CITY OF CITRUS HEIGHTS CITY COUNCIL

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3 Jeannie Bruins, Mayor Jeff Slowey, Vice Mayor Sue Frost, Council Member Steve Miller, Council Member Mel Turner, Council Member CITY OF CITRUS HEIGHTS CITY COUNCIL Special/Regular Meetings of Thursday, January 14, 2016 Citrus Heights Community Center 6300 Fountain Square Dr., Citrus Heights, CA Special Meeting 6:00 p.m. Regular Meeting 7:00 p.m. PLEASE NOTE: The Council may take up any agenda item at any time, regardless of the order listed. Action may be taken on any item on the agenda. The City Council has established a procedure for addressing the Council. Speaker Identification Sheets are provided on the table inside the Council Chambers. If you wish to address the Council during the meeting, please complete a Speaker Identification Sheet and give it to the City Clerk. So that everyone who wishes may have an opportunity to speak, there is a five-minute maximum time limit when addressing the Council. Audio/Visual presentation material must be provided to the City Clerk s Office at least 48 hours prior to the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall located at 7927 Auburn Blvd, Citrus Heights during normal business hours. subscriptions of the agenda are available online by signing up with the City s Notify Me service. City Council meetings are televised live on Metro Cable 14, the government affairs channel on the Comcast and SureWest Cable Systems and replayed on the following Monday at 9:00 a.m. Meetings are also webcast live at The Agenda for this meeting of the City Council for the City of Citrus Heights was posted in the following listed sites before the close of business at 5:00 p.m. on the Friday preceding the meeting. 1. City of Citrus Heights, 7927 Auburn Blvd., Citrus Heights, CA 2. Rusch Park Community Center, 7801 Auburn Boulevard, Citrus Heights, CA 3. Sacramento County Library, Sylvan Oaks Branch, 6700 Auburn Blvd., Citrus Heights, CA If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk s Office , 7927 Auburn Blvd., at least 48 hours prior to the meeting. TDD (hearing impaired only) January 8, 2016 Amy Van, City Clerk Please turn off all cellular phones and pagers while the City Council meeting is in session. Printed on Recycled Paper Agenda Packet Page1

4 Citrus Heights City Council Thursday, January 14, 2016 SPECIAL MEETING 6:00 PM CALL SPECIAL MEETING TO ORDER 1. Roll Call: Council Members: Frost, Miller, Turner, Slowey, Bruins PUBLIC COMMENT STUDY SESSION 2. Review of Proposed Community Revitalization Program and Changes to Auburn Boulevard Specific Plan ADJOURNMENT REGULAR MEETING 7:00 PM CALL REGULAR MEETING TO ORDER 1. Flag Salute 2. Roll Call: Council Members: Frost, Miller, Turner, Slowey, Bruins 3. Video Statement APPROVAL OF AGENDA PRESENTATIONS 4. Recognition of Outgoing Mayor 5. Annual Baker to Vegas Fundraiser Benefitting Citrus Heights Police Activities League Program COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES PUBLIC COMMENT Under Government Code Section , members of the audience may address the Council on any item of interest to the public and within the Council s purview, or on any Agenda Item before or during the Council s consideration of the Item. If you wish to address the Council during the meeting, please fill out a Speaker Identification Sheet and give it to the City Clerk. When you are called upon to speak, step forward to the podium and state your name for the record. Normally, speakers are limited to five minutes each with 30 minutes being allowed for Page 2 of 4 Printed on Recycled Paper Agenda Packet Page2

5 Citrus Heights City Council Thursday, January 14, 2016 all comments. Any public comments beyond the initial 30 minutes may be heard at the conclusion of the agenda. The Mayor has the discretion to lengthen or shorten the allotted times. CONSENT CALENDAR It is recommended that all consent items be acted on simultaneously unless separate discussion and/or action is requested by a Council Member. 6. SUBJECT: Approval of Minutes RECOMMENDATION: Approve the Minutes of the Special and Regular Meeting of December 10, SUBJECT: Second Reading Noise Control Ordinance Updates STAFF REPORT: A;. Van RECOMMENDATION: Adopt Ordinance No ; An Ordinance of the City of Citrus Heights Amending Article III of Chapter 34 of the Citrus Heights Code Relating to Noise Control 8. SUBJECT: Sunrise / Sungarden Signalization Improvement Project HSIPL 5475(029) Project Acceptance City Project No STAFF REPORT: D. Wheaton / S. Hodgkins RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Accepting the Sunrise Boulevard Sungarden Drive Signalization Improvements Project as Complete and Authorizing the City Manager to Record a Notice of Completion for the Project with the Sacramento County Recorder 9. SUBJECT: City Manager s Benefit Adjustment STAFF REPORT: R. Ziegler, City Attorney RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Approving a Benefit Adjustment for City Manager Henry Tingle 10. SUBJECT: Establishing Acting Pay When Serving in the Capacity of Acting City Manager STAFF REPORT: R. Rivera / S. Nielson RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Establishing Acting Pay When Serving in the Capacity of Acting City Manager PUBLIC HEARINGS REGULAR CALENDAR 11. SUBJECT: Medical Marijuana Cultivation STAFF REPORT: R. Sherman / C. McDuffee / J. Russo RECOMMENDATION: Introduce, Read by Title Only and Waive the First Full Reading of Ordinance NO , An Ordinance of the City of Citrus Heights Page 3 of 4 Printed on Recycled Paper Agenda Packet Page3

6 Citrus Heights City Council Thursday, January 14, 2016 Amending Section , Section , And Section of Chapter 106, Zoning, of the Citrus Heights Municipal Code 12. SUBJECT: Appointment to Regional Boards and Committees STAFF REPORT: A. Van RECOMMENDATION: The Following is Recommended: a. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as the Representative on the Sacramento Metropolitan Air Quality Management District (SMAQMD) Board of Directors, and Appointing a Member to Serve as the Alternate; b. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as the Representative on the Sacramento Regional County Sanitation District (SRCSD) and Sacramento Area Sewer District (SASD) Boards of Directors, and Appointing a Member to Serve as the Alternate; c. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as the Representative on the Sacramento Transportation Authority (STA), and Appointing a Member to Serve as the Alternate; and d. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as a Director to the Sacramento Area Council of Governments (SACOG) Board of Directors, and Appointing a Member to Serve as the Alternate. 13. SUBJECT: Appointments to the Sac-Yolo Mosquito & Vector Control Board STAFF REPORT: A. Van RECOMMENDATION: The Following is Recommended: a. Move to reappoint Dr. Jayna Karpinski-Costa for a term of two or four years; or b. Direct Staff to Re-advertise the Vacancy and Accept Additional Applications for Appointment DEPARTMENT REPORTS CITY MANAGER ITEMS ITEMS REQUESTED BY COUNCIL MEMBERS/ FUTURE AGENDA ITEMS ADJOURNMENT Page 4 of 4 Printed on Recycled Paper Agenda Packet Page4

7 CITY OF CITRUS HEIGHTS CITY COUNCIL MINUTES Special/Regular Meetings of Thursday, December 10, 2015 Citrus Heights Community Center 6300 Fountain Square Drive, Citrus Heights, CA Item 6 CALL SPECIAL MEETING TO ORDER The special council meeting was called to order at 5:00 p.m. 1. Roll Call: Council Members present: Miller, Slowey, Turner, Bruins and Frost Council Members absent: None Staff present: Alejandrez, Norvell, Rivera, Tingle, Van, Wheaton and department directors. PUBLIC COMMENT None CLOSED SESSION 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Pursuant to Government Code Section (d)(1) Gast v. City of Citrus Heights, et al. Sacramento County Superior Court Case No.: PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section Title: City Manager Mayor Frost announced that there was no reportable action from closed session. STUDY SESSION 4. Solid Waste Residential Collection and Recycling Services Item 4 was continued to a future City Council meeting. ADJOURNMENT Mayor Frost adjourned the special meeting at 6:00 p.m. CALL REGULAR MEETING TO ORDER The regular council meeting was called to order at 7:00 p.m. by Mayor Frost. 1. The flag salute was led by REACH Vice President Tim Schaefer. 2. Roll Call: Council Members present: Miller, Slowey, Turner, Bruins and Frost Council Members absent: None Agenda Packet Page5

