly,” but which limits its application to “local agencies,” but not including elected officials of the State of California;

Creating “one-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”) which purportedly requires all government agencies to consider the environmental consequences of their actions before approving plans and policies or committing to a course of action on a project in order to demolish and then rebuild State offices for the Governor and other State officials;

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2024 Resolutions Packet

Adopting rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”), by removing the exception for local elected officers from contribution limits requiring disqualification on development project decisions,” but not including elected officials of the State of California;

Adopting rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office, including, but not limited to: prohibiting the making a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571; requiring a candidate that has qualified as a committee to establish a separate controlled committee and campaign bank account for each specific office; prohibiting a candidate from redesignating a committee for one election for another election.

WHEREAS, the General Assembly of the League of California Cities now calls upon the Governor and the California Legislature to adopt a policy, practice, and procedure requiring, in their legislative activities, that “what applies to one applies to all.”

NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 18, 2024 in Long Beach, California, that the League calls upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:

“The California State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate . This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”

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2024 Resolutions Packet

Resolution No. 1: Letters of
Concurrence

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July 10, 2024
The City Council of Glendora
is proposing the following resolution for consideration at the California League of Cities annual conference
on
October 18, 2024
Proposed Resolution: (“To ensure fairness and equal treatment for all government officials in California”)
“The California State Legislature shall not enact, and the Governor shall not approve, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
The following five city council members are in concurrence with their letters of support (attached):
✓ Mayor John Cruikshank, City of Rancho Palos Verdes
✓ Mayor Bill Uphoff, City of Lomita
✓ Mayor Robert Gonzales, City of Azusa
✓ Mayor April Verlato, City of Arcadia
✓ Mayor Tim Hepburn, City of La Verne
Please confirm receipt of this request.

Sincerely,
Michael Allawos
Council Member
City of Glendora
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2024 Resolutions Packet

Resolution No. 1: Staff Analysis

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League of California Cities Staff Analysis on Resolution No. 1 Staff:

Johnnie Pina, Legislative Affairs, Lobbyist
Committee: Governance, Transparency, and Labor Relations Summary:

This Resolution states that the League of California Cities shall call upon the Governor of the State of California and the elected members of the California Legislature, including all members of the Senate and Assembly to adopt the following policy:
“The Ca
lifornia State Legislature shall not enact, and the Governor shall not sign into law, any law or regulation that applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate. This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”
Background:

This resolution states that examples of the California Legislature imposing rules limiting authority or regulating the conduct of local municipal officials that do not also apply to elected officials of the State of California include, but are not limited to:
• California’s open meeting rules, codified in the Ralph M. Brown Act, Government Code, Chapter 9, §§ 54950 et seq.;
• “One-off” exemptions, in the form of Senate Bill No. 174, from the California Environmental Quality Act (“CEQA”);
• Rules, in the form of Senate Bill No. 1439, amending the Political Reform Act (the “Act”); and
• Rules, in the form of Assembly Bill No. 571, that apply to city and county candidates for local elected office, but not to candidates for state-wide office.

Ralph M. Brown Act
The Calif
ornia Attorney General’s (AG) Office defines The Ralph M. Brown Act (Brown Act) as what governs meetings conducted by local legislative bodies, such as boards of supervisors, city councils and school boards. The AG’s office states the Act represents the Legislature’s determination of how the balance should be struck between public access to meetings of multi-member public bodies on the one hand and the need for confidential candor, debate, and information gathering on the other.

The Ralp
h M. Brown Act governs local agencies, the Bagley-Keene Open Meeting Act covers all state boards and commissions, and Government code 17 ITEM 14
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9027 governs the state Legislature. The California Constitution also mandates open meetings for state agencies, boards, and commissions. Specifically, the Constitution requires that each local agency comply with the Brown Act (Article I, section 3(b)(7)): and that the proceedings of each house of the Legislature be open and public (with exceptions for employment matters; matters affecting security; confer with legal counsel; and to meet as a caucus (Article IV, section 7).

Althou
gh fairly detailed requirements apply to state agencies and other state bodies, they do not apply to the Legislature. The Legislature has Constitutional authority to adopt rules for its proceedings that are consistent with the requirement that the proceedings of each house and the committees be open and public.

Another notable difference between the Legislature and a city council is the ability for Legislators to have a caucus to discuss a bill, express how they will vote, and to count votes. This is not allowed under the Brown Act. One other difference is that the laws governing teleconferencing for members of the state Legislature is far less flexible than it is for local bodies. However, state agencies have more flexibility than locals in that regard.

California Environmental Quality Act (“CEQA”)
The Resolution cites the Legislature's action in exempting from CEQA the reconstruction of the State Capitol Annex building. The State Legislature enacted the California Environmental Quality Act (CEQA) in 1970, establishing it as a public disclosure law for the environmental review of discretionary projects and a process for mitigating or avoiding potential environmental impacts.

SB 174 (
Committee on Budget and Fiscal Review) Chaptered by Secretary of State. Chapter 74, Statutes of 2024 was signed into law July 2, 2024. This bill exempts the work performed under the State Capitol Building Annex Act of 2016 from the California Environmental Quality Act (CEQA). In this example the Legislature exempted themselves as not being considered a “public agency,” “state agency,” or “lead agency” under CEQA. A lead agency under CEQA is the public agency that has the principal responsibility for carrying out or approving a project that is subject to CEQA.

Over t
he years, the Legislature has also created many CEQA exceptions and exemptions for local projects involving local agencies as well.

The Political Reform Act (PRA) - Senate Bill No. 1439
SB 1439 (Glazer) Chaptered by Secretary of State. Chapter 848, Statutes of 2022 amends section 84308 and is aimed at preventing "pay-to-play" practices, in part by prohibiting parties, participants, and their respective agents in a 18 ITEM 14
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proceeding involving a license, permit, or other entitlement for use from contributing more than $250 to an officer of an agency during a 12 month period. When the Levine Act was first enacted in 1982, Section 84308 applied to appointed members of boards and commissions who were running for elective office. SB 1439 expended this law to now apply to local elected officials. Since it is focused on permits and licenses, it now applies to State agencies and local agencies that approve permits and licenses. Section 84308 does not apply to the Legislature or the Courts. It is important to note that unlike local governments, neither issue permits and licenses.

The Political Reform Act (PRA) - Assembly Bill No. 571
AB 571 (Mullin) Chaptered by Secretary of State. Ch
apter 556, Statutes of 2019
established default campaign contribution limits for county and city office at the same level as the limit on contributions from individuals to candidates for Senate and Assembly, effective January 1, 2021. This bill permitted a county or city to establish its own contribution limits, which would prevail over these default limits.

The Res
olution cites AB 571 as an example of treating cities differently than the State. The Fair Political Practices Commission clarifies in their AB 571 fact sheet that under AB 571 a city may elect to have "no" contribution limit in which case the state contribution limit will not apply as a default for that jurisdiction. A city or county can set contribution limits higher than the default state limit, AB 571 sets a default in line with contributions Assembly Members and Senators if a city or county is silent on contribution limits.

Fiscal Impact:

Unknown.

Existing Cal Cities Policy:

Mission Statement
To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.

We Believe:
• Local self-governance is the cornerstone of democracy. • In the involvement of all stakeholders in establishing goals and in solving problems.
• In conducting the business of government with transparency, openness, respect, and civility. The spirit of honest public service is what builds communities.
• Open decision-making that is of the highest ethical standards honors the public trust.
• The vitality of cities is dependent upon their fiscal stability and local autonomy. The active participation of all city officials increases Cal Cities’ effectiveness.
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• Partnerships and collaborations are essential elements of focused advocacy and lobbying.
• Ethical and well-informed city officials are essential for responsive, visionary leadership and effective and efficient city operations.

Comments:

Additional Examples
The Legislature has passed and the Governor has signed many laws that apply to local governments and do not apply to the state or the state Legislature. This year AB 2561(McKinnor) was introduced,
which requires local governments to
present in a public meeting a detailed report about their vacancy rates and detailed information about their hiring practices. This is an attempt to address public sector vacancy rates. This bill does not apply to the state in a time when they are also dealing with high vacancy rates.

Addit
ionally, there were several bills that aim to amend the Levine Act, which now applies to local elected officials, to make changes to SB 1439, referenced previously in the analysis. None of the bills would amend the law to be applicable to Assembly Members or Senators.

AB 817 (Pacheco), co-sponsored by Cal Cities tried to bring parity to the Brown Act by making the teleconference rules for state advisory bodies the same for local advisory bodies but the Legislature struck the bill down.

Applying to elected officials or to the legislative body? Legislature or the State? The res
olution also states, “… applies solely to elected officials of California cities and counties, unless such law or regulation also applies equally to members of the California State Assembly and Senate.”

This portion of the resolve clause is specifically speaking to local elected officials and State Assembly Members and Senators. However, many of the “where as” clauses are in reference to laws that apply to cities, the state and the Legislature as government agencies and not specifically to the elected officials on the governing bodies. For example, the Brown Act applies rules to the Legislative body and not the individual council member. Additionally, the city council as a whole is the lead agency under CEQA and not the individual council members.

Inherent Powers of the Legislative Branch
The resolution also states, “This prohibition shall not apply to laws or regulations affecting the inherent powers of the legislative branch under the California Constitution.”

It is unclear what inherent powers of the legislate branch under the California Constitution means in this context. The legislative branch does have the power 20 ITEM 14
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of preemption over cities and can state that a change in law is a matter of state wide concern. This allows the legislative branch to apply new laws or amend existing laws to apply to general law and charter cities. It seems like the last sentence of the resolve clause could negate the rest of the resolve clause if not clarified.

Support:

The following letters of concurrence were received:

April A. Verlato, Mayor, City of Arcadia
Robert Gonzales, Mayor, City of Azusa
Tim Hepburn, Mayor, City of La Verne
Bill Uphoff, Mayor, City of Lomita
John M. Cruikshank, Mayor, City of Rancho Palos Verdes

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Citrus Heights City Council MeetingsSeptember 11, 2024

Citrus Heights City Council Meetings
September 11, 2024