[IRS FORM W-9 (REVISED OCTOBER 2018) & 2022 CA FTB FORM 590 APPEAR ON FOLLOWING TWO (2) PAGES]
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Option and Tower Structure License Agreement 8.28.2023. Final Executable
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Option and Tower Structure License Agreement 8.28.2023. Final Executable
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T1TITLE SHEETSITESHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630
APPLICANT/LESSEE:SHEET 1 T1 TITLE SHEETSHEET 2 C1 SURVEYSHEET 3 C2 SURVEYSHEET 4 GN1 GENERAL NOTES, LEGEND & ABBREVIATIONSSHEET 5 GN2 SITE SIGNAGESHEET 6 GN3 BATTERY SPECIFICATIONSSHEET 7 GN4 BATTERY SPECIFICATIONSSHEET 8 A1 OVERALL & ENLARGED SITE PLANSHEET 9 A2 EQUIPMENT & ANTENNA LAYOUT, ANTENNA EQUIPMENT SCHEDULESHEET 10 A3 SOUTH & EAST ELEVATIONSHEET 11 A4 DETAILSSHEET 12 A5 DETAILSSHEET 13 A6 DETAILSSHEET 14 S1 STRUCTURAL NOTES & DETAILSSHEET 15 M1 MECHANICAL FLOOR PLAN & SPECIFICATIONSSHEET 16 E1 TELEPHONE & ELECTRICAL SPECIFICATIONS & UTILITIES NOTESSHEET 17 E2 UTILITIES SITE PLAN & EQUIPMENT AREA PLANSHEET 18 E3 SINGLE LINE DIAGRAM & PANEL SCHEDULE & DETAILSSHEET 19 G1 EQUIPMENT AREA GROUNDING & ANTENNA GROUNDING PLANSHEET 20 G2 GENERAL GROUNDING NOTES & DETAILSSHEET 21 G3 GROUNDING DETAILSRF ENGINEER:ARCHITECT:CVL05851JOHNSON-SPRING PARK5540 3RD STREETROCKLIN, CA 95677PROJECT REFERENCE NUMBERSSITE I.D.: CVL05851US I.D.: 315692FA NO.: 15532181ORACLE NO.: 3701A0YEJQPACE NO.: MRSFR077615PROGRAM: NSB SHEET INDEX PROJECT INFORMATIONPROJECT DESCRIPTIONPROJECT TEAMDIRECTIONS FROM AT&TCODE COMPLIANCEVICINITY MAPRF DATA SHEETZONING MANAGER:LEASING MANAGER:CIVIL VENDOR:CONSTRUCTION MANAGER:EXISTING LIGHT TOWERSPECIAL INSPECTIONS010-191-070 385
386
387
GN1SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630GENERAL NOTES, LEGEND & ABBREVIATIONS1ABBREVIATIONSGENERAL NOTES3LEGEND2 388
389
GN3SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630BATTERY SPECIFICATIONS1BATTERY SPECIFICATIONS390 GN4SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630BATTERY SPECIFICATIONS1BATTERY SPECIFICATIONS391 OVERALL & ENLARGED SITE PLAN1A1SCALE:1 inch = 80ft80' 0' 80' 160'SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630ENLARGED SITE PLAN2SCALE:1 inch = 20 ft20' 0' 20' 40'OVERALL SITE PLANAPN: 010-021-022APN: 010-191-0053RD STREET 3RD STREET010-191-070
392
EQUIPMENT & ANTENNA LAYOUT1A2SCALE:1/2 inch = 1 ft2' 0' 2' 4'SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630ANTENNA EQUIPMENT SCHEDULE3SCALE:3/8 inch = 1 ft3' 0'3'6'ANTENNA LAYOUT 2EQUIPMENT LAYOUT 393
SOUTH & EAST ELEVATION1A3SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630EAST ELEVATIONSCALE:3/16 inch = 1 ft6' 0'6'12'2SCALE:3/16 inch = 1 ft6' 0'6'12'SOUTH ELEVATION 394
395
XXA5SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630DC POWER RACK DETAIL2CABLE LADDER SECTION1BATTERY RACK DETAILEQUIPMENT RACK DETAIL46CABLE LADDERCABLE LADDER SECTION35 396
DETAILSA6SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630STUB-UP DETAIL2UNUSED1BORING DETAILDOGHOUSE DETAILRADIO REMOTE MOUNTING BRACKET34 397
STRUCTURAL NOTES & DETAILSS1SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630GENERAL STRUCTURAL NOTES12GENERAL NOTES:EXPANSION & ANCHORS NOTESCONCRETE NOTES EQUIPMENT RACK ANCHORAGEBATTERY RACK ANCHORAGEDC POWER RACK ANCHORAGE34AC UNIT ANCHORAGE5 398
MECHANINCAL FLOOR PLAN & SPECIFICATIONSM1SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 956302HVAC SPECIFICATIONSMECHANICAL FLOOR PLAN1EQUIPMENT SCHEDULESCALE:3/8 inch = 1 ft3'0'3'6' 399
TELEPHONE & ELECTRICAL SPECIFICATIONS &UTILITIES NOTESE1SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 956302UTILITIES NOTES3TELEPHONE SPECIFICATIONS1ELECTRICAL SPECIFICATIONS 400
UTILITIES SITE PLAN & EQUIPMENT AREA PLANE2SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630UTILITIES SITE PLAN1UNUSED. 3RD STREET2UTILITIES EQUIPMENT AREA PLAN401
SINGLE DIAGRAM & PANEL SCHEDULEE3SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630SINGLE LINE DIAGRAM1SPD BOX SPECIFICATION3PANEL SCHEDULE2M 402
EQUIPMENT AREA GROUNDING & ANTENNAGROUNDING PLANG1SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630EQUIPMENT AREA GROUNDING PLAN1UNUSED.ANTENNA GROUNDING PLAN 2 1SCALE:3/8 inch = 1 ft12'SCALE:3/8 inch = 1 ft12'FLOOR PLANCEILING PLAN 403
GENERAL GROUNDING NOTES & DETAILSG2SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630113GENERAL GROUNDING NOTESCADWELD CONNECTIONGPS ANTENNA GROUNDING DETAILANTENNA CABLE GROUNDINGGROUNDING KIT TYP. BUS BAR DETAIL57642MECHANICAL CONNECTION 404
GROUNDING DETAILSG3SHEET TITLEDGE NO.REV.DATEDESCRIPTIONBYCHKTRI CITYCVL05851JOHNSON SPRINGVIEW PARK5540 3RD STREETROCKLIN, CA 95677SHEETSITE NAME 5001 EXECUTIVE PARKWAY, 4W750DSAN RAMON, CA 94583
605 COOLIDGE DRIVE, SUITE 100FOLSOM, CA 95630UNUSEDGROUNDING AT TOWER11 405
City Council
Staff Report
Subject:
Annexation Into Community Facilities District No. 1 (Maverik Gas Station, APN 017-283-047-000)
Date:
September 12, 2023
Submitted By:
Megan Bressem, Management Analyst
Daniel Choe, Deputy Director of Administrative Services Department:
Administrative Services - Finance
Recommendation:
A
.
Conduct a Public Hearing to consider testimony.
B
.
Adopt a Resolution of the City Council of the City of Rocklin of Annexation of Territory to Community Facilities District No. 1 (Annexation No. 78), Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors (Maverik Gas Station, APN 017-283-047-000).
C
.
Adopt a Resolution of the City Council of the City of Rocklin Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien Pertaining to Community Facilities District No. 1 (Annexation No. 78) (Maverik Gas Station, APN 017-283-047-000).
Background:
On August 8, 2023, the City Council adopted Resolution No. 2023-119, a Resolution of Intention to Annex Territory to Rocklin Community Facilities District (CFD) No. 1 (Annexation No. 78) and to Authorize the Levy of Special Taxes Therein to Amend the Rate and Set a Public Hearing Date regarding Maverik Gas Station, a retail commercial property located on the westerly side of the intersection of Sunset Boulevard and Lonetree Boulevard (Assessor's Parcel Number 017-283-047-000). A map of the annexation area is included as Attachment 3.
A Notice of Public Hearing was published in the Placer Herald on August 17, 2023.
The development of Maverik Gas Station is conditioned on, among other things, annexation into CFD No. 1. CFD No. 1 finances the operation and maintenance of fire protection and suppression services and ambulance and paramedic services.
There are two resolutions for City Council consideration. The first resolution (Attachment 1) finds that no majority protest exists, orders the annexation, and authorizes the levy of the special tax, subject to approval by a two-thirds vote of the landowners.
In anticipation of approval of the annexation, the election has already occurred, and the Item Number 4A.
406
second resolution (Attachment 2) approves the canvass of the election, declares the results of the election, and orders the recording of the amended notice of special tax lien, which gives notice that the land within the project area is now subject to the special tax.
Fiscal Impact:
There is no direct fiscal impact to the General Fund. Adoption of the attached resolutions will allow special taxes to be levied and collected for CFD No. 1 to pay for services provided to the annexation territory.
ATTACHMENTS:
1. Resolution - Levy of Special Taxes
2. Resolution - Annexation Election
3. Annexation Map
407
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 1 (ANNEXATION NO. 78), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND
SUBMITTING LEVY OF TAX TO QUALIFIED ELECTORS
(Maverik Gas Station, APN 017-283-047-000)
BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin hereby finds as follows:
1. The City Council on August 8, 2023, adopted Resolution No. 2023-119 (the “Resolution of Intention”) stating its intention to annex the territory to the City’s Community Facilities District No. 1 (Annexation No. 78) (the “CFD”), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”);
2. A copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the CFD and stating the facilities and/or services to be provided and the rate and method of apportionment of the special tax to be levied within the CFD to pay for fire prevention and suppression services and ambulance and paramedic services, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein;
3. On the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the CFD;
4. At said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held;
5. Prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to the CFD by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD, or (ii) 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be annexed to the CFD, or (iii) owners of one-half or more of the area of land in the territory proposed to be annexed to the CFD; and
6. Annexation Map No. 78 to the CFD, has been filed with the County Recorder of the County of Placer, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk.
7. All prior proceedings taken by this Council with respect to the CFD and the proposed annexation of territory thereto have been duly considered and are hereby 408
Reso. No. 2023-
determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act.
Section 2. The description and map of the boundaries of the territory to be annexed to CFD, as described in said Annexation Map No. 78 to the CFD on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of the CFD, and said territory is hereby ordered annexed to the CFD, subject to voter approval of the levy of the special taxes therein as hereinafter provided.
Section 3. The provisions of the Resolution of Intention as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein.
Section 4. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the CFD shall be submitted to the voters of the area to be annexed to the CFD at an election called therefor as hereinafter provided.
Section 5. This Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the CFD for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the territory proposed to be annexed to the CFD and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the CFD.
Section 6. Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under Section 4000 of the California Elections Code. This Council hereby determines that paragraphs (a), (b), (c)(1) and (2) of said Section 4000 are applicable to this election.
Section 7. The Council hereby calls a special election to consider the measure described in the ballot referred to in paragraph 8 below, which election shall be held on September 12, 2023, in the regular meeting place of this Council, City Council Chambers, 3970 Rocklin Road, Rocklin, California.
Section 8. The City Clerk is hereby appointed as the election official to conduct the election and cause to be provided to each landowner(s) in the territory to be annexed to the CFD, a ballot in the form of Exhibit A hereto, which form is hereby approved.
Section 9. The City Clerk shall accept the ballots of the qualified electors received prior to 5:00 p.m. on September 12, 2023 whether received by mail or by personal delivery.
409
Reso. No. 2023-
Section 10. This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election herein above specified is established accordingly.
PASSED AND ADOPTED this 12th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
410
to Reso. No. 2023-
EXHIBIT A
City of Rocklin
Community Facilities District No. 1 (Annexation No. 78) (Maverik)
OFFICIAL BALLOT
SPECIAL TAX ANNEXATION ELECTION
This ballot is for the special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Rocklin no later than 5:00 p.m. on September 12, 2023, either by mail or in person. The City Clerk's office is located at 3970 Rocklin Road, Rocklin, California 95677.
To Vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Rocklin and obtain another.
BALLOT MEASURE: Shall the City of Rocklin, by and for its Community Facilities District No. 1 (the "CFD"), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in Resolution No. 2023-119 of the City of Rocklin, adopted by its Council on August 8, 2023? YES:____________
NO:_____________
By execution in the space provided below, you also confirm your waiver of the time limit pertaining to the conduct of the election and any requirement for notice of election and analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Sections 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 2
Property Owner: Maverik Inc.
Name: Maverik Gas Station
Address: 185 South State Street Ste. 800
Salt Lake City, UT 84111
By:_____________________________
Print Name
________________________________
Signature
Title:____________________________
411
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
DECLARING RESULTS OF SPECIAL ANNEXATION ELECTION, DETERMINING VALIDITY OF
PRIOR PROCEEDINGS, AND DIRECTING RECORDING OF AMENDED NOTICE OF SPECIAL TAX LIEN PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 1 (ANNEXATION NO. 78)
(Maverik Gas Station, APN 017-283-047-000)
BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin finds as follows:
1. In proceedings heretofore conducted by the Council pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), this Council has heretofore adopted a resolution calling a special election of the qualified landowner electors in the territory of land proposed to be annexed to Community Facilities District No. 1 (Annexation No. 78) (the "CFD");
2. Pursuant to the terms of the resolution which is hereby incorporated herein by this reference, the special election has been held and the City Clerk has filed a Canvass of Votes Cast in Special Election, a copy of which is attached hereto as Exhibit A; and,
3. This Council has reviewed the Canvass and hereby approves it.
Section 2. The issue presented at the special election was the levy of a special tax within the territory annexed to the CFD, to be levied in accordance with the formula heretofore approved by this Council as described in Resolution No. 2023-119, the Resolution of Intention.
Section 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowner-voter being the qualified electors of the territory annexed to the CFD by more than two-thirds of the qualified electors voting at the special election.
Section 4. Pursuant to the voter approval, the annexed territory to the CFD is hereby declared to be fully annexed to and part of the CFD and this Council may levy special taxes therein as heretofore provided in these proceedings.
Section 5. It is hereby found that all prior proceedings and actions taken by this Council pursuant to the CFD and the territory annexed thereto were valid and in conformity with the Act.
412
Reso. No. 2023-
Section 6. Within 15 days of the date hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Placer, an amendment to the Notice of Special Tax Lien as required by Section 3117.5 of the California Streets and Highways Code.
PASSED AND ADOPTED this 12th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Haley Reid, Acting City Clerk
413
to Reso. No. 2023-
EXHIBIT A
City of Rocklin
Community Facilities District No. 1 (Annexation No. 78) (Maverik Gas Station, APN 017-283-047-000)
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on this date, I canvassed the returns of the election held on this date in the territory annexed to Community Facilities District No. 1 (Annexation No. 78) of the City of Rocklin, which election is designated as the Special Tax Annexation Election, and the total number of ballots cast in the territory to be annexed and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes Cast
YES NO
City of Rocklin
Community Facilities District No. 1
Annexation No. 78
Special Tax Annexation Election,
September 12, 2023 2 _____ _____ _____
BALLOT MEASURE: Shall the City of Rocklin, by and for its Community Facilities District No. 1 (Annexation No. 78) (the "CFD"), be authorized to levy special taxes within the territory annexed to the CFD pursuant to and as described in Resolution No. 2023-119 of the City of Rocklin, adopted by its Council on August 8, 2023? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12th day of September, 2023.