8 Citrus Heights City Council Minutes Special/Regular Meetings of December 10, 2015 Staff present: Bermudez, Boyd, Cooley, Fallbeck, Kempenaar, McDuffee, Norvell, Russo, Tingle, Van, Wheaton and department directors. 3. The video statement was read by City Clerk Van. APPROVAL OF AGENDA On a motion by Council Member Slowey, seconded by Vice Mayor Bruins, the City Council approved the agenda. AYES: Miller, Slowey, Turner, Bruins and Frost NOES: None ABSENT: None SPECIAL ITEMS 4. Selection of Mayor and Vice Mayor On a motion by Council Member Miller, seconded by Council Member Turner, the City Council appointed Jeannie Bruins as Mayor and Jeff Slowey as Vice Mayor. AYES: Miller, Slowey, Turner, Bruins and Frost NOES: None ABSENT: None PRESENTATIONS 5. Recognition of Wal-Mart Employees for their Heroic Deed Police Chief Boyd stated that on November 9, 2015, an 85-year-old long-time resident of Citrus Heights was leaving the local Walmart on Auburn Boulevard. Having just exited the building, a vehicle hit, and then ran over her, pinning her underneath. Walmart employees became aware of the situation and swiftly began to converge around the vehicle and working together was able to lift the vehicle off the victim while two more gently pulled the victim to safety. He commended the employees for their quick thinking and working together which ultimately saved the woman s life. Mayor Bruins and Vice Mayor Slowey presented the following individuals with Certificates of Recognition for their heroic deed: Christina Lackey, Xai Her, Nick Gonnella, Lance White, Nicodemus Hatchett, Jill Barbera, Zachary Behrman, Raymond Goldon, and Donna Beck. 6. Presentation by REACH (Resident Empowerment Association of Citrus Heights) on their Accomplishments REACH Vice President Tim Schaefer provided an updated on the activities of REACH and the Neighborhood Associations and how they have used the funds allocated to the neighborhoods. He highlighted REACH activities which included participating in the annual Community Campout, the Red, White & Blue Parade, SOAR Senior Health Fair, Sunday Funday, Antelope Crossing Spooktacular, and attended the Community Leadership Summit. Page 2 Agenda Packet Page6

9 Citrus Heights City Council Minutes Special/Regular Meetings of December 10, Community Leadership Conference Committee Present Donation to Local Non Profits Trish Dawson Chair of the Community Leadership Conference Committee reported that the Committee and the Citrus Heights Women s Club raised over $7,600 and are giving it back to the community. She stated that this evening they are here to recognize three local non-profit organizations for their ongoing efforts to help the residents of Citrus Heights. They presented a check for $1,000 to Project Life-Saver; $1,000 to City Life Sayonara Center; and $233 to Families Living in Transition. COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES Council Member Miller attended the Christmas Tree Lighting Event and the Sunrise MarketPlace Open House and other local events. Council Member Frost provided a report from the Sacramento Transportation Authority Board meeting. Council Member Turner attended the Christmas Tree Lighting Event and other local events. He also commented on the progress of the New City Hall building. He attended the Holy Family Crab Feed event. He provided a report from the City Council Quality of Life Committee meeting. He also attended the Lakeview Village Homeowners Association s annual Teddy Bear fundraiser luncheon. Vice Mayor Slowey provided a report from the Sacramento Public Library Authority Board meeting. He also provided a report from the Sacramento Area Council of Governments Board meeting. Mayor Bruins provided a report from the Sacramento Regional County Sanitation District Board meeting. She also provided a report from the City Council Strategic Planning Retreat. She provided an update on the progress of the Citrus Heights Chamber Leadership Program. PUBLIC COMMENT None CONSENT CALENDAR 8. SUBJECT: Approval of Minutes RECOMMENDATION: Approve the Minutes of the Special and Regular Meeting of November 12, 2015 and Special Council Meeting of November 17, SUBJECT: Second Reading Amending Certain Sections of the Zoning Code in Regards to Urban Greening, Water Efficient Irrigation and Landscaping RECOMMENDATION: Adopt Ordinance No An Ordinance of the City of Citrus Heights to Amend Certain Sections of the Zoning Code in Regards to Urban Greening, Water Efficient Irrigation and Landscaping Page 3 Agenda Packet Page7

10 Citrus Heights City Council Minutes Special/Regular Meetings of December 10, SUBJECT: Resolution Adopting the Amended Payrate Schedule for the City of Citrus Heights STAFF REPORT: S. Neilson RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Adopting the Amended Payrate Schedule 11. SUBJECT: Annual AB 1600 Development Fee Report STAFF REPORT: S. Daniell RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Accepting, Filing, and Making the Findings Identified in, the City s Annual AB 1600 Fee Report for the Fiscal Year Ending June 30, 2015 ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Turner, the City Council approved Consent Calendar Items 8, 9, 10 and 11. AYES: Frost, Miller, Turner, Slowey and Bruins NOES: None ABSENT: None PUBLIC HEARING 12. SUBJECT: Bikeway Master Plan and General Plan Bikeway Map Update GPA STAFF REPORT: C. Kempenaar / C. McDuffee / K. Becker / R. Sherman / D. Wheaton RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights Adopting the Citrus Heights Bikeway Master Plan and the General Plan Bikeway Map Update and Adopting a Mitigated Negative Declaration Senior Planner Kempenaar explained that the Bikeway Master Plan is a policy document that is the framework for future bikeway development and is a tool to obtain funding. He stated the proposed changes for Council consideration are inclusion of the 4-miles of the Creek Corridor Trail that the City Council directed staff, last March, to include into the City s regulatory documents, updated demographic data, and include other minor additions/clarifications. Mayor Bruins opened the public hearing at 8:06 p.m. Public Comments David Warren spoke in support of the Bikeway Master Plan. Mayor Bruins closed the public hearing at 8:07 p.m. ACTION: On a motion by Council Member Frost, seconded by Council Member Turner, the City Council adopted Resolution No A Resolution of the City Council of the City of Citrus Heights Adopting the Citrus Heights Bikeway Master Plan and the General Plan Bikeway Map Update and Adopting a Mitigated Negative Declaration. Page 4 Agenda Packet Page8

11 Citrus Heights City Council Minutes Special/Regular Meetings of December 10, 2015 AYES: Frost, Miller, Turner, Slowey and Bruins NOES: None ABSENT: None 13. SUBJECT: Red Light Camera Enforcement Program Authorization to Extend Agreement with Redflex Traffic System, Inc. STAFF REPORT: J. Russo / C. Boyd RECOMMENDATION: Adopt Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City to Amend the Agreement with Redflex Traffic Systems, Inc for the Red Light Enforcement Program Lt. Russo provided an overview of the City s Red Light Enforcement Program and presented information on the reduction in collisions at the intersections with red light enforcement. He explained the amendment is a three year extension to the existing contract and the City has the right to extend for two additional two year terms. Mayor Bruins opened the public hearing at 8:18 p.m. Public Comment David Warren spoke in opposition to the contract renewal with Redflex Traffic Systems, Inc. and expressed concerns with safety. Mayor Bruins closed the public hearing at 8:22 p.m. ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Miller, the City Council adopted Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City to Amend the Agreement with Redflex Traffic Systems, Inc for the Red Light Enforcement Program. AYES: Frost, Miller, Turner, Slowey and Bruins NOES: None ABSENT: None REGULAR CALENDAR 14. SUBJECT: Noise Control Regulations Update STAFF REPORT: A. Bermudez / C. McDuffee RECOMMENDATION: Introduce for a First Reading and Read by Title Only, Ordinance No An Ordinance of the City of Citrus Heights Amending Article III of Chapter 34 of the Citrus Heights Code Relating to Noise Control Associate Planner Bermudez explained that the City s existing regulations require the measurement to be done as an A-weighting and the recommendation is to change the measurement to be a C- weighting. She also stated the City s existing standards are based on a slow sound measurement and the recommendation is to change it to a fast reading to capture faster beat noises. Council Member questions followed. Page 5 Agenda Packet Page9

12 Citrus Heights City Council Minutes Special/Regular Meetings of December 10, 2015 Planning Manager McDuffee responded to questions from Council Members. ACTION: On a motion by Council Member Frost, seconded by Vice Mayor Slowey, the City Council introduced for a First Reading and read by title only, Ordinance No An Ordinance of the City of Citrus Heights Amending Article III of Chapter 34 of the Citrus Heights Code Relating to Noise Control. AYES: Frost, Miller, Turner, Slowey and Bruins NOES: None ABSENT: None 15. SUBJECT: Pacific Gas and Electric s Community Pipeline Safety Initiative STAFF REPORT: D. Wheaton / C. Fallbeck RECOMMENDATION: Adopt Resolution No A Resolution Authorizing the City Manager to Negotiate with PG&E to Remove Up to 18 Trees in the Public Right of way to Comply with PG&E s Community Pipeline Safety Initiative Principal Civil Engineer Fallbeck stated the City was approached by PG&E who is proposing to remove trees that are both in the public right-of-way and some that are on private property. The trees have been determined by PG&E staff to be on top of natural gas pipelines throughout the City. He introduced John Costa with PG&E who would make a presentation. John Costa with PG&E gave a presentation on their Community Pipeline Safety Initiative. The program entails checking the area above gas transmission pipelines for trees and structures that pose an emergency access or safety concern. They have conducted a tree assessment within the City s right-of-way and have identified 18 trees that pose a risk to natural gas pipelines and are recommending they be removed. General Services Director Wheaton stated some of the trees identified for removal are relatively new trees along Antelope Road and were planted as part of the Antelope Road Construction Project. He explained that the Project involved a number of improvements to accommodate pedestrians and accessibility and also to beautify the area. There was a tremendous amount of effort to relocate utilities and PG&E was involved in where the City would place certain aspects of the road alignment, PG&E s infrastructure, and some of the other utilities that are in the area. Staff does not support the removal of trees identified on Antelope Road between Tupelo Drive and the west City limit because the trees were planted as part of a greenhouse gas emissions reduction program and PG&E was involved in the planning and design of that Project. They will work closely with PG&E to comply with their Community Pipeline Safety Initiative. Council Member questions and comments followed. City Manager Tingle responded to comments by Council Members. ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Miller, the City Council adopted Resolution No A Resolution Authorizing the City Manager to Negotiate with PG&E to Remove Up to 18 Trees in the Public Right of Way to Comply with PG&E s Community Pipeline Safety Initiative. Page 6 Agenda Packet Page10

