CITY OF CITRUS HEIGHTS CITY COUNCIL

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5 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, July 28, 2016 Citrus Heights Community Center 6300 Fountain Square Dr., Citrus Heights, CA Teleconference Location 7655 Glenacre Way, Citrus Heights, CA Special Meeting 6:00 p.m. Regular Meeting 7:00 p.m. This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953, Teleconferencing. Any member of the public may attend this meeting at either the Council Chambers or at the teleconference location. 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) July 22, 2016 Amy Van, City Clerk Printed on Recycled Paper Agenda Packet Page1

6 Citrus Heights City Council Thursday, July 28, 2016 Please turn off all cellular phones and pagers while the City Council meeting is in session. 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. Proposition 64, Adult Use of Marijuana Act 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. Sunrise Christian Food Ministry Program Update 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 Page 2 of 5 Printed on Recycled Paper Agenda Packet Page2

7 Citrus Heights City Council Thursday, July 28, 2016 record. Normally, speakers are limited to five minutes each with 30 minutes being allowed for 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 are requested by a Council Member. 5. SUBJECT: Approval of Minutes RECOMMENDATION: Approve the Minutes of the Special and Regular Meetings of June 23, SUBJECT: Appointment of City Manager, Effective October 1, 2016, and Approval of City Manager Employment Agreement, Setting Terms and Conditions of Employment, Including Salary and Benefits RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Appointing Christopher W. Boyd as City Manager, Effective October 1, 2016, and Approving an Employment Agreement with Christopher W. Boyd for Service as City Manager, and Setting the Terms and Conditions of Employment. 7. SUBJECT: Quarterly Treasurer s Report STAFF REPORT: S. Daniell RECOMMENDATION: Staff Recommends that the Council Receive and File the Quarterly Treasurer s Report for the Quarter Ending June 30, SUBJECT: Adopting the Amended Payrate Schedule STAFF REPORT: R. Rivera RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights Adopting the Amended Payrate Schedule 9. SUBJECT: Approval of a Side Letter Agreement with the Citrus Heights Police Officers Association (CHPOA) to the Memorandum of Understanding Covering the Period of October 1, 2009 through September 30, 2012 Mutually Extended to September 30, 2016 STAFF REPORT: M. Alejandrez / R. Rivera / A. Turcotte RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Adopting a Side Letter Agreement with the Citrus Heights Police Officers Association PUBLIC HEARINGS 10. SUBJECT: First Reading Amendments to the Zoning Code in Regards to Temporary Uses OTA STAFF REPORT: A. Bermudez / C. McDuffee Page 3 of 5 Printed on Recycled Paper Agenda Packet Page3

8 Citrus Heights City Council Thursday, July 28, 2016 RECOMMENDATION: Introduce for a First Reading, Read by Title Only and Waive the First Full Reading of Ordinance No , An Ordinance of the City of Citrus Heights to Amend Certain Sections of the Zoning Code in Regards to Temporary Uses 11. SUBJECT: Landscape Maintenance Assessment Districts Levy Assessments STAFF REPORT: D. Wheaton / S. Hodgkins / A. Flores RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, to Confirm the Diagram and Assessment and to Levy Fiscal Year 2016/2017 Assessments for Landscaping Maintenance Assessment District No (Zones 1, 2, 3, and 4) 12. SUBJECT: Landscape Maintenance Assessment Districts 98-01, 98-02, and Levy of Fiscal Year 2016/2017 Assessments STAFF REPORT: D. Wheaton / S. Hodgkins / A. Flores RECOMMENDATION: Staff Recommends that the City Council Adopt the Following Resolutions: a. Adopt Resolution No ; A Resolution of the City Council of the City of Citrus Heights, California, to Confirm the Diagram and Assessment and to Levy Fiscal Year 2016/2017 Assessments for Landscape Maintenance REGULAR CALENDAR b. Adopt Resolution No ; A Resolution of the City Council of the City of Citrus Heights, California, to Confirm the Diagram and Assessment and to Levy Fiscal Year 2016/2017 Assessments for Landscape Maintenance Assessment District No (Zones 1: Sorenson Ranch and 2: Autumnwood) c. Adopt Resolution No ; A Resolution of the City Council of the City of Citrus Heights, California, to Confirm and Diagram and Assessment and to Levy Fiscal Year 2016/2017 Assessments for Landscape Maintenance Assessment District No (Stock Ranch Zones 1 & 2) 13. SUBJECT: Citrus Heights Lighting Assessment District Initiate Proceedings for Fiscal Year 2016/2017 Annual Update STAFF REPORT: D. Wheaton / S. Hodgkins / L. Blomquist RECOMMENDATION: Staff Recommends that the City Council Adopt the Following Resolutions: a. Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, to Initiate Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the City of Citrus Heights Lighting District b. Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, for the Intention to Levy and Collect Page 4 of 5 Printed on Recycled Paper Agenda Packet Page4

9 Citrus Heights City Council Thursday, July 28, 2016 Assessments for Fiscal Year 2016/2017 for the City of Citrus Heights Lighting District 14. SUBJECT: Agreement with MCE Corporation for Vegetation Management Services STAFF REPORT: D. Wheaton / C. Fallbeck RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an Agreement with MCE Corporation for Vegetation Management Services for the Time Period of August 1, 2016 Through June 30, SUBJECT: First Reading - Technical Amendment to Business License Ordinance Relating to Vending STAFF REPORT: S. Daniell RECOMMENDATION: Introduce for a First Reading, Read by Title Only and Waive the First Full Reading of Ordinance No An Ordinance of the City of Citrus Heights Amending Article II of Chapter 22 of the Citrus Heights Code Relating to Business License and Vending 16. SUBJECT: Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference STAFF REPORT: A. Van RECOMMENDATION: Staff Recommends that the City Council Make a Motion to Designate a Voting Delegate and Alternate(s) to Participate at the Annual Business Meeting on October 7, 2016, During the League of California Cities Annual Conference DEPARTMENT REPORTS CITY MANAGER ITEMS ITEMS REQUESTED BY COUNCIL MEMBERS/ FUTURE AGENDA ITEMS ADJOURNMENT Page 5 of 5 Printed on Recycled Paper Agenda Packet Page5

10 CITY OF CITRUS HEIGHTS Item 5 CITY COUNCIL SUCCESSOR AGENCY OF THE COMMUNITY REDEVELOPMENT AGENCY MINUTES Special/Regular Meetings of Thursday, June 23, 2016 Citrus Heights Community Center 6300 Fountain Square Drive, Citrus Heights, CA CALL SPECIAL MEETING TO ORDER The special council meeting was called to order at 6:00 p.m. by Mayor Bruins. 1. Roll Call: Council Members present: Frost, Turner, Slowey and Bruins Council Members absent: Miller Staff present: Boyd, Rivera, Ziegler and department directors. PUBLIC COMMENT STUDY SESSION 2. Fiscal Year 2016/2017 Annual Budget Workshop Department Presentations Each department director provided an overview of their department s accomplishments for FY 2015/2016 and they also highlighted their department s goals for FY 2016/2017. Finance Director Daniell presented an overview of the Community Support Funding proposed for FY 2016/2017 as follows: Meals on Wheels $82,909 Campus Life Connection $10,000 A Community for Peace $0 Community Marching Band $5,000 The Glass Slipper $5,000 Sunrise Christian Food Ministry $5,000 River City Cat Rescue $4,500 Sacramento Self-Help Housing $15,400 Terra Nova Counseling $2,845 Veterans Golf Park $0 Misc. Community Support $8,000 TOTAL $138,654 ADJOURNMENT Mayor Bruins adjourned the special meeting at 6:50 p.m. CALL REGULAR MEETING TO ORDER The regular council meeting was called to order at 7:00 p.m. by Mayor Bruins. 1. The flag salute was led by Mayor Bruins. 2. Roll Call: Council Members present: Frost, Turner, Slowey and Bruins Agenda Packet Page6

11 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, 2016 Council Members absent: Miller Staff present: Bermudez, Boyd, Daniell, Poole, Rivera, Rodriguez, Ziegler and department directors. 3. The video statement was read by Human Resources/City Information Director Rivera. APPROVAL OF AGENDA On a motion by Vice Mayor Slowey, seconded by Council Member Frost, the City Council approved the agenda. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller PRESENTATIONS 4. Auburn Boulevard Business Association Presentation Richard Hale, owner of Walt s Auto Service and Chair of the Auburn Boulevard Business Association, he presented an overview of the Association s goals that include partnering with the Citrus Heights Police Department on homelessness issues, coordinate efforts with other business groups and create partnerships, improve aesthetics and image through more proactive code enforcement, and work to become a property-based business improvement district. COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES Council Member Turner provided a report from the Quality of Life Committee meeting. He commented on the Citrus Heights Police Department 10 Year Anniversary event. Council Member Frost toured the New Sylvan School project. She commented on the Citrus Heights Police Department 10 Year Anniversary event. She attended an Indian Association meeting that celebrated cultural diversity. She announced that the Red, White & Blue Parade will be held on June 25 th. Vice Mayor Slowey provided a report from the Regional Transit Board meeting. He also provided a report from the Sacramento Area Council of Governments Board meeting. He commented on the Citrus Heights Police Department 10 Year Anniversary event. Mayor Bruins commented on the Citrus Heights Police Department 10 Year Anniversary event. She announced the Red, White & Blue parade will be held on June 25 th. She announced that applications for the Chamber of Commerce Leadership Citrus Heights program are now available. PUBLIC COMMENT Douglas Nelson, owner of College Oak Towing stated they have towed various vehicles that are abandoned, inoperable, etc. at the request of the Citrus Heights Police Department. He stated there is a great cost to the towing company because they are not compensated for anything they tow until the vehicle is picked up or there is a lien placed on the vehicle. He stated he is working with the Page 2 Agenda Packet Page7

12 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, 2016 Citrus Heights Police Department to see if funding is available through the abatement programs via vehicle license registration fees. Bianca Nickols with Off the Grid Services spoke in support of the proposed amendments to the temporary use permits specifically surrounding mobile food gatherings. Off the Grid believes temporary use permits are appropriate for food trucks. Luanne Leineke spoke on behalf of Neighborhood Association Area 6 an provided and update on their events and activities over the past year. Tonya Wagner stated she was able to attend the Neighborhoods USA conference and provided highlights from the event. Dr. Jayna Karpinski-Costa, Citrus Heights representative on the Sacramento-Yolo Mosquito and Vector Control District Board provided an update on West Nile and what the District is doing to abate mosquitos. She provided an overview of the criteria that the District uses prior to conducting aerial spraying. CONSENT CALENDAR 5. SUBJECT: Approval of Minutes RECOMMENDATION: Approve the Minutes of the Regular Meeting of June 9, SUBJECT: Second Reading Amending Article II Chapter 50 Nuisances to Include Procedures for Vehicle Abatement on Private Property, Amend the Title of Neighborhood Enhancement Officer to Code Enforcement Officer and Eliminate References to the Community Development Director STAFF REPORT: C. Boyd / J. Russo RECOMMENDATION: Adopt Ordinance No , An Ordinance of the City of Citrus Heights, California, Amending Article II of Chapter 50 of the Citrus Heights Municipal Code Relating to Code Enforcement Administration and Responsibilities and Abandoned, Wrecked, Dismantled or Inoperative Vehicles 7. SUBJECT: Contract Amendment for Goldfarb & Lipman to Provide Legal Services for FY Related to the Dissolution of the Community Redevelopment Agency of the City of Citrus Heights STAFF REPORT: R. Sherman / D. Rodriguez RECOMMENDATION: Adopt Resolution No S, A Resolution of the Successor Agency to the Community Redevelopment Agency of the City of Citrus Heights Authorizing the Agency Executive Director to Execute an Agreement with Goldfarb & Lipman for Fiscal Year Legal Services 8. SUBJECT: Approval of Fiscal Year Successor Agency Administrative Budget STAFF REPORT: R. Sherman / D. Rodriguez RECOMMENDATION: Adopt Resolution No S, A Resolution of the Successor Agency to the Community Redevelopment Agency of the City of Citrus Heights Approving the Fiscal Year Successor Agency Administrative Budget Page 3 Agenda Packet Page8

13 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, SUBJECT: Memorandum of Understanding (MOU) Between the City of Citrus Heights and the City of Sacramento for Residential Fee for Service Use of the Sacramento Household Hazardous Waste (HHW) Facility STAFF REPORT: D. Wheaton / M. Poole RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the Memorandum of Understanding (MOU) with the City of Sacramento for Participation at the Permanent Household Hazardous Waste (HHW) Collection Facility and Authorizing the City Manager to Execute the Agreement 10. SUBJECT: Contract Execution with Sacramento Self Help Housing for Homeless Navigator Services STAFF REPORT: C. Boyd / R. Sherman / K. Cooley RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute a Contract with Sacramento Self Help Housing for Homeless Navigation Services 11. SUBJECT: Mariposa Avenue Slope Repair Project Award of Contract City PN STAFF REPORT: D. Wheaton / C. Fallbeck RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an Agreement with Central Valley Engineering and Asphalt, Inc., for the Mariposa Avenue Slope Repair Project 12. SUBJECT: Appropriation Limit for Fiscal Year STAFF REPORT: S. Daniell RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Establishing an Appropriation Limit for the Fiscal Year SUBJECT: Brooktree Creek at Parkoaks Drive Creek Repair and Restoration Project Award of Contract City PN STAFF REPORT: D. Wheaton / C. Fallbeck RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heightgs, California, Authorizing the City Manager to Execute an Agreement with Glissman Excavating Inc. for the Brooktree Creek at Parkoaks Drive Creek Repair and Restoration Project ACTION: On a motion by Council Member Frost, seconded by Council Member Turner, the City Council approved Consent Calendar Items 5, 6, 7, 8, 9, 10, 11, 12 and 13. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller Page 4 Agenda Packet Page9