CITY OF ROCKLIN
By:_________________________________
Haley Reid, Acting City Clerk
414
CFD BOUNDARYLONETREE BOULEVARDSUNSET BOULEVARD
256.08'N56°22'28"E
354.22'N33°37'32"W
S44°27'46"W38.05'125.05'S57°24'10"WS68°19'49"W50.55'S14°08'19"W42.49'265.92'N31°00'00"W L64.89'R933.00'D003°59'06"PARCEL BMBR 2021-012536APN 017-283-048-000 LOT 27APN 017-284-017-000PARCEL 1APN 017-284-026-000PARCEL 2APN 017-284-027-000PARCEL 11APN 017-284-001-000 PARCEL 5A33 PM 36APN 378-010-006-000LOT 6APN 017-283-010-000 LOT 7APN 017-283-012-000
PARCEL AMBR 2020-0099654APN 017-086-012-000
ANNEXATION AREA2.00± ACRESCFD BOUNDARYAPN 017-283-047-000 ROCKLIN CORPORATE CENTERZ-BM-90
SUNSET LONETREE PHASE III34 PM 153ROCKLIN CORPORATE CENTERZ-BM-90SHEET 1 OF 1 BOOK ____ OF COMMUNITY FACILITIES DISTRICT, PAGE ____ANNEXATION MAP NO. 78 OFCOMMUNITY FACILITIES DISTRICT NO. 1MAVERIK GAS STATION / DR 2020-0003VICINITY MAPNOT TO SCALENNOTES:REFERENCE IS HEREBY MADE TO THAT CERTAIN MAP ENTITLED "PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 1, CITY OF ROCKLIN,COUNTY OF PLACER, STATE OF CALIFORNIA,"FILED THE 3RD DAY OF APRIL 1987 ATTHE HOUR OF 9:12 AM IN BOOK 1 OF MAPS OF ASSESSMENT AND COMMUNITYFACILITIES DISTRICT AT PAGE 2, IN THE OFFICE OF THE COUNTY RECORDER OF THECOUNTY OF PLACER, STATE OF CALIFORNIA, WHICH THIS ANNEXATION MAPAFFECTS. 0'SCALE:80'40'160'1"=80'N
CITY COUNCIL'S STATEMENT:I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIESOF ANNEXATION NO. ________ TO COMMUNITY FACILITIES DISTRICT NO. 1,CITY OF ROCKLIN, COUNTY OF PLACER, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF ROCKLIN, AT A MEETINGTHEREOF, HELD ON THE ________ DAY OF __________________________, 2023, BY ITSRESOLUTION NO. _______________.HOPE ITHURBURNCITY CLERK OF THE CITY OF ROCKLINDATECITY CLERK'S STATEMENT:FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF ROCKLINTHIS ________ DAY OF ___________________________, 2023.HOPE ITHURBURNCITY CLERK OF THE CITY OF ROCKLINDATERECORDER'S STATEMENT:FILED THIS __________ DAY OF _____________________________, 2023, AT THE HOUR OF___________ ____.M., IN BOOK ____________ OF MAPS OF ASSESSMENT ANDCOMMUNITY FACILITIES DISTRICTS, AT PAGE __________ IN THE OFFICE OF THECOUNTY RECORDER IN THE COUNTY OF PLACER, STATE OF CALIFORNIA.RYAN RONCOCOUNTY RECORDER OF PLACER COUNTYDATEDEPUTYFILE NO. _______________________________ FEE ________________ PARCEL A OF MBR 2021-012536, BEING A PORTION OF SECTION 10, T.11N.,R.6E., M.D.B.&M. CITY OF ROCKLIN, COUNTY OF PLACER, STATE OF CALIFORNIA.MARCH 2023SITEWILLIAMJESSUPUNIV.SUNSET BLVD.65LONETREE BLVD.W OAKS BLVD.BLUE OAKS BLVD.INDUSTRIAL AVE. 415
City Council
Staff Report
Subject:
2022 Consolidated Annual Performance and Evaluation Report (CAPER)
Date:
September 12, 2023
Submitted By:
Sherri Conway, Assistant City Manager
Elizabeth Sorg, Management Analyst
Department:
City Manager's Office
Recommendation:
A
.
Conduct a Public Hearing to Consider Testimony.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Authorizing Staff to Submit the 2022 Consolidated Annual Performance and Evaluation Report (CAPER) and Authorizing the City Manager to Execute and File All Documents Required for Submittal to the U.S. Department of Housing and Urban Development (HUD).
Background:
As a recipient of HUD Community Development Block Grant (CDBG) funds, the City of Rocklin must complete a Consolidated Annual Performance and Evaluation Report (CAPER) on an annual basis. The CAPER identifies programs and activities that the City undertook during Program Year (PY) 2022 to meet the priority needs identified in the 5-year Consolidated Plan.
In addition, the CAPER discusses actions that the City took to address barriers to affordable housing, public services for seniors and the homeless, and ADA improvements. The City was awarded $284,949 for the PY 2022.
On July 28, 2023, a Public Review Draft CAPER document was made available for a 17-day period. Notice of the Public Review Draft CAPER’s availability, comment period and the scheduled public hearing before the City Council was published in the Placer Herald newspaper. In addition, the notice was e-mailed to various service providers through dissemination by the Placer Collaborative Network (PCN) and The Placer Consortium on Homelessness (PCOH) listservs and in the City’s posting box outside of City Hall. The report was made available through links in e-mail notices, at City Hall and on the City’s website.
Comments on the draft report were due by the end of the business day, Monday, August 14, 2023. As of the publishing of this report, no comments have been received.
CARES Act – CDBG-CV-1 and CDBG-CV-3
Although not technically a part of the PY 2022 Annual Action Plan, the City is including a brief update regarding CARES Act funding and spending in the CAPER. The City’s initial allocation Item Number 4B.
416
of CDBG-CV-1 ($164,189) funds was the primary focus of the first substantial amendment to the 2020 Annual Action Plan approved by the City Council on September 22, 2020.
In addition
to CDBG-CV-1 funds, on September 11, 2020, the City of Rocklin was also notified that it had received $299,113 in a third round of CDBG-CV-3 funding from the CARES Act. Approval of the second substantial amendment to the 2020 Annual Action Plan was approved by the City Council on August 10, 2021. All grant funds were not allocated during that amendment.
In an effort to create another opportunity to accept new or revised proposals to spend the remaining CDBG-CV-1 and CDBG-CV-3 funds available, approval of the third substantial amendment to the 2020 Annual Action Plan was approved by the City Council on October 11, 2022. A complete list of CDBG-CV programs include:
CDBG-CV-1
KidsFirst - $45,000 for the Rental/Utility Assistance Program to respond to income reductions related to Coronavirus.
Salvation Army - $39,000 for the Rental Assistance Program to respond to income reductions related to Coronavirus.
Stand Up Placer - $15,000 for the Counseling Program to respond to the service needs of victims of domestic violence stemming from Coronavirus.
The Gathering Inn - $45,189 for the Counseling Program to respond to the service needs of the homeless stemming from Coronavirus.
The Gathering Inn - $20,000 for the Medical Clinic to prevent, prepare for, and respond to Coronavirus and its effects on homeless populations.
CDBG-CV-3
Salvation Army - $20,000 for the Rental Assistance Program to respond to income reductions related to Coronavirus.
St. Vincent De Paul - $44,125 for the Senior and Disabled Food Bags / Basic Essentials Program.
St. Vincent De Paul - $92,713.02 for the Rental/Utility Assistance & Essentials Program.
The Gathering Inn - $142,274.98 for Direct Services for Rocklin Homeless due to COVID (Housing, Case Management, Drivers, Transportation, Food, Shelter, Day Services)/Rental Assistance.
HUD’s original deadline to spend 80% of the funds by September 1, 2023 has been revised to require that 100% of the funds be spent by September 1, 2026, and final spending and accomplishments data reported to HUD by November 9, 2026. At the time of this report’s preparation, $396,087.84 (85.5%) of CDBG-CV-1 and CDBG-CV-3 funds have been spent.
The City will continue to work with the subrecipients to maximize their spending within the mandated timeframe.
CDBG Standard Entitlement
The list below breaks down how much was spent in PY 2022 by program:
Public Facilities/ADA Improvements - Improve safety and accessibility in public Amount budgeted: $185,216.85
Amount expended: $182,330.00
Households assisted: 100
Status: The remaining $2,886.85 will be reallocated to public facilities for the ADA improvement project identified in the 2023 Annual Action Plan. 417
Seniors First - Meals on Wheels, meeting senior nutrition needs Amount budgeted: $14,247.45
Amount expended: $14,247.45
Households assisted: 138
Status: All funds have been spent
Stand Up Placer - Provide mental health services
Amount budgeted: $14,247.45
Amount expended: $14,247.45
Households assisted: 314
Status: All funds have been spent
Kids First - Provide mental health services
Amount budgeted: $14,247.45
Amount expended: $14,157.39
Households served: 13
Status: remaining $90.06 will be reallocated to public facilities for the ADA improvement project identified in the 2023 Annual Action Plan.
Planning/Administration
Amount budgeted: $56,989.80
Amount expended: $56,989.80
Households assisted: N/A
Status: All funds have been spent
Unspent Funds from PY 2022 / Carry over
There are two programs identified in the 2022 Annual Action Plan that were unable to spend the total allocation amount awarded. Due to HUD’s 15% spending caps associated with the public services category, these unspent funds will be reallocated to public facilities for the ADA improvement project identified in the 2023 Annual Action Plan. The additional funds include:
$2,886.85 unspent funds from PY 2022 Public Services ADA project, and $90.06 unspent funds from PY 2022 KidsFirst program
The combined total of unspent funds that will be carried over to Public Services ADA project in PY 2023 is $2,976.91.
Subject to any input from the City Council or the public at tonight’s public hearing for the 2022 CAPER, the report will be finalized and submitted to HUD for review and approval.
Fiscal Impact:
There is no impact to the general fund. The CDBG allocation is budgeted annually in fund 257.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - CAPER
418
RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING STAFF TO SUBMIT THE 2022 CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND FILE ALL DOCUMENTS REQUIRED FOR SUBMITTAL TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, the City of Rocklin has applied for and received Community Development Block Grant (CDBG) funds as an entitlement jurisdiction for the Government of the United States under Title I of the Housing and Community Development Act of 1974; and
WHEREAS, the Department of Housing and Urban Development (HUD) is the federal agency that oversees the administration of the CDBG program, and WHEREAS, HUD requires entitlement jurisdictions to complete an annual evaluation of their grant programs through a report known as the Consolidated Annual Performance and Evaluation Report (CAPER);
WHEREAS, the CAPER, and a notice of the public comment period, have been published for citizen comment from July 28, 2023 to August 14, 2023 prior to forwarding the documents to City Council;
WHEREAS, a public hearing was held on September 12, 2023.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin hereby authorizes staff to submit the City of Rocklin’s CAPER to the 2022 Action Plan in the form attached hereto as Exhibit A and by this reference incorporated herein, certifying that the City of Rocklin has and will continue to conduct its activities in accordance with applicable statutes and regulations governing the CDBG program.
Section 2. The City Council of the City of Rocklin hereby also authorizes the City Manager, or her designee, to execute and file the CAPER and all documents that are required to receive CDBG funding for and on behalf of the City of Rocklin, and to make minor changes to those documents where necessary to reflect public comment and/or respond to modifications requested by HUD.
419
PASSED AND ADOPTED this 12th day of September, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
____________________________
Janette Haley, Deputy City Clerk
420
Exhibit A
2022 CAPER Document
421
CAPER 1
July 28, 2023
2022-2023
Consolidated Annual Performance and Evaluation Report
(CAPER)
HUD Entitlement: Community Development Block Grant
Public Review Period: July 28, 2023 – August 14, 2023
422
CAPER 2
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the Program Year.
This 2022 Consolidated Annual Performance and Evaluation Report (CAPER) covers the reporting period from July 1, 2022 to June 30, 2023. It is the third CAPER Plan in the five -year 2020 – 2024 Consolidated Plan. The Consolidated Plan is a comprehensive planning document that serves as the guiding document for the use of funds from the HUD Community Development Block Grant entitlement program in the areas of housing and community development. The Action Plan, a component of the Consolidated Plan, identifies the specific activit ies the City will undertake during the Program Year . Both the Consolidated Plan and the Action Plan are implemented by City staff. The City was awarded an entitlement allocation of $284,949 in Community Development Block Grant (CDBG) funds for the 2022 Program Year (PY).
The CAPER identifies programs and activities that the City undertook during the 2022 PY to meet priority needs identified in the Consolidated Plan. In addition, the CAPER d iscusses actions that the City took to address barriers to public services for seniors, therapy for domestic violence victims, therapy and case management services to children, adults and families to support the recovery from trauma, and ADA improvements. The CAPER shows both annual accomplishments and the cumulative accomplishments for the Consolidated planning period. This CAPER shows progress towards goals from July 2022 through June 2023.
CARES Act – CDBG-CV-1 and CDBG-CV-3
Although not technically a part of the PY 2022 Annual Action Plan, the City is including a brief update regarding C ARES Act funding and spending in the CAPER . The City’s initial allocation of CDBG -CV-1 ($164,189) funds was the primary focus of the first substantial amendment to the 2020 Annual Action Plan approved by the City Council on September 22, 2020.
In addition to CDBG-CV-1 funds, on September 11, 2020, the City of Rocklin was also notified that it ha d received $299,113 in a third round of CDBG -CV-3 funding from the CARES Act . Approval of the second substantial amendment to the 2020 Annual Action Plan was approved by the City Council on August 10, 2021. All grant funds were not allocated during that amendment.
In an effort to create another opportunity to ac cept new or revised proposals to spend the remaining CDBG-CV-1 and CDBG -CV-3 funds available, a pproval of the third substantial amendment to the 2020 Annual Action Plan was approved by the City Council on October 11, 202 2. A complete list of CDBG- CV programs include:
423
CAPER 3
CDBG-CV-1
• KidsFirst - $45,000 for the Rental/Utility Assistance Program to respond to income reductions related to Coronavirus.
• Salvation Army – $39,000 for the Rental Assistance Program to respond to income reductions related to Coronavirus.
• Stand Up Placer - $15,000 for a Counseling Program to respond to the service needs of victims of domestic violence stemming from Coronavirus.
• The Gathering Inn - $45,189 for the Counseling Program to respond to the service needs of the homeless stemming from Coronavirus.
• The Gathering Inn - $20,000 for the Medical Clinic to prevent, prepare for, and respond to Coronavirus and its effects on homeless populations.
CDBG-CV-3
• Salvation Army – $20,000 for the Rental Assistance Program to respond to income reductions related to Coronavirus.
• St. Vincent De Paul – $44,125 for Senior and Disabled Food Bags / Basic Essentials Program.
• St. Vincent De Paul – $92,713.02 for the Rental/Utility Assistance & Essentials Program.
• The Gathering Inn - $142,274.98 for Direct Services for Rocklin Homeless due to COVID (Housing, Case Management, Drivers, Transportation, Food, Shelter, Day Services) / Rental Assistance.
HUD’s original deadline to spend 80% of the funds by September 1, 2023 has been revised to require that 100% of the funds be spent by September 1, 2026 and final spending and accomplishments data reported to HUD by November 9, 2026. At the time of this report’s preparation, $396,087.84 (85.5%) of CDBG-CV- 1 and CDBG -CV-3 funds have be en spent . The City’s focus will be to con tinue to work with the subrecipients to maximize their spending within the mandated timeframe.
Unspent Funds from PY 2022 / Carry over
There are two programs identified in the 2022 Annual Action Plan that we re unable to spend the total allocation amount awarded. Due to HUD’s 15% spending caps associated with the public services category, these unspent funds will be reallocated to public facilities for the ADA improvement project identified in the 2023 Annual Action Plan. The additional funds include:
• $2,886.85 unspent funds from PY 2022 Public Services ADA project, and 424
CAPER 4
• $90.06 unspent funds from PY 2022 KidsFirst program
The combined total of unspent funds that will be carried over to Public Services ADA project in PY 2023 is $2,976.91.
425
CAPER 5
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
CD1.1: Improve
safety and
accessibility in
public
Non-Housing
Community
Development
CDBG:
$185,216.85
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
2303 2800
121.58%
100 100 100%
CD2.3: Meet
senior nutrition
and social
needs
Non-Housing
Community
Development
CDBG:
$14,247.45
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 413 250
60.53% 45 138
306.67%
426
CAPER 6
Goal Category Source / Amount Indicator Unit of
Measure
Expected –
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected –
Program
Year
Actual –
Program
Year
Percent
Complete
CD2.4:
Provide
mental
health
services
Non-Housing
Community
Development
CDBG: $14,247.45
– Stand Up Placer
CDBG: $14,247.45
– KidsFirst
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
267 396
148.31% 65 327
503.08%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date 427
CAPER 7
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The use of CDBG funds enabled the City to address many of its highest priority needs in 2022-2023.
Public services, public facilities improvements, and activities to address senior nutrition, domestic violence victim services and counseling/therapy for those individuals, as well as, therapy services to children, adults and families to support the recovery from trauma were provided to 565 individuals in PY 2022. These services meet the basic needs of low- income households, victims of sexual and domestic abuse and human trafficking, including basic nutrition, therapy services, and improving accessibility through installation of ADA ramps on public streets.
Public facilities that serve low-income individuals and accommodate the needs of persons with disabilities as well as serving their basic infrastructure needs were addressed with the use of CDBG funds.