13 Citrus Heights City Council Minutes Special/Regular Meetings of December 10, 2015 AYES: Frost, Miller, Turner, Slowey and Bruins NOES: None ABSENT: None DEPARTMENT REPORTS 16. SUBJECT: Homelessness Response Efforts DEPARTMENT: Community and Economic Development Development Specialist Cooley and Lt. Russo gave a presentation on the City s efforts to respond to homelessness within Citrus Heights, and also highlighted efforts by the community. The City has conducted outreach to homeless camps to connect the homeless population with available resources. The City also have a contract with Sac Self Help Housing that provides resources to the homeless population. CITY MANAGER ITEMS None ITEMS REQUESTED BY COUNCIL MEMBERS/FUTURE AGENDA ITEMS None ADJOURNMENT Mayor Bruins adjourned the regular meeting at 9:40 p.m. Respectfully submitted, Amy Van, City Clerk Page 7 Agenda Packet Page11

14 Item 7 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council Fin. Atty. January 14, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Amy Van, City Clerk Second Reading Noise Control Ordinance Updates Summary and Recommendation On December 10, 2015, the City Council introduced, read by title only and waived the first full reading of an ordinance amending the Citrus Heights Municipal Code to amend Article III of Chapter 34 of the Citrus Heights Code Relating to Noise Control. Fiscal Impact There is no expected fiscal impact as a result of adopting this ordinance. Conclusion Staff recommends that the Council approve Ordinance No An Ordinance of the City of Citrus Heights to Amending Article III of Chapter 34 of the Citrus Heights Code Relating to Noise Control. Attachments: Ordinance No Printed on Recycled Paper Agenda Packet Page12

15 ORDINANCE NO AN ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING ARTICLE III OF CHAPTER 34 OF THE CITRUS HEIGHTS CODE RELATING TO NOISE CONTROL The City Council of the City of Citrus Heights does ordain as follows: SECTION 1. Amendment. Sections through Noise Control of the Citrus Heights City Code are hereby repealed in its entirety and replaced to read as set forth below: Sec Findings. The city council finds: (1) Excessive, unnecessary or offensive noise within the city is detrimental to the public health, safety, welfare and the peace and quiet of the inhabitants of the city and therefore is declared a public nuisance; (2) Every person in the city is entitled to live in an environment free from excessive, unnecessary or offensive noise levels; and (3) The establishment of maximum permissible noise levels will further the public health, safety, welfare and peace and quiet of city inhabitants. Sec Declaration of policy. It is declared to be the policy and purpose of this article to assess complaints of noises alleged to exceed the ambient noise levels. Further, it is declared to be the policy to contain sound levels in the city at their present levels with the ultimate goal of reducing such levels, when and where feasible and without causing undue burdens, to meet the noise standards set forth in this article. Sec Liberal construction. This article shall be liberally construed to effectuate its purposes. Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Acoustic specialist means a person or persons trained in acoustic sampling, qualified to measure sound levels in A-weighted and C-weighted networks and one-third octave band frequencies. Ambient noise level means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. A-weighting means the standard A-weighted frequency response of a sound level meter, which de-emphasizes low and high frequencies of sound in a manner similar to the human ear for moderate sounds. 1 Agenda Packet Page13

16 C-weighting means the standard C-weighted frequency response of a sound level meter, which de-emphasizes high frequencies of sound in a manner similar to the human ear for relatively loud sounds. Cumulative period means an additive period of time composed of individual time segments which may be continuous or interrupted. Decibel and db mean a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base of ten of this ratio. Emergency work means the use of any machinery, equipment, vehicle, humanpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service. Equivalent hourly sound level ( Leq ) means the sound level corresponding to a steady state A-weighted sound level containing the same total energy as the actual time-varying sound level over a one-hour period. Hertz means a unit of measurement of frequency, numerically equal to cycles per second. Impulsive noise means a noise characterized by brief excursions of sound pressures the peak levels of which are very much greater than the ambient noise level, such as might be produced by the impact of a piledriver, punchpress or a drop hammer, typically with one second or less duration. Low frequency noise means a noise which occurs in the frequency range of 160 Hertz or less. Noise level means the sound pressure level in decibels obtained by using a sound level meter using A-weighting and C-weighting networks, or one-third octave band frequency at slow response (or fast response when required by this Article for the measurement of impulsive sounds or low frequency noise) with a reference pressure of 20 micropascals. The unit of measurement shall be designated as dba or dbc, as appropriate. The meter setting for slow or fast response shall be noted. One-third octave band means a band of frequencies, in Hertz, which is one-third of an octave wide, as defined by the current version of the American National Standards Institute (ANSI) Standard S1.11. Examples of one-third octave band center frequencies in the range of audible sound include 20, 25, 31.5, 40 and 63 Hertz. Describing sound pressure levels in onethird octave bands provides information as to the tone or pitch, of noise (low frequency versus high frequency), as well as the amplitude of the sound. Residential property means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. Simple tone noise and pure tone noise mean a noise characterized by the presence of a predominant frequency such as might be produced by whistle or hum. Sound level meter means an instrument meeting ANSI Standard S for type 1 or type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. 2 Agenda Packet Page14

17 Sound pressure level means a sound pressure level of a sound, in decibels, as defined in ANSI Standard S ; that is, 20 times the logarithm to the base ten of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. Zone means any of the zones specified in the zoning code of the city, as such zones are presently identified therein and as they may be subsequently modified or altered. Sec Sound level measurement generally. (a) Any noise level measurements made pursuant to this article shall be performed using a sound level meter as defined in section The sound level meter shall be set to A- weighting at slow meter response, except as provided in this Article. (b) The location selected for measuring exterior noise levels shall be at a point at least one foot inside the property line of the affected residential property. Where feasible, the microphone shall be at a height of three to five feet above ground level and shall be at least four feet from walls or similar reflecting surfaces. For interior noise measurements, the windows shall be in normal seasonal configuration, and the measurement shall be made at a point at least four feet from the wall, ceiling or floor nearest the affected occupied area. Sec Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated in this article, shall apply to all properties within a designated noise area, measured pursuant to Section 34-85(b): Noise City Zoning Area Districts 1 RD-1, RD-2, RD-3, RD-4, RD-5, R-7, RD-10, R15, RD-20, R-25, RD-30, MH Time Period 7:00 a.m. to 10:00 p.m. (Daytime) 10:00 p.m. to 7:00 a.m. (Nighttime) Exterior Noise Standard 55 dba (Leq) 50 dba (Leq) (b) It is unlawful for any person at any location within the city to create any noise which causes the noise levels on an affected property, when measured in the designated noise area pursuant to Section 34-85(b), to exceed, for the duration of time set forth following, the specified exterior noise standards in any one hour by: Cumulative Duration of the Intrusive Sound (1) Cumulative period of 30 minutes per hour... 0 (2) Cumulative period of 15 minutes per hour (3) Cumulative period of five minutes per hour (4) Cumulative period of one minute per hour (5) Level not to be exceeded for any time per hour Allowance Decibels (c) Each of the noise limits specified in subsection (b) of this section shall be reduced by five dba for impulsive or simple tone noises or for noises consisting of speech or music. (d) If the ambient noise level exceeds that permitted by any of the first four noise limit categories specified in subsection (b) of this section, the allowable noise limit shall be increased in five-dba increments in each category to encompass the ambient noise level. If 3 Agenda Packet Page15

18 the ambient noise level exceeds the fifth noise level category, the maximum ambient noise level shall be the noise limit for that category. (e) It is unlawful for any person at any location within the city to create low-frequency noise or impulsive noise which causes the noise level on an affected residential property to exceed the noise level standards as indicated below. Exterior noise level shall be measured pursuant to the requirements set forth in Section 34-85(b). Sound Level Descriptor Daytime (7:00 a.m. to 10:00 p.m.) Nighttime (10:00 p.m. to 7:00 a.m.) Leq, A weighting dba Leq, C weighting dbc One-third octave band 10 db increase in any one-third octave band (1) The noise level measurements conducted under this subsection (e) shall be conducted with the sound level meter set to fast response. (2) If separation of low frequency noise or impulsive noise from the background ambient noise can be determined with the sound level meter set to A-weighting, noise levels from the low frequency noise shall not exceed an Leq of 50 dba daytime and 45 dba nighttime for any one minute period. (3) If separation of low frequency noise or impulsive noise from the background ambient noise cannot be determined with the sound level meter on A-weighting, the meter shall be switched to C-weighting to emphasize the low frequency noise. If separation of low frequency noise or impulsive noise from background ambient noise can be determined with the meter set to the C-weighting, the noise level from the low frequency noise or impulsive noise shall not exceed an Leq of 75 dbc daytime and 70 dbc nighttime for any one minute period. (4) If existing background ambient noise levels are higher than standards identified in the table above, then the maximum sound levels due to amplified sound shall not exceed the background sound levels by more than three db for A-weighted measurements and five db for C-weighted measurements. (5) If separation of low frequency noise or impulsive noise from the background ambient noise cannot be determined with the sound level meter set to either A or C weighting, and low frequency noises or impulsive noise are clearly audible to the acoustics specialist, a sound level measurement shall be taken using one-third octave band frequencies. A 10 db increase in any one-third octave band due to the amplified noise shall be considered a violation of this Article. 4 Agenda Packet Page16