14 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, 2016 PUBLIC HEARING 14. SUBJECT: Amendments to the Zoning Code in Regards to Temporary Uses OTA STAFF REPORT: A. Bermudez / C. McDuffee RECOMMENDATION: The Planning Commission Recommends the Following Motions: a. Determine that the proposed project is exempt from CEQA under Section 15061(b)(3): and b. Introduce for a First Reading, Read by Title Only and Waive the First Full Reading of Ordinance No , An Ordinance of the City of Citrus Heights to Amend Certain Sections of the Zoning Code in Regards to Temporary Uses Associate Planner Bermudez reported that in September 2015, staff presented a workshop to Council seeking feedback on temporary uses. She explained that temporary uses are items such as farmer s markets, food trucks/mobile food vending, produce stands, special events and other similar activities. The City s Zoning Code currently addresses these uses in two sections which are: itinerant vending addresses the sell of goods; and temporary uses addresses the short-term activities. Staff is proposing to classify all short-term activities as a temporary use and eliminate itinerant vendors, update definitions, update the land use table and combine temporary uses into one section. New activities that would be allowed without a temporary use permit would include special event/sale held indoors and vending on demand. Additionally, new activities allowed with approval of a temporary use permit would include auto sales in large commercial areas for up to three consecutive days, not to exceed 12 days per year, off-site staging areas related to construction projects, and reoccurring community events with a maximum of 10 consecutive days. She also provided a review of revised regulations specific to vending. Mayor Bruins opened the public hearing at 7:54 p.m. Public Comment: Kathilynn Carpenter, with the Sunrise MarketPlace requested more flexibility related to auto sales to also include portable pools, spas, trailers, and those types of items. The MarketPlace feels that it should be at the discretion of the property owner who would have to approve the temporary use. She stated the MarketPlace is opposed to any type of semi-permanent installation of food trucks. She gave an example of six to seven food trucks in one area two to three times a week for consecutive days for a year. They would like to make sure staff has the discretion to take into consideration proximity of restaurants, duration, frequency and those of type things when reviewing the temporary use. Associate Planner Bermudez presented some proposed language to address concerns from Sunrise MarketPlace as follows, temporary reoccurring events would be authorized one-time per week unless a greater frequency is authorized by the Planning Commission. Mayor Bruins suggested that staff continue to work with the Sunrise MarketPlace and other business groups to receive comments on the proposed changes and to bring back some modified language related to vending regulations on the sale of goods and food trucks. Page 5 Agenda Packet Page10

15 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, 2016 Mayor Bruins closed the public hearing at 8:13 p.m. The City Council continued Item 14 to a future City Council meeting. 15. SUBJECT: Public Hearing for the Financing of Certain Facilities from the Sale of Tax- Exempt Obligations Financing of the Dignity Health Medical Office Building STAFF REPORT: H. Tingle RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the Issuance of Bonds by the California Municipal Finance Authority for the Purpose of Financing Renovation and Construction of a Medical Office Building, and Certain Other Matters Relating Thereto City Attorney Ziegler reported that the developer for the Medical Office Building is using taxexempt revenue bonds to finance certain construction and acquisition costs. The IRS requires that the City conduct a public hearing for this type of tax-exempt financing. Mayor Bruins opened the public hearing at 8:15 p.m.; hearing no speakers she closed the public hearing. ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Turner, the City Council adopted Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the Issuance of Bonds by the California Municipal Finance Authority for the Purpose of Financing Renovation and Construction of a Medical Office Building, and Certain Other Matters Relating Thereto. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller REGULAR CALENDAR 16. SUBJECT: Budget Adoption STAFF REPORT: S. Daniell RECOMMENDATION: Staff Recommends that the City Council Adopt the Following Resolutions: a. Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the FY Annual Budget and FY Through Five Year Capital Improvement Program (CIP) b. Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Authorizing One New Part-Time Position and to Increase the Full Time Equivalent (FTE) of One Position for the Annual Budget for the City of Citrus Heights c. Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Adopting the Amended Payrate Schedule Page 6 Agenda Packet Page11

16 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, 2016 d. Adopt Resolution No , A Resolution Approving Adjustments to the Broad Band Salary Ranges Finance Director Daniell reported that the City continues to be financially stable. She reported the projected revenues are expected to be $34 million and if Council wishes to exercise their lease option of purchasing City Hall upon occupancy then we will transfer $14.2 million from Reserves. The expenses are budgeted at $34 million and $14 million for the Capital Improvement Fund. ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Turner, the City Council adopted Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the FY Annual Budget and FY Through Five Year Capital Improvement Program (CIP). AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Frost, the City Council adopted Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Authorizing One New Part-Time Position and to Increase the Full Time Equivalent (FTE) of One Position for the Annual Budget for the City of Citrus Heights. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Turner, the City Council adopted Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Adopting the Amended Payrate Schedule. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Frost, the City Council adopted Resolution No , A Resolution Approving Adjustments to the Broad Band Salary Ranges. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller 17. SUBJECT: Approve Contract with North Star Destination Strategies to Provide Consulting Services to the City Awareness / Promotion Campaign STAFF REPORT: R. Sherman / D. Rodriguez RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving a Professional Services Contract with North Star Destination Strategies for the Development of a City Awareness/Promotion Campaign Page 7 Agenda Packet Page12

17 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, 2016 Development Specialist Rodriguez reported that as the City approaches its 20 th year of cityhood the timing is appropriate to kick-off the City s first awareness and promotion campaign. She stated the goal of the campaign is to focus people on Citrus Heights most positive differentiator. The campaign would be focused on attracting consumers outside of Citrus Heights to shop do business, and to attract young families to live in the City. The City released a request for proposals and received a total of five proposals. The City interviewed three of the firms and narrowed it down to two final proposals. Staff is recommending approval of a professional services contract with North Star Destination Strategies for the development of a City Awareness/Promotion Campaign. Public Comment Kathilynn Carpenter with the Sunrise MarketPlace spoke in support of the awareness/promotion campaign. 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, California, Approving a Professional Services Contract with North Star Destination Strategies for the Development of a City Awareness/Promotion Campaign. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller 18. SUBJECT: Agreement for Animal Shelter Services Between the City of Citrus Heights and the County of Sacramento STAFF REPORT: D. Wheaton / M. Poole RECOMMENDATION: Adopt Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the Agreement for Animal Sheltering Services with Sacramento County and Authorizing the City Manager to Execute the Agreement Operations Manager Poole reported that the City has contracted with Sacramento County for shelter services since incorporation. The proposed agreement for Council s consideration is taking into consideration the increased costs that the County has experienced since She provided an overview of cost trends and intake numbers for shelter services. The Animal Services Division s goals are to continue to reduce shelter intake numbers, identify options for alternative sheltering, and continue to seek grant funds to support programs. She responded to questions from Council Members. ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Frost, the City Council adopted Resolution No , A Resolution of the City Council of the City of Citrus Heights, California, Approving the Agreement for Animal Sheltering Services with Sacramento County and Authorizing the City Manager to Execute the Agreement. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller Page 8 Agenda Packet Page13

18 Citrus Heights City Council Minutes Special/Regular Meeting of June 23, SUBJECT: First Reading Business License Ordinance Amendment Technical Amendment to Business License Ordinance Relating to Vending STAFF REPORT: S. Daniell RECOMMENDATION: Staff recommends that the City Council Introduce for a First Reading, Read by Title Only and Waive the First Full Reading of Ordinance No An Ordinance Amending Article II of Chapter 22 of the Citrus Heights Code Relating to Business Licenses and Vending ACTION: On a motion by Vice Mayor Slowey, seconded by Council Member Turner, the City Council continued Item 19 to a future City Council meeting. AYES: Frost, Turner, Slowey and Bruins NOES: None ABSENT: Miller DEPARTMENT REPORTS None CITY MANAGER ITEMS None ITEMS REQUESTED BY COUNCIL MEMBERS/FUTURE AGENDA ITEMS None ADJOURNMENT Mayor Bruins adjourned the regular meeting at 9:00 p.m. Respectfully submitted, Amy Van, City Clerk Page 9 Agenda Packet Page14

19 Item 6 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. July 28, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Ruthann G. Ziegler, City Attorney Resolution to Appoint Christopher W. Boyd as City Manager, Effective October 1, 2016, and to Approve a City Manager Employment Agreement with Christopher W. Boyd Setting the Terms and Conditions of Employment, Including Salary and Benefits Summary and Recommendation At the regular meeting of July 14, 2016, the Mayor announced that the City Council unanimously selected Christopher W. Boyd to serve as the next City Manager. Adoption of the attached Resolution would formally approve his appointment, effective October 1, 2016, and approve the attached Employment Agreement with Christopher W. Boyd to serve as City Manager, and establish the terms and conditions of his employment. Adopt Resolution No 2016-, appointing Christopher W. Boyd as City Manager, effective October 1, 2016, and approving an Employment Agreement with Christopher W. Boyd for service as City Manager, and setting the terms and conditions of employment. Fiscal Impact Under the proposed Employment Agreement, the City Manager s annual salary will be $255,000 per year, plus benefits. Any merit increases will be made at the sole discretion of the City Council. The Agreement provides for a slight increase in Boyd s overall compensation as compared to his current position as Chief of Police. The City s negotiators believe this is appropriate given his greater responsibilities as City Manager. Background and Analysis In January 2016, current City Manager Henry Tingle announced that he plans to retire as of September 30, 2016, after 18 years of service to the City. On July 14, 2016, Mayor Bruins announced that the City Council unanimously selected current Citrus Heights Police Chief Christopher W. Boyd to serve as the next City Manager of the City of Citrus Heights. Chief Boyd has been employed with the City of Citrus Heights since 2005, when he was hired as its first Chief of Police and tasked with creating the Citrus Heights Police Department. Printed on Recycled Paper Agenda Packet Page15

20 Subject: Resolution to Appoint Christopher W. Boyd as City Manager, Effective October 1, 2016, and to Approve a City Manager Employment Agreement with Christopher W. Boyd Setting the Terms and Conditions of Employment, Including Salary and Benefits Date: July 28, 2016 Page 2 of 2 Representatives of the City Council and Chief Boyd have cooperatively engaged in negotiations regarding the terms and conditions of his employment as City Manager. The Resolution before the City Council formalizes his appointment and approves the attached Employment Agreement, which establishes the terms and conditions of employment agreed upon by representatives of the City Council and Chief Boyd. Under the attached Employment Agreement, Chief Boyd will begin his duties as City Manager as of October 1, Conclusion Adopt Resolution No 2016-, appointing Christopher W. Boyd as City Manager, effective October 1, 2016, and approving an Employment Agreement with Christopher W. Boyd for service as City Manager, and setting the terms and conditions of employment. Attachments: (1) Resolution (2) Employment Agreement with Christopher W. Boyd Printed on Recycled Paper Agenda Packet Page16

21 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, APPROVING THE APPOINTMENT OF CHRISTOPHER W. BOYD AS CITY MANAGER AND APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF CITRUS HEIGHTS AND CHRISTOPHER W. BOYD FOR SERVICE AS CITY MANAGER WHEREAS, City Manager Henry Tingle will retire on September 30, 2016, after 18 years of unparalleled distinguished service and leadership to the City; and WHEREAS, Christopher W. Boyd has served with distinction as Chief of Police of the Citrus Heights Police Department since 2005; and WHEREAS, Christopher W. Boyd possesses the necessary experience, qualifications, skills, and characteristics to serve in the capacity of City Manager of the City of Citrus Heights; and WHEREAS, the City Council desires to appoint Christopher W. Boyd to the position of City Manager, effective October 1, 2016, and to approve the terms and conditions of his employment. NOW THEREFORE BE IT RESOLVED AND ORDERED that the City of Citrus Heights does hereby: 1. Appoint Christopher W. Boyd to the position of City Manager, effective October 1, 2016, pursuant to the terms of an Employment Agreement between the City of Citrus Heights and Christopher W. Boyd. 2. Approve, and authorize the Mayor to execute, an Employment Agreement between the City of Citrus Heights and Christopher W. Boyd in a form approved by the City Attorney. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. Printed on Recycled Paper Agenda Packet Page17

22 PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 28th day of July, 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 Page18