During PY 2022, the City:
• Continued to develop its relationships with private for- profit developers and non-profit housing providers to expand the availability of affordable housing. • Continued to participate in the Governance Committee of the "Homeless Resource Council of the Sierras" (HRCS) for the Nevada- Placer Continuum of Care (CoC) planning process on ending homelessness. Since December 2018, City Staff participated in the CoC's Community Engagement Committee to keep the public informed and extend assistance to as many people as possible. The HRCS is a collaborative association of service providers and governmental agencies who work together to strengthen the delivery system by integrating and coordinating housing, homeless assistance and supportive services.
• Continued to participate in regular meetings of the South Placer Homeless group organized by Placer County Health and Human Services.
428
CAPER 8
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 414
Black or African American 20
Asian 15
American Indian or American Native 4
Native Hawaiian or Other Pacific Islander 1
Other 11
Total 465
Hispanic 84
Not Hispanic 381
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
In PY 2022, resources targeted to special needs populations were allocated on a City -wide basis, where needs were identified and/or where resources could be coordinated with existing facilities and services.
The table above includes demographic data for families assisted through CDBG Services (Public Services- Senior Nutrition, Stand Up Placer Therapy Services and KidsFirst Therapy Services ). The Infrastructure Improvements activity was also targeted to neighborhoods with older infrastructure and lowest income levels. The City assigned the priority for each category based upon the overall relative need as expressed by members of the public with disabilities, resources rece ived and policies established by the City. The City will continue to pursue all available Federal, State and local resources and look to all segments of the community to assist with meeting homeless, affordable housing and community development needs.
429
CAPER 9
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal
$284,949 $281,972.09
Other CDBG-CV-1 and CDBG-CV-3 $463,302 $339,050.86
Table 3 - Resources Made Available
Narrative
The City of Rocklin was awarded $ 284,949 in PY 2022. The City has expended $281,972.09 which represents 98% of the total resources available in PY 2022. In addition, the City of Rocklin was awarded a total of $463,302 in CDBG-CV funds ($164,189 in CDBG-CV-1 funds and $299,113 in CDBG-CV-3 funds). At the time of this report’s preparation, the City has spent $339,050.86 in CDBG-CV-1 and CDBG-CV-3 funds combined in PY 2022. The total amount spent in PY 2021 and PY 2022 in CDBG-CV-1 and CDBG-CV-3 funds combined is $396,087.84. Rocklin is an "exception grantee" under the CDBG rules that relate to the use of CDBG funds to benefit low -income areas. Rather than a re sidential area needing to be comprised of 51% or more low-income households to be considered low-income, the City of Rocklin’s exception criteria is 47.31%. Areas that are within the upper quartile of low -income households are low-income areas for the purposes of CDBG funding. The data show that Rocklin has an overall Low-Moderate Income ( LMI) population of 28.08%. The programs that were funded using CDBG money in PY 2022 provided services to seniors, victims of sexual and domestic assault and human trafficking, disabled and therapy services to children, adults and families to support the recovery from trauma within the City of Rocklin.
Identify the geographic distribution and location of investments Target Area Planned
Percentage
of Allocation
Actual
Percentage
of Allocation
Narrative Description
Central
Rocklin/Downtown
area 65% 63%
Sidewalk repairs and accessibility
improvements to remove architectural
barriers in the public right-of-way and
improve safety for disabled persons.
Table 4 – Identify the geographic distribution and location of investments
Narrative
The Central Rocklin/Downtown area is a defined target area that describes a specific geographic area within the City of Rocklin . Infrastructure Improvements, in the form of ADA ramp improvements, were planned and constructed in this target area. The remaining funds, comprised of public services and 430
CAPER 10
administration, were spent on activities throughout the City of Rocklin. Based on the 2011-2015 American Community Survey (ACS) data provided to HUD by the US Census Bureau, the City's "upper quartile" is
47.31% as there is only one census tract within the City that contains 51% or more Low-Moderate Income (LMI) households.
431
CAPER 11
Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City has limited staff to acquire and administer additional sources of funding. However, the City has allocated $60, 479 from its Low Moderate Income Housing Asset Funds to The Gatherin g Inn to fund Homeless Prevention and Rapid Rehousing efforts and $15,000 from its Low Moderate Income Housing Asset Funds to St. Vincent De Paul to fund Homeless Prevention and Rapid Rehousing efforts . The City does not receive a formula allocation of HOME Investment Partnerships Program (HOME) funds. The City of Rocklin's Section 8 voucher program is administered by the City of Roseville's Housing Authority under contract with the City of Rocklin. The P lacer County Housing Authority also issues Section 8 vouchers in Rocklin.
432
CAPER 12
CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 0 0
Number of households supported through
Acquisition of Existing Units 0 0
Total 0 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
Sierra College Senior Apartments was recently approved in December 2022 which is expected to be a new 180 unit Senior affordable apartment project on the south side of Rocklin Road, just west of Havenhurst Circle.
The elimination of prior ongoing funding sources by the state of California, such as Redevelopment, has severely limited the City's ability to participate in funding of affordable housing. Through a contract with the Roseville Housing Authority, the City was able to provide 120 Section 8 vouchers throughout PY 2022.
Another 71 Section 8 vouchers were issued in Rocklin by the Placer County Housing Authority for a combined total of 191 Section 8 vouchers issued.
433
CAPER 13
Discuss how these outcomes will impact future annual action plans.
The City's goal is to increase the number of rental and purchase units affordable to very low, low and moderate-income households. The City will continue to pursue available Federal, State and local resources to the extent possible to address affordable housing needs. The City will meet the underserved needs of the homeless population through participa tion in a countywide Continuum of Care process and in partnership with supportive service providers. The City provided CDBG funding for a variety of public service activities to create or expand services that target underserved needs within the community.
Include the number of extremely low-income, low-income, and moderate-income persons served by each housing activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served
Narrative Information
The downturn of the housing market in the late 2000’s reduced the private market development of single- family homes and multi- family housing units. This has also reduced the availability of affordable homes for purchase and rental. Multi-family home developers have been affected by reductions or eliminations of a variety of funding sources. Now, the market is working to catch up with demand, particularly in the rental market. The City is challenged to develop new affordable housing units given the reduction of resources to subsidize affordable housing production.
434
CAPER 14
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
City staff has participated in regular committee meetings organized by the Homeless Resource Council of the Sierra (CoC) and Placer County H ealth and Human Services (HHS) Department from August 2015 to the present to consider homeless shelter needs and options in the county, as well as strategies to create permanent housing solutions. Attendees have included local agency staff from cities and counties, and numerous non-profits. The City of Rocklin will contin ue to coordinate with the County HHS and Placer County and serve on the Board for the Continu um of Care (CA-515) to implement the Strategic Plan to End Homelessness in Placer County as well as similar future planning endeavors to address homelessness.
Their mission is to bring people together in collaboration to develop, coordinate and support projects, services and resources that will enhance our partner's ability to end homelessness.
In PY 2021 and 2022 , two City Council Members and City staff including the City Manager and representatives from the Rocklin Police Department participated in facilitated regional discussions between City and County leaders throughout Placer County foc using on strategies to mitigate homelessness impacts and expand partnerships between law enforcement and social services, etc.
In late spring/early summer 2022 the City of Rocklin Police Department and Code Enforcement established a partnership with Place r County Probation and Health and Human Services encouraging their use of a Probation Outreach Vehicle (POV) to provide weekly outreach opportunities and connections with individuals experiencing homelessness in Rocklin. This purpose of the POV vehicle is to provide a weekly location that provides consistent services assistance and check in opportunities for probation with Rocklin individuals experiencing homelessness.
In PY 2022, the City of Rocklin awarded the St. Vincent De Paul with $15,000 in Low Moderate Income Housing Asset Funds for emergency rental assistance to be paid directly to landlords to prevent homelessness and all of those funds were expended. St. Vincent De Paul also serves hot meals and provides supplies, urgent and triage medical care to those in need. The Gathering Inn has a Saturday health clinic, a clothing closet, and laundry facilities. The Placer County Adult System of Care has a street outreach program that is successfully engaging people. Placer County's Continuum of Care (CoC) conducted a Point in Time count (PIT) in January of 2023. The PIT provides the homeless assistance community with the data needed to understand the number and characteristics of persons who are homeless at one point-in-time. A PIT count survey was conducted to document sheltered and unsheltered homeless on the night of January 25, 2023. There were 295 sheltered and 414 unsheltered for a total of 709 homeless person counted throughout Placer County as a whole (including all inco rporated Cities).
Countywide numbers in 2023 were down slightly compared to the 750 individuals that were reported 435
CAPER 15
Countywide in 2022. In the City of Rocklin specifically, there were 14 sheltered and 34 unsheltered invidivuals counted in 2023 for a total of 48 homeless persons.
Addressing the emergency shelter and transitional housing needs of homeless persons In PY 2022, the Gathering Inn received $60,479 from the City's Low Moderate Income Housing Asset Fund dollars for Homelessness Prevention and Rapid Rehousing activities to assist the homeless with social, health and case management services. This organization is a nomadic sheltering program offering overnight accommodations for up to 65 homeless persons and is the only overnight emergency shelter in Placer County serving all demographics of individuals experiencing homelessness. There are 28 hosting churches of which 7 are located in Rocklin. The organization helps homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitates access for homeless individuals and families to affordable housing units, and prevents individuals and families who were recently homeless from becoming homeless again. The Gathering Inn served a total of 657 unsheltered individuals through its four emergency shelter & interim care programs and provided 5 6,214 bed nights of care to homeless men, women, and children in Placer County. Of those served, 28% of all guests were placed into housing through the Gathering Inn’s housing-based case management in fiscal year ending June 2023. The CoC evaluates services and identifies gaps in homeless services at least annually.
The collaboration with the Placer Consortium on Homelessness is one of the City's mechanisms to prevent homelessness in the City of Rocklin. Partnership with The Gathering Inn is also a way to assist the needs of the homeless through education and services. Homeless priorities have been established within the framework of the Homeless Resource Council of the Sierras; the priorities have been set as: emergency shelter, transitional housing, permanent supportive housing, and rapid re-housing. Most housing options for the homeless indiv iduals and families are in permanent supportive housing programs; with only temporary openings because of a change in status of a resident. In comparison, except for victims of domestic violence, there are very few beds available in emergency shelter situations. There were 288 emergency beds in PY 22. 5 beds are from the Advocates for Mentally Ill Housing, 32 beds are from Project Roomkey, 16 beds are from North Tahoe-Truckee Homeless Services, 46 beds are from Stand Up Placer, 15 beds are from VOAThe 174 remaining beds are at the Gathering Inn. This number fluctuates depending on the need.
Emergency shelter is identified as a high -priority, while Transitional housing and Supportive housing are identified as a medium-priority. The need for emergency shelter, mental health services, substance abuse treatment, and emergency food and clothing exists, especially for some subpopulations, such as those with severe mental illness or individuals who are chronically homeless (who have had regular or continued periods of homelessness). Emergency shelter may be used as engagement housing in order to build trust until such time as the client is ready to move into a permanent supportive housing situation.
436
CAPER 16
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs In PY 2016, City staff constructed a list of services offered to Rocklin residents that need physical and mental health services, foster care, food and other assistance in order to better pair the services to those who need them. In PY 2022, City staff continued to add to the list as they became aware of new services.
The City of Rocklin collaborates with the Placer Consortium on Homelessness as a mechanism to prevent homelessness. Family Resource Centers are located close to where people need services, are welcoming, have bilingual staff, and pro vide numerous services to low -income families, including families who are homeless. The CoC works with the Food Closet Collaborative to make sure that all Food Closets are informed about services. There are some families who live in outlying areas with lit tle to no connection to services; therefore, outreach is typically provided though the Food Closets. The CoC will continue to review local health information and trends for both counties annually. The CoC will continue to work closely with the school Homeless Liaisons.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
Local service providers are applying for and have received Rapid Rehousing and Homeless Prevention funds to assist homeless families and individuals. In planning the housing needs of these populations, the CoC considers the housing needs of families and individuals. The scattered site housing programs serve both populations. There are emergency beds, transitional housing beds, and permanent supportive housing beds currently serving families. Domestic violence, substance abuse, mental and physical disabilities can all contribute toward individual and family homelessness. There are collaborative community efforts to provide coordinated services to those in need of assistance. The designation of chronic family homelessness is very helpful in focusing services on the most vulnerable populations first.
The City also coordinated with surrounding jurisdictions in the provision of housing assistance and related services to homeless persons.
The Gathering Inn helps homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience ho melessness, facilitates access for homeless individuals and families to affordable 437
CAPER 17
housing units, and prevents individuals and families who were recently homeless from becoming homeless again.
438
CAPER 18
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City does not have public housing within its jurisdiction, however the City of Rocklin contracts with The Roseville Housing Authority to operate and administer the Housing Choice Voucher (HCV) Section 8 Rental Assist ance Program which serves both the cities of Roseville and Rocklin. The Placer County Housing Authority provides Section 8 vouchers to Rocklin residents as well.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City does not have public housing within its jurisdiction and therefore this section does not apply.
Actions taken to provide assistance to troubled PHAs
The City does not have public housing within its jurisdiction and therefore this section does not apply. 439
CAPER 19
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) The City of Rocklin is committed to removing or reducing barriers to affordable housing w henever possible. Barriers to affordable housing identified in the City's Analysis of Impediments to Fair Housing Choice, include: 1) Lack of sufficient affordable housing supply ; 2) Loss of affordable units ; and 3) Need for rental subsidy for lower- income households. During PY 20 20, the City has continued to ensure the availability of adequate sites for the development of affordable housing and has researched state and federal funding sources to support efforts to construct affordable housing. The City continues to support opportunities for the redevelopment or re- use of underutilized parcels, particularly for high density and affordable housing development. The City has over 200 condominiums that must remain affordable to persons of low or moderate income. City staff verifies program participant's income and administers the program.
Sierra College Senior Apartments was recently approved in December 2022 which is expected to be a new 180 unit Senior affordable apartment project located on the south side of Rocklin Road, just west of Havenhurst Circle.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Consistent with priority needs identified in the Consolidated Plan, during PY 2022 the City provided funding for the following activities that addressed priority special needs populations:
The City provided CDBG funds to Seniors First to administer a Senior Nutrition program, which provides hot meals to seniors in need. The City provided CDBG funds to Stand Up Placer to pro vide additional therapy services, crisis intervention and advocacy services to Rocklin residents. The City provided CDBG funds to KidsFirst to provide therapy services to children, adults and families to support the ir recovery from trauma The City provided Low Moderate Income Housing Asset funds to The Gathering Inn to provide case management, temporary housing and other support services to serve individuals and families facing homelessness. In Addition, the City prov ided Low Moderate Income Housing Asset funds to St. Vincent De Paul for emergency rental assistance to be paid directly to landlords to prevent homelessness.
Other Federal, State and local resources, including funds from charitable organizations and privat e donations, were made available to service providers to assist special needs populations. Service providers received these funds directly. Maintaining a partnership with The Placer Consortium on Homelessness and Affordable Housing (PCOH) has helped to add ress and reduce obstacles to meeting underserved needs. In addition, the City's Housing Element includes recommendations and programs to alleviate obstacles to meeting underserved needs. The City will continue to use CDBG dollars to address 440
CAPER 20
underserved needs and to provide education about services and service providers to the extent feasible.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Maintaining a partnership with PCOH has helped to address and reduce obstacles to meeting underserved needs. In addition, The City of Roseville Housing Authority and Placer County Housing Authority administer the Housing Choice Voucher Section 8 Rental Assistance Programs, of which an inspection is required of painted surfaces for the discovery of the potential presence of lead-based paint. If the inspection conducted identifies that a potential hazard exists, the program requires the rehabilitation contractor or homeowner to follow HUD guidelines for mitigation or removal of the lead- based paint hazard. The City also requires that property owners properly maintain their dwelling units.
Complaints of deteriorating surfaces containing lead-based paint, and posing a hazard to occupants are reportable to the Placer County Environmental Health Department and represent a potential County Health Code violation subject to appropriate mitigation by the property owner. The City's Housing Element includes recommendations and programs to alleviate obstacles to meeting underserved needs.
The City will continue to use CDBG dollars to address underserved needs and to provide education about services and service providers to the extent feasible. Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
During PY 2022, the City of Rocklin took the following actions to reduce the incidence of poverty within the City's jurisdiction:
$60,479 in Rocklin Low Moderate Income Housing Asset funds were allocated to The Gathering Inn. Funds were geared toward Rocklin individuals and families who are homele ss or at risk of becoming homeless, and those persons living below the poverty level. The City of Rocklin assisted households by identifying and linking residents to various housing, social services and educational programs. $15,000 in Rocklin Low Moderate Income Housing Asset funds were allocated to St. Vincent De Paul.