19 Sec Interior noise standards. (a) In any apartment, condominium, townhouse, duplex or multiple-dwelling unit, it is unlawful for any person to create any noise from inside his or her unit that causes the noise level, when measured in a neighboring unit during the periods 10:00 p.m. to 7:00 a.m., to exceed the following: (1) Forty-five dba for a cumulative period of more than five minutes in any hour. (2) Fifty dba for a cumulative period of more than one minute in any hour. (3) Fifty-five dba for any period of time. (b) If the ambient noise level exceeds that permitted by any of the noise level categories specified in subsection (a) of this section, the allowable noise limit shall be increased in five-dba increments in each category to encompass the ambient noise level. Sec Exemptions. The following activities shall be exempted from this article: (1) School bands, school athletic and school entertainment events. (2) Outdoor gatherings, public dances, shows and sporting and entertainment events, provided the events are conducted pursuant to a license or permit issued by the city. (3) Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school. (4) Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work. (5) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property, provided the activities do not take place between the hours of 8:00 p.m. and 6:00 a.m. on weekdays and Friday commencing at 8:00 p.m. through and including 7:00 a.m. on Saturday, Saturdays commencing at 8:00 p.m. through and including 7:00 a.m. on the next following Sunday, and on each Sunday after the hour of 8:00 p.m. However, when an unforeseen or unavoidable condition occurs during a construction project and the nature of the project necessitates that work in process be continued until a specific phase is completed, the contractor or owner shall be allowed to continue work after 8:00 p.m. and to operate machinery and equipment necessary until completion of the specific work in progress can be brought to conclusion under conditions which will not jeopardize inspection acceptance or create undue financial hardships for the contractor or owner. (6) Noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 6:00 a.m. (7) Any mechanical device, apparatus or equipment which is utilized for the protection or salvage of agricultural crops during periods of adverse weather conditions or when the use of mobile noise sources is necessary for pest control. (8) Noise sources associated with maintenance of residential area property, provided the activities take place between the hours of 6:00 a.m. and 8:00 p.m. on any day except 5 Agenda Packet Page17

20 Saturday or Sunday, or between the hours of 7:00 a.m. and 8:00 p.m. on Saturday or Sunday. (9) Any activity, to the extent provisions of 42 USC 65 and Public Utilities Code and preempt local control of noise regulations and land use regulations related to noise control of airports and their surrounding geographical areas; any noise source associated with the construction, development, manufacture, maintenance, testing or operation of any aircraft engine or of any weapons system or subsystems which are owned, operated or under the jurisdiction of the United States; or any other activity to the extent regulation thereof has been preempted by state or federal law or regulation. (10) Any noise sources associated with the maintenance and operation of aircraft or airports which are owned or operated by the United States. Sec Transition period for preexisting industrial or commercial facilities. (a) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Commercial facility means any building, structure, premises or portion thereof used for wholesale or retail commercial purposes. Industrial facility means any building, structure, factory, plant, premises or portion thereof used for manufacturing or industrial purposes. (b) Any industrial or commercial facility shall be subject to all applicable requirements of this article. (c) If any facility which is not in compliance by the end of the one-year period applies for a variance pursuant to section , in deciding whether to grant a variance, the hearing board shall take into account the extent to which the applicant has endeavored to reduce noise during the one-year period to meet the standards specified in this article. (d) This section applies only to a commercial or industrial facility which was already in existence or for which the work of improvement has commenced prior to July 1, Sec Schools, hospitals and churches. It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church, while the school, hospital or church is in use, to exceed the noise standards specified in section or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbs or annoys patients in the hospital. In any disputed case, interfering noise which is ten dba or more, greater than the ambient noise level at the building, shall be deemed excessive and unlawful. Sec Machinery, equipment, fans and air conditioning. (a) It is unlawful for any person to operate any mechanical equipment, pump, fan, air conditioning apparatus, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical devices, or any combination thereof installed after July 1, 1976 in any manner so as to create any noise which would cause the maximum noise level to exceed the following: 6 Agenda Packet Page18

21 (1) Sixty dba at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level. (2) Fifty-five dba in the center of a neighboring patio three to five feet above ground level. (3) Fifty-five dba outside of the neighboring living area window nearest the equipment location. Measurements shall be taken with the microphone not more than three feet from the window opening but at least three feet from any other surface. (b) Equipment installed five years after July 1, 1976, must comply with a maximum limit of 55 dba at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level. (c) Equipment installed before December 17, 1970, must comply with a limit of 65 dba maximum in sound level at any point at least one foot inside the affected property line and three to five feet above ground level by January 1, Equipment installed between December 16, 1970, and July 1, 1976, must comply with a limit of 65 dba maximum sound level at any point at least one foot inside the property line of the affected residential property and three to five feet above ground level. Sec Off-road vehicles. It is unlawful for any person to operate any motorcycle or recreational off-road vehicle within the city in such a manner that the noise level exceeds the exterior noise standards specified in section Sec Waste disposal vehicles. (a) It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck-mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of 50 feet from the equipment in an open area: (1) New equipment purchased or leased on or after a date six months from July 1, 1976, shall not exceed a noise level of 80 dba. (2) New equipment purchased or leased on or after 42 months from July 1, 1976, shall not exceed a noise level of 75 dba. (3) Present equipment shall not exceed a noise level of 80 dba on or after five years from July 1, (b) This section shall not abridge or conflict with the powers of the state over motor vehicle control. Sec Radios, tape players on publicly owned property. (a) As used in this section, the phrase "a person of normal hearing sensitivity" means a person who has a hearing threshold level of between zero decibels and 25 decibels HL averaged over the frequencies 500, 1,000 and 2,000 hertz. (b) Notwithstanding any other section of this Code and in addition thereto, it is unlawful for any person to permit or cause any noise, sound, music or program to be emitted from any radio, tape player, tape recorder, record player or television outdoors on or in any publicly owned property, park or place when such noise, sound, music or program is audible to a person of 7 Agenda Packet Page19

22 normal hearing sensitivity 100 feet from the radio, tape player, tape recorder, record player or television. (c) Notwithstanding any other section of this Code, any person violating this section shall be guilty of an infraction and upon conviction thereof, is punishable as provided in section (d) Notwithstanding sections 46-1 and 46-2 or any other section of this Code, no citation or notice to appear shall be issued or criminal complaint shall be filed for a violation of this section unless the offending party is first given a verbal or written notification of violation by any peace officer, public officer, park ranger or other person charged with enforcing this section and the offending party given an opportunity to correct the violation. (e) This section shall not apply to broadcasting from any aircraft, vehicle or stationary sound amplifying equipment as defined and regulated in chapter 5.56 of the Sacramento County Code; the use of radios, tape players, tape recorders, record players or televisions in the course of an assembly or festival for which a license has been issued pursuant to section of the Sacramento County Code; a parade for which a permit has been issued pursuant to section of the Sacramento County Code; or any other activity, assembly or function for which a permit or license has been duly issued pursuant to any section of this Code or the Sacramento County Code. Sec General noise regulations. (a) Notwithstanding any other section of this article and in addition thereto, it is unlawful for any person to willfully make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. (b) The standards which shall be considered in determining whether a violation of this section exists shall include but not be limited to the following: (1) The sound level of the objectionable noise. (2) The sound level of the ambient noise. (3) The proximity of the noise to residential sleeping facilities. (4) The nature and zoning of the area within which the noise emanates. (5) The density of the inhabitation of the area within which the noise emanates. (6) The time of day or night the noise occurs. (7) The duration of the noise and its tonal informational or musical content. (8) Whether the noise is continuous, recurrent or intermittent. (9) Whether the noise is produced by a commercial or noncommercial activity. Sec Administration. The administration of this article is vested in the community and economic development director. 8 Agenda Packet Page20

23 Sec Violations. (a) Any violation of any of the provisions of this article shall be and is hereby declared a public nuisance. (b) Any person who violates any provision of this article shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof and, shall be punished accordingly. Sec Administrative Enforcement. If the community and economic development director determines that a violation of this article has occurred or is occurring, the community and economic development director shall have the authority to issue a notice of administrative violation to the responsible party and impose administrative penalties pursuant to Section et seq., or to seek enforcement of this article pursuant to any applicable laws or ordinances, including, but not limited to, injunctions or criminal penalties. Sec Criminal Penalties. Violations of this article are hereby declared to be infractions. A conviction of an infraction shall be punishable by fine as follows: upon a first conviction, a fine not exceeding $100.00; upon the second conviction within one year of a prior conviction, by a fine not exceeding $200.00; upon any subsequent conviction within one year of two prior convictions, by a fine of not exceeding $ Sec Civil Injunction. The violation of any provision of this article shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of city, create a cause for injunctive relief. SECTION 2. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 3. Effective Date and Notice. This ordinance shall take effect thirty (30) days after its adoption. Within fifteen (15) days of its adoption, this ordinance shall be published at least once in a newspaper of general circulation published and circulated in the City of Citrus Heights. PASSED AND ADOPTED by the City Council of the City of Citrus Heights this 14 th day of January, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Council Members: Council Members: Council Members: Council Members: 9 Agenda Packet Page21