23 EMPLOYMENT AGREEMENT CITY OF CITRUS HEIGHTS This Agreement is entered into by and between the City of Citrus Heights, California, a municipal corporation ( City ) and Christopher W. Boyd ( Employee ), as of, SECTION 1. EMPLOYMENT City hereby employs Employee as City Manager on the terms and conditions set forth herein. SECTION 2. DUTIES Employee shall perform the functions and duties specified in the laws of the State of California and by City ordinance, resolution, and official action. Employee shall also perform such other duties and functions as the City, acting through the City Council, shall direct from time to time. SECTION 3. TERM OF AGREEMENT Employee shall begin his duties as City Manager, as of October 1, 2016, and shall continue with such duties until terminated as set forth herein. SECTION 4. TERMINATION OF AGREEMENT A. This Agreement may be terminated by Employee or City on any of the conditions set forth below: 1. By Employee, upon ninety (90) days prior written notice to the Mayor. 2. By City, without cause, upon City s payment to Employee of an amount equal to twelve (12) months of salary, plus any accrued and unpaid leaves available for cashing out consistent with the City s policy. 3. By City, without payment of any unearned or additional salary past the termination date, for any of the following: a. Repeated acts of immoral or unprofessional conduct. b. Dishonesty. c. Repeated violations of or refusal to obey the state or municipal laws and regulations or the direction of the City Council. d. Conviction of a felony or any crime involving moral turpitude. e. Breach of this Agreement. 4. Notwithstanding the above, City shall not terminate Employee s employment within 120 days immediately following a general municipal election or Agenda Packet Page19

24 appointment at which a new, not currently serving, member of the Council is sworn into office. B. Employee shall remain in the exclusive employ of City, except that City acknowledges that Employee may engage in other professional activities (including teaching, writing, consulting, and the like) as long as these activities do not interfere or conflict with Employee s duties as City Manager and are otherwise consistent with any limitations set forth in the Fair Political Practices Act and related regulations. SECTION 5. SALARY City agrees to pay Employee for services rendered an annual salary of two hundred fifty five thousand dollars ($255,000), payable in installments at the same time as other City employees are paid. The City Council, at its sole discretion, may grant merit increases to Employee. The parties recognize that there is a significant difference in retirement benefits between Employee s former position and the position of City Manager. The salary reflects City s position that Employee should not have decreased retirement benefits by virtue of accepting the position of City Manager. Furthermore, City believes that a slight increase in overall compensation is appropriate as Employee assumes the greater responsibility of City Manager. SECTION 6. BENEFITS A. City shall pay for health, dental, and vision insurance for Employee and for Employee s dependents in the same manner as City pays for such benefits for other senior management employees. City may pay for such insurance if required to do so by the City s health insurance plan. B. City shall pay for life and disability insurance for Employee in the same manner as City pays for such benefits of other senior management employees. C. City shall pay its share of PERS contributions. D. Employee shall be entitled to a car allowance of five hundred dollars ($500) per month. E. City shall pay annually deferred compensation for Employee of the maximum amount allowed by the Internal Revenue Service, to an ICMA 457 plan or such other plan as designated by Employee. SECTION 7. LEAVE Effective October , Employee shall accrue leave at the rate of 280 hours per year (i.e hours per pay period), with a maximum accrual of 560 hours. Annual leave may be cashed out of up to 80 hours per year Agenda Packet Page20

25 SECTION 8. PERFORMANCE EVALUATION The City Council shall endeavor to review and evaluate Employee s performance annually. Nothing in this provision shall be construed to require City to grant Employee merit increases based on the performance evaluation nor to limit the discretion of City to grant merit increases. SECTION 9. PROFESSIONAL DEVELOPMENT City shall budget and pay for the professional dues, subscriptions and membership of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement and for the good of the City. Employee shall keep the Council reasonably informed of such activities in a manner mutually agreeable to Employee and Council. SECTION 10. REIMBURSEMENT FOR EXPENSES Employee shall be entitled to reimbursement of reasonable business-related expenses. SECTION 11. BONDING City shall bear the cost of any fidelity or other bond required of Employee under any applicable law or ordinance. SECTION 12. MISCELLANEOUS A. City, in consultation with Employee, shall set any other terms and conditions of employment as City may determine from time to time, relating to Employee s performance, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the Municipal Code, or any other law. B. Unless otherwise specifically provided herein, all provisions of the Municipal Code and regulations and rules of City relating to annual leave, long term medical and executive management leave, retirement system contributions, holidays and other fringe benefits and working conditions as they now exist or hereafter may be amended shall also apply to Employee as they would to any other senior management employee of City. Agenda Packet Page21

26 SECTION 13. NOTICES Notices pursuant to this Agreement shall be in writing, given by depositing in the U.S. Mail, postage prepaid, addressed as follows: CITY City of Citrus Heights 6360 Fountain Square Drive Citrus Heights, CA Attention: Mayor EMPLOYEE Christopher W. Boyd 6360 Fountain Square Drive Citrus Heights, CA Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to the civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the U.S. mail. SECTION 14. GENERAL PROVISIONS A. This Agreement shall constitute the entire agreement between the parties hereto, and expressly supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of Employee by City. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding on either party hereto. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee. C. If any provision or any portion hereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof shall be deemed severable, shall not be affected thereby and shall remain in full force and effect. D. Any modification of this Agreement shall be effective only if in writing and signed by both Employee and City, as approved by the City Council. Agenda Packet Page22

27 E. This Agreement shall be governed by the laws of the State of California. The venue for any and all litigation arising from this Agreement shall be in the superior court located in Sacramento County, California. EMPLOYEE Dated: Christopher W. Boyd CITY Dated: Approved as to form Jeannie Bruins, Mayor City of Citrus Heights Attest: Ruthann G. Ziegler City Attorney Amy Van City Clerk Agenda Packet Page23

28 Item 7 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council July 28, 2016 TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Stefani Daniell, Finance Director Quarterly Treasurer s Report Fin. Atty. HenryTingle, City Manager Summary and Recommendation Staff recommends that the Council receive and file the Quarterly Treasurer s Report for the quarter ending June 30, Fiscal Impact No fiscal impact. Background and Analysis California Government Code Section 53646(b) states that the treasurer or chief fiscal officer may render a quarterly report to the chief executive officer, internal auditor, and the legislative body within 30 days of the quarter s end. On June 30, 2016, the market value of the City s cash and investments was $22,633,944. Conclusion This report satisfies California Government Code Section 53646(b). Attachment: (A) Treasurer s Report as of June 30, 2016 Agenda Packet Page24

29 CITY OF CITRUS HEIGHTS TREASURER'S REPORT AS OF JUNE 30, 2016 Description of Security Rate/Yield Maturity Cash Par % of Total Premium Purchased Original Market Financial Institution to Maturity Date Value Value Pool (Discount) Interest* Cost Value LOCAL AGENCY INVESTMENT FUND State of California 0.58% Immediate 13,413, ,413, % ,413,522 13,413,522 FEDERAL GOVERNMENT AGENCIES Federal Home Loan Bank Corp 1.03% 01/30/18 1,195,620 1,200,000 (4,380) 348 1,195,968 1,200,077 Federal Home Loan Mortgage 1.09% 03/12/18 1,994,600 2,000,000 (5,400) 114 1,994,714 2,000,144 Federal Home Loan Mortgage 1.21% 05/07/18 1,989,050 2,000,000 (10,950) 1,467 1,990,517 2,000,900 Federal National Mortgage 1.06% 05/21/18 1,994,550 2,000,000 (5,450) 1,994,550 2,000,950 US Treasury Note 1.22% 05/31/19 996,328 1,000,000 (3,672) 4,636 1,000,964 1,012,344 Subtotal 1.12% 8,170,148 8,200, % (29,852) 6,565 8,176,714 8,214,415 MONEY MARKET Schwab Cash Reserve 0.01% Immediate % MEDIUM-TERM CORPORATE NOTE John Deere Capital 1.61% 03/12/18 985,750 1,000,000 (14,250) 3, ,217 1,006, % 985,750 1,000, % (14,250) 3, ,217 1,006,008 Grand Total as of June 30, % 22,569,420 22,613, % (44,102) 10,032 22,579,452 22,633,944 * Purchased interest is returned to the City with the first interest payment Unrealized Gains/(Losses) 54,493 In compliance with the California Government Code Section 53646; the Treasurer of the City of Citrus Heights hereby certifies that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditure requirements for the next six months. Investments in the report meet the requirements for the City of Citrus Heights' adopted investment policy. Market prices used in calculating market value were obtained from Charles Schwab. Respectfully Submitted, STEFANI DANIELL FINANCE DIRECTOR/TREASURER Agenda Packet Page25

30 Item 8 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council Fin. July 28, 2016 TO: Henry Tingle, City Manager Atty. Henry Tingle, City Manager FROM: SUBJECT: Ronda Rivera, Human Resources/City Information Director Sharon Neilson, Senior Management Analyst Resolution Adopting the Amended Payrate Schedule for the City of Citrus Heights Summary and Recommendation Staff recommends Council approve the attached Resolution adopting the amended Payrate Schedule for the City of Citrus Heights, including represented employees, effective starting June 26, Fiscal Impact No fiscal impact. Background & Analysis California Code of Regulations, Title 2, Section and requirements of the California Public Employees Retirement System (CalPERS) requires that the payrate shall be listed on a schedule which (1) Has been duly approved and adopted by the employer s governing body in accordance with requirements of applicable public meeting laws; (2) Identifies the position title for every employee position; (3) Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range; (4) Indicates the time base, including but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; (5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer s internet website; (6) Indicates an effective date and date of any revisions; (7) Is retained by the employer and available for public inspection for not less than five years; and (8) Does not reference another document in lieu of disclosing the payrate. The amended Payrate Schedule (Exhibit A) includes a 3% increase to the high and low of salary ranges for a. Police Officer (represented) and, b. Police Officer Reserve Level 1 (unrepresented). Agenda Packet Page26

31 Subject: Resolution Adopting the Amended Payrate Schedule for the City of Citrus Heights July 28, 2016 Page 2 Conclusion Staff recommends that the City Council approve the attached Resolution adopting the amended Payrate Schedule for the City of Citrus Heights, effective June 26, Attachments: (1.) Resolution Adopting the Amended Payrate Schedule for the City of Citrus Heights (2.) Exhibit A: Amended Payrate Schedule for the City of Citrus Heights Agenda Packet Page27

32 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS ADOPTING THE AMENDED PAYRATE SCHEDULE WHEREAS, the City of Citrus Heights engages in sound economic planning practices; and WHEREAS, California Code of Regulations, Title 2, Section requires governing bodies of local agencies contracting with the California Public Employees Retirement System to approve and adopt a payrate schedule in accordance with public meeting laws; and WHEREAS the City of Citrus Heights is amending Article II of Chapter 50 of the City of Citrus Heights Municipal Code in regards to Code Enforcement; and WHEREAS the City of Citrus Heights desires that classification titles used in the City s payrate schedule be consistent with Article II of Chapter 50 of the City of Citrus Heights Municipal Code in regards to Code Enforcement; WHEREAS, the payrate schedule must identify each position by title, the individual payrate amount or ranges for that position, the time base upon which the amounts are based, and track all revisions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Citrus Heights: Section 1. Findings 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. Section 2. The City Council hereby adopts the amended Payrate Schedule attached as Exhibit A to this Resolution. Section 3. This Resolution shall take effect immediately, and the Payrate Schedule attached as Exhibit A shall be retroactive to the date set forth therein. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. Agenda Packet Page28

33 PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 28th day of July, 2016 by the following vote, to wit: ATTEST: AYES: NOES: ABSTAIN: ABSENT: Amy Van, City Clerk Jeannie Bruins, Mayor Agenda Packet Page29

34 CITY OF CITRUS HEIGHTS SALARY TABLE Effective June 26, 2016 POSITION TITLES ACCOUNTANT ADMINISTRATIVE ASSISTANT ADMINISTRATIVE TECHNICIAN ANIMAL SERVICES OFFICER I ANIMAL SERVICES OFFICER II ASSISTANT CITY CLERK ASSISTANT ENGINEER ASSISTANT PLANNER ASSISTANT TO THE CITY MANAGER ASSOCIATE CIVIL ENGINEER ASSOCIATE ENGINEER ASSOCIATE ENGINEER - XTRA HELP ASSOCIATE PLANNER BUILDING INSPECTOR I BUILDING INSPECTOR II CHIEF BUILDING OFFICIAL CHIEF OF POLICE CITY CLERK CITY ENGINEER CITY ENGINEER - XTRA CITY MANAGER CODE ENFORCEMENT OFFICER I CODE ENFORCEMENT OFFICER II CODE ENFORCEMENT TECH COMMUNITY & ECON DEV DIRECTOR COMMUNITY ENHANCEMENT MANAGER COMMUNITY SERVICES OFFICER I COMMUNITY SERVICES OFFICER II COMMUNITY SVCS OFFICER - XTRA CONSTRUCTION / MAINT INSP I CONSTRUCTION / MAINT INSP II CRIME SCENE / PROP EVD SPEC I CRIME SCENE / PROP EVD SPEC II DATA ENTRY ASST - XTRA HELP DATABASE & APPLICATION ANALYST DEVELOPMENT SERVICES TECH I DEVELOPMENT SERVICES TECH II DEVELOPMENT SPECIALIST I MINIMUM ANNUAL MAXIMUM ANNUAL 73, , , , MINIMUM HOURLY MAXIMUM HOURLY , , , , , , , , , , , , , , , , , , , City of Citrus Heights Amended by Resolution 6/23/2016 Page 1 of 4 Agenda Packet Page30