Funds were geard toward Rocklin individuals and familes for emergency rental assistance to be paid directly to landlords to prevent homelessness.
City Staff continues to work with new and existing business owners, developers and local business associations to promote its policy of ensuring a healthy job/housing balance which fosters a variety of jobs with varying levels of skill and training to strengthen the current local economy.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City has continued to rely on the Rocklin Housing Division to administer its housing programs and implement housing policies. The Housing Division administers affordable housing homeownersh ip programs and down payment assistance programs, in addition to oversite of CDBG subrecipients and related activities. The Housing Division also provides program and resource information and referrals to residents; including referrals to homeless assistan ce, fair housing, legal services, etc. The programs 441
CAPER 21
administered by the Housing Division are funded through a variety of public and private sources, including Federal, State and City funding under local affordable housing requirements. The City is the lead agency for allocated CDBG funding and has established goals under the Entitlement Program to integrate planning and projects in correlation with community needs and priorities.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City has continued to support services that meet the needs of Rocklin residents. The Housing Division acts as a liaison between other public and private agencies to maximize service to Rocklin residents and prevent the duplication of services. The City of Roseville's Housing Authority administers the Section 8 program for the City of Rocklin, under contract. Section 8 vouchers are also issued in Rocklin by the Placer County Housing Authority. The City will continue to provide assistance to outside organizations when necessary and as funds are available.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City has completed several of the implementation tasks identified in the Analysis of Impediments to Fair Housing. Many of them have been ongoing tasks that have been addressed throughout the year.
Fair Housing pamphlets and literature are also made available to the public. Housing Division staff continues to further their knowledge of fair housing laws and issues, including making pamphlets and news articles available to staff. Housing Division staff continues to address all housing-related complaints, including those regarding discrimination. In the case of alleged discrimination, those residents are provided with information regarding fair housing law, a HUD discrimination complaint form, and referrals to legal services, the State Department of Fair Housing and Employment, and other appropriate agencies.
442
CAPER 22
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
Each year, the City conducts a risk assessment of sub-recipients to determine the need for monitoring. All sub-recipients are subject to an annual risk assessment and on-site monitoring visit to ensure compliance with the CDBG program requirements. The City of Rocklin has developed a monitoring system to ensure that the activities carried out in the furtherance of the Consolidated Plan are done in a timely manner and in accordance with the federal monitoring requirements of 24 CFR 570.501 ( b) and 24 CFR 85.40 and all other applicable laws, regulations, policies, and sound management and accounting practices. In April and May of 2023, City Staff conducted on-sight monitoring visits to KidsFirst (2022 Standard CDBG Counseling Program), Stand Up Placer (2022 Standard CDBG Counseling/Advocacy Services ), Seniors First (2022 Standard CDBG Meals on Wheels Program ), St. Vincent De Paul (CDBG-CV-3 Food Bags and Rental Assistance), Salvation Army (CDBG-CV-1 and CDBG-CV-3 Rental Assistance Programs), and The Gathering Inn (CDBG-CV-1 and CDBG-CV-3 Counseling Program, Medical Clinic and Direct Shelter Services, and Low Moderate Income Housing Asset Funds - Homelessness Prevention Rapid Rehousing activities.
In terms of the actions taken for compliance with minority business outreach and comprehensive planning requirements, the City’s Notice to Bid is advertised in the local paper twice (two consecutive weeks), posted on the City’s website and on CIPList.com. The CIPList.com subscribers include many minority or women owned businesses.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
A notice of the Draft CAPER’s availability, public review period ( July 28, 2023 through August 14, 2022) and anticipated public hearing date of September 12, 2023 was published in the Placer Herald newspaper on July 27, 2023.
The City notified public service agencies directly via an email to local non -profit collaborations (Placer Collaborative Network and Placer Consortium on Homelessness) regarding the availability of the 2022 CAPER and attached e lectronic copies /links of the public review/hearing notice and Draft document.
These organizations provide services to minorities and non-English speaking persons, as well as, persons with disabilities. The City encourages all agencie s who receive these ty pes of notices to share this information with their clients and other organizations who may be interested in the Draft CAPER. 443
CAPER 23
Comments on the Draft Plan are due on Monday, August 14, 2023.
The CAPER will be submitted to HUD by September 29, 2023 for review.
444
CAPER 24
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
In PY 2021, there were no carry over of funds to PY 2022. Because of the success of all the programs, the City did not identify the need for any program changes.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
445
CAPER 25
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0 0 0 0 0
Total Section 3 Worker Hours 0 0 0 0 0
Total Targeted Section 3 Worker Hours 0 0 0 0 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF Outreach efforts to generate job applicants who are Public Housing Targeted Workers 0 0 0 0 0
Outreach efforts to generate job applicants who are Other Funding Targeted Workers. 0 0 0 0 0
Direct, on-the job training (including apprenticeships). 0 0 0 0 0 Indirect training such as arranging for, contracting for, or paying tuition for, off-site training. 0 0 0 0 0
Technical assistance to help Section 3 workers compete for jobs (e.g., resume assistance, coaching). 0 0 0 0 0
Outreach efforts to identify and secure bids from Section 3 business concerns. 0 0 0 0 0
Technical assistance to help Section 3 business concerns understand and bid on contracts. 0 0 0 0 0
Division of contracts into smaller jobs to facilitate participation by Section 3 business concerns. 0 0 0 0 0
Provided or connected residents with assistance in seeking employment including: drafting resumes,preparing for interviews, finding job opportunities, connecting residents to job placement services. 0 0 0 0 0
Held one or more job fairs. 0 0 0 0 0
Provided or connected residents with supportive services that can provide direct services or referrals. 0 0 0 0 0
Provided or connected residents with supportive services that provide one or more of the following: work readiness health screenings, interview clothing, uniforms, test fees, transportation. 0 0 0 0 0
Assisted residents with finding child care. 0 0 0 0 0
Assisted residents to apply for, or attend community college or a four year educational institution. 0 0 0 0 0
Assisted residents to apply for, or attend vocational/technical training. 0 0 0 0 0 Assisted residents to obtain financial literacy training and/or coaching. 0 0 0 0 0 Bonding assistance, guaranties, or other efforts to support viable bids from Section 3 business concerns. 0 0 0 0 0
Provided or connected residents with training on computer use or online technologies. 0 0 0 0 0
Promoting the use of a business registry designed to create opportunities for disadvantaged and small businesses. 0 0 0 0 0 Outreach, engagement, or referrals with the state one-stop system, as designed in Section 121(e)(2) of the Workforce Innovation and Opportunity Act.
0 0 0 0 0
Other. 0 0 0 0 0
Table 9 – Qualitative Efforts - Number of Activities by Program
446
CAPER 26
Narrative
Section 3 did not apply to any programs in PY 2022. Therefore, the above section does not apply.
447
City Council
Staff Report
Subject:
Sidewalk Vending Regulations
Date:
September 12, 2023
Submitted By:
David Mohlebrok, Director of Community Development
Ryan Taylor, Code Enforcement Program Manager
Department:
Community Development
Recommendation:
A
.
Conduct a Public Hearing to consider testimony.
B
.
Introduce, Waive the Full Reading and Read by Title Only, an Ordinance of the City Council of the City of Rocklin Adding Chapter 5.26 to Title 5 of the Rocklin Municipal Code to Establish Sidewalk Vending Regulations.
Background:
As this item includes the introduction of an Ordinance, a two-meeting process is required. At the first meeting the City Council shall conduct a public hearing, complete deliberation, provide staff with direction (if appropriate) as to any desired modification(s) to the draft Ordinance (Attachment 1).
This Ordinance would add Chapter 5.26 to Title 5 of the City of the Rocklin Municipal Code to establish sidewalk vending regulations citywide.
Senate Bill (SB) 972, passed in 2022, created a new regulatory framework that completely decriminalizes sidewalk food vending. Previously, criminal enforcement of sidewalk food vending was a valuable tool in combatting what cities may have perceived as a public health nuisance. Now, violations are no longer misdemeanor or infraction offenses and are only subject to administrative citations.
SB 946, passed in 2018, was the first step in decriminalizing sidewalk vending. However, it left cities the ability to enforce county health codes adopted by reference through the California Retail Food Code. This allowed cities to criminally cite sidewalk food vendors for failing to have the required county health permits for vending food. Now, SB 972 closes that gap by decriminalizing the California Retail Food Code. Cities can still conduct routine inspections of carts and preparation kitchens – though they are only able to issue administrative citations for violations.
The law creates a new category, a “compact mobile food operation,” or CMFO, which is Item Number 4C.
448
defined as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack or other nonmotorized conveyance.
However, such an operation would still be restricted to limited food preparation. Limited food preparation is generally limited to heating, frying, baking, roasting, shaving of ice, blending, steaming of hot dogs or assembly of non-prepackaged food. It also includes the holding, portioning and dispensing foods that are prepared at a catering operation. Under these regulations, potentially hazardous foods would be considered raw meats, milk or items that normally require refrigeration. It is possible that limited food preparation includes the preparation of raw meats, but such an operation would have to meet further sanitary guidelines, such as having a three-compartment sink with an adequate potable water supply.
Preparing potentially hazardous foods on a compact mobile food operation that does not meet specific sanitary requirements for potentially hazardous foods would be a violation and subject to an administrative citation.
SB 972 also affects existing regulation of cottage food operations and microenterprise home kitchens. A cottage food operation can sell home-cooked foods directly to the public and a microenterprise home kitchen allows an individual to operate a restaurant in their private residence. With SB 972, a cottage food operation or microenterprise home kitchen can now be used as a commissary or mobile support unit for up to two compact mobile food operations.
However, they would still be subject to public health enforcement to ensure protection from contamination and adequate cooling and storage.
SB 972 attempts to facilitate greater access for food vendors to get the required county and city approvals for food vending permits. The bill provides that counties may approve a food cart design which meets safety requirements, in lieu of approving individually manufactured carts. The legislature’s hope was that by easing the process to come into compliance with the law, it will incentivize greater compliance than that which currently exists.
Local jurisdiction still retains their authority to criminally enforce against food vendors operating on private property and not in the public right of way.
The following is a summary of local regulations that are, and are not allowed per SB 946.
Prohibited
Allowed
Cannot require a sidewalk vendor to operate
within specific parts of the public right of way
except when the restriction is directly related
to objective health, safety or welfare concerns.
May prohibit stationary sidewalk vendors in
areas that are zoned exclusively residential,
but cannot prohibit roaming sidewalk vendors.
449
Cannot prohibit a sidewalk vendor from selling
food or merchandise in a City park except, the
City may prohibit stationary sidewalk vendors
from vending in the park if the City has signed
an exclusive concessionaire agreement.
Requirements regulating the time, place, and
manner of sidewalk vending in a City park if:
Directly related to objective health,
safety, welfare concerns.
Necessary to ensure the public’s use
and enjoyment of natural resources and
recreational opportunities.
Necessary to prevent an undue
concentration of commercial activity that
unreasonably interferes with scenic and
natural character of the park.
Cannot restrict the overall number of sidewalk
vendors permitted to operate within the City
unless the restriction is directly related to
objective health, safety or welfare concerns.
Can require:
Limitations on hours that are not unduly
restrictive. If non-residential, must not be
more restrictive than imposed on other
businesses or uses on the same street.
Vendors to maintain sanitary conditions.
Compliance with the “American
Disabilities Act” and other disability
access standards.
Permits for sidewalk vending and/or a
valid business license.
State Department of Tax and Fee
Administration seller’s permit.
Additional licenses from other state or
local agencies to the extent required by
law.
Information about operations (name,
mailing address, description of items for
sale, name and business address of
business principal).
Cannot require a sidewalk vendor to first
obtain the consent or approval of any
nongovernmental entity or individual before
selling food or merchandise.
Can prohibit vendors in areas located within
the immediate vicinity of a certified farmers’
market during the market’s hours of operation,
or in area designated for a temporary special
permit, for the limited duration of the
temporary special permit.
The following is a summary of the local regulations that are, and are not allowed per SB 972.
SB 972 Changes
Before January 1, 2023
After January 1, 2023
450
Food carts or other unenclosed Mobile Food
Facilities (MFFs) could only heat and hot hold
specific foods such as hot dogs, tamales, and
corn on the cob.
CMFO may dispense and portion for
immediate service, any temperature-controlled
foods (hot or cold).
Food carts or other unenclosed MFFs may not
slice or chop any food unless on a heated
cooking surface.
CMFO may slice or chop non-potentially
hazardous food such as baked goods and
produce that has been previously washed.
Food carts or other unenclosed MFFs must be
fully contained.
CMFO not handling raw meats, poultry or fish
may utilize a permitted auxiliary conveyance at
a site-specific location containing
handwashing and ware-washing sinks.
CMFO may operate from a stand or individual
(carry product) if the CMFO only sells non-
potentially hazardous food or produce. CMFO
with under 25 ft² of display area selling only
non-potentially hazardous food or whole, uncut
produce are exempt from permitting with
PCEH.
MFFs must be operated in conjunction with a
permitted commissary kitchen.
CMFO may operate in conjunction with a
permanent food facility or commissary or a
permitted Cottage Food Operation.
MFF must be stored at the approved
commissary when not operating.
Unless prohibited by local ordinance CMFO
may be stored in a private home or permitted
Cottage Food Operation when not operating.
In order to better regulate sidewalk vending in the City of Rocklin, and based upon recent state legislation, staff has drafted the following regulations for City Council’s review and consideration !Attachment 1, Sidewalk Vending Ordinance):
RMC Title 5, Chapter 5.26 –Sidewalk Vending
In summary, the proposed regulations provide the following:
1 .
Purpose – establishing a street and sidewalk vendor permitting and regulatory program that complies with Senate Bill 946 and Senate Bill 972. 2 .
Definitions - various terms and phrases used in the chapter. 3 .
Business License and Sidewalk Vending Permit Required – every person who engages in sidewalk vending is a vendor and shall, first obtain, and at all times maintain, a valid business license and permit.
451
4 .
Requirements for Permit Application – required documentation and information from sidewalk vendor’s subject to review and potentially denial. 5 .
Identification Number; Confidentiality – requirement for vendors to provide identification that will be treated as confidential and not open to public records request, unless, as required, to comply with state law or state or federal court. 6 .
Issuance of Sidewalk Vending Permit – this section provides the ability for the City to apply appropriate conditions on sidewalk vending permits. 7 .
Operational Requirements – sidewalk vending activities shall be conducted in a time, place and manner outlined within the operational requirements. 8 .
Location of Carts –locations where vending activities are prohibited and allowed. 9 .
Special Requirements for Sale of Food – special requirements to ensure vendor is not only in compliance with the City ordinance, but follows all county and state permitting and licensing.
10 .
Exceptions – activities and businesses not applicable to this chapter. 11 .
Penalties – establishes penalties for vendors conducting business without a valid permit or license, and a separate set of penalties for vending in violation of conditions of the permit.
12 .
Denials, Suspension or Revocation of Sidewalk Vending Permit – conduct requiring the denial of an application or revocation or suspension of a permit. 13 .
Appeals – ability for the vendor to appeal penalties or suspension and revocation of street and sidewalk vending permit.
Fiscal Impact:
There would be no fiscal impact if the City Council adopts an Ordinance establishing sidewalk vending regulations. The monitoring and enforcement of such are considered to be functions of existing City staff.
ATTACHMENTS:
1. Ordinance - Sidewalk Vending Regulations
452
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADDING CHAPTER 5.26 TO TITLE 5 OF THE ROCKLIN MUNICIPAL CODE
TO ESTABLISH SIDEWALK VENDING REGULATIONS
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws;
WHEREAS, the City Council finds it necessary to update, consolidate, and streamline the Rocklin Municipal Code (“RMC”) periodically to comply with recent law enactments and decisions and to achieve more efficient enforcement of code violations to promote public health, safety, and welfare;
WHEREAS, in light of recent state law enactments and decisions as well as recent efforts to ensure more efficient enforcement of Rocklin Municipal Code and other laws which the City is empowered to enforce, the City Council has identified amendments and adoptions to be made to the Rocklin Municipal code relating to regulations on sidewalk vending; WHEREAS, recent California Senate Bill 946, codified in Government Code sections 51036 to 51039, limited local authorities’ ability to regulate street vendors, including methods of enforcement, and as a result, the City Council has identified key changes to provide enforcement practices in the RMC to comply with the new law; WHEREAS, on January 1, 2023, Senate Bill 972 was codified in the California Retail Food Code establishing a newly defined mobile food facility known as a “compact mobile food operation” (CFMO) which will allow for new types of carts; WHEREAS, the City wishes to ensure that the RMC’s provisions for sidewalk vending and regulation of compact mobile food operations are consistent with state law for accuracy of enforcement and transparency for the public; and
WHEREAS, said amendments and adoptions of the Rocklin Municipal Code are permitted by law, including the California Constitution, Government Code, and Civil Code.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The findings and recitals set forth above are true and correct.