24 ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page22

25 Item 8 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council Fin. January 14, 2016 TO: FROM: Mayor and City Council Members Henry Tingle, City Manager David Wheaton, General Services Director Stuart Hodgkins, Principal Civil Engineer Atty. Henry Tingle, City Manager SUBJECT: Sunrise/Sungarden Signalization Improvement Project HSIPL 5475(029) Project Acceptance - City Project No Summary and Recommendation On September 25, 2014, the Citrus Heights City Council awarded a construction contract to Teichert Construction (Teichert) for the Sunrise Boulevard/Sungarden Drive Signalization Improvement Project (Project). Teichert has satisfied all the work detailed in the contract documents and the Project is now complete. Staff recommends the City Council approve the attached Resolution accepting the Project as complete and directing the General Services Director to record a Notice of Completion for the Project and release the retention amount after the 35 day lien period. Fiscal Impact The original contract amount for the combined Base Bid and Additive Alternate No. 1, based on estimated quantities, was $1,583, During progress of the work, changes in field conditions and additional work items resulted in execution of 1 Change Order. This change order increased the final adjusted contract price to $1,631,964.02, which represents a 3.08 % increase over the original contract amount. The Project was funded primarily by a Highway Safety Improvement Program Grant (HSIP), Gas Tax, Measure A Capital, General Capital Improvement Funds, Transportation Development Act (TDA) and Stormwater Utility funds. Additionally, Sacramento Regional Transit will be contributing 50% (estimated to be $67,161.02) for the cost of the bus stop improvements constructed with project. Background and Analysis Sunrise Boulevard is a high-volume, high-speed arterial and Sungarden Drive serves as a primary access point for the residential communities east and west of Sunrise as well as the Copperwood Square commercial center to the east of Sunrise. The previous configuration of this intersection made it less than ideal for vehicles entering and exiting the residential neighborhood and also for pedestrians and bicyclists crossing Sunrise and improvements here were identified as a priority in the Area 9 Traffic Safety, Accessibility and Walkability study adopted by the City Council in Agenda Packet Page23

26 Subject: Sunrise Sungarden Intersection Improvement Project, Project Acceptance Date: January 14, 2016 Page 2 of 2 In 2011, the City received a Highway Safety Improvement Program (HSIP) grant. Design commenced in December 2012 and Caltrans authorized the City to proceed with construction in August On September 25, 2014, the City Council awarded a construction contract to Teichert Construction for the Project. Work officially began in October 2014 and was substantially complete by August All punch list related work is now complete and the project is ready for final acceptance. Conclusion Staff recommends the City Council approve the attached Resolution, accepting the Sunrise Boulevard/Sungarden Drive Signalization Improvement Project as complete, authorizing the General Services Director to record a Notice of Completion with the Sacramento County Recorder and further authorizing the release of retention after the 35 day lien period. Attachments: (1) Resolution (2) Notice of Completion Agenda Packet Page24

27 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, ACCEPTING THE SUNRISE BOULEVARD - SUNGARDEN DRIVE SIGNALIZATION IMPROVEMENTS PROJECT AS COMPLETE AND AUTHORIZING THE CITY MANAGER TO RECORD A NOTICE OF COMPLETION FOR THE PROJECT WITH THE SACRAMENTO COUNTY RECORDER WHEREAS, on September 25, 2014 the City Council authorized to award the contract to Teichert Construction, for the Sunrise Boulevard Sungarden Drive Signalization Improvement Project; and WHEREAS, subject project was identified as priority in the Area 9 Traffic Safety, Accessibility and Walkability study adopted by the City Council in 2010; and WHEREAS, Teichert Construction has completed the work for the Sunrise Boulevard Sungarden Drive Signalization Improvement Project, in accordance with the special provisions and standard construction specifications, and has approved the Final Engineer s Estimate of Quantities and retention amount to be released for the project. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights that the Sunrise Boulevard Sungarden Drive Signalization Improvement Project is accepted as complete and the General Services Director is authorized to record a notice of completion for the Project with the Sacramento County Recorder and release the retention amount after the 35 day lien period. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14 th day of January, 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page25

28 Record at no fee per Govt Code 6103 Recording requested by OWNER. When recorded, mail to: City of Citrus Heights, a municipal corp. Attn: City Clerk 7927 Auburn Boulevard Citrus Heights, CA (Public Utilities Code ) SPACE ABOVE THIS LINE RESERVED FOR RECORDER S USE 1. Prime Contractor: Teichert Construction NOTICE OF COMPLETION Civil Code Project Name: Sunrise Boulevard/Sungarden Drive Signalization Improvement Project 3. Date of Completion (Acceptance): January 14, Description of Work or Materials Furnished: Installation of new sidewalk, curb and gutter, asphalt concrete paving, concrete bus stopping pad, storm drain facilities, medians, stamped crosswalks, landscaping, new traffic signals, streets lights, pavement striping. 5. Site Location: Sunrise Boulevard - Woodmore Oaks to north of McLin Way 6. Owner s Property Interest in Site is: fee easement encroachment permit lease license other: 7. Owner: City of Citrus Heights Owner s Representative: 6237 Fountain Square Drive Citrus Heights, CA Stuart Hodgkins, Principal Civil Engineer VERIFICATION I, the undersigned, say: I am the person who signed the foregoing notice. I have read said notice and know the contents thereof, and the facts stated therein are true of my knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed at Citrus Heights, California, this day of,. City of Citrus Heights David Wheaton, General Services Director Agenda Packet Page26

29 Item 9 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. January 14, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: City Council Ruthann G. Ziegler, City Attorney City Manager s Benefit Adjustment Summary and Recommendation The City Council annually reviews the City Manger s performance and determines any adjustments in benefits or compensation. By approving the attached Resolution, the Council is approving the following change in benefits for the City Manager: One-time ability to cash out an additional 160 hours of Annual Leave effective upon approval of the Resolution. Fiscal Impact The fiscal impact for FY 2015/2016 is $21,655. Background and Analysis The City does not provide automatic cost-of-living allowances to its employees, including the City Manager. Compensation is provided in the form of both salary and benefits. The City Council regularly reviews a variety of factors related to the City Manager s performance, including his performance as an individual and the City s performance as a whole. The City Council continues to be extremely pleased with the achievements of the City Manager and the City employees under his direction. The attached resolution would approve the following benefit change to the City Manager s contract: One-time ability to cash out an additional 160 hours of Annual Leave. Conclusion The attached resolution would approve the following benefit change to the City Manager s contract: One-time ability to cash out an additional 160 hours of Annual Leave. Attachments: (1) Resolution Approving a Benefit Adjustment for City Manager Henry Tingle Printed on Recycled Paper Agenda Packet Page27

30 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPROVING A BENEFIT ADJUSTMENT FOR CITY MANAGER HENRY TINGLE WHEREAS, Henry Tingle has served as City Manager since his appointment in October 1999, and during his service, the City organization has continued to provide excellent service under this City Manager s leadership; and WHEREAS, the City Manager has focused on ensuring exemplary service delivery to the citizens of Citrus Heights while judiciously managing the City s financial expenditures; and WHEREAS, the City Manager s excellent stewardship is evidenced by the fact that, during difficult financial times, the City of Citrus Heights maintained a large General Fund reserve without service reductions or employee layoffs; Citrus Heights is in an attractive position when compared to most public agencies, not only locally, but throughout the State; and WHEREAS, the City Council continues to be extremely pleased with the City Manager s leadership, innovative style, and dedication to the Community of Citrus Heights, and desires to approve a benefit adjustment for the City Manager. NOW THEREFORE BE IT RESOLVED AND ORDERED that the City of Citrus Heights does hereby approve the following benefit adjustment for the City Manager: One-time ability to cash out an additional 160 hours of Annual Leave, effective upon passage of this Resolution. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14 th day of January, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Council Members: Council Members: Council Members: Council Members: Jeannie Bruins, Mayor ATTEST: Amy Van, City Clerk Printed on Recycled Paper Agenda Packet Page28

31 Item 10 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. January 14, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Ronda Rivera, Human Resources City Information Director Sharon Neilson, Senior Management Analyst Resolution Establishing Acting Pay When Serving in the Capacity of Acting City Manager Summary and Recommendation Staff recommends Council approve the attached Resolution establishing Acting Pay set at ten percent (10%) of base pay for time served in the capacity of Acting City Manager, effective January 14, This Acting Pay is not reportable compensation under rules established by the California Public Employees Retirement System (CalPERS). Fiscal Impact The estimated fiscal impact for Fiscal Year is $2,640. The estimated impact for Fiscal Year is $2,860. Background and Analysis The City Manager classification encompasses the most significant responsibilities within the City. The Chief of Police has been designated to act as the City Manager during his absence. In recognition of these greater responsibilities, staff recommends that compensation in the form of Acting Pay be set at ten percent (10%) of base pay for time served in the capacity of Acting City Manager. This Acting Pay is not reportable compensation under rules established by CalPERS. Conclusion Staff recommends establishing Acting Pay at the rate of ten percent (10%) of base pay for all time served in the capacity of Acting City Manager. Attachments: (1) Resolution establishing Acting Pay for time served in the capacity of Acting City Manager. Printed on Recycled Paper Agenda Packet Page29