35 POSITION TITLES DEVELOPMENT SPECIALIST II ENGINEERING AIDE ENGINEERING TECHNICIAN I ENGINEERING TECHNICIAN II EVENT & COMMUNITY CTR TECH EVENT AND COMM OUTREACH COORD EXECUTIVE ASSISTANT EXECUTIVE SUPPORT SUPERVISOR FACILITY AIDE FACILITY AND GRNDS MANAGER FACILITY AND GRNDS SUPERVISOR FACILITY ATTENDANT FINANCE DIRECTOR FINANCE MANAGER FINANCIAL ASSISTANT II FINANCIAL ASSOCIATE GENERAL SERVICES DIRECTOR GRANTS & HOUSING PROG TECH I GRANTS & HOUSING PROG TECH II HOUSING PLANNER HR & CITY INFO TECHNICIAN HUMAN RESOURCES & CTY INFO DIR HUMAN RESOURCES ANALYST I HUMAN RESOURCES ANALYST II HUMAN RESOURCES ASSOCIATE HUMAN RESOURCES MANAGER INFORMATION TECH ANALYST I INFORMATION TECH ANALYST II INFORMATION TECH MANAGER INFORMATION TECH TECHNICIAN INTERN - EXTRA HELP JUNIOR ENGINEERING AIDE JUNIOR PLANNER MAINTENANCE WORKER I MAINTENANCE WORKER II MANAGEMENT AIDE MANAGEMENT ANALYST I MANAGEMENT ANALYST II MANAGEMENT INTERN - EXTRA HELP OFFICE ASSISTANT OFFICE ASSISTANT - XTRA OPERATIONS & MAINT MANAGER OPERATIONS MANAGER PAYROLL TECHNICIAN MINIMUM ANNUAL MAXIMUM ANNUAL 75, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , MINIMUM HOURLY MAXIMUM HOURLY City of Citrus Heights Amended by Resolution 07/28/2016 Page 2 of 4 Agenda Packet Page31

36 POSITION TITLES PLANNING MANAGER PLANNING TECHNICIAN POLICE COMMANDER POLICE COMMUNICATNS SUPERVISOR POLICE CRIME ANALYST POLICE DISPATCH ASSISTANT POLICE DISPATCHER I* POLICE DISPATCHER II* POLICE DISPATCHER- PER DIEM A POLICE DISPATCHER- PER DIEM B POLICE DISPATCHER- PER DIEM C POLICE FLEET MANAGER-XTRA POLICE LIEUTENANT POLICE OFFICER POLICE OFFICER - R1 TRAINEE-XTRA POLICE OFFICER - RESERVE II-XTRA POLICE OFFICER - RESERVE I-XTRA POLICE OFFICER - TRAINEE POLICE RECORDS ASSISTANT I* POLICE RECORDS ASSISTANT II* POLICE RECORDS ASSISTANT II-XTRA POLICE RECORDS SUPERVISOR POLICE SERGEANT POLICE VOLUNTEER COORDINATOR-XTRA PRINCIPAL ACCOUNTANT - AUDITOR PRINCIPAL CIVIL ENGINEER PRINCIPAL IT ANALYST PROGRAM ANALYST-XTRA PROGRAM ASSISTANT PROPERTY CLERK-XTRA PUBLIC INFORMATION OFFICER RECEPTIONIST SENIOR ACCOUNTANT-AUDITOR SENIOR BUILDING INSPECTOR SENIOR CIVIL ENGINEER SENIOR COMMUNITY SERVICES OFCR SENIOR IT TECHNICIAN SENIOR MAINTENANCE WORKER SENIOR MANAGEMENT ANALYST SENIOR OFFICE ASSISTANT SENIOR PLANNER SENIOR PLANNING TECHNICIAN SENIOR POLICE DISPATCHER* SENIOR TRAFFIC TECHNICIAN MINIMUM ANNUAL MAXIMUM ANNUAL 103, , , , , , , , , , , , , , , , , , , , , , , , , , MINIMUM HOURLY MAXIMUM HOURLY City of Citrus Heights Amended by Resolution 07/28/2016 Page 3 of 4 Agenda Packet Page32

37 POSITION TITLES SR ANIMAL SERVICES OFFICER SR CRIME SCENE / PROP EVID SPC SR POLICE RECORDS ASSISTANT* SR POLICE RECORDS ASSISTANT-XTRA STREETS & UTILITIES MAINT SUP SUPPORT SERVICES MANAGER TRAFFIC & SIGNAL OPERATION SUP *Hourly rate based on 1872 annual hours MINIMUM ANNUAL MAXIMUM ANNUAL 86, , , , , , MINIMUM HOURLY MAXIMUM HOURLY CITY COUNCIL $600 Per month (as outlined in Government Code 36516) Revision Summary Resolution passed ; eff Resolution passed ; eff. pay date of Resolution passed ; eff Resolution passed ; eff Resolution passed Retroactive Schedule for FY Resolution passed eff Resolution passed eff Resolution passed eff. pay date of Resolution passed eff Resolution passed eff. pay date of Resolution passed eff (incl. represented) City of Citrus Heights Amended by Resolution 6/23/2016 Page 4 of 4 Agenda Packet Page33

38 Item 9 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. July 28, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Monica Alejandrez, Assistant to the City Manager Ronda Rivera, Human Resources / City Information Director Alex Turcotte, Lieutenant Approval of a Side Letter Agreement with the Citrus Heights Police Officers Association (CHPOA) to the Memorandum of Understanding Covering the Period of October 1, 2009 through September 30, 2012 Mutually Extended to September 30, 2016 Summary and Recommendation Pursuant to the City Council s direction, the City s labor negotiations representatives met and conferred with the representatives of the Citrus Heights Police Officers Association (CHPOA) regarding proposed amendments to the CHPOA s Memorandum of Understanding (MOU) expiring September 30, The parties discussed changes to the expiration date of the current MOU and CHPOA members salary range and salary placement for Fiscal Year The City and CHPOA have reached agreement as reflected in the Side Letter Agreement attached as Exhibit A to Resolution No Staff recommends Council approve the attached Resolution approving the Side Letter Agreement with the Citrus Heights Police Officers Association. Fiscal Impact For Fiscal Year , the estimated total cost for all funds for the above recommendation is approximately $268,800. There is no impact to the Council approved Fiscal Year Budget. Background and Analysis The CHPOA is the exclusive collective bargaining representative for the Sworn Officers Unit as defined by the City s Employer/Employee Relations Policy. City representatives and CHPOA representatives began the meet and confer process in May 2016 regarding amendments to the current MOU. Pursuant to direction and authority provided by the City Council, the City s labor negotiations representatives conferred with the Association s representatives. On June 14, 2016, the City Manager proposed a Fiscal Year compensation and benefits plan for Fiscal Printed on Recycled Paper Agenda Packet Page34

39 Subject: Approval of Side Letter Agreement with CHPOA Date: July 28, 2016 Page 2 of 2 Year The same proposal was discussed with the CHPOA President by the City s Lead Negotiator on the same date. The City and Association subsequently completed the meet and confer process and the Association unanimously ratified the MOU amendments described below and contained in the attached Side Letter. The specifics of the parties agreement to modify the current MOU are set forth in the Side Letter Agreement attached to Resolution No as Exhibit A. They include the following: 1. Term Modify the expiration date of the Memorandum of Understanding to September 30, Compensation Effective with the pay date including July 1, 2016, adjust base salaries as follows: a. Salary range for the classification of Police Office will increase by 3%. b. All members will receive a 3% base salary increase. c. Members will receive a salary range placement adjustment based on appointment date in the current classification, calculated as follows: Appointment Date Years in Position Range Placement 06/30/07 or earlier 10 plus Top of the range 07/01/07-12/31/ to less than 10 6% from the top 01/01/10-06/30/ to less than % from the top 07/01/12-12/31/ to less than % from the top 01/01/15-06/30/ to less than % from the top Hired after 6/30/16 no range placement adjustment Conclusion Staff recommends City Council adopt the proposed Resolution approving the Side Letter Agreement between the City and the CHPOA. Attachment: 1. Resolution Adoption of Side Letter Agreement with the Citrus Heights Police Officers Association a. Exhibit A: Side Letter Agreement between the City of Citrus Heights and the Citrus Heights Police Officers Association Printed on Recycled Paper Agenda Packet Page35

40 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, ADOPTING A SIDE LETTER AGREEMENT WITH THE CITRUS HEIGHTS POLICE OFFICERS ASSOCIATION WHEREAS, the City of Citrus Heights (City) and Citrus Heights Police Officers Association (CHPOA) entered into a Memorandum of Understanding with the term of October 1, 2009 through September 30, 2012 that by mutual agreement was extended by side letter agreement and is effective through September 30, 2016; and WHEREAS, representatives of the City and CHPOA have met and conferred in good faith regarding proposed amendments to the MOU and reached a tentative agreement that has been ratified by the membership of the CHPOA; and WHEREAS, this Agreement would provide for the following changes: 1. Term Modify the expiration date of the Memorandum of Understanding to September 30, Compensation Effective with the pay date including July 1, 2016, adjust base salaries as follows: a. Salary range for the classification of Police Office will increase by 3%. b. All members will receive a 3% base salary increase. c. Members will receive a salary range placement adjustment based on appointment date in the current classification, calculated as follows: Appointment Date Years in Position Range Placement 06/30/07 or earlier 10 plus Top of the range 07/01/07-12/31/ to less than 10 6% from the top 01/01/10-06/30/ to less than % from the top 07/01/12-12/31/ to less than % from the top 01/01/15-06/30/ to less than % from the top Hired after 6/30/16 no range placement adjustment WHEREAS, this Council finds that the provisions and agreements contained in said Agreement are fair and proper and in the best interest of the City; and WHEREAS, the Association has previously ratified the terms and conditions of the Side Letter Agreement attached as Exhibit A to this Resolution. NOW THEREFORE BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights that the terms and conditions contained in the Side Letter Agreement attached as Exhibit A to this Resolution are hereby adopted and the City Manager is authorized to execute the Side Letter Agreement. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original resolutions. Printed on Recycled Paper Agenda Packet Page36

41 Resolution Adopting a Side Letter between the CHPOA and the City of Citrus Heights PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 28th day of July 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 Agenda Packet Page37

42 SIDE LETTER AGREEMENT BETWEEN THE CITY OF CITRUS HEIGHTS AND THE CITRUS HEIGHTS POLICE OFFICERS ASSOCIATION (CHPOA) This Side Letter Agreement amends the Memorandum of Understanding ( MOU ) currently in effect between the City of Citrus Heights ( CITY ) and the Citrus Heights Police Officers Association ( CHPOA ), with the term of October 1, 2009 through September 30, 2012 that by mutual agreement was extended by Side Letter through September 30, 2016, as follows: 1. Term Modify the expiration date of the Memorandum of Understanding to September 30, Compensation Effective with the pay date including July 1, 2016, adjust base salaries as follows: a. Salary range for the classification of Police Office will move by 3%. b. All members will receive a 3% base salary increase. c. Members will receive a salary range placement adjustment based on appointment date in the current classification, calculated as follows: Appointment Date Years of Service in Classification (as of June 30, 2017) Range Placement June 30, 2007 or earlier 10 plus Top Between 7/1/ /31/ to less than 10 No more than 6% from the top Between 1/01/2010 6/30/ to less than 7.5 No more than 12% from the top Between 7/1/ /31/ to less than 5 No more than 18% from the top Between 1/1/2015 6/30/ to less 2.5 No more than 24% from the top Hired after 6/30/16 No Range Placement Adjustment CITY OF CITRUS HEIGHTS CITRUS HEIGHTS POLICE OFFICERS ASSOCIATION (CHPOA) Henry Tingle, City Manager Dated: Anthony Boehle, CHPOA President Dated: Ronda Rivera, Lead Negotiator Dated: Larry Menth, CHPOA Representative Dated: Agenda Packet Page38

43 Item 10 CITY OF CITRUS HEIGHTS Approved and Forwarded to City Council Fin. Memorandum Atty. Henry Tingle, City Manager July 28, 2016 TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Alison Bermudez, Associate Planner Colleen McDuffee, Planning Manager Amendments to the Zoning Code in Regards to Temporary Uses OTA Summary and Recommendation On May 25, 2016, the Planning Commission recommended that the City Council approve various proposed amendments to the Zoning Code in regards to the regulations of temporary uses. Since the time of the Planning Commission s recommendation, a few minor changes have been made to the proposed ordinance amendments based upon feedback received from the business community at the City Council hearing of June 23, The changes do not significantly change the proposal presented to the Planning Commission therefore the following motions are recommended: Motion 1: Motion 2: Determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and Introduce for first reading, read by title only and waive the first full reading, of Ordinance No approving the Amendments as shown in Exhibit A modifying various sections of the Zoning Code in regards to the regulation of temporary uses based on the findings contained in Exhibit A. Fiscal Impact The approval of the proposed Ordinance revisions will provide a minimal amount of direct sales tax revenue. The City will receive sales tax revenue for the sale of goods that occur within City limits, even if the sale is from a mobile vendor. Mobile food vendors are subject to similar tax reporting requirements as brick-and-mortar restaurants; they pay sales and use taxes at the rate in effect based upon the location of where the sale is made. Hot prepared food served to customers Agenda Packet Page39