Section 2. Purpose. The purpose of this ordinance is to establish a sidewalk vendor regulatory program that complies with Senate Bill 946 and Senate Bill 972 within the City of Rocklin.
453
Ordinance No.
Section 3. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section VII of the California Constitution and Government Code section 37100.
Section 4. Amendment. Chapter 5.26 of Title 5, of the Rocklin Municipal Code is hereby amended in its entirety to read as follows:
Chapter 5.26 – Sidewalk Vending
Sections:
5.26.010 Purpose.
5.26.020 Definitions.
5.26.030 Business License and Sidewalk Vending Permit Required.
5.26.040 Requirements for Permit Application.
5.26.050 Identification Number; Confidentiality.
5.26.060 Issuance of Sidewalk Vending Permit.
5.26.070 Operational Requirements.
5.26.080 Location of Carts.
5.26.090 Special Requirements for the Sale of Food.
5.26.100 Exceptions.
5.26.110 Penalties.
5.26.120 Denials, Suspension or Revocation of Sidewalk Vending Permit
5.26.130 Appeals
5.26.010 Purpose.
The purpose of this chapter is to establish a sidewalk vending permitting and regulatory program that complies with Senate Bill 946 (Chapter 459, Statutes 2018) and Senate Bill 972 (Chapter 459, Statutes 2022). The provisions of this chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety, and welfare.
5.26.020 Definitions.
A. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
B. As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise:
1. "Cart" collectively means a stationary cart or mobile cart as defined in “Compact mobile food operation”.
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Ordinance No.
2. “Compact mobile food operation (CMFO)” is defined as a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
3. "Certified farmer's market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000), of Division 17 of the California Food and Agricultural Code and any regulations adopted pursuant to that chapter.
4. "Citation" means an administrative citation issued pursuant to section 5.26.110 of this Code, unless otherwise specified.
5. "City" means the City of Rocklin, a municipal corporation.
6. "Department" means the community development department of the city.
7. "Food" means any type of edible substance or beverage.
8. "Goods or merchandise" means any item that is not food.
9. "Person or persons" means one or more natural persons, individuals, groups, businesses, business trusts, companies, all domestic or foreign corporations, joint stock corporations, joint ventures, partnerships of every kind, entities, syndicates, associations, clubs, societies or organizations of any kind composed of two or more individuals, other than as an employee.
10. “Public Property” means any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City, other than a street, alley, or parkway.
11. “Recreation area” means all parks, places, greenbelts, gardens, and any other property owned by the city, including structures thereon, used, operated or maintained for recreational purposes, whether active or passive. The term “owned” shall mean any property interest under which the city operates, maintains or controls such property.
12. “Residential” means any area zoned exclusively as residential in Title 17 or designated exclusively, or partially, for residential use as part of a Planned Community Zoning District, Planned Community Development Plan, Planned Residential District, Specific Plan, Specific Plan Area, General Development Plan, or a residential overlay district or their equivalent.
13. "Roaming Sidewalk Vendor" means a person who moves from place to place and only stops to complete a transaction.
14. "Sidewalk" means any surface in the public right-of-way provided for the exclusive use of pedestrians, including sidewalk, alleys, and parkway trails or paths.
15. "Sidewalk vending receptacle" or “sidewalk vendor receptacle” is a piece of equipment used for vending, including a CMFO, mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, pushcart, or other non-motorized conveyance, or from one's person, upon a sidewalk or other pedestrian path. These non-motorized conveyances exclude vehicles, as defined in 455
Ordinance No.
the Vehicle Code of the State of California, from which food or beverages are offered for sale to the public.
16. “Sidewalk vendor” or “vendor” means a person(s) who sells food or merchandise from a sidewalk vending receptacle or from one’s person, upon public property.
17. “Sidewalk vendor activities” or “sidewalk vending activity” means actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vending receptacles.
18. "Stationary Receptacle" means a piece of equipment used for vending which has no motor and is not mobile except when being pushed, carried or transported to and from a space on the sidewalk on a daily basis, such as a rack, stand, table, display or showcase.
19. "Stationary sidewalk vendor" means a vendor who vends from a fixed location.
20. "Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the California Business & Professions Code, and any regulations adopted pursuant to that article, or any successor chapter.
21. "Vend, vends or vending" means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation on public property.
22. "Business License" is tax from the city finance division, required for each person who vends in accordance with this chapter in the city.
23. " Sidewalk Vending permit" is written approval required for each vending receptacle used for vending in the city.
5.26.030 Business License and Sidewalk Vending Permit Required.
A. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a valid City business license in accordance with 5.04.060 and related sections of 5.04 of Title 5, and complying with all requirements of the business license.
B. No person shall operate as a sidewalk vendor without first obtaining, and at all times maintaining, a sidewalk vending permit in accordance with this Chapter, and complying with all requirements of the permit.
C. The sidewalk vending permit shall be valid for one year unless revoked or suspended prior to expiration. An application to renew a sidewalk vending permit under this section shall be made not less than thirty days prior to the expiration of the current permit. A valid business license shall be applied for or renewed concurrently with the sidewalk vending permit each year.
D. A separate business license and sidewalk vending permit shall be required for each cart or compact mobile food operation (“CMFO”).
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5.26.040 Requirements for Permit Application.
A. An application for a sidewalk vending permit for sidewalk vending shall include all of the following, to the extent applicable:
1. The name, address, and telephone number of the applicant and each person who will operate the cart.
2. A photo identification of the applicant and each person who will operate the cart.
3. A description of the cart, including dimensions of the cart, and a photograph of the cart.
4. A complete list of the food or merchandise to be displayed, exchanged or sold.
5. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
6. The vendor’s California seller’s permit number (California Department of Tax and Fee Administration sales tax number).
7. A City of Rocklin business license.
8. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs, and expenses (including without limitation attorney’s fees, disbursements, and court costs) of every kind and nature whatsoever which may arise from or in any manner related (directly or indirectly) to the street and sidewalk vending permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding.
9. An acknowledgement that the use of public property is at the sidewalk vendor’s own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at their own risk.
10. An acknowledgement that the sidewalk vendor will obtain and maintain throughout the duration of any sidewalk vending permit issued under this chapter any insurance required by city risk management.
11. A copy of any license or permit required from any other state or local agency that is required by law, including, but not limited to, a copy of any required permit from the county health department, if required.
12. A certification by the applicant that to his or her knowledge and belief, the information contained in the application is true.
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5.26.050 Identification Number; Confidentiality.
A. Notwithstanding any other requirement in this code, an applicant for a business license or sidewalk vending permit to operate as a sidewalk vendor shall not be required to submit a social security number for the issuance of such license or permit. In lieu of an otherwise required social security number, the City shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number along with a permit application, which must be provided at time of application. Identification numbers submitted under this Chapter shall not be made available to the public for inspection, shall be treated as confidential, and shall not be disclosed except as required to administer the license or permit program or to comply with a state law or state or federal court order.
5.26.060 Issuance of Sidewalk Vending Permit.
A. Within thirty (30) calendar days of receiving a complete application, the Community Development Director, or designee, may issue a sidewalk vending permit, with appropriate conditions, as provided for herein, if he or she finds based on all of the relevant information that:
1. The conduct of the sidewalk vendor will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceful enjoyment of their property, or otherwise be detrimental to the public peace, health, and safety or general welfare.
2. The conduct of the sidewalk vendor will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the incurring costs or expenditures in either money or personnel not reimbursed in advance by the sidewalk vendor.
3. The conduct of such sidewalk vending activity will not constitute a fire hazard, and all proper safety precautions will be taken.
4. The conduct of such sidewalk vending activity will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City.
5. The sidewalk vendor has paid all previous administrative fines, completed all community service, and completed any other alternative disposition associated in any way with a previous violation of this chapter.
6. The sidewalk vendor has not had a sidewalk vending permit revoked within the past twelve (12) months.
7. The sidewalk vendor’s application contains all required information.
8. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process.
9. The sidewalk vendor has satisfied all the requirements of this chapter. 458
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10. The sidewalk vendor has paid all applicable fees as set by City Council resolution.
11. The sidewalk vendor’s proposed activities shall conform to the requirements of this chapter.
12. The sidewalk vendor has adequate insurance to protect the City from liability associated with the sidewalk vendor’s activities, as determined by city risk management, and, if required by the City, the City has been named as an additional insured.
13. The sidewalk vendor has satisfactorily provided all information requested by the Community Development Director, or designee, to consider the vendor’s application.
B. A sidewalk vending permit is nontransferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new street and sidewalk vending permit under this chapter.
5.26.070 Operational Requirements.
A. Each cart used by a sidewalk vendor must display a valid sidewalk vendor permit at all times, which shall be issued by the City, and shall also display all county and state permitting and licensing requirements for the preparation and sale of food.
B. All sidewalk vendors shall comply with the terms and conditions of the sidewalk vending permit and shall not sell any food or merchandise that was not listed in the sidewalk vending permit application.
C. Stationary sidewalk vendors are prohibited from vending in any exclusively residential zone; however, roaming sidewalk vendors shall not be prohibited from operating in such zones.
D. In order to prevent obstructions of the public right-of-way, the total display area footprint of the cart, including the cart itself and any accompanying display, signage, or related items shall not exceed a length of 72 inches, a width of 54 inches, or a height, including roof, awning, or canopy, of 78 inches.
E. In order to prevent obstructions of the public right-of-way, no sidewalk vendor shall set up or allow use of an additional structure, including a table, crate, carton, or rack, to increase the selling display capacity of the cart unless such item explicitly is allowed in the sidewalk vending permit obtained by the sidewalk vendor.
F. In order to preserve sanitary conditions in all public rights-of-way, all sidewalk vendors shall provide a trash receptacle for customers and must ensure proper disposal of customer and vendor trash. The trash receptacle must be large enough to accommodate customer trash without resort to existing city trash receptacle located on any block used by the general public. A sidewalk vendor may not dispose of customer trash in existing trash receptacles on sidewalks.
G. In order to prevent damage to public property and prevent obstructions of the public right- of-way, no cart may be chained or fastened to any pole, sign, tree, or other object in the public right-of-way.
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H. In order to preserve the safety of the public, and prevent misuse of carts, no cart may be left unattended at any time. Carts left unattended on the public right-of-way will be immediately removed by the city for safe keeping and a notice of removal will be posted in the area with instructions on how to reclaim the cart. Any perishables on the cart will be discarded after removal.
I. In order to preserve the safety of the public, to prevent misuse of carts, and to prevent obstructions of the public right-of-way, no cart may be stored, parked, or left overnight on any public street or right-of-way, or within a public park or other public property.
J. In order to preserve the safety of vehicular travels, no sidewalk vendor may solicit business from or conduct business with a person in motor vehicles.
K. In order to preserve the safety of vehicular travelers and pedestrians, and preserve public peace and welfare, no cart may be outfitted with any equipment, signage, or mechanism that endangers or detracts from the health, safety, or welfare of the public by causing an excessive distraction to motorists or interfering with nearby residences, business, or pedestrians, including but not limited to, sound amplification, flashing lights, smoke, steam, bubbles, gas-powered generators, or excessive fumes.
L. In order to preserve the peace, safety, and tranquility a sidewalk vendor may operate a stationary sidewalk receptacle only in an authorized commercial, mixed use or industrial zone.
M. In order to preserve the peace, safety, and tranquility, roaming sidewalk vendors may only operate between the hours of sunrise to sunset in exclusively residential zones and all sidewalk vendors may only operate in all other allowed zoning districts consistent with the operating hours of restaurants and business hours on the same street.
N. In order to preserve sanitary operations a sidewalk vendor shall have the means to access adequate restroom facilities identified within their roaming routes or stationary locations.
O. In order to prevent obstructions of the public right-of-way, all signage related to the vending operation shall be affixed to the cart, or otherwise, shall be in compliance with the zoning code.
P. Sidewalk vendors must at all times vend in compliance with this chapter.
5.26.080 Location of Carts.
A. In order to ensure access to public rights-of-way by pedestrians and emergency personnel, and avoid interference with vehicular traffic, certified farmers’ market, swap meets, and City-permitted special events, sidewalk vendors shall not operate in the following areas of the public right-of-way:
1. Any area other than a public sidewalk or pedestrian path.
2. Within 15 feet of a marked crosswalk.
3. Within 5 feet of the curb return.
4. Within 15 feet of any fire hydrant, fire call box, or other emergency facility. 460
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5. Within 200 feet of a Police or Fire Station.
6. Within 10 feet of an entrance to or emergency exit of any building or business during the hours that the building or business is open to the public.
7. Within 15 feet of a transit stop.
8. Adjacent to any designated or marked loading zone or bus zone.
9. Within 15 feet of the outer edge of a driveway or driveway apron.
10. Any location that would impede entering or exiting a parked vehicle.
11. Any location that impedes the flow of pedestrian traffic by reducing the clear space to less than 4 feet or impedes access to or the use of abutting property, including, but not limited to, residences and places of business.
12. Within 100 feet in any direction of the nearest vendor or concessionaire participating in a certified farmers’ market or swap meet.
13. Within 15 feet of an outdoor dining or patio dining area;
14. Where placement impedes the flow of pedestrian traffic to less than that required by the Americans with Disabilities Act and other relevant standards for accessibility, or impedes access to or the use of abutting property, including but not limited to, residences and places of business;
15. Within 100 feet of a City-permitted special event, including, but not limited to, parades, concerts, and movie filmings, unless vendor has received a permit to vend as part of the event. For moving events, vending shall be prohibited within 100 feet of any portion of the approved event route. For stationary events, vending shall be prohibited within 100 feet of the parcel boundary for the location of the event.
16. Within 500 feet of any public, charter, or private school grounds between the hours of 7:00 a.m. and 4:00 p.m. on school days, and during any other time when in use and creating high vehicular traffic, such as uses for major sporting events.
17. Upon or within any roadway, median strip, bike lane, dividing section, or landscape areas.
18. Any public sidewalk location when the straight path would not allow for 48 inches, or as the law updates, of clear width walking space of any sidewalk to be in compliance with Americans with Disabilities Act (ADA) regulations.
19. Any public sidewalk where there is a 180 degree turn path from sidewalk ramps and corner curbs when the location would not allow for 42 inches approaching the turn, 48 inches at the turn, and 42 inches leaving the turn, or as law updates, or clear width walking space of any sidewalk to be in compliance with ADA regulations.
5.26.090 Special Requirements for the Sale of Food.
A. All sidewalk vendors that prepare or sell food must be in compliance with all county and state permitting and licensing requirements for the preparation and sale of food. 461
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5.26.100 Exceptions.
A. This chapter shall not apply to the following activities and businesses:
1. Seasonal temporary holiday sales, such as a pumpkin patch or Christmas tree sales and other similar activities for which a conditional use permit or Special Event Permit has been issued.
2. Fireworks sales.
3. Yard sales operated during daylight hours, conducted in accordance with RMC 5.30.030.
4. Vending attendant to a permitted temporary circus or carnival activities.
5. Mobile health or veterinary clinics.
6. Fundraising activities conducted by organizations exempt from the business operations tax.
7. Lemonade stands, or similar enterprises operated solely by persons under the age of 16.
B. Nothing in this section relieves persons engaged in the exempted activities or businesses from obtaining any other permit or license required by law, or from conducting the exempted activities or businesses in compliance with the law.
5.26.110 Penalties.
A. For the purposes of this Section, “sidewalk vending program” refers to the provisions of Sections 5.26.070 through 5.26.090 and the requirement to obtain a sidewalk vending permit.
1. A violation of any provision in Sections 5.26.070 through 5.26.090 may only be punishable by the following:
a. An administrative fine not exceeding one hundred dollars ($100) for a first violation.
b. An administrative fine not exceeding two hundred fifty dollars ($250) for a second violation within one year of the first violation. c. An administrative fine not exceeding five hundred dollars ($500) for each violation within one year of the first violation.
d. Rescission of the sidewalk vendor’s permit for the term of that permit upon the third or subsequent violations.