32 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS ESTABLISHING ACTING PAY WHEN SERVING IN THE CAPACITY OF ACTING CITY MANAGER WHEREAS, the City of Citrus Heights engages in sound economic planning practices; and WHEREAS, the City desires to establish Acting Pay for time served as Acting City Manager; and WHEREAS, the Chief of Police has been designated to act in the capacity of the City Manager during his absence. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Citrus Heights: The City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council as set forth below. The City Council hereby approves establishing Acting Pay set at ten percent (10%) of base pay for time served in the capacity of Acting City Manager. This Acting Pay is not reportable compensation under the rules established by the California Public Employees Retirement System (CalPERS). This resolution shall take effect January 14, The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 14th day of January 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Amy Van, City Clerk Jeannie Bruins, Mayor Agenda Packet Page30

33 Item 11 CITY OF CITRUS HEIGHTS Approved and Forwarded to City Council Fin. Memorandum Atty. Henry Tingle, City Manager January 14, 2016 TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Colleen McDuffee, Planning Manager Jason Russo, Police Lieutenant Medical Marijuana Cultivation Summary and Recommendation On December 9 th, the Planning Commission unanimously recommended approval of a Zoning Code amendment regarding medical marijuana cultivation. The City already has regulations regarding medical marijuana cultivation this amendment merely references those existing regulations within the Zoning Code. This item requires two readings of the Ordinance, one of which must be a public hearing. The public hearing for this item will occur on January 28 th. Motion No. 1: Move to introduce, read by title only and waive the first full reading of an ordinance amending the Zoning Code regarding medical marijuana cultivation as shown in Exhibit A. Fiscal Impact None Background & Analysis In 1996, California voters approved Proposition 215, also known as The Compassionate Use Act of The purpose of this Proposition was to enable persons who are in need of marijuana for specified medical purposes to obtain and use it under certain situations. In 2004, SB 420 was enacted to clarify implementation of Proposition 215. Agenda Packet Page31

34 Subject: Medical Marijuana Cultivation Zoning Code Update Date: January 14, 2016 Page 2 of 3 In 2004, Citrus Heights adopted comprehensive regulations regarding medical marijuana. The regulations adopted by the City were found in two locations: the Zoning Code and Article 47 of the Municipal Code. These regulations allowed for one medical marijuana dispensary to locate in Citrus Heights, subject to numerous standards and criteria. Following adoption of these regulations, a Use Permit was approved for one medical marijuana dispensary - however, it never opened. In 2012, the Zoning Code was amended to prohibit medical marijuana dispensaries. In 2013, the Municipal Code was amended to allow, subject to certain standards, the cultivation of medical marijuana in residential zones. The regulations are contained in Article 5 of Chapter 50 of the Municipal Code (Attachment 1). In 2014, the State legislature approved the Medical Marijuana Regulation and Safety Act (MMRSA); this Act was comprised of three bills - SB 643, AB 266, and AB 243. A summary of the MMRSA provided by the League of California Cities is provided as Attachment 2. The City will comprehensively review the requirements of the MMRSA in There is one item contained within this legislation that requires immediate action. AB 243 prohibits cultivation of medical marijuana without first obtaining both a local license/permit and a state license. However, if the City does not have land use regulations regulating or permitting the cultivation of marijuana in place by March 1, 2016, then the state is the sole licensing authority for medical marijuana cultivation. The item under consideration tonight is meant to ensure that the City has appropriate land use regulations in place by the March 1, 2016 deadline. Proposed Changes to City Regulations Chapter 50, Article 5 of the Municipal Code contains the City's existing regulations regarding medical marijuana cultivation. As contained within Article 5, medical marijuana cultivation is only allowed indoors and in residential zones (or commercial zones that contain an approved residential use). In order to ensure that we are fully consistent with the requirement of AB 243 to have land use regulations concerning medical marijuana cultivation, we are proposing amendments to the land use tables of the Zoning Code to specifically incorporate the City s existing regulations regarding medical marijuana cultivation. There are three proposed amendments to the Zoning Code: 1. Amendment to Table 2-2. Residential Land Use Table. The Residential Land Use Table would be amended to add a new land use, medical marijuana cultivation. On the right hand side of the table, an S would be added that directs the reader to Chapter 50, Article 5 of the Municipal Code. 2. Amendment to Table 2-5, Commercial Land Use Table. The Commercial Land Use Table would be amended to add a new land use, medical marijuana cultivation. On the right hand side of the table, an S would be added that directs the reader to Chapter 50, Article 5 of the Municipal Code. 3. Glossary. The following definition is proposed to be added in the Glossary: Medical Marijuana Cultivation. The planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof. Agenda Packet Page32

35 Subject: Medical Marijuana Cultivation Zoning Code Update Date: January 14, 2016 Page 3 of 3 The proposed amendments to the Zoning Code are attached in Exhibit A. Planning Commission meeting of December 9 The Planning Commission held a public hearing and considered the proposed amendments at their December 9 th meeting. There was not any public testimony during the public hearing portion of the meeting. After discussion, the Planning Commission unanimously recommended approval to the City Council of the proposed amendments. Environmental Determination This project is categorically exempt from CEQA (CEQA Guidelines Section 15061(b)(3)) under the general rule that the proposed amendments to the Zoning Code do not have the potential to have a significant effect on the environment. Conclusion The Planning Commission recommends that the Council introduce, read by title only, and waive the first full reading of Ordinance 2016-, an ordinance amending the Zoning Code regarding medical marijuana cultivation as shown in Exhibit A. Attachments 0. Planning Commission Staff Report w/o attachments 1. Chapter 50, Article 5 of the Municipal Code 2. Summary of the Medical Marijuana Regulation and Safety Act Exhibit A: Ordinance amending the Zoning Code regarding medical marijuana cultivation Agenda Packet Page33

36 ORDINANCE Exhibit A AN ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING SECTION , SECTION , AND SECTION OF CHAPTER 106, ZONING, OF THE CITRUS HEIGHTS MUNICIPAL CODE WHEREAS, Health and Safety Code section , the Compassionate Use Act of 1996 ( CUA ), adopted by the voters in the State of California, authorizes a limited defense to criminal charges for the use, possession or cultivation of marijuana for medical purposes when a qualified patient has a doctor's recommendation for the use of marijuana; and WHEREAS, Health and Safety Code section et seq., the Medical Marijuana Program Act ( MMPA ), was adopted by the state legislature and offers some clarification on the scope of the Compassionate Use Act of 1996, and section specifically authorizes cities and other governing bodies to adopt and enforce rules and regulations related to medical marijuana; and WHEREAS neither the CUA or the MMPA prevent a city from enacting nuisance and land use regulations regarding medical marijuana cultivation or dispensaries; and WHEREAS, the Legislature recently passed, and the Governor signed, several bills regulating the commercial activity of medical marijuana, including Assembly Bill 243, which assigns certain state agencies with regulatory tasks regarding commercial medical marijuana, including product labeling and environmental regulation; and WHEREAS, Section 6 of AB 243 adds Health and Safety Code section , which puts the California Department of Food and Agriculture ( DFA ) in charge of licensing of both indoor and outdoor cultivation sites in the state; and WHEREAS, Health and Safety Code section provides that the DFA shall be the sole licensing authority for medical marijuana cultivation within a city if that city does not have land use regulations or ordinances regulating or prohibiting the cultivation of marijuana in effect on March 1, 2016; and WHEREAS, Article 5 of Chapter 50 of the Municipal Code currently contains regulations regarding the cultivation of medical marijuana, but these regulations are not land use regulations; and WHEREAS, the City Council desires to retain local control over the cultivation of medical marijuana, and therefore desires to adopt a land use ordinance regulating medical marijuana cultivation that will be in effect before March 1, 2016; and WHEREAS, the cultivation of medical marijuana in other cities has resulted in calls for service to the police department, including calls for robberies and thefts; and Agenda Packet Page34

37 WHEREAS, medical marijuana cultivation could pose safety risks for surrounding neighbors, including but not limited to, risks of violent confrontation in connection with attempts to steal marijuana and the risk of fire from improperly wired electrical lights within structures growing marijuana; and WHEREAS, there is a threat to the public health, safety and welfare of the community if medical marijuana is cultivated in the City without proper regulations, and such unregulated cultivation may result in harmful effects to the businesses, property owners and residents of the City; and WHEREAS, Article XI, Section 7 of the California Constitution provides a city may make and enforce within it limits all local police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, Section of the Citrus Heights Municipal Code currently regulates the indoor cultivation of medical marijuana in residential zones and on parcels with approved residential development, and prohibits all other forms of cultivation; and WHEREAS, the City Council desires to amend the City s Zoning Ordinance to incorporate the City s existing regulations regarding medical marijuana cultivation; and WHEREAS, the Planning Commission held a duly noticed public hearing on the Zoning Ordinance amendments on December 9, 2015 at which time all interested parties had the opportunity to be heard. Following the public hearing, the Planning Commission recommended that the City Council adopt the amendments; and WHEREAS, the City Council held a duly noticed public hearing on the proposed amendments on January 28, 2016 at which time all interested parties had the opportunity to be heard. NOW THEREFORE, the City of Citrus Heights does ordain as follows: Section 1: Recitals Made Findings The above recitals are hereby declared to be true and correct and findings of the City Council of the City of Citrus Heights. Agenda Packet Page35