44 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 2 of 10 is taxable. The proposal also includes allowing periodic temporary auto sales events and according to the Board of Equalization, sales tax from vehicle sales would be directed to the jurisdiction of the registered buyer. Fiscal impacts from the proposed changes are likely to come in a more indirect manner by attracting new community orientated events that would bring activity and a customer base to the City. Background Temporary uses are activities such as farmer s markets, food trucks/mobile food vending, produce stands, special events (Spooktacular, Safety Fair, Car Shows, etc.), and other similar activities. These uses are currently regulated through various sections of the Zoning Code including the Itinerant Vending Section (for uses that sell goods) and the Temporary Use Section for other short-term activities. Over the past year, the number of inquiries regarding temporary uses has increased. One request in particular has been in regards to mobile food vendors and food truck round-ups. Mobile food vending, also referred to as food trucks, was ranked by Forbes Magazine as the number one small business in With the increase in popularity, operators are always interested in new locations to park a food truck. Areas lacking in restaurants and seeking to create synergy are prime areas for this type of user. Unfortunately, the City s current regulations including the restrictions on vending time limits have not supported the growth in this industry. Therefore, in September 2015, staff held a study session with the City Council to seek direction to update the City s zoning regulations to be more in-line with today s trends not only on food trucks but other short-term activities including special events, reoccurring community events, and construction staging areas. City Council Meeting June 23, 2016 Staff presented the proposed changes to the City Council on June 23, At this meeting a representative of Off the Grid, a provider of mobile food market infrastructure and marketing, spoke in favor of the proposed amendments and discussed their successes on hosting mobile food activities in many cities and towns in Northern California. A representative of Sunrise MarketPlace (SMP) also addressed the Council with concerns on the proposed amendments, specifically to the vending regulations on the sale of goods and food trucks. Due to these concerns, the Council did not take action on the proposal and requested staff to do additional outreach to the business groups for feedback on the proposed changes. Outreach Over the past several months, information of the proposed amendments was provided to the neighborhood associations and the business groups. Information was shared through multiple s and website postings. In addition, notification was provided of the Planning Commission hearing. Feedback was not received from any group and no one spoke on the issue at the Planning Commission hearing. Agenda Packet Page40

45 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 3 of 10 As mentioned earlier, at the Council meeting on June 23 rd, SMP addressed the Council with concern over certain portions of the proposal, specifically in regards to the sale of goods and repetitive food truck events. Based upon the concerns expressed at this meeting, the Council did not take action on the item and directed staff to reach out one more time to the business community for input on the proposed regulations. On July 5 th, staff held an open house to discuss the proposed amendments and invited all business groups including Antelope Crossing, Auburn Boulevard Business Association, Sunrise MarketPlace, and the Chamber of Commerce (Attachment 1). The open house was also posted on the City s website calendar. Kathilynn Carpenter from SMP and Bianca Nickols, representing Off the Grid, attended the open house. Discussion regarding the length of time the proposal would allow a reoccurring community event (RCE), specifically food trucks, to operate was discussed and seemed to be the main concern. SMP stated that multiple food truck events occurring multiple times per week could be a detriment to the brick and mortar restaurants within the district. SMP felt that the ordinance did not provide staff the ability to deny a permit or limit the number of times the RCE could occur, again, specifically related to food trucks. Bianca Nickols provided information on the types of events that utilize mobile food markets i.e. special events where the food is a component to larger activity, single food provider events such as stopping for the lunch hour, and events of more than one truck that could occur on a regular schedule including food pods that can occur up to three times per week at the same location. Staff stated that the goal of these amendments, especially in regards to RCEs, is to allow flexible regulations for temporary activities that would attract new visitors and increase vibrancy not only in areas lacking activity but in all areas of the City, including the busiest areas. To support these goals yet protect the concerns expressed by the existing restaurants to the SMP, the proposal was slightly revised and now includes a two-tier system of approving permits for RCE s. A new category called Vendor Food Groups (VFG) was created and VFG s will follow a different approval path than other RCEs. This proposed revision was shared with attendees of the open house and as of the writing of this report, no comments have been received. The proposal is discussed below: Proposed Changes The proposal presented tonight includes the following suggested amendments that were developed through the additional conversations that occurred at the July 5 th open house. Staff is comfortable with these amendments and believes they provide flexibility to allow a variety of events yet provide the needed parameters to protect the existing business community. The key changes from the original proposal are listed below: 1. Food Vendor Group Sites: A new definition for a single site with the stationary operation of two or more mobile food vendors clustered together during a specified time and in accordance with an approved permit. 2. Reoccurring Community Events: The original proposal was to allow RCE s for up to one year. Concerns were expressed that a permit for one year to a food seller was too long. Therefore a new classification of vendor food groups that separated the permit Agenda Packet Page41

46 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 4 of 10 term from other RCE s such as the farmer s market. The proposed changes state that staff may approve an RCE s for up to one year but staff may only authorize a VFG for one time per week not to exceed 16 times within a 12-month period. If the VFG desires more frequency, the application must be approved by the Planning Commission (Temporary Use Permit fee is $150.00). 3. Findings for Approval of Temporary Use Permit: The findings were strengthened to make it clear that permit times limits can be imposed by the authority (staff or the Commission) based upon location of nearby businesses, traffic, and pedestrian safety. In addition to the changes discussed above, the project revises various sections of the Zoning Code to amend the standards for certain activities and expand the uses that are allowed through the Temporary Use Permit process. There are several sections of the Zoning Code that currently regulate these types of temporary uses including Section (Itinerant Vending) and the permitting processes regulated through two sections, and The proposal is to classify all short-term activities as a temporary use and eliminate the independent section for itinerant vendors. In addition, other related sections of the Zoning Code will be updated including the definitions and the land use table. Combining all temporary uses into one section and updating the definitions will provide a more user-friendly Zoning Code. Staff proposes a variety of changes in regards to the temporary use regulations. Attachment 2 is a complete list of the changes with the text shown in red underline indicating new regulations and text shown in purple underline indicating modified regulations. The table below provides a recap and discussion of the most notable changes. Topic Special Event/Sale (Exemptions) ( B.10) Current Regulations Currently certain types of special events are exempt from a Temporary Use Permit. The criterion for exemption includes events held indoors or will not occur after 9 pm and is not attended by more than 100 persons. Proposed Change Special events that are held within an enclosed building will remain exempt. The criterion that exempts events of less than 100 persons and not occurring after 9 pm has been removed. Discussion The proposal clarifies the language and continues to exempt special events or sales held indoors. The proposal does remove the exemptions in regards to attendance and time. These exemptions were rarely used and requiring a permit for each event allows staff the ability to review the proposed site plan and proposed activities based upon the individual event. Agenda Packet Page42

47 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 5 of 10 Topic Vending on Demand ( B.12) Auto Sales (Temporary Sale Events) C.1 Current Regulations Currently itinerant vendors require issuance of an Itinerant Vendor Permit including mobile food vendors that travel routes (ice cream trucks, etc.) New regulation Proposed Change Delete the code section that is specific to itinerant vendors and categorize under Temporary Uses. Create a new category Vending on Demand for vendors that only stop/park at the request of a customer and exempt these types of vendors from obtaining a Temporary Use Permit Discussion The current permitting process requires that sellers that travel routes and only stop at the request of a customer (i.e. ice cream trucks) obtain an Itinerant Vending Permit. This permit structure has been difficult to enforce due to the influx of vendors during peak times. Staff proposes to classify these types of vendors as Vending on Demand and exempt them from a Temporary Use Permit. Regulations that require business license, including background check of the vendor, will remain a requirement through the City s Business License process. Vendors that stop in a location and vend from a stationary spot would require a Temporary Use Permit. Over time staff has received phone calls from various auto dealers interested in hosting short-term auto sales events within the City s commercial shopping centers. Currently, the regulations prohibit this type of temporary use. The proposed update would allow auto sales (including RV s, trailers, and other similar vehicles) within certain commercial zones (GC and SC) for a period of up to three consecutive days every three months not to exceed 12 days per calendar year. The intent is that auto sales events could generate customer traffic without diminishing sales from competing businesses since the City has limited locations where autos are currently sold. It should be noted that this does not preclude other types of items being sold as part of a special event. This regulation is to specifically allow the temporary sales of autos within a zoning district that does not normally allow auto sales. Agenda Packet Page43

48 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 6 of 10 Topic Construction Staging Areas Off-Site C.2 Reoccurring Community Events C.9 Current Regulations New regulation New regulation Proposed Change Discussion Off-site construction staging areas are temporary yards used by contractors for the storage of goods and equipment for construction projects that are occurring at a location other than where the yard is located. The use of a storage area allows the contractor to store the goods in close proximity to the job site, preventing excessive trips to far away locations. This practice is most commonly used for utility work (water, sewer, etc) and road work. The Zoning Code currently has provisions for storage areas on-site but silent in the regulation for off-site yards. Therefore the project includes the addition of regulations for this use to the Temporary Uses section of the code. The regulations will require contractors proposing to use off-site properties for the storage of goods and equipment to obtain a Temporary Use Permit. The issuance of the permit will provide staff the opportunity to review the proposed location to ensure the activities at the site are compatible with the surroundings including operating hours, dust control, and noise. Additionally, the contractor will be required to notify surrounding properties within 500 feet of the site of the intended use. All contractors/agencies would be subject to obtaining the Temporary Use Permit (City, County, SMUD, PGE, Sewer, etc.). This new category would include events such as a farmer s market (currently one at Sunrise Mall), and possible future events such as a multiple food trucks at a site (now defined as Food Vendor Groups). These events are typically held on a regular basis and generally include multiple vendors operating/functioning as one event. Attachment 3 provides information on a recent proposal for a type of reoccurring community event. Permits may be issued for these events by staff for up to one year (same as current regulations) but FVG applications may only be approved by staff for events not exceeding one time per week and 16 times per 12-month period. Applications by FVG for a greater frequency will be forwarded to the Planning Commission. Agenda Packet Page44

49 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 7 of 10 Topic Special Events C.12 (Allowed Uses by Issuance of a Temporary Use Permit) Current Regulations Current regulations allow for a special event for no more than 10 days in a calendar year. Proposed Change Allow a special event (carnivals, safety fairs, etc.) to occur up to 10 consecutive days and remove the yearly limit. Discussion Special events bring activity to commercial areas and utilize outdoor space within the commercial centers (such as Sunrise Mall parking lot). These events rarely last more than a weekend but the code was unclear if the 10 day per year limit was per event or an allowance for all events. Staff proposal will clarify that a single event would be limited to no more than 10 consecutive days and would remove the yearly limit. Vending C.14 Currently classified as Itinerant Vending Rename and combine under the Temporary Uses Section Removing the Itinerant Vending and reclassify this as a Temporary Use will make the Zoning Code more user friendly by having the regulations all in one section. Daily Removal Currently the Zoning Code requires that all evidence of vending must be removed on a daily basis. Proposal to allow discretion that for the length of the permit, vending may remain in place without daily removal. The City has received interest from a vendor that would like to set-up seasonally (See Attachment 4) and the type of mobile unit does not allow its removal on daily basis. Staff has proposed language that would allow flexibility in the daily removal requirement. Vending within the Rights of Way Currently there is no vending allowed within the public rights of way Changed from prohibited to allowed with an encroachment permit issued by the City The intent is to not encourage vending in the rights-of-way but remove the prohibition and allow it through an encroachment permit in certain situations such as a parade. Agenda Packet Page45

50 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 8 of 10 Topic Signage Table/Chairs Toilet and Handwashing Daily Vending Time Limits Current Regulations Currently only one sign up to 10 sf is allowed. Not currently allowed unless in a plaza, park, or open space Currently restrooms must be available for use by the vendor when the vendor is stopped more than four hours in a single location Current regulations have a one hour time limit for food vendors and no time limit for vendors of other goods Proposed Change Remove the limit on the number and size of signs. Allow tables/chairs in areas that can demonstrate adequate space is available. If tables/chairs are provided, restrooms for customer use must also be provided. Vendors stopped for more than one hour in a single location must have access to a restroom. Vendors in one location for more than four hours will be required to provide restrooms for customer use. Remove the one hour time limit for food vendors and limit hours on all vendors on a case-by-case basis. Discussion The size limit of 10 sf was appropriate when regulating a single-vendor but with groups of vendors (food truck round-ups) additional signage may be needed. The proposal is to not limit the number of or the size of signage but all portable signs would have to be removed at the conclusion of each day. Tables/chairs would help contribute to the atmosphere for food truck round-ups or other community events. These types of events would be held in areas that could accommodate the placement of the furniture. For example, large parking lots such as Grand Oaks Shopping Center could accommodate the use of tables/chairs for a food truck round-up. Revised for consistency to CA Retail Codes that require mobile food vendors conducting business for more than one hour in a location provide employees restroom facilities within 200 feet (this will be required by both food and non-food vendors). In addition, any vendor utilizing tables/chairs or remaining stationary four hours or more, will be required to require restrooms for customer use. The time limit of one hour has proven to be restrictive and has not supported the growth of food trucks or other mobile food vendors. Staff is proposing to eliminate the time limit and address the selling hours on a case by case basis depending on the surrounding businesses, proposed activity, and location. Agenda Packet Page46