2. Vending without a sidewalk vending permit may be punishable by the following:
a. An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation.
b. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
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c. An administrative fine not exceeding one thousand dollars ($1,000) for each violation within one year of the first violation.
3. Upon proof of a valid sidewalk vending permit, an administrative citation imposed under Section 5.26.110(A)(2) shall be reduced to the respective administrative fine set forth in Section 5.26.110(A)(1).
4. No other fines, fees, assessments, or financial conditions shall be imposed for violation of the sidewalk vending program other than those imposed in Section 25.26.110(A)(1) and (2).
5. Notwithstanding any other provision of this code, neither a violation of the sidewalk vending program as codified in Sections 5.26.070 through 5.26.090 nor a failure to pay an administrative fine, imposed by Section 5.26.110(A)(1) or (2) shall be punishable as an infraction or misdemeanor.
6. Any person who receives an administrative fine under Section 5.26.110(A)(1) or (2) shall have a right to request an ability-to-pay determination. a.The City shall give any such person written notice of his or her right to request an ability-to-pay determination as well as instructions and other materials for requesting an ability-to-pay determination at the time that the administrative fine citation is issued.
b. A right-to-pay determination may be requested at any time following the issuance of the administrative fine citation until the fine is paid, including when payment of the fine is delinquent or has been referred to a collection program. c. Upon receipt of a request for an ability-to-pay determination, the City Manager or his or her designee shall determine whether such person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code. The determination of the City Manager or his or her designee shall be final. d. If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the Government Code, the City shall reduce the fine to twenty percent (20%) of the amount of the fine originally imposed.
7. The City Manager may, in his or her discretion, allow a person who receives an administrative fine under Section 5.26.110(A)(1) or (2) to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
8. Nothing in the Chapter shall be construed to limit the City’s ability to enforce, or remedies for enforcing, laws of general applicability or other provisions of this code against sidewalk vendors, or take any other enforcement actions against sidewalk vendors that are not prohibited by state or federal law, or which are allowed by this code.
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5.26.120 Denials, Suspension or Revocation of Sidewalk Vending Permit.
A. Any sidewalk vending permit issued under this chapter may be suspended or revoked for any of the following reasons:
1. Fraud or misrepresentation of the application for the street and sidewalk vending permit;
2. Fraud or misrepresentation of the course of conducting the business or vending;
3. Conducting the business or vending contrary to the conditions of the sidewalk vending permit;
4. Conducting the business or vending in such a manner as to create a public nuisance or constitute a danger to the public health, safety and welfare;
5. The City may revoke or suspend any sidewalk vending permit issued to a sidewalk vendor for the term of that sidewalk vending permit upon the third or subsequent violations.
B. On suspension or revocation, the City shall deliver written notice to the sidewalk vending permit holder stating the action taken and the reason for the supporting action. The written notice shall be delivered to the sidewalk vending permit holder’s place of business or mailed to the last known address provided on the permit application.
5.26.130 Appeals
(1) Penalties may be appealed by filing a written notice to appeal to the City Clerk per Title 1, Article III of the Rocklin Municipal Code.
(2) Sidewalk vending permit application denials, and sidewalk vending permit suspension or revocation may be appealed per Rocklin Municipal Code Title 5, Chapter 5.01 – Appeals Procedures.
Section 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 6. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15061(b)(3) of the California Code or Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”), because the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment and there is no possibility the activity in question may have a significant effect on the environment. 464
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Section 7. Effective Date. This ordinance shall take effect thirty (30) days after the day of its adoption.
Section 8. Publication. Within fifteen days of passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so, directed by the City Attorney and within fifteen days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the City Council members voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.
INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on September 12, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on September 26, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
___________________________
Haley Reid, Acting City Clerk
First Reading:
Second Reading:
Effective Date:
465
City Council
Staff Report
Subject:
Urgency Ordinance and Regular Ordinance Prohibiting Syringe Exchange Programs
Date:
September 12, 2023
Submitted By:
Rustin Banks, Police Chief
Department:
City Manager's Office
Recommendation:
A
.
Adopt an Urgency Ordinance of the City Council of the City of Rocklin adding Chapter
5.46 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Urgency Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.
B
.
Introduce, waive full reading, and read by title only an Ordinance of the City Council of the City of Rocklin adding Chapter 5.46 to Title 5 of the Rocklin Municipal Code prohibiting syringe exchange programs from operating in the City of Rocklin, and Finding and Determining that the Ordinance is not subject to the California Environmental Quality Act pursuant to the CEQA Guidelines Sections 15061(b)(3), and 15378.
Background:
In August 2023, the Rocklin Police Department received a notification concerning an application received by the California Department of Public Health, Office of AIDS (CDPH/OA) seeking authorization to establish a Syringe Service Program (SSP) within a proposed service area, which includes the City of Rocklin. The application is included as Attachment 4.
The California Department of Public Health (CDPH) is authorized by California Health and Safety Code section 121349 et seq. to approve syringe exchange programs (SEPs) to provide sterile syringes and collect used syringes for people who inject drugs. An SEP may be authorized to operate by a county, city government, or the CDPH. According to the CDPH, there are more than fifty SEPs operating in California.
Any SEP authorized by CDPH to operate in a city must comply with applicable local ordinances. No provision of the Rocklin Municipal Code specifically addresses SEPs. Absent sufficient local regulation, a SEP may operate anywhere and have greater negative impacts on the public health, safety, and welfare.
Item Number 5A.
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California Government Code section 36937(b) authorizes the City Council to adopt by a four- fifths vote an urgency ordinance for the immediate preservation of the public peace, health, or safety. The City has police power, as granted broadly under Article XI, Section 7 of the California Constitution, to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents.
Upon review of the application and proposal submitted to CDPH/OA by Safer Alternatives though Networking & Education (SANE), there are several concerns with the planned operation for the proposed SSP. The proposed SSP would offer home delivery and pickup of needles the same or next business day. The CDPH applicant SANE proposes that it will distribute 200,000 syringes annually to the southwest portion of Placer County between Lincoln and Auburn, including within the cities of Rocklin, Auburn, Lincoln, and Roseville, and the Town of Loomis. The syringes will go to an expected 400 participants, or up to roughly 500 syringes per participant. CDPH determined that SANE’s application met the baseline requirements and circulated the application for public comment. The City of Rocklin submitted a comment letter to CDPH voicing the City’s concerns about the proposed SANE application (Attachment 3).
The public comment period will close on September 21, and CDPH may issue a decision on the application any time after the close of the public comment.
The SANE application could create a situation where needles are not disposed of properly and it is unclear the location and timing of the distribution of the syringes within the City. The applicant proposes providing services without sufficiently demonstrated safety procedures and protocols. City staff is concerned that the proposed program has not been adequately coordinated with other agencies and entities and without sufficient outreach to local neighborhood associations and interest groups within the City of Rocklin.
SANE proposes home delivery and pick-up in the southwest areas of Placer County; no further West than Lincoln, and no further East than Auburn, Tuesday-Saturday from 3:00pm- 10:00pm. This being said, the application is primarily focused on addressing the needs of the unhoused within the proposed area of operation. The proposal is unclear on how the applicant will provide “home delivery” or arrange for those who are unhoused. Many of Placer County’s unhoused residents do not have access to transportation. Not having transportation to the applicant’s fixed location eliminates the “pick-up” method for majority, if not all, of the County’s unhoused residents. The home delivery, pick-up, and collection points appear to be lacking in a thoughtful approach to addressing the actual concerns of the very at-risk group the applicant indicates they are trying to help. The applicant does not address the concern of deliveries occurring in public
spaces, such as parks, areas around schools, and other areas open to the public nor any measures to mitigate these concerns.
The applicant has not done their own due diligence to research the effected entities in which they were proposing to operate. There has been no community outreach on the part of the applicant prior to the proposal, which, more than likely, would have provided the applicant with community feedback and objection.
The proposal lacks significant details on such an
important and, more than likely, a potentially challenging program within the City of Rocklin.
Although State law requires that used syringes be transported to a collection center in containers and prohibits the loose disposal of home-generated syringe waste in trash or recycling containers, people continue to dispose of contaminated syringes in manners that 467
increases the risk that others will come into contact with them. Syringe and needle waste represents a potential public health hazard for children, adults, and public employees through unnecessary exposure and risk of injury due to improper disposal of syringes. Improper disposal of used hypodermic syringes and needles has been documented in parks, roads, sidewalks, trails, and private property in Rocklin.
Since 2015, licensed pharmacies throughout California have been authorized to sell syringes to adults without a prescription with no limits on the number of syringes that may be sold.
California law allows adults to purchase and possess an unlimited number of syringes for personal use when acquired from a pharmacy, physician or authorized SEP. Residents who require syringe exchange services for medical purposes are currently able to acquire these services at pharmacies and hospitals, which provide new syringes and the proper disposal of used syringes. This would not change with the adoption of an ordinance prohibiting SEPs.
In order to address the immediate risk posed by not having a prohibition on such SEPs, the Urgency Ordinance (Attachment 1) is provided to create an immediate prohibition on SEPs.
The Urgency Ordinance would be effective immediately upon adoption. A non-urgency version of the Ordinance is also presented (Attachment 2) for introduction, with second reading and adoption required at a future meeting. The non-urgency Ordinance would take effect thirty (30) days after adoption. Approval of the ordinances would result in a complete prohibition in the City of Rocklin. A prohibition would provide additional time to monitor jurisdictions in California that permit and regulate SEPs for regulatory best practices and improvements in business practices by SEP operators with a longer track record.
The proposed ordinance is similar to ordinances prohibiting SEPs which are being considered by the City of Auburn on September 11, 2023, and by the County of Placer on September 12, 2023. The City of Lincoln will also discuss this matter on September 12. The proposed ordinance includes language stating that the prohibition would not apply if it is determined to be in conflict with any state or federal laws.
Environmental Analysis:
The proposed ordinances are not subject to review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Fiscal Impact:
There is no direct fiscal impact to the staff recommendation.
ATTACHMENTS:
1. Urgency Ordinance
2. Ordinance
3. City of Rocklin Comment Letter
4. Safer Alternatives through Networking & Education (SANE) Syringe Services Program Application 468
Ord. No.
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADDING CHAPTER
5.46 TO TITLE 5 OF THE ROCKLIN MUNICIPAL CODE PROHIBITING SYRINGE EXCHANGE
PROGRAMS FROM OPERATING IN THE CITY OF ROCKLIN
WHEREAS, according to the California Department of Public Health, there are more than fifty Syringe Exchange Programs defined in California Health and Safety Code Section 121349 et seq. (SEPs), operating in California that provide sterile syringes to, and collect used syringes from, people who inject drugs; and
WHEREAS, California Health and Safety Code Section 121349 et seq. provides that a SEP may be authorized to operate by a county, city government, or the California Department of Public Health (CDPH); and
WHEREAS, since 2015, licensed pharmacies throughout California have been authorized to sell syringes to adults without a prescription with no limits on the number of syringes that may be sold; and
WHEREAS, California law allows adults to purchase and possess an unlimited number of syringes for personal use when acquired from a pharmacy, physician, or authorized SEP; and WHEREAS, any SEP authorized by CDPH to operate in a city must comply with applicable local ordinances; and
WHEREAS, California law does not explicitly require the City to authorize the establishment and/or operation of SEPs; and
WHEREAS, no provision of the Rocklin Municipal Code specifically addresses SEPs; and WHEREAS, absent sufficient local regulation, a SEP may operate anywhere and have greater negative impacts on the public health and welfare; and WHEREAS, although State law require that used syringes be transported to a collection center in containers, and prohibits the loose disposal of syringe waste in trash or recycling containers, people continue to dispose of contaminated syringes improperly which increases the risk that others will come into contact with them; and WHEREAS, the improper collection and disposal of used hypodermic needles and syringes occurs in parks, roads, sidewalks, trails, and public and private property; and WHEREAS, syringe and needle waste represent a potential public health hazard for children, adults, and public employees, including staff in the Police, Fire, Code Enforcement, Community Development, Parks and Recreation, and Public Services Departments through 469
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unnecessary exposure and risk of injury due to improper disposal of syringes, which presents an imminent threat to, the health, property, safety and welfare of the public; and WHEREAS, pursuant to the City’s police power, as granted by Article XI, Section 7 of the California Constitution, the City Council of the City of Rocklin has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and
WHEREAS, Government Code Section 38771 authorizes a City, through its legislative body, to declare actions and activities that constitute a public nuisance; and WHEREAS, the City desires to exercise its local power and authority to prohibit SEPs from operating within the City of Rocklin; and
WHEREAS, the California Government Code 36937 (b) permits a local governing body to enact an urgency ordinance that takes effect immediately upon adoption for the immediate preservation of the public peace, health or safety, if passed by a four-fifths vote of the City Council; and
WHEREAS, based on the findings above, the City Council has determined that there exists a threat to public health, safety and welfare if the City does not add Chapter 5.46 to the Rocklin Municipal Code prohibiting SEPs from being established and existing in Rocklin.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The findings and recitals set forth above are true and correct.
Section 2. Purpose. The purpose of this urgency ordinance is to add Chapter 5.46 to Title 5 Rocklin Municipal Code to prohibit Syringe Exchange Programs in the City of Rocklin.
Section 3. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code section 37100.
Section 4. Amendment. Chapter 5.46 (Syringe Exchange Programs Prohibited) is hereby added to Title 5 of the Rocklin Municipal Code as follows:
Section 5.46.01 Purpose and Intent
The purpose and intent of this section is to prohibit Syringe Exchange Programs from operating in the City of Rocklin in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe Exchange Program” means a program operating within the jurisdictional boundaries of the City of Rocklin that acts as a point of access to health 470
Ord. No.
education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, or successor section or chapter thereof, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.
Section 5.46.02 Syringe Exchange Programs Prohibited
It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a syringe exchange program, as defined by Health and Safety Code Section 121349, et seq.
Section 5.46.03 Penalty
Any violation of this section may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth under state law or city ordinances, including imposition of administrative citations pursuant to Chapter 1.14 of the Municipal Code.
Section 5.43.04 Conformance to Law
The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s).
Section 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 6. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 7. Effective Date. This ordinance shall take effect immediately upon its adoption by a four-fifths vote of the City Council.
Section 8. Urgency Findings. The City Council finds the passage of this ordinance as an urgency ordinance is required for the immediate preservation of the public peace, health, and safety. Specifically, the City Council finds each change made under this Urgency Ordinance is necessary to preserve the public peace, health and safety for the reasons including, but not 471
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limited to, the following: to prevent hypodermic needle litter, injuries due to exposure to improperly disposed hypodermic needles, provision of drug paraphernalia to minors, and criminal behavior dangerous to the health, safety, and welfare of the City’s residents, business, and employees.
Section 9. Certification. The City Clerk shall certify to the passage and adoption of this Urgency Ordinance and shall give notice of its adoption as required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on ________________________, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
___________________________
Haley Reid, Acting City Clerk
Effective Date:
472
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROCKLIN ADDING CHAPTER 5.46 TO TITLE 5 OF THE ROCKLIN MUNICIPAL CODE PROHIBITING SYRINGE EXCHANGE PROGRAMS
FROM OPERATING IN THE CITY OF ROCKLIN
WHEREAS, according to the California Department of Public Health, there are more than fifty Syringe Exchange Programs defined in California Health and Safety Code Section 121349 et seq. (SEPs), operating in California that provide sterile syringes to, and collect used syringes from, people who inject drugs; and
WHEREAS, California Health and Safety Code Section 121349 et seq. provides that a SEP may be authorized to operate by a county, city government, or the California Department of Public Health (CDPH); and
WHEREAS, since 2015, licensed pharmacies throughout California have been authorized to sell syringes to adults without a prescription with no limits on the number of syringes that may be sold; and
WHEREAS, California law allows adults to purchase and possess an unlimited number of syringes for personal use when acquired from a pharmacy, physician, or authorized SEP; and WHEREAS, any SEP authorized by CDPH to operate in a city must comply with applicable local ordinances; and
WHEREAS, California law does not explicitly require the City to authorize the establishment and/or operation of SEPs; and
WHEREAS, no provision of the Rocklin Municipal Code specifically addresses SEPs; and WHEREAS, absent sufficient local regulation, a SEP may operate anywhere and have greater negative impacts on the public health and welfare; and WHEREAS, although State law require that used syringes be transported to a collection center in containers, and prohibits the loose disposal of syringe waste in trash or recycling containers, people continue to dispose of contaminated syringes improperly which increases the risk that others will come into contact with them; and WHEREAS, the improper collection and disposal of used hypodermic needles and syringes occurs in parks, roads, sidewalks, trails, and public and private property; and WHEREAS, syringe and needle waste represent a potential public health hazard for children, adults, and public employees, including staff in the Police, Fire, Code Enforcement, Community Development, Parks and Recreation, and Public Services Departments through 473
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unnecessary exposure and risk of injury due to improper disposal of syringes, which presents an imminent threat to, the health, property, safety and welfare of the public; and WHEREAS, pursuant to the City’s police power, as granted by Article XI, Section 7 of the California Constitution, the City Council of the City of Rocklin has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents; and
WHEREAS, Government Code Section 38771 authorizes a City, through its legislative body, to declare actions and activities that constitute a public nuisance; and WHEREAS, the City desires to exercise its local power and authority to prohibit SEPs from operating within the City of Rocklin; and
WHEREAS, based on the findings above, the City Council has determined that there exists a threat to public health, safety and welfare if the City does not add Chapter 5.46 to the Rocklin Municipal Code prohibiting SEPs from being established and existing in Rocklin.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROCKLIN DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The findings and recitals set forth above are true and correct.
Section 2. Purpose. The purpose of this ordinance is to add Chapter 5.46 to Title 5 Rocklin Municipal Code to prohibit Syringe Exchange Programs in the City of Rocklin.
Section 3. Authority. The City Council enacts this ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution and Government Code section 37100.
Section 4. Amendment. Chapter 5.46 (Syringe Exchange Programs Prohibited) is hereby added to Title 5 of the Rocklin Municipal Code as follows:
Section 5.46.01 Purpose and Intent
The purpose and intent of this section is to prohibit Syringe Exchange Programs from operating in the City of Rocklin in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe Exchange Program” means a program operating within the jurisdictional boundaries of the City of Rocklin that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, or successor section or chapter thereof, 474
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such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.
Section 5.46.02 Syringe Exchange Programs Prohibited
It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a syringe exchange program, as defined by Health and Safety Code Section 121349, et seq.
Section 5.46.03 Penalty
Any violation of this section may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth under state law or city ordinances, including imposition of administrative citations pursuant to Chapter 1.14 of the Municipal Code.
Section 5.43.04 Conformance to Law
The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s).
Section 5. Severability. If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.
Section 6. Environmental Analysis. The City Council hereby finds that this ordinance is not subject to review under the California Environmental Quality Act (CEQA) pursuant to Sections 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061, subdivision (b)(3) (there is no possibility the activity in question may have a significant effect on the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
Section 7. Effective Date. This ordinance shall take effect thirty (30) days after the day of its adoption.
Section 8. Publication. Within fifteen days of passage of this ordinance, the City Clerk shall cause the full text of the ordinance, with the names of those City Council members voting for and against the ordinance, to be published in the Placer Herald. In lieu of publishing the full text of the ordinance, the City Clerk, if so directed by the City Attorney and within fifteen days, shall cause a summary of the ordinance, prepared by the City Attorney and with the names of the City Council members voting for and against the ordinance, to be published in the Placer Herald, and shall post in the office of the City Clerk a certified copy of the City Council members 475
Ord. No.
voting for and against the ordinance. The publication of a summary of the ordinance in lieu of the full text of the ordinance is authorized only where the requirements of Government Code section 36933(c)(1) are met.
INTRODUCED at a regular meeting of the City Council of the City of Rocklin held on ______________________, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Rocklin held on ________________________, 2023, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Ken Broadway, Mayor
ATTEST:
___________________________
Haley Reid, Acting City Clerk
First Reading:
Second Reading:
Effective Date:
476
477
ROCKLIN
CALIFORNIA
operating plan also states the SANE is involved in the local Chamber, but there has been no indication that SANE has made those connections with the community. This failure to conduct outreach in our city is concerning.
• Some of the services that SANE is proposing could greatly benefit Rocklin residents and the unhoused community in Rocklin. However, SANE is applying a blanket approach to a problem that is truly unique in each City. A major point in the application was the 750 unhoused individuals living in Placer County. According to the 2023 Point In Time Count for Placer County, that number dropped to 709 unhoused individuals. Of these 709, 48 total reside in Rocklin. This is less than 7% of the total unhoused population. The information provided in the SANE application provides statistics for substance use disorder among the unhoused, however the statistics provided are for Placer County as a whole and not specifically for the cities this program is targeting.
There is no doubt that SANE is trying to address the problem of HIV transmission in the County, however the solution proposed does not align with the reality in the City of Rocklin. Administering a needle exchange program in the City without consultation or involvement of the Police and Fire departments opens the City and its residents up for long-lasting impacts. The City's primary responsibility is to protect its residents. This program provides solutions to problems that the application has not demonstrated exist in Rocklin. For these reasons, the City of Rocklin opposes the proposed Syringe Service Program as detailed in the SANE application.
Sincerely,
Rustin Banks, Police Chief, City of Rocklin
CITY OF ROCKLIN, 3970 Rocklin Rd. Rocklin, CA 95677
rocklln.ca.us IP. 916.625.5000 IF. 916.625.5095 I TTY. 916.632.4013 478
SYRINGE SERVICES PROGRAM (SSP)
Application Cover Page
California Department of Public Health - Office of AIDS Applicant Organization Information
Organization Name: Telephone Number:
Proposed SSP Name (if different from organization name above):
Address (Number, Street, Suite #):
City: County: ZIP Code:
Mailing Address if Different From Above (Number, Street, Suite #):
City: County: ZIP Code:
Name of SSP Administrator: Title:
Telephone Number: E-Mail Address:
Applicant Acknowledgement and Attestation
1.) The Applicant attests that upon Certification it will comply with state laws and regulations.
2.) The Applicant also attests that it has the capacity to begin syringe exchange services within ninety (90) days of Certification.
3.) The Applicant further acknowledges and agrees to the involvement of program participant input into program design, implementation, and evaluation. The Applicant understands that submission of an application does not constitute Certification.
Signature: Date (mm/dd/yyyy):
( )
( )
7/31/2023
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Program Information / Statement of Need
INSTRUCTIONS - For all question, put your response where it says ANSWER. Please use blue font
1. Briefly describe your organization’s mission.
Safer Alternatives through Networking & Education (SANE) was established in 1993 to slow the spread of HIV among people who use drugs (PWUD). SANE is an authorized SSP in the County of Sacramento and operates a needs-based Syringe Service Program (SSP) from our office location, by mobile delivery, and through street-based outreach. Over the years, SANE's mission has expanded to encompass working to enhance the overall health and wellness of drug users through the utilization of humane, evidence-based harm reduction approaches to drug use and inherent peer-based structures and processes. SANE’s program is designed to respect, value, and prioritize the involvement of PWUD in all aspects of our work, and to employ the principles of humanism, harm reduction, and respect for human rights and dignity.
2. Provide a description of the core services and any additional services that you will offer.
SANE’s services include syringe and harm reduction supply distribution and disposal, distribution of condoms and safer sex supplies, overdose prevention via naloxone and fentanyl test-strip distribution and education, referrals to our Sacramento office location for HIV and Hepatitis C testing and referral for treatment, and SANE will offer a low-barrier Medicated Assisted Treatment (MAT) program through our physician, available remotely or on-site in Sacramento for rapid induction onto Buprenorphine.
Services will be offered by home/location delivery in Placer County. Participants can request a discreet delivery through our designated phone line and expect a delivery same or next business day.
3. What is the estimated annual number of participants you will serve?
We expect to serve 400 participants annually.
4. What is the estimated annual number of syringes you will provide?
We estimate distributing 200,000 syringes annually.
5. What is the estimated annual number of syringes you will collect?
We estimate collecting 200,000 syringes annually. Community Health Representatives advise participants on accessing Home-Generated Sharps and Pharmaceutical Consolidation Points if they are unable to bring their waste to SANE or schedule a pick-up. Using the list generated by CDPH, SANE has highlighted the Consolidation Points for Place County and posts this information available at distribution.
6. SSP Location(s) – Provide a detailed description of the location(s) where you will offer services. A fixed location is one with a mailing address. A mobile site is an outdoor location.
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Type
(Fixed, Mobile,
Home Delivery/Pick Up
Address or Description Days and Times
Home Delivery /
Pick-up
Delivery of SSP supplies as requested by
participants located in the southwest areas of
Placer County; no further West than Lincoln,
and no further East than Auburn, including the
cites of Lincoln, Auburn, Loomis, Rocklin, and
Roseville.
Tuesday-Saturday
3:00pm-10:00pm
Choose an item.
Choose an item.
Choose an item.
If you do not have enough rows, submit the information requested for the additional locations in an attachment.
7. Provide the contact name, phone number, and email for any neighborhood associations affiliated with the location(s) of your proposed SSP.
Please see Attachment A.
8. Provide a short paragraph describing your SSP that OA will use to post on our website. The name of your organization, a description of your services, the location(s), and hours of operation must be included.
Safer Alternatives thru Networking & Education (SANE) was established in 1993 to slow the spread of HIV among people who use drugs. SANE operates a needs-based Syringe Service Program (SSP) from our office location, by mobile delivery, and through street-based outreach. SANE is currently an authorized SSP serving the County of Sacramento. SANE’s proposed services for Placer County include: syringe distribution and disposal, distribution of condoms and safer sex supplies, HIV and hepatitis C virus (HCV) testing, education and referrals, overdose prevention via naloxone distribution and education, prevention and treatment of skin and soft tissue infections, and basic first aid. SANE also offers a free, low-barrier MAT program through two telehealth physicians on-site in Sacramento.
SANE’s fixed site location at 2211 Del Paso Blvd. in North Sacramento, Tuesday, Wednesday, Thursday, and Saturday from 3:00-6:00 PM. SANE is proposing home delivery and pick-up in the southwest areas of Placer County; no further West than Lincoln, and no further East than Auburn, including the cites of Lincoln, Auburn, Loomis, Rocklin, and Roseville, Tuesday-Saturday from 3:00pm- 10:00pm.
9. Needs Statement – Why does your community need harm reduction services? Please use data to describe the needs in your community that your program will serve.
According to the 2022 bi-annual homeless Point-in-Time Count report, the total number of homeless and precariously sheltered (motel, friends, couch surfing) individuals in Placer County was 750. Of those, 408 were unsheltered (homeless encampments, vehicles, doorways, under bridges, outside.) Thirty-seven percent self-reported substance use disorder as an issue (n=275). According to CDPH/OA 2020 data:
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o Sixteen percent of all those living with HIV in Placer County (n=16) reported injection drug use as the mode of transmission. The state average is 12 percent. o From 2018 through 2020, there were 42 individuals newly diagnosed with HIV in Placer County. Of those, 11 percent (n=5) reported injection drug use as a risk for transmission.
SANE offers delivery of HIV self-tests and will be incentivizing on-site HIV and HCV testing in 2023.
Knowing one’s status is a key tool for reducing disease transmission, and we have seen these testing strategies increase testing among our participants.
According to CDPH’s drug overdose surveillance data:
o The average opioid overdose death rate (10.06/100k) was lower than the state average during 2019-2021 (12.74/100K) but increased 65 percent in that same time period.
o The average Fentanyl-related overdose death rate (6.04/100k) was lower than the state average during 2019-2021 (9.37100K) and increased 400 percent in that same time period.
SANE’s mission is to reduce harms to persons using drugs, including those who are consuming fentanyl. Distribution of fentanyl test strips, and Naloxone with direct training on how to respond to overdose, both services are invaluable in reducing death from overdose. 482
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Operating Plan
Each applicant must submit an Operating Plan. The Operating Plan must include policies and procedures for each of the following aspects of program operations:
I. Service Delivery
II. Syringe Dispensing
III. Syringe Collection and Disposal
IV. Needlestick Injury Prevention and Response
V. Data Collection and Program Evaluation
VI. Community Relations
Instructions – for the table, click on a box to check or uncheck. For all other question, put your response where it says ANSWER. Please use blue font
I. Service Delivery
a) For each of the services listed in the table below, check off if you will provide the service directly or if you will refer participants to community partners (“via referral”).
Substance use disorder treatment services Directly ☒ Via Referral ☐ HIV or hepatitis screening Directly ☒ Via Referral ☐
Hepatitis A and hepatitis B vaccination Directly ☐ Via Referral ☒ Screening for sexually transmitted infections Directly ☐ Via Referral ☒ Housing services for the homeless, victims of
domestic violence, or other similar housing
services
Directly
☐
Via Referral
☒
Distribution of condoms Directly ☒ Via Referral ☐
Risk reduction education Directly ☒ Via Referral ☐
HIV and viral hepatitis prevention education,
including the provision of supplies for safer sex
practices (must be provided directly)
Directly
☒
b) For each service you marked as provided directly by your agency in the question above, please provide a short description of how you will deliver those direct services.
In addition to our core SSP, SANE offers other direct services and referrals to promote improved health outcomes for participants. SANE’s Medication Assistance Program (MAP) is a free, low barrier Medication Assisted Treatment program for Opiate Use Disorder. Individuals enrolled in this program will be set up with one of our staff physicians for screening and treatment-plan and will continue to see him regularly at our office or through telehealth. SANE’s MAP includes access to a Patient Navigator to help coordinate referrals, ensure procurement of MAT medications, as well as for basic needs and recovery support.
SANE understands the importance of preventative and regular healthcare, especially for PWUD. SANE will provide on-site rapid HIV and HCV screening and counseling under the direction of our staff physician at our Sacramento location. All persons we serve in Placer will be 483
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referred to this location, if it is convenient for them. Referrals for HIV/HCV treatment, as well as for hepatitis A and B vaccines, and STD screening and treatment will be made to community providers in Placer County, and SANE outreach staff will be available to help link participants to the specific care they need, depending on location and insurance coverage. For local healthcare needs, SANE’s Community Health Representatives (CHRs) will connect folks to Western Sierra Medical Clinic.
Safer-sex education and training are offered at each participant encounter. Supplies distributed include internal and external condoms, personal lubrication, and written educational material, which includes info and resources for PreP and routine sexual health. SANE advocates for the health and well-being of people who work in the sex-industry (PWSI) and strives to create a safe-space for people to have access to safer-sex supplies, advocacy, and support.
SANE is committed to serving those experiencing homelessness and we offer designated homeless outreach hours for this population in Sacramento County. When a participant requests housing assistance in Placer County, CHR’s will help persons call Placer County’s Homeless Resource Helpline to identify available assistance. If unhoused individuals need immediate shelter, or if an individual needs shelter or support for a Domestic Violence situation, CHR’s will work with that individual to find an appropriate & available solution. All participants are given SANE’s contact information, including CHR’s designated outreach phone number, for guidance with their immediate needs and concerns.
Providing the community and our participants with risk-reduction education is a vital part of our service organization. We continuously seek out and are involved in research to understand and make accessible methods of using drugs that are shown to reduce harm. We provide training for safe-injection practices, disease-prevention, recognition & response to drug- related overdoses, “never use alone” strategies, safer-smoking as an alternative to injection, and basic first aid for skin and soft tissue infections.
II. Syringe Dispensing
Describe how the program will provide supplies, including syringes, to program participants. Your answer to this question must include the following:
a) A description of how you will dispense supplies. Design your policies and procedures to meet the needs of participants and support the use of a new, sterile syringe for each injection.
Our program is based on need (not “1 for 1”) and provides participants with the essential supplies to help ensure syringes are never reused or shared. Based on the participants' needs, SANE collects used sharps and sharps waste and then distributes boxed sterile syringes that are placed in a large brown paper bag for the privacy of the participant and to maintain a discrete transaction. SANE can offer to each program participant: Naloxone (Narcan) with overdose prevention education, sterile syringes, sterile cookers, cottons, tourniquets, alcohol swabs, sterile water, basic first aid supplies, biohazard containers for sharps waste, and fentanyl test strips.
b) A description of the method you will use for tracking the number of syringes dispensed.
The number of syringes distributed are recorded at each encounter using our paper Data Tracking form, which is part of our anonymous data collection. This occurs before any supplies 484
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are distributed. Data from forms is transferred to digital form for electronic monitoring and evaluation.
III. Syringe Collection and Disposal
Describe how the program will collect sharps waste from program participants and how the program will dispose of sharps and other medical waste. Your answer to this question must include the following:
a) A description of how you will collect sharps waste. Your policies and procedures must be designed to maximize return of used syringes without increasing risk of needlestick injury to staff, volunteers, or program participants.
Sharps waste collection occurs without our staff or volunteers directly handling syringes or other sharps waste. Participants can call SANE to arrange a scheduled pick-up during delivery hours or drop off their sharps waste during office hours. If a participant returns used sharps in a container that is not a biohazard container, the entire container will be placed into an approved biohazard bin. Approved containers are securely closed by participants while a CHR monitors, picked up by gloved CHR and placed in designated space in a vehicle or marked, gated, and locked location at the office site. Containers are not to be overfilled, must always be stored upright, and small containers are put in larger containers that are also biohazard waste- approved. CHRs provide ongoing education to participants on safety protocol, safe-handling, proper storage, and disposal, and new containers are offered at each client encounter. Syringe refuse found on ground or in the community are collected with trash picker-tool, and in all exchanges staff and volunteers wear disposable gloves and appropriate Personal Protective Equipment.
Sharps waste-disposal education is part of the new-hire and volunteer training for SANE.
Experienced staff will provide hands-on, one-on-one training that includes reading the written policy regarding sharps waste disposal and modeling the correct procedure. Program supervisors will consistently evaluate CHRs on their adherence to the procedure, and bi-annual meetings that review the training and State law will be mandatory of all staff and volunteers.
Part of this procedure includes training of Home-Generated Sharps and Pharmaceutical Consolidation Points. CHR’s advise participants on accessing this resource if they are unable to bring their waste to SANE or schedule a pick-up. Using the list generated by CDPH, SANE has highlighted the Consolidation Points for Placer and surrounding counties and posts this information in-office and makes copies available for distribution.
b) A description of the method you will use to track the number of syringes returned. Your policies and procedures must eliminate direct handling of sharps waste and must not interfere with service provision.
As a matter of safety for staff, volunteers, and participants, we do not attempt to count each used syringe returned to the SSP but estimate number input in Data Tracking Form based on the size of the sharps container being returned. We have a contract with Biomedical Waste Disposal to dispose of syringes safely and legally each month, consistent with state law and best practices. Our budget for syringe waste disposal in 2021 was $6,110 and was paid through CDPH and the California Office of AIDS Harm Reduction Clearinghouse.
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c) A description of how staff and volunteers receive sharps waste disposal education.
Programs must ensure that staff, volunteers, and participants are familiar with state law regulating proper disposal of home-generated sharps waste as referenced in Health and Safety Code Section 118286.
Sharps waste disposal education is part of the new-hire and volunteer training for SANE.
Experienced staff will provide hands-on, one-on-one training that includes reading the written policy regarding sharps waste disposal and modeling the correct procedure. Program supervisors will consistently evaluate CHRs on their adherence to the procedure, and bi- annual meetings that review the training and State law will be mandatory for all staff and volunteers. Part of this procedure includes training in Home-Generated Sharps and Pharmaceutical Consolidation Points. CHR’s educate participants on accessing this resource if they are unable to bring their waste to SANE or schedule a pick-up. Using the list generated by CDPH, SANE has highlighted the Consolidation Points for Placer and surrounding counties and posts this information in-office and makes copies available for distribution.
III. Needlestick Injury Protocol
Describe ways you will prevent accidental needlestick injury and what steps you will follow if an accidental needlestick injury occurs. Your answer to this question must include the following:
a) A description of your policies and procedures that eliminate the direct handling of used syringes and sharps waste.
SANE staff are trained in proper handling of sharps waste at their initial hire and as part of our continuing education & training sessions, annual policy reviews. SANE’s policy states that sharps waste and used syringes will only be accepted in proper biohazard containers. If the client does not have one, SANE will provide one and the participant will be instructed on how to safely transfer the syringes to avoid needlestick. Staff will verbally instruct participants to completely close the container lid, container will be set on ground; wearing gloves, staff member will pick up the container and place it in designated storage area. A stray syringe will be picked up with garbage picker only; staff are to never recap a syringe, nor reach into the biohazard bin.
Participants are also advised to never reach into a biohazard bin or directly handle syringes not their own.
b) A description of your methods to document that staff and volunteers receive annual training on all accidental needlestick injury protocols.
The Executive Director will oversee presenting SANE’s Standard Operating Procedure, which includes needlestick injury at each policy review which is required at beginning of employment (or start for new volunteer), and annually thereafter. This review happens one-on- one between director and staff, and the staff / volunteer must formally attest via signed document as to receiving policy training.
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c) A description of your process for ensuring staff and volunteers sign a form acknowledging that they have received needlestick injury protocols training.
Staff and volunteers are required to complete and sign training documents attesting to having received relevant information to their position, including needlestick injury protocol.
SANE uses the form Standard Operating Procedure Prerequisite Training and Signature Form which is kept in employee or volunteers’ file. Form includes date of hire, date of training, date of next annual training, training received, department, position, staff-member responsible, and acknowledgement of having received training and information. Staff unwilling to adhere to training procedures will be terminated.
d) A description of the immediate and subsequent steps staff and/or volunteers will take following an accidental needlestick injury which include the requirements detailed in Cal/OSHA Title 8, Section 5193 Section (f)(3)
regulations.
Our needlestick injury protocol is modeled after the current recommendations of the CDC and includes washing of the wound, seeking immediate medical attention and contacting supervisor for proper documentation. In the event of an accidental needlestick, a supervisor is to be contacted immediately, but there shall be no delay in getting to the emergency room, which is predetermined in collaboration with employee/volunteer at time of needlestick injury training. If it can be done safely, the source of injury (sharp) should be containerized and brought to hospital for sampling. SANE will be responsible for all necessary testing and post-exposure prophylaxis and will also ensure appropriate support and counseling is offered to the exposed individual.
SANE representatives will provide the involved healthcare professionals a copy of Title 8,
Section 5193 Section (f)(3), and the documentation from incidents recorded in Sharps Injury Log. SANE will request a “Healthcare Professional’s Written Opinion” to be provided within 15 days, which includes opinion on exposure incident and follow up treatment plan for employee.
e) A description of the use of a sharps injury log that satisfy the requirements in Cal/OSHA Title
8, Section 5193 Section (c)(2) r egulations.
SANE will keep and maintain a Sharps Injury Log that will include all the requirements in Cal/OSHA Title 8, Section 5193 Section (c)(2) regulations, including: date and time of the exposure incident type and brand of sharp involved in the exposure incident, job position of the exposed employee, department, or work area where the exposure incident occurred, the procedure employee was performing at the time of the incident, how the incident occurred, the body part involved in the exposure incident, and the employee's opinion about whether any engineering, administrative or work practice control could have prevented the injury.
IV. Data Collection and Program Evaluation
Describe how you will collect and report data and evaluate the impact of their efforts. Your answer to this question must include the following:
a) A description of the participant confidentiality protocol which defines how you protect participant confidentiality.
SANE’s participant confidentiality protocols follow the guidelines outlined in the Federal Health Insurance Portability Accountability Act (HIPAA) Privacy Law, the Confidentiality of Medical 487
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Information Act (California Civil Code § 56 et seq.) and the Lanterman-Petris-Short Act (California Welfare & Institutions Code § 5000 et seq.) The State Information Practices Act (California Civil Code sections 1798 et seq.). These laws establish protections to preserve the confidentiality of various medical and personal information and specify that such information may not be disclosed except as authorized by law or the patient or individual. All employees of SANE receive training on HIPPA and must acknowledge and agree to follow these laws upon hiring.
b) A description of how you incorporate evaluation data into program design.
SANE collects evaluation data through regular Point in Time Surveys, Client Satisfaction Forms, supplemental surveys regarding program changes, and through an anonymous suggestions box located in-office. Consistent dialogue between staff and participants, and more formal discussions between participants, organizational leadership, the Board of Directors and staff, are essential to building relationships with participants. We recognize that PWUD are the experts of their lives and can offer invaluable information regarding drug supply and use trends, and public health and policy issues.
SANE will continue to solicit and welcome opinion about the necessity, accessibility, and implementation of services. Our goal is to provide a safe space for participants and staff to gather to share concerns and ideas.
c) A description of how you record, at minimum, the following data elements:
o Total number of persons served
o Total number of syringes and needles dispensed, collected and disposed of; and o Total number and types of referrals made to drug treatment and other services.
SANE collects anonymous demographic information and data regarding services received at each participant encounter. Community Health Representatives record qualitative data as “notes” regarding emerging issues and trends that are obtained during client interactions. Among the measurables that SANE will provide CDPH annually include, but are not limited to:
1. Number of syringes dispensed
2. Pounds of sharps waste collected and safely destroyed
3. Number of persons enrolled in opioid treatment through SANE
4. Number of persons referred to other substance use disorder treatment and other services
5. Number of participants
6. Number of participant encounters
7. Amount (or number) of doses of naloxone distributed (including rate of reported overdose reversals and naloxone refills)
V. Community Relations
Describe how you will conduct community relations. Your answer to this question must include the following:
a) A description of how you will document positive feedback and concerns expressed by program participants, community members, and neighborhood associations.
Our relationship with the community we serve is very strong, and we are proud of the role we have played in protecting the lives, health, and dignity of program participants. Many of the participants have had traumatizing encounters with health professionals, law enforcement, bullies, and predators, and we hope to counter some of these experiences with positive interactions from our staff. Some ways in which SANE records feedback from participants are:
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Client Satisfaction Forms, participant reviews on internet platforms, random “check-ins” between program manager and participants, participant surveys requesting feedback, and through messages received from our website and phone lines. Negative feedback pertaining to a particular staff member will immediately be addressed and documented, and programmatic concerns will be discussed with involved parties and resolved appropriately.
We maintain strong relationships with medical staff at UC Davis Medical Center, and with public health department staff in Sacramento County. We have connected with Placer County Public Health in regard to this application and proposed activities, and feel strongly we can have a positive working relationship. As we do with Sacramento County, we can provide Placer County with data, valuable access to the at-risk community, and reliable services and reporting.
We maintain strong working relationships with the largest AIDS/HIV service organization in Sacramento County, the Sacramento CARES Foundation, as well as various professionals in substance use disorder treatment. We have completed successful public health projects with the CDC, University of Washington, the National Association of County and City Health Officials, the Substance Abuse and Mental Health Services Administration, and the CA Department of Public Health, among others.
We quickly respond to community concerns through our posted phone and email contacts, and meet with concerned neighbors, as needed. SANE leadership regularly attends local Chamber of Commerce meetings and with County Public Health in Sacramento to address community concerns, and to proactively share the benefits and intentions of our organization.
SANE will have the same commitment to Placer County. SANE’s Executive Director and leadership staff understand reasonable concerns and/or questions Placer County residents may have and is readily available to communicate with local leaders and citizens. We hope to work in collaboration to combat the opioid epidemics effects on local communities.
b) A description of how you will record positive interactions and adverse incidents between local law enforcement and SSP staff, volunteers and/or participants.
Staff and participants are made aware of their rights and responsibilities regarding possession of syringes, and positive police interactions are always SANE’s goal. When available, an outreach worker can document police encounters and a debriefing of the encounter will occur between staff/volunteer and Director, or participant and staff member/volunteer, and next steps will be determined. SANE recognizes the role law enforcement plays in working with PWUD and strives to put the health and wellbeing of both SSP participants and the greater community first. Our shared goals to prevent overdose, control syringe litter, and get PWUD connected to services, can provide the opportunity for collaboration.
c) A description of steps the program has taken to address any reasonable concerns.
SANE is proud of its 30 years of service in Sacramento and has made a considerable impact in preventing drug overdose and limiting spread of infectious disease. As we have increased our reach in Sacramento County, we have had an increase in requests for services coming from residents of Placer County. With the notable increase in opioid deaths in Placer County, especially due to Fentanyl poisoning, we understand that an SSP operating within the County can be viewed negatively. This is why SANE intends to limit its operations to delivery only. SANE will also continue to include Naloxone/narcan and fentanyl test strips with every delivery, as well as extend our successful (and free) Medicated Assisted Treatment program to Placer participants who are ready to enter a treatment program. In addition, we will maintain 489
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open and regular communication with Public Health, law enforcement, and other agencies and associations.
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Attachment A
City of Roseville Neighborhood Associations*
Neighborhood Website/contact
Maidu https://mna.rcona.com/
Meadow Oaks https://mona.rcona.com/
Folsom Road https://frna.rcona.org/
Woodcreek Oaks https://wona.rcona.org/
Blue Oaks https://bona.rcona.org/
Fiddyment Farm https://www.fiddymentfarm.org/
Cherry Glen https://cgna.rcona.org/
Highland Reserve https://hrna.rcona.org/
South Cirby https://scna.rcona.org/
HIllcrest https://hna.rcona.org/
Sierra Vista https://svna.rcona.com/
Stoneridge https://sna.rcona.org/
Westpark https://wna.rcona.com/
Roseville Heights https://rhna.rcona.org/
Los Cerritos https://lcna.rcona.org/
*No other neighborhood associations for proposed service areas in Placer County were identified.
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Name of Program:
Job Title Annual Salary FTE Total Brief Description Source of Funds (In-Kind, Grant, Etc.) Executive Director
$ 75,000.00 1.00 $75,000.00
Responsible for overseeing the administration,
programs and strategic plan of the organization,
fundraising, marketing, and community
outreach. Oversees staff recruitment,
management & training programs. Operates
MAT program. Position reports directly to the
Board of Directors.
Grants/Contracts
Staff Physician/MAT
$ 95,000.00 1.50 $142,500.00
Oversees Medication Assisted Treatment
Program; connects with clients to generate
treatment plan and prescribe appropriate
medications; ensures program efficiency and
HIPPA compliant setting.
Grants
Administrative
$ 41,600.00 2.00 $83,200.00
Assists with managing staff, grant writing &
reporting, keeping records and licenses updated,
and various administrative duties across all
programs. Grants/contracts
Operations Director
$ 41,600.00 1.00 $41,600.00
Responsible for overseeing the administration,
programs and strategic plan of the organization,
fundraising, marketing, and community
outreach. Oversees staff recruitment,
management, and training duties.
Grants
SSP Community Health
Representative (CHR)
$ 40,000.00 12.00 $480,000.00
Operates SEP through office hours and mobile
delivery, distributes Naloxone and offers
community education related to overdose
prevention, safer-sex, and safer drug-
consumption. Makes referrals to MAT program.
Grants/Contracts
Accountant $ 57,200.00 0.10 $5,720.00 Leads A/R, A/P, payroll, and tax activitiesContracts $0.00
$0.00
$0.00
Total Salaries and Wages $828,020.00
19%
Total Fringe 0.5 $160,635.88
Total Personnel $988,655.88
Line Item Amount DescriptionCosts for sharps waste disposal (required) $ 7,000.00 Regular biohazard collection and disposal (Paid for by CDPH/Office of AIDS Clearinghouse)Harm Reduction Supplies 250,000 SSP distribution supplies, including syringes Mileage Reimburesment 8,000 CHR outreach, administrative duties Educational Materials/printing 10,000 phamplets, fliers, intake forms Safety Equipment 3,000 Gloves, PPE, containers
MAP Program 33,000 Costs associated with operating MAP Clinic Vehicle leasing 24,000
Monthly van rental for water delivery to
homeless
Total Operating Expenses $ 335,000.00
Line Item Amount Description
City/State/Banking Fees $ 800.00 Associated with permits and business operations Office Supplies $ 7,000.00 Pens, paper, stapelers, clipboards, folders, filing cabinets, printer inkCommunications $ 9,000.00 Phone/Internet Website $ 1,000.00 Development and mainteneance, online activitiesRent/Occupancy $ 35,000.00 For office location open to oublic Storage rental/office space $ 8,000.00 Storage space and/or admin office rental Technology/Equipment $ 8,000.00 Software, laptops, tablets, hotspots Liability Insurance $ 4,500.00 Required for operations Fundraising/Events $ 3,000.00 Community outreach efforts Travel/Training/Conferences $ 3,000.00 For proffessional development and collaborationsAudit/Financial Review $ 6,000.00 To be completed in 2023 Total Indirect Costs $85,300.00
Safer Alternatives through Networking and Education (SANE) - Placer I. Personnel
Fringe Description
Represents payroll taxes and benefits
II. Operating Expenses
III. Other Cost
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TOTAL BUDGET $1,408,955.88
Amount
$ 1,061,289.00 $ 5,000.00 $ 350,000.00 $1,416,289.00
V. Revenue
Grants / Contracts / Donations
Grants/Contracts
TOTAL REVENUE
Community fundraising/Donations
In-Kind - Clearinghouse
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