38 Section 2: Amendment to Zoning Code Table 2-2 of Section of the Citrus Heights Municipal Code is amended to read as follows: Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Residential and Open Space Zones UP Conditional use, Use Permit required S Permit requirement set by Specific Use Regulations Use not allowed PERMIT REQUIRED BY ZONE LAND USE (1) RD- RD- RD- RD- Specific Use RD-10 MH O Regulations AGRICULTURAL & OPEN SPACE USES Animal keeping P P P P P P P Beekeeping P P P P Community garden P P P P P P P Crop production, horticulture, orchard, vineyard P P P Medical marijuana cultivation S S S S S S S RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Equestrian facility UP UP UP Golf course UP UP P Meeting facility, public or private UP UP UP UP UP UP Park or playground, public P P P P P P P Private residential recreation facility MUP MUP MUP MUP MUP MUP MUP School, elementary through secondary UP UP UP UP UP RESIDENTIAL USES Condominium conversion UP UP UP , 060 Condominium, townhouse, row house, or cluster development P P Duplex - Corner parcel P P P Duplex - Interior parcel UP P P Home occupation P P P P P P P Mobile home park UP UP UP UP UP UP Mobile/manufactured home P P P P P P P Multi-unit dwelling - 3 or more units P P Residential accessory uses and structures P P P P P P P Residential care facility, 6 or fewer clients P P P P P P P Residential care facility, 7 to 20 clients UP UP UP UP P Residential care facility, 21 or more clients UP UP Rooming or boarding house UP UP Second dwelling unit P P P P P MUP Single dwelling P P P P P P MUP Supportive/Transitional Housing, 6 or fewer clients P P P P P P P Supportive/Transitional Housing, 7 or more clients UP UP UP UP UP RETAIL TRADE Accessory retail and services MUP MUP MUP Key to Zone Symbols RD Residential O Recreation/Open Space MH Mobile Home Notes: (1) See Article 8 for land use definitions. Agenda Packet Page36

39 Section 3: Amendment to Zoning Code Table 2-5 of Section of the Citrus Heights Municipal Code is amended to read as follows: TABLE 2-5 P Permitted Use, Zoning Clearance required Allowed Land Uses and Permit Requirements MUP Conditional use, Minor Use Permit required for Commercial and Industrial Zoning Districts UP Conditional use Permit required S Permit requirement set by Specific Use Regulations Use not allowed PERMIT REQUIRED BY DISTRICT Specific Use LAND USE (1) BP LC SC GC AC CR MP Regulations INDUSTRY, MANUFACTURING & PROCESSING, WHOLESALING Contract construction service - Indoor P P Contract construction service - Outdoor storage MUP MUP Contract construction service - Outdoor work area UP UP Manufacturing/processing - Light UP P Manufacturing/processing - Medium intensity Manufacturing/processing - Heavy Medical marijuana cultivation S S S S S S S Recycling - Small collection facility MUP MUP MUP MUP Storage - Outdoor UP UP Storage - Personal storage facility (mini-storage) UP UP MUP Storage - RVs, boats UP UP Storage - Warehouse, indoor storage P P Wholesaling and distribution P P RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Adult entertainment business S S S Bingo parlor UP Card room UP UP Commercial recreation facility - Indoor UP UP UP MUP UP Commercial recreation facility - Outdoor C UP MUP UP Conference/convention facility UP UP UP UP Fitness/health facility UP P P P P UP Golf Course UP MUP UP Library, museum P P P P Meeting facility, public or private UP UP UP UP UP Park, playground P P P P P UP School - College, university UP UP UP UP School - Elementary, middle, secondary UP UP UP School - Specialized education/training - Minor P P P P P School - Specialized education/training -Major UP UP UP UP UP Sports and entertainment assembly facility UP MUP MUP MUP Studio - Art, dance, martial arts, music, etc. S P P P S C Theater MUP MUP MUP Key to Zone Symbols BP Business and Professional Office AC Auto Commercial LC Limited Commercial CR Commercial Recreation SC Shopping Center MP Industrial/Office Park GC General Commercial Notes: (1) See Article 8 for land use definitions. Agenda Packet Page37

40 Section 4: Amendment to Zoning Code Section of the Citrus Heights Municipal Code is amended to add a definition of Medical Marijuana Cultivation which shall read as follows: Medical Marijuana Cultivation. The planting, growing, harvesting, drying or processing of marijuana plants or any part thereof. Section 5: Severability If any section of this Ordinance is determined to be unenforceable, invalid, or unlawful, such determination shall not affect the enforceability of the remaining provisions of this Ordinance. Section 6: CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15061(b)(3). Section 15061(b)(3) states that CEQA applies only to those projects that have the potential to cause a significant effect on the environment. The adoption of the proposed Ordinance is exempt from CEQA because the adoption of the proposed amendments to the Municipal Code does not, in itself, allow the construction of any building or structure. This Ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately. Section 7: Effective Date and Publication This Ordinance shall take effect thirty (30) days after its adoption, and within fifteen (15) days after its passage, shall be posted in three public places. PASSED AND ADOPTED by the City Council of the City of Citrus Heights this day of, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Jeannie Bruins, Mayor ATTEST: Amy Van, City Clerk Agenda Packet Page38

41 CITY OF CITRUS HEIGHTS PLANNING DIVISION STAFF REPORT PLANNING COMMISSION MEETING December 9, 2015 Prepared by: Colleen McDuffee, Planning Manager REQUEST The City of Citrus Heights is requesting approval of amendments to the Zoning Code regarding medical marijuana cultivation. File Name & Number: Applicant: Zoning Ordinance Amendment - Medical marijuana cultivation (File# OTA-15-06) City of Citrus Heights 7927 Auburn Blvd. Citrus Heights, CA SUMMARY RECOMMENDATION Staff recommends approval of the following motion: MOTION 1: MOVE TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE ATTACHED AMENDMENTS TO THE ZONING CODE REGARDING MEDICAL MARIJUANA CULTIVATION. THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE GENERAL PLAN AND WOULD NOT BE DETRIMENTAL TO THE PUBLIC INTEREST, HEAL TH, SAFETY, CONVENIENCE OR WELFARE OF THE CITY. Background In 1996, California voters approved Proposition 215, also known as The Compassionate Use Act of The purpose of this Proposition was to enable persons who are in need of marijuana for specified medical purposes to obtain and use it under certain situations. In 2004, SB 420 was enacted to clarify implementation of Proposition 215. In 2004, Citrus Heights adopted comprehensive regulations regarding medical marijuana. The regulations adopted by the City were found in two locations: the Zoning Code and Article 47 of the Municipal Code. These regulations allowed for one medical marijuana dispensary to locate in Citrus Heights, subject to numerous standards and criteria. Following adoption of these regulations, a Use Permit was approved for one medical marijuana dispensary - however, it never opened. In 2012, the Zoning Code was amended to prohibit medical marijuana dispensaries. In 2013, the Municipal Code was amended to allow, subject to certain standards, the cultivation of medical marijuana in residential zones. The regulations are contained in Article 5 of the Zoning Code (Attachment 1 ). Agenda Packet Page39

42 In 2014, the State legislature approved the Medical Marijuana Regulation and Safety Act (MMRSA); this Act was comprised of three bills - SB 643, AB 266, and AB 243. A summary of the MMRSA provided by the League of California Cities is provided as Attachment 2. The City will comprehensively review the requirements of the MMRSA in There is one item contained within this legislation that requires immediate action. AB 243 prohibits cultivation of medical marijuana without first obtaining both a local license/permit and a state license. However, if the City does not have land use regulations regulating or permitting the cultivation of marijuana in place by March 1, 2016, then the state is the sole licensing authority for medical marijuana cultivation. The item under consideration tonight is meant to ensure that the City has appropriate land use regulations in place by the March 1, 2016 deadline. Proposed Changes to City Regulations Article 5 of the Municipal Code contains the City's existing regulations regarding medical marijuana cultivation. As contained within Article 5, medical marijuana cultivation is only allowed indoors and in residential zones (or commercial zones that contain an approved residential use). In order to ensure that we are fully consistent with the requirement of AB 243 to have land use regulations concerning medical marijuana cultivation, we are proposing amendments to the land use tables of the Zoning Code to specifically incorporate the City s existing regulations regarding medical marijuana cultivation. There are three proposed amendments to the Zoning Code: 1. Amendment to Table 2-2. Residential land Use Table. The Residential land Use Table would be amended to add a new land use, medical marijuana cultivation. On the right hand side of the table, an S would be added that directs the reader to Article 5 of the Municipal Code. 2. Amendment to Table 2-5, Commercial Land Use Table. The Commercial land Use Table would be amended to add a new land use, medical marijuana cultivation. On the right hand side of the table, an S would be added that directs the reader to Article 5 of the Municipal Code. 3. Glossary. The following definition is proposed to be added in the Glossary: Medical Marijuana Cultivation. The planting, growing, harvesting, drying, or processing of marijuana plants or any part thereof. The proposed amendments to the Zoning Code are attached in Exhibit A. Environmental Determination This project is categorically exempt from CEQA (CEQA Guidelines Section 15061(b)(3)) under the general rule that the proposed amendments to the Zoning Ordinance do not have the potential to have a significant effect on the environment. RECOMMENDATION The Planning Division recommends that the Planning Commission take the following action: Agenda Packet Page40

43 MOTION 1: MOVE TO RECOMMEND THAT THE CITY COUNCIL APPROVE THE ATTACHED AMENDMENTS SHOWN IN EXHIBIT A MODIFYING THE MEDICAL MARIJUANA CULTIVATION PROVISIONS OF THE ZONING CODE. THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE GENERAL PLAN AND WOULD NOT BE DETRIMENTAL TO THE PUBLIC INTEREST, HEAL TH, SAFETY, CONVENIENCE OR WELFARE OF THE CITY. Attachments: 1. Article 5 of the Municipal Code 2. Summary of Medical Marijuana Regulation and Safety Act Exhibit: A. Proposed changes modifying the medical marijuana cultivation regulations of the Zoning Code Table 2-2 Residential Land Use Table Table 2-5 Commercial Land Use Table Glossary Agenda Packet Page41

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54 Item 12 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. January 14, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Amy Van, City Clerk Appointments to Regional Boards and Committees Summary and Recommendation Each January, the Mayor makes appointments to several regional boards and local committees. Four of the regional boards require appointments to be made by a formal motion of the City Council. These boards include: Sacramento Metropolitan Air Quality Management District (SMAQMD); Sacramento Regional County Sanitation District (SRCSD) and Sacramento Area Sewer District (SASD); Sacramento Transportation Authority (STA); and Sacramento Area Council of Governments (SACOG). After the Mayor has made the 2016 board and committee appointments, staff recommends that the City Council ratify those appointments by adopting: 1. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as the Representative on the Sacramento Metropolitan Air Quality Management District (SMAQMD) Board of Directors, and Appointing a Member to Serve as the Alternate; 2. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as the Representative on the Sacramento Regional County Sanitation District (SRCSD) and Sacramento Area Sewer District (SASD) Boards of Directors, and Appointing a Member to Serve as the Alternate; 3. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as the Representative on the Sacramento Transportation Authority (STA), and Appointing a Member to Serve as the Alternate; and Printed on Recycled Paper Agenda Packet Page52

55 Subject: Appointments to Regional Boards and Commissions Date: January 14, 2016 Page 2 of 2 4. Resolution No A Resolution of the City Council of the City of Citrus Heights, California, Appointing a Citrus Heights Member to Serve as a Director to the Sacramento Area Council of Governments (SACOG) Board of Directors, and Appointing a Member to Serve as the Alternate. Attachments: Resolutions Agenda Packet Page53

56 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPOINTING A CITRUS HEIGHTS MEMBER TO SERVE AS THE REPRESENTATIVE ON THE SACRAMENTO METROPOLITAN AIR QUALITY MANAGEMENT DISTRICT (SMAQMD) BOARD OF DIRECTORS, AND APPOINTING A MEMBER TO SERVE AS THE ALTERNATE WHEREAS, the Sacramento Metropolitan Air Quality Management District jurisdiction is comprised of the County of Sacramento and its incorporated cities, and their mission is to achieve clean air goals by leading the region in protecting public health and the environment through innovative and effective programs, dedicated staff, community involvement, and public education; and WHEREAS, the City of Citrus Heights recognizes that it has an important role in helping to improve air quality to protect the public health; and WHEREAS, Health & Safety Code Section 40980(e)(1) requires that the members of the governing Board who are mayors or city council members shall be selected by the City Selection Committee if the District only contains one county; and WHEREAS, Health & Safety Code Section 40980(e)(2) requires that subsequent appointments to represent a single city with the district on the SMAQMD Board shall be made by the city council of that city at a regularly scheduled city council meeting, consistent with state notice requirements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Citrus Heights declares the following: The City of Citrus Heights appoints to serve as the City s representative on the SMAQMD Board of Directors. The City of Citrus Heights appoints to serve as the City s alternate representative on the SMAQMD Board of Directors. PASSED AND ADOPTED this 14 th day of January 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Council Members: Council Members: Council Members: Council Members: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Printed on Recycled Paper Agenda Packet Page54

57 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPOINTING A CITRUS HEIGHTS MEMBER TO SERVE AS THE REPRESENTATIVE ON THE SACRAMENTO REGIONAL COUNTY SANITATION DISTRICT (SRCSD) AND SACRAMENTO AREA SEWER DISTRICT (SASD) BOARDS OF DIRECTORS, AND APPOINTING A MEMBER TO SERVE AS THE ALTERNATE WHEREAS, the Sacramento Regional County Sanitation District (SRCSD) was formed in 1973 and provides regional wastewater conveyance and treatment services to residential, industrial and commercial customers throughout Sacramento County and the cities of Citrus Heights, Elk Grove, Folsom, Rancho Cordova, Sacramento and West Sacramento; and WHEREAS, the Sacramento Area Sewer District (SASD) was formed in 1978 and is a sewer utility providing service to more than one million people in the Sacramento region. Wastewater that is collected in their system flows into the SRCSD interceptor system, where it is conveyed to the Sacramento Regional Wastewater Treatment Plan; and WHEREAS, pursuant to Health and Safety Code Section and the Districts are governed by Boards comprised of representatives from the respective governing bodies of the jurisdictions served by SRCSD and SASD; and WHEREAS, each City Council must designate (by a vote) the member(s) of their Council to become a director on the SRCSDS Board and SASD Board, as well as specifying alternates. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Citrus Heights declares the following: The City of Citrus Heights appoints to serve as the City s representative on the SRCSD and SASD Boards of Directors. The City of Citrus Heights appoints to serve as the City s alternate representative on the SRCSD and SASD Boards of Directors. PASSED AND ADOPTED this 14 th day of January 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members: Council Members: Council Members: Council Members: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Printed on Recycled Paper Agenda Packet Page55

58 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPOINTING A CITRUS HEIGHTS MEMBER TO SERVE AS THE REPRESENTATIVE ON THE SACRAMENTO TRANSPORTATION AUTHORITY (STA), AND APPOINTING A MEMBER TO SERVE AS THE ALTERNATE WHEREAS, the Sacramento Transportation Authority (STA) was created in 1988 when Sacramento County s electorate approved Measure A, pursuant to Public Utilities Code Section ; and WHEREAS, the STA is comprised of the County of Sacramento and its incorporated cities; and WHEREAS, the City of Citrus Heights is entitled to one Council Member and alternate who shall be appointed by and serve during his/her term of office at the pleasure of the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Citrus Heights declares as follows: The City of Citrus Heights appoints to serve as the City s representative on the STA Board of Directors. The City of Citrus Heights appoints to serve as the City s alternate representative on the STA Board of Directors. PASSED AND ADOPTED on this 14 th day of January 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Council Members: Council Members: Council Members: Council Members: Jeannie Bruins, Mayor ATTEST: Amy Van, City Clerk Printed on Recycled Paper Agenda Packet Page56

59 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPOINTING A CITRUS HEIGHTS MEMBER TO SERVE AS DIRECTOR TO THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS (SACOG) BOARD OF DIRECTORS, AND APPOINTING A MEMBER TO SERVE AS THE ALTERNATE. WHEREAS, the City of Citrus Heights is a member of the Sacramento Area Council of Governments (SACOG); and WHEREAS, the City of Citrus Heights is entitled to one Director and Alternate seat who shall be a Mayor or a City Council member appointed by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Citrus Heights declares as follows: The City of Citrus Heights appoints to serve as SACOG Director The City of Citrus Heights appoints to serve as Alternate SACOG Director. BE IT FURTHER RESOLVED that the City Clerk is directed to send a copy of this resolution to SACOG within ten days after adoption. PASSED AND ADOPTED on this 14 th day of January 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: Council Members: Council Members: Council Members: Council Members: Jeannie Bruins, Mayor ATTEST: Amy Van, City Clerk Printed on Recycled Paper Agenda Packet Page57

60 Item 13 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. January 14, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Amy Van, City Clerk Appointment to the Sacramento-Yolo Mosquito and Vector Control District Board Summary and Recommendation The City s appointment to the Sacramento-Yolo Mosquito and Vector Control District (SYMVCD) term expired on December 31, Dr. Jayna Karpinski-Costa was originally appointed to the SYMVCD on January 24, 2008 and was re-appointed on January 14, 2010, January 12, 2012 and January 9, Dr. Karpinski-Costa has served as the City s representative on the SYMVCD for a total of eight years. The options for filling the appointment are as follows: 1. Move to reappoint Dr. Jayna Karpinski-Costa for a term of two or four years; or 2. Direct staff to re-advertise the vacancy and accept additional applications for appointment. Background and Analysis Health and Safety Code Section 2021(d) provides that City Council of each city located within the Sacramento-Yolo Mosquito and Vector Control District to appoint one person to the board of trustees. The term of office for a member of the board shall be for a term of two or four years, at the discretion of the City Council. Each person appointed by the City Council must be a registered voter and a resident of the City. Health and Safety Code Section 2022(c) provides for the appointment of City Council Members to the SYMVCD Board, notwithstanding any other provision of law including the common law doctrine that precludes the simultaneous holding of incompatible offices The City advertised the vacancy and received a total of one application from Dr. Janya Karpinski-Costa. Printed on Recycled Paper Agenda Packet Page58