51 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 9 of 10 Topic Vending Limit Area Fundraisers nonprofit organization E Current Regulations Vending activity generally limited to 200 sq ft. Temporary fundraising sales by non-profit organizations are exempt from the Itinerant Vendors Permit. Proposed Change Remove the vending area size limit and review by site plan on a case-by-case basis. Reclassify fundraising events into one category Special Events and require a permit. Non-profit organizations would require a permit but no fee would be charged. Discussion The vending area limit of 200 sf was appropriate when regulating a single vendor but does not allow adequate space for community events where there may be multiple vendors in one location i.e. food truck round-ups. Currently, most outdoor fundraising activities obtain a permit even though they are not technically required. Typically the property owner of where the activity is proposed to take place prefers the group to obtain a permit. The City does not currently charge non-profits for this permit and the revised regulations would continue to exempt the group from the permit fee. In conjunction with the combining of the land use regulation of temporary uses and itinerant vending, Chapter (Permit Application Filing and Processing) requires updating to be consistent. It s important to note that this proposal does not change the existing permit procedures; the application review process, or change any of the existing permit fees associated with obtaining a Temporary Use Permit. Planning Commission Hearing The Planning Commission held a public hearing and considered the proposal at their meeting of May 25, After discussion of the project, the Planning Commission recommended approval of the proposed amendments. Environmental Determination This project is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). Conclusion On May 25, 2016, the Planning Commission held a public hearing on the proposed changes. At this hearing no comments from the public were received and the Planning Commission recommends the City Council approve the various proposed amendments to the Zoning Code in regards to the regulation of temporary uses. The Planning Commission recommends the following motions: Agenda Packet Page47

52 Subject: Zoning Code Update OTA Date: July 28, 2016 Page 10 of 10 Motion 1: Motion 2: Determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and Introduce for first reading, read by title only and waive the first full reading, of Ordinance No approving the Amendments as shown in Exhibit A modifying various sections of the Zoning Code in regards to the regulation of temporary uses based on the findings contained in Exhibit A. FINDINGS FOR APPROVAL The proposed amendments to update and add regulations for temporary uses including food trucks, mobile vending, and off-site construction staging areas are consistent with the General Plan in that allowing these temporary uses supports of Goal 18 of the General Plan by being responsive to the changing economic conditions; The proposed amendment to allow temporary uses is consistent with the General Plan including Policy 48.1 that promotes the expansion of events and venues such as farmer s markets, outdoor/street fairs, etc.; and The proposed amendments associated with temporary uses will not be detrimental to the public, interest, health, safety, convenience, or welfare of the City. Attachments: 1. Notification of July 5 th Open House 2. Sign-in sheet from the July 5 th Open House 3. Planning Commission staff report of May 25, 2016 w/o Attachments 4. Redline/Purple Text of all changes 5. Off the Grid Information 6. Hokulia Shaved Ice Information Exhibits: A. Ordinance amending various sections of the Zoning Code in regards to the regulation of temporary uses. Revisions Article 4 Revisions Article 6 Updated Table 2-5 Revisions to Article 8 Agenda Packet Page48

53 Exhibit A ORDINANCE AN ORDINANCE OF THE CITY OF CITRUS HEIGHTS TO AMEND CERTAIN SECTIONS OF THE ZONING CODE IN REGARDS TO TEMPORARY USES THE CITY OF CITRUS HEIGHTS DOES ORDAIN AS FOLLOWS: Section 1: Purpose and Authority The purpose of this Ordinance is to amend the Citrus Heights Zoning Code as shown in the attached Exhibits A-1 through A-4 that repeal in their entirety Sections and in regards to Itinerant Vending; add new Section in regards to temporary uses; repeal and replace in its entirety Section ; amend Table 2-5, located in Section ; and amend definitions in Section relating to vending. Section 2: Findings The proposed amendments to update and add regulations for temporary uses including food trucks, mobile vending, and off-site construction staging areas are consistent with the General Plan in that allowing these temporary uses supports of Goal 18 of the General Plan by being responsive to the changing economic conditions; The proposed amendment to allow temporary uses is consistent with the General Plan including Policy 48.1 that promotes the expansion of events and venues such as farmer s markets, outdoor/street fairs, etc.; and The proposed amendments associated with temporary uses will not be detrimental to the public, interest, health, safety, convenience, or welfare of the City. Section 3: Action The City Council hereby amends the Zoning Code of the City of Citrus Heights as described within Exhibits A-1 through A-4 herein, and as discussed within the Staff Report, which is incorporated by reference. Section 4: 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 5: 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. Agenda Packet Page49

54 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 CODIFY UNCODIFY Exhibit A-1 Amendments to Chapter Exhibit A-2 Amendments to Chapter Exhibit A-3 Amendments to Chapter Exhibit A-4 Amendments to Chapter Agenda Packet Page50

55 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE Exhibit A-1 Amendments to Zoning Code Chapter (Standards for Specific Land Uses). 1. Section (Itinerant Vending) is hereby repealed in its entirety. 2. Section (Temporary Uses) is hereby added to read as follows: TEMPORARY USES This section describes short-term activities that may not comply with normal development standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. A. Permit Requirement. Short-term activities as described below may be authorized through the issuance of a Temporary Use Permit. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter (Permit Application Filing and Processing). It is the responsibility of the applicant to produce evidence supporting the required findings. B. Exempt temporary activities. The following temporary activities are allowed without a Temporary Use Permit. Temporary activities that do not fall within the following categories shall comply with Subsection C below. 1. Agricultural products grown on-site. The sale of agricultural products on the site where product is grown. 2. City-sponsored events. Special events approved and sponsored by the City. 3. Construction Staging Areas - On-site. On-site contractors' staging areas, for an approved construction project. The construction area shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first. 4. Deliveries. Delivery activities of any establishment with a fixed place of business, which only delivers its products, services, or goods to a specified address in response to a customer request, order, or invoice previously placed through that fixed place of business. 5. Door-to-Door Solicitation. Door-to-door solicitation in a residential area (this provision does not grant permission to solicit where an individual homeowner has posted a notice of No Solicitation or similar wording). 6. Emergency facilities. Emergency public health and safety facilities and activities. 7. Garage sales. No parcel may have more than three sales per year, and no sale may exceed two consecutive days. 8. Public park events. Organizations selling goods or merchandise on park property with prior written authorization from the Sunrise Recreation and Park District. 9. Public property. Activities conducted on public property including parks, schools or property under control of the City. 10. Special Event or Sale. Special event or sale that is held within a completely enclosed building and would be permitted under the applicable land use table. 11. Temporary work trailers. A trailer or mobile home used as a construction office, or a temporary work site for employees of a business, provided that: a. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure; b. The use is appropriate because: (1) The trailer or mobile home will be in place during the construction of a subdivision, or the construction or remodeling of a permanent commercial or manufacturing structure for a Agenda Packet Page51

56 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or (2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and c. The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure. 12. Vending On Demand. Vendor shall maintain a valid City business licenses, County health permit, and comply at all times with all other applicable City and governmental requirements. C. Allowed temporary uses. A Temporary Use Permit may authorize the following temporary activities within the specified time limits. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property. 1. Auto and RV Sales. The temporary outdoor sales of autos, mobile homes, boats, and RV s may occur on any paved site within a GC, SC, AC, or commercial SPA zone for a period of three consecutive days every three months not to exceed 12 days in a calendar year. The temporary sale may be set up one day prior to the three-day sale and taken down one day following the sale. 2. Construction staging areas Off-site. Off-site contractors' staging areas, for an approved construction project subject to the following development standards: a. Appearance/Safety. The Contractor shall erect and maintain temporary fencing and/or screening as needed to keep the site safe. Perimeter fencing shall be setback a minimum of five feet from the curb/sidewalk or street in the case of no sidewalks, to allow passage by pedestrians. The City may require additional fencing and screening methods depending on location of the temporary construction staging area. b. Dust Control. The Contractor shall implement and maintain appropriate Best Management Practices at the site and along adjacent streets to minimize dust, erosion and sediment in accordance with State and local laws and to the satisfaction of the City. c. Noise. All activities shall comply with the City s Noise Ordinance. d. Notification. The contractor shall notify in writing all residents within 500 feet of the construction staging area of the activities that will be occurring at the site. The notice shall include a contact name and phone number of a person responsible for the management of the temporary construction staging area. e. Permit Time Limit. A Temporary Use Permit for an off-site construction yard may authorize the yard for up to one year. In the circumstance that a project extends beyond one year, the applicant shall file for a new Temporary Use Permit. f. Setbacks. Loose material (dirt, rock, sand, etc) shall not be stored within 20 feet of a residential building. g. Signage. The contractor shall erect and maintain a sign at the entrance to the temporary construction staging area indicating: Temporary Construction Staging Area, the name of the Contractor performing the work, and a 24 hour emergency phone number of a person responsible for the management of the temporary construction staging area. h. Vacation of area. Within 10 working days of substantial completion of the project, the Contractor shall remove all construction materials, equipment, and temporary fencing and apply appropriate permanent erosion control measures to the satisfaction of the City. 3. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed one year. Agenda Packet Page52

57 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE 4. Mobile home or travel trailer for night watchman. A mobile home or travel trailer at an existing business, as a temporary residence for a night watchman. 5. Model homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision. 6. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of one year. An extension may be granted by the Director. 7. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development project. An extension of one year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site. 8. Promotional sale associated with permanent on-site use. An outdoor promotional sale may be permitted for 30 days at a grand opening and for 10 days per year thereafter. The promotional sale shall be for the purpose of promoting a use regularly and lawfully in operation on the premise. 9. Reoccurring Community Events. Outdoor events similar to a farmer s market, street fair or similar activity that occurs on a regular schedule may be authorized for up to one year. Event coordinator shall file a new Temporary Use Permit annually. Food Vendor Group sites may be authorized up to one time per week not to exceed 16 times within a 12-month period unless a greater frequency is granted by the Planning Commission. 10. Seasonal sales. Seasonal sales (i.e., Christmas trees, and pumpkins) are permitted for up to 30 days. 11. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses. 12. Special events. A single special event held outdoors including carnivals, safety fairs, fundraisers, or other similar activity in any zone may be authorized for no more than 10 consecutive days. At the discretion of the Director, the applicant shall be responsible for notifying adjoining property owners of the event. 13. Storage Containers. Storage containers are allowed in commercial zones with the approval of a Temporary Use Permit subject to the following development standards: a. Number of Containers Allowed. One (1) container for the temporary storage of merchandise is allowed. One additional container may be allowed if the user s business exceeds 100,000 square feet of gross floor area. b. Multi-tenant sites. For sites with multiple tenants, the City may limit the number of containers within the center or within an area. c. Allowable Container Size. The container may not exceed 40 feet in length or 400 square feet per container. d. Permit Time Limit. No more than one Temporary Use Permit may be allowed per calendar year. At no time shall a container be kept on site for more than 90 consecutive days, except that containers allowed for construction activities may be permitted until such time the construction activities are completed. Temporary storage containers, except containers allowed as construction activities, not removed by the end of the 90 day period may be issued a fine for each day over the allowed 90 days that the container remains on the site, unless an extension is obtained from the Director. e. Allowable Location. The container shall be placed in the least conspicuous location available. The final location shall be determined by the Director. (1) The storage containers shall be placed on a level concrete or asphalt surface at all times. (2) Storage containers shall not be stacked on top of another container. Agenda Packet Page53

58 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE (3) To the maximum extent possible, the storage containers should not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where they are located. The containers may be required to be screened by use of temporary fencing or some other method if the containers are visible from public rights of way or residences, as determined by the Director. f. Other Development Standards. The storage containers shall be used as an accessory to a primary use, located in an enclosed adjoining building. (1) The containers must be maintained in good condition as they were originally approved so as not to become unsightly or a nuisance. (2) A storage container shall not remain on a site if the use it is appurtenant to is abandoned. (3) No signage whatsoever shall be allowed on containers. 14. Vending. Vending may be authorized in commercial zones with the approval of a Temporary Use Permit subject to the following standards: a. Appearance and storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. Unless authorized through the Temporary Use Permit, the vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day. b. Location on particular roadways. Vending may be restricted or prohibited along specific roadways, or portions thereof, which, as a result of limited parking, limited line-of-sight, traffic control impacts, high traffic flow, or other reasons specified, are determined to be unsafe for vending. This may include restrictions against operating during peak traffic hours, as determined by the City. c. Obstructions, hazards. No vendor shall obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards. No vending activity shall occur within the traffic safety visibility area described in Section E (Height Limit at Street Corners). d. Proximity to other items. No vending shall occur within 10 feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from other uses may be required, under the permit, in order to preserve line-of-sight, or for other safety reasons. The vending shall not damage landscaped areas. e. Residential zoning districts. With the exception of food products, vending shall not be permitted in a residential zone. f. Rights-of-way. Vending shall not be permitted in a roadway median or within any other public right-of-way unless authorized by the City. g. Permit display. Each vendor shall maintain a copy of the Temporary Use Permit and Business License at the location of vending. h. Signs. Portable signage shall be removed daily. At no time are signs allowed to be placed within the public right-of-way, on a sidewalk, or in a location that would impede vehicular or pedestrian traffic. i. Tables. Tables for use by customers are prohibited unless authorized through the Temporary Use Permit. The vendor must be able to demonstrate that areas proposed for the use of tables, i.e. a plaza, open space area, or similar area has adequate room to not interfere with on-site travel movements. Sites using tables must demonstrate that adequate restroom facilities are available for use by customers. Agenda Packet Page54

59 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE j. Time Limits. Stationary vending is intended to be a temporary activity and may not occur in a single location more than 180 days within a 12 twelve month period. k. Toilet and handwashing facilities. Vendors that remain in place more than one hour must be situated within two hundred feet travel distance of a legally approved and permitted toilet and handwashing facility for use by the vendor. Vendors that remain in place more than four hours must demonstrate that adequate restroom facilities are available for use by customers. l. Vending vehicles or devices. The width, length, and height of all vendor vehicles and devices shall be subject to review as a part of consideration of the Temporary Use Permit. The City s review shall include but not be limited to color, materials, and appearance of the vending vehicle or device; shade umbrellas; accessories (including ice chests and trash receptacles); and maneuvering necessary for set-up and takedown. All vehicles shall comply with the California Vehicle Code and California Health and Safety Code. m. Other applicable regulations. Each vendor shall comply at all times with all applicable City and other governmental requirements, including without limitation, health permit, the Americans with Disabilities Act, health and safety regulations, this Zoning Code. D. Development standards. The Director may establish the following standards based on the type of temporary use using the requirements of the applicable zoning district, and Articles 3 (Site Planning and Project Design Standards) and 4 (Standards for Specific Land Uses) for guidance: 1. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code; 2. Limitation on the duration of approved "temporary structures," so that they shall not become permanent or long-term structures; and 3. Other requirements as appropriate to minimize any adverse impacts of the use. Agenda Packet Page55

60 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE Exhibit A-2 Amendments to Zoning Code Chapter (Permit Review and Decisions). 1. Section (Itinerant Vendor Permits) is hereby repealed in its entirety. 2. Section (Temporary Use Permits) is hereby repealed and replaced to read as follows: TEMPORARY USE PERMIT A. Purpose. This Section establishes procedures for the granting of Temporary Use Permits for short-term activities. This use is a special privilege, not a matter of right; it is subject to a revocable permit in compliance with Section (Permit Revocation and Modification). B. Applicability. A Temporary Use Permit is required to authorize activities or events as described in Section C. Review Authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this section. D. Application filing and processing. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required. Only one Temporary Use Permit is required for special events; each individual participant is not required to obtain a Temporary Use Permit. All vendors participating in the event must obtain an individual City Business License. E. Fee Exemptions. A recognized 501(c)(3) organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one permit per year. F. Health Permit. The vending of food, produce, or other edible items requires a valid health or other permit issued by the appropriate agency. G. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Planning Commission in compliance with Chapter (Public Hearings). H. Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. In the authorizing of a permit, the approving authority may impose time limits based upon the consideration and the location of nearby businesses, other high traffic generators, or proximity to other vendors to prevent the proliferation of vendors in an area thus negatively impacting traffic and pedestrian safety. I. Post approval procedures. The procedures and requirements in Chapter (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on a Temporary Use Permit application. J. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished. K. Indemnification. As a condition of issuance, the applicant agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken in compliance with the Temporary Use Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the permit, or suspension or revocation of the permit, and no applicant shall Agenda Packet Page56

61 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation. L. Term of permit, renewal. Each permit shall be valid for the time specified in the permit up to a maximum of one year. The permit may be renewed subject to compliance with all terms and conditions of the permit, the standard established in the Section , and payment of applicable fees. M. Transferability. The permit is not transferable to any other entity or person and is valid only as to the original applicant. Agenda Packet Page57

62 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE Exhibit A-3 Amendments to Zoning Code Chapter (Commercial and Industrial Zoning Districts). Table 2-5, located in Section is amended to remove the line relating to Itinerant Vendor. Provisions concerning Retail Trade shall therefore read as shown below. 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 RESIDENTIAL USES 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 Emergency shelter S Home occupation P P P P Live/work unit MUP MUP UP UP Mixed use project residential component S S S S Multi-unit dwelling P P P Single room occupancy (SRO) facility UP Work/live unit UP UP UP RETAIL TRADE Accessory retail uses P P P P P P P Alcoholic beverage sales S S S S Bar UP UP UP UP Brew Pub/Tavern P P P Building/landscape materials sales P P Construction and heavy equipment sales and rental UP P P Convenience store S S S S S S Drive-through retail UP UP UP Fuel dealer (propane for home and farm use, etc.) P General retail P P P P Groceries, specialty foods P P P Mixed use project S S S S Night club UP UP Office-supporting retail S P P P S C Outdoor displays and sales P P P P Public auction, flea market UP Restaurant, café, coffee shop S P P P P MUP S C Smoking paraphernalia establishment S S S S S S S Wood yard (firewood sales) 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 Page58

63 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE Exhibit A-4 Amendments to Zoning Code Chapter (Glossary). Section (Definitions) is hereby amended to remove the definition of Itinerant Vending (including subsections 1-5 related thereto), and to add the definition of Vending, to read as follows: DEFINITIONS Definitions, "V." Vending. The following terms and phrases are defined for the purposes of Section ) (Temporary Uses). 1. Vending. Selling, offering for sale, or displaying or dispensing of any goods or merchandise for sale or purchase to the public from any carrying device, box, bag, stand, human-powered device (including but not limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container), portable stand, or any other device used for carrying goods or merchandise. This includes hawking, operating noise-making devices, and any other activity or signage to attract attention to the vendor or the goods or merchandise. Examples of vending activity include hot dog carts/vehicles, flower carts/stands/sales, ice cream carts/vehicles, roadside sales, stationary food carts/vehicles, and similar activities. The sale of agricultural products grown on-site is not considered vending. 2. Food Vendor Group Sites. A single site with the stationary operation of two or more mobile food vendors clustered together during a specified time and in accordance with an approved permit. 3. Stationary Vending. Vending from a single location for more than two consecutive hours is considered a day of stationary vending. For the purpose of this definition, a single location shall mean any location within a 1000 feet radius of the original location. 4. Temporary Vending. Stationary vending for a period not to exceed 180 days within a twelve month period shall be considered temporary. Stationary vending exceeding the 180 days shall be considered permanent and must comply with the applicable commercial development standards. 5. Vending on demand. Food vendors such as ice cream trucks or similar food vendors that stop or park only at the request of a bona fide purchaser for the purpose of making a sale and only so long as it take to make a sale. Agenda Packet Page59

64 Attachment 1 From: Bcc: Subject: Date: Bermudez, Alison kathilynn (sunrisemarketplace); "renee@chchamber.com"; "evan.jacobs@amwater.com"; "jdowns@republicservices.com"; "hale2@surewest.net"; "kimberly@citrusheightscarwash.com"; "dcovey@eldoradosavings.com"; Sherman, Rhonda; McDuffee, Colleen; Rodriguez, Devon; Bianca Nickols (bianca.nickols@offthegrid.com); Ben Himlan (ben@offthegridsf.com) Business Group Meeting re: Temp Uses (including food trucks) Wednesday, June 29, :00:32 AM Over the past several months, staff has been working on a variety of changes to the Zoning Code, including some updates to the regulations pertaining to temporary uses. Temporary uses are activities such as farmer s markets, food trucks/mobile food vending, produce stands, special events (Spooktacular, Safety Fair, Car Shows, etc.), and other similar activities. Over the past year, the number of inquiries regarding temporary uses has increased. One request in particular has been in regards to mobile food vendors and food truck round-ups. Mobile food vending, also referred to as food trucks, was ranked by Forbes Magazine as the number one small business in With the increase in popularity, operators are always interested in new locations to park a food truck. Areas lacking in restaurants and seeking to create synergy are prime areas for this type of user. Unfortunately, the City s current regulations including the restrictions on vending time limits have not supported the growth in this industry. Understanding the this type of activity can sometimes cause a concern from brick n mortar businesses, the City Council asked staff to do some extended outreach to your business groups on this topic. Therefore I am inviting you to an open house session to learn more about the proposed changes. Please feel free to share this invite to your respective groups or anyone else that may be interested. Temporary Uses Regulation Open Invite to Learn More Tuesday July 5 th 4:00 5:00 PM Citrus Heights City Hall 7927 Auburn Blvd Can t attend? Information on the proposal can be found on the City s website. Alison Bermudez Associate Planner City of Citrus Heights 7927 Auburn Boulevard Citrus Heights, CA (voice) (fax) abermudez@citrusheights.net Follow us on Agenda Packet Page60

65 Please note: Effective July 13, 2015, Citrus Heights City Hall moved to 7927 Auburn Boulevard in the Grand Oaks Shopping Center Agenda Packet Page61

66 Attachment 2 Agenda Packet Page62

67 Prepared by: Alison Bermudez, Associate Planner Attachment 3 CITY OF CITRUS HEIGHTS PLANNING DIVISION STAFF REPORT PLANNING COMMISSION MEETING May 25, 2016 REQUEST The Planning Division requests the Planning Commission review the attached Ordinance Text Amendments in regards to the regulation of temporary uses and forward a recommendation to the City Council. File Name: File Number: Zoning Ordinance Amendment Temporary Uses File # OTA SUMMARY RECOMMENDATION Staff recommends approval of the following motions: A. Recommend the City Council determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and B. Recommend that the City Council approve the Ordinance Text Amendments as shown in Exhibits A through D in regards to temporary uses based on the findings contained in the staff report. Background Temporary uses are activities such as farmer s markets, food trucks/mobile food vending, produce stands, special events (Spooktacular, Safety Fair, Car Shows, etc.), and other similar activities. These uses are currently regulated through various sections of the Zoning Code including the Itinerant Vending Section (for uses that sell goods) and the Temporary Use Section for other short-term activities. Over the past year, the number of inquiries regarding temporary uses has increased. One request in particular has been in regards to mobile food vendors and food truck round-ups. Mobile food vending, also referred to as food trucks, was ranked by Forbes Magazine as the number one small business in With the increase in popularity, operators are always interested in new locations to park a food truck. Areas lacking in restaurants and seeking to create synergy are prime areas for this type of user. Unfortunately, the City s current regulations including the restrictions on vending time limits have not supported the growth in this industry. Therefore, in September 2015, staff held a study session with the City Council to seek direction to update the City s zoning regulations to be more in-line with today s trends not only on food trucks but other short-term activities including special events, reoccurring community events, and construction staging areas. At this study session, the City Council supported the staff s request to amend the regulations and directed staff to include the business community in any outreach. A copy of staff s presentation at the Study Session is provided as Attachment 1. Proposed Changes The proposal revises various sections of the Zoning Code to amend the standards for certain activities and expand the uses that are allowed through the Temporary Use Permit process. There are several sections of the Zoning Code that currently regulate these types of temporary uses including Section (Itinerant Vending) and the permitting processes regulated through two sections, and The proposal is to classify all short-term activities as a temporary use Agenda Packet Page63

68 File # OTA May 25, 2016 Page 2 and eliminate the independent section for itinerant vendors. In addition, other related sections of the Zoning Code will be updated including the definitions and the land use table. Combining all temporary uses into one section and updating the definitions will provide a more user-friendly Zoning Code. Staff proposes a variety of changes in regards to the temporary use regulations. Exhibits A through D provide the complete list of the changes with the text shown in red underlined indicating new regulations and text shown in purple underline indicating modified regulations. The table below provides a recap and discussion of the most notable changes. Topic Special Event/Sale (Exemptions) ( B.10) Vending on Demand ( B.12) Current Regulations Currently certain types of special events are exempt from a Temporary Use Permit. The criterion for exemption includes events held indoors or will not occur after 9 pm and is not attended by more than 100 persons. Currently itinerant vendors require issuance of an Itinerant Vendor Permit including mobile food vendors that travel routes (ice cream trucks, etc.) Proposed Change Special events that are held within an enclosed building will remain exempt. The criterion that exempts events of less than 100 persons and not occurring after 9 pm has been removed. Delete the code section that is specific to itinerant vendors and categorize under Temporary Uses. Create a new category Vending on Demand for vendors that only stop/park at the request of a customer and exempt these types of vendors from obtaining a Temporary Use Permit Discussion The proposal clarifies the language and continues to exempt special events or sales held indoors. The proposal does remove the exemptions in regards to attendance and time. These exemptions were rarely used and requiring a permit for each event allows staff the ability to review the proposed site plan and proposed activities based upon the individual event. The current permitting process requires that sellers that travel routes and only stop at the request of a customer (i.e. ice cream trucks) obtain an Itinerant Vending Permit. This permit structure has been difficult to enforce due to the influx of vendors during peak times. Staff proposes to classify these types of vendors as Vending on Demand and exempt them from a Temporary Use Permit. Regulations that require business license, including background check of the vendor, will remain a requirement through the City s Business License process. Vendors that stop in a location and vend from a stationary spot would require a Temporary Use Permit. Agenda Packet Page64

69 Topic Auto Sales (Temporary Sale Events) C.1 Construction Staging Areas Off-Site C.2 Reoccurring Community Events C.9 Current Regulations New regulation New regulation New regulation Proposed Change Discussion File # OTA May 25, 2016 Page 3 Over time staff has received phone calls from various auto dealers interested in hosting short-term auto sales events within the City s commercial shopping centers. Currently, the regulations prohibit this type of temporary use. The proposed update would allow auto sales (including RV s, trailers, and other similar vehicles) within certain commercial zones (GC and SC) for a period of up to three consecutive days every three months not to exceed 12 days per calendar year. The intent is that auto sales events could generate customer traffic without diminishing sales from competing businesses since the City has limited locations where autos are currently sold. Off-site construction staging areas are temporary yards used by contractors for the storage of goods and equipment for construction projects that are occurring at a location other than where the yard is located. The use of a storage area allows the contractor to store the goods in close proximity to the job site, preventing excessive trips to far away locations. This practice is most commonly used for utility work (water, sewer, etc) and road work. The Zoning Code currently has provisions for storage areas on-site but silent in the regulation for off-site yards therefore the project includes the addition of regulations for this use to the Temporary Uses section of the code. The regulations will require contractors proposing to use off-site properties for the storage of goods and equipment to obtain a Temporary Use Permit. The issuance of the permit will provide staff the opportunity to review the proposed location to ensure the activities at the site are compatible with the surroundings including operating hours, dust control, and noise. Additionally, the contractor will be required to notify surrounding properties within 500 feet of the site of the intended use. All contractors/agencies would be subject to obtaining the Temporary Use Permit (City, County, SMUD, PGE, Sewer, etc.). This new category would include events such as a farmer s market (currently one at Sunrise Mall), and possible future events such as a food truck round-up (multiple food trucks in one location). These events are typically held on a regular basis and generally include multiple vendors operating/functioning as one event. In the case of these types of events, only the event would require the permit, not each individual vendor. Attachment 2 provides information on a recent proposal for a type of reoccurring community event. Agenda Packet Page65

70 File # OTA May 25, 2016 Page 4 Topic Special Events C.12 (Allowed Uses by Issuance of a Temporary Use Permit) Current Regulations Current regulations allow for a special event for no more than 10 days in a calendar year. Proposed Change Allow a special event (carnivals, safety fairs, etc.) to occur up to 10 consecutive days and remove the yearly limit. Discussion Special events bring activity to commercial areas and utilize outdoor space within the commercial centers (such as Sunrise Mall parking lot). These events rarely last more than a weekend but the code was unclear if the 10 day per year limit was per event or an allowance for all events. Staff proposal will clarify that a single event would be limited to no more than 10 consecutive days and would remove the yearly limit. Vending C.14 Currently classified as Itinerant Vending Rename and combine under the Temporary Uses Section Removing the Itinerant Vending and reclassify this as a Temporary Use will make the Zoning Code more user friendly by having the regulations all in one section. Daily Removal Currently the Zoning Code requires that all evidence of vending must be removed on a daily basis. Proposal to allow discretion that for the length of the permit, vending may remain in place without daily removal. The City has received interest from a vendor that would like to set-up seasonally (See Attachment 3) and the type of mobile unit does not allow its removal on daily basis. Staff has proposed language that would allow flexibility in the daily removal requirement. Vending within the Rights of Way Currently there is no vending allowed within the public rights of way Changed from prohibited to allowed with an encroachment permit issued by the City The intent is to not encourage vending in the rights-of-way but remove the prohibition and allow it through an encroachment permit in certain situations such as a parade. Signage Currently only one sign up to 10 sf is allowed. Remove the limit on the number and size of signs. The size limit of 10 sf was appropriate when regulating a single-vendor but with groups of vendors (food truck round-ups) additional signage may be needed. The proposal is to not limit the number of or the size of signage but all portable signs would have to be removed at the conclusion of each day. Agenda Packet Page66

71 File # OTA May 25, 2016 Page 5 Topic Table/Chairs Toilet and Handwashing Daily Vending Time Limits Vending Area Limit Current Regulations Not currently allowed unless in a plaza, park, or open space Currently restrooms must be available for use by the vendor when the vendor is stopped more than four hours in a single location Current regulations have a one hour time limit for food vendors and no time limit for vendors of other goods Vending activity generally limited to 200 sq ft. Proposed Change Allow tables/chairs in areas that can demonstrate adequate space is available. If tables/chairs are provided, restrooms for customer use must also be provided. Vendors stopped for more than one hour in a single location must have access to a restroom. Vendors in one location for more than four hours will be required to provide restrooms for customer use. Remove the one hour time limit for food vendors and limit hours on all vendors on a caseby-case basis. Remove the vending area size limit and review by site plan on a case-by-case basis. Discussion Tables/chairs would help contribute to the atmosphere for food truck round-ups or other community events. These types of events would be held in areas that could accommodate the placement of the furniture. For example, large parking lots such as Grand Oaks Shopping Center could accommodate the use of tables/chairs for a food truck round-up. Revised for consistency to CA Retail Codes that require mobile food vendors conducting business for more than one hour in a location provide employees restroom facilities within 200 feet (this will be required by both food and non-food vendors). In addition, any vendor utilizing tables/chairs or remaining stationary four hours or more, will be required to require restrooms for customer use. The time limit of one hour has proven to be restrictive and has not supported the growth of food trucks or other mobile food vendors. Staff is proposing to eliminate the time limit and address the selling hours on a case by case basis depending on the surrounding businesses, proposed activity, and location. The vending area limit of 200 sf was appropriate when regulating a single vendor but does not allow adequate space for community events where there may be multiple vendors in one location i.e. food truck round-ups. Agenda Packet Page67

72 File # OTA May 25, 2016 Page 6 Topic Fundraisers nonprofit organization E Current Regulations Temporary fundraising sales by non-profit organizations are exempt from the Itinerant Vendors Permit. Proposed Change Reclassify fundraising events into one category Special Events and require a permit. Non-profit organizations would require a permit but no fee would be charged. Discussion Currently, most outdoor fundraising activities obtain a permit even though they are not technically required. Typically the property owner of where the activity is proposed to take place prefers the group to obtain a permit. The City does not currently charge non-profits for this permit and the revised regulations would continue to exempt the group from the permit fee. In conjunction with the combining of the land use regulation of temporary uses and itinerant vending, Chapter (Permit Application Filing and Processing) requires updating to be consistent. It s important to note that this proposal does not change the existing permit procedures; the application review process, or change any of the existing permit fees associated with obtaining a Temporary Use Permit. Conclusion The proposed updates to the Zoning Code will revise the regulations for temporary uses including expanding the time permitted for mobile vendors, allowing short term auto sales events, and adding standards for off-site storage areas. Staff believes the City s regulations and processes should support and attract businesses. Based upon the analysis provided within this report, staff believes the following findings can be made. The proposed amendments to update and add regulations for temporary uses including food trucks, mobile vending, and off-site construction staging area is consistent with the General Plan including Policy 5.2 that discusses the review and amendment to the Zoning Code to help facilitate economic opportunities; The proposed amendments associated with temporary uses will not be detrimental to the public, interest, health, safety, convenience, or welfare of the City. ENVIRONMENTAL DETERMINATION This project is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3). PUBLIC OUTREACH The proposed changes were provided to the City s neighborhood associations and business groups including Sunrise MarketPlace, Antelope Crossings, Auburn Boulevard Business Association, and the Chamber of Commerce. Representatives from some of these groups attended the Study Session and expressed support for the changes. In addition, information including a copy of the draft regulations has been available on the City s website for several weeks. A public hearing notice for the proposed project was published in a general circulating newspaper as required and staff has not received any comments at the time this report was written. RECOMMENDATIONS The Planning Division recommends that the Planning Commission: Agenda Packet Page68

73 File # OTA May 25, 2016 Page 7 A. Recommend the City Council determine that the proposed project is exempt from CEQA under Section 15061(b)(3); and B. Recommend that the City Council approve the Ordinance Text Amendments as shown in Exhibit A in regards to temporary uses based on the findings contained in the staff report. Attachments 1. Presentation from Study Session 2. Off the Grid Information 3. Hokulia Shaved Ice Information Exhibits A. Revisions Article 4 B. Revisions Article 6 C. Updated Table 2-5 D. Revisions to Article 8 Agenda Packet Page69

74 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 Attachment 4 Red text NEW Regulations Purple text MODIFIED from Current Regulations REPEALING IN THE ENTIRETY ITINERANT VENDING (ARTICLE 4 SPECIFIC LAND USES) ADD NEW SECTION TEMPORARY USES (ARTICLE 4 SPECIFIC LAND USES) AS SHOWN BELOW TEMPORARY USES (NEW SECTION UNDER SPECIFIC LAND USES AND COMBINES THE FORMER ITINERANT VENDOR REGULATIONS INTO THIS SECTION) This section describes short-term activities that may not comply with normal development standards of the applicable zoning district, but may otherwise be acceptable because of their temporary nature. A. Permit Requirement. Short-term activities as described below may be authorized through the issuance of a Temporary Use Permit. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter (Permit Application Filing and Processing). It is the responsibility of the applicant to produce evidence supporting the required findings. B. Exempt temporary activities. The following temporary activities are allowed without a Temporary Use Permit. Temporary activities that do not fall within the following categories shall comply with Subsection C below. 1. Agricultural products grown on-site. The sale of agricultural products on the site where product is grown. 2. City-sponsored events. Special events approved and sponsored by the City. 3. Construction Staging Areas - On-site. On-site contractors' staging areas, for an approved construction project. The construction area shall be removed immediately upon completion of the construction project, or the expiration of the Building Permit authorizing the construction project, whichever occurs first. 4. Deliveries. Delivery activities of any establishment with a fixed place of business, which only delivers its products, services, or goods to a specified address in response to a customer request, order, or invoice previously placed through that fixed place of business. 5. Door-to-Door Solicitation. Door-to-door solicitation in a residential area (this provision does not grant permission to solicit where an individual homeowner has posted a notice of No Solicitation or similar wording). 6. Emergency facilities. Emergency public health and safety facilities and activities. 7. Garage sales. No parcel may have more than three sales per year, and no sale may exceed two consecutive days. 8. Public park events. Organizations selling goods or merchandise on park property with prior written authorization from the Sunrise Recreation and Park District. 9. Public property. Activities conducted on public property including parks, schools or property under control of the City. 10. Special Event or Sale. Special event or sale that is held within a completely enclosed building and would be permitted under the applicable land use table. 11. Temporary work trailers. A trailer or mobile home used as a construction office, or a temporary work site for employees of a business, provided that: a. The use is authorized by a Building Permit for the trailer, and the Building Permit for the permanent structure; Agenda Packet Page70

75 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 b. The use is appropriate because: (1) The trailer or mobile home will be in place during the construction of a subdivision, or the construction or remodeling of a permanent commercial or manufacturing structure for a maximum of one year, or upon expiration of the Building Permit for the permanent structure, whichever first occurs; or (2) The applicant has demonstrated that the temporary work site is a short-term necessity for a maximum of one year, while a permanent work site is being obtained; and c. The trailer is removed prior to final building inspection or the issuance of a certificate of occupancy for the permanent structure. 12. Vending On Demand. Vendor shall maintain a valid City business licenses, County health permit, and comply at all times with all other applicable City and governmental requirements. C. Allowed temporary uses. A Temporary Use Permit may authorize the following temporary activities within the specified time limits. Other temporary or short-term activities that do not fall within the categories defined below shall instead comply with the planning permit requirements and development standards that otherwise apply to the property. 1. Auto and RV Sales. The temporary outdoor sales of autos, mobile homes, boats, and RV s may occur on any paved site within a GC, SC, AC, or commercial SPA zone for a period of three consecutive days every three months not to exceed 12 days in a calendar year. The temporary sale may be set up one day prior to the three-day sale and taken down one day following the sale. 2. Construction staging areas Off-site. Off-site contractors' staging areas, for an approved construction project subject to the following development standards: a. Appearance/Safety. The Contractor shall erect and maintain temporary fencing and/or screening as needed to keep the site safe. Perimeter fencing shall be setback a minimum of five feet from the curb/sidewalk or street in the case of no sidewalks, to allow passage by pedestrians. The City may require additional fencing and screening methods depending on location of the temporary construction staging area. b. Dust Control. The Contractor shall implement and maintain appropriate Best Management Practices at the site and along adjacent streets to minimize dust, erosion and sediment in accordance with State and local laws and to the satisfaction of the City. c. Noise. All activities shall comply with the City s Noise Ordinance. d. Notification. The contractor shall notify in writing all residents within 500 feet of the construction staging area of the activities that will be occurring at the site. The notice shall include a contact name and phone number of a person responsible for the management of the temporary construction staging area. e. Permit Time Limit. A Temporary Use Permit for an off-site construction yard may authorize the yard for up to one year. In the circumstance that a project extends beyond one year, the applicant shall file for a new Temporary Use Permit. f. Setbacks. Loose material (dirt, rock, sand, etc) shall not be stored within 20 feet of a residential building. g. Signage. The contractor shall erect and maintain a sign at the entrance to the temporary construction staging area indicating: Temporary Construction Staging Area, the name of the Contractor performing the work, and a 24 hour emergency phone number of a person responsible for the management of the temporary construction staging area. Agenda Packet Page71

76 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 h. Vacation of area. Within 10 working days of substantial completion of the project, the Contractor shall remove all construction materials, equipment, and temporary fencing and apply appropriate permanent erosion control measures to the satisfaction of the City. 3. Location filming. The temporary use of a specific site for the location filming of commercials, movies, videos, etc., for the time specified by the Director, but not to exceed one year. 4. Mobile home or travel trailer for night watchman. A mobile home or travel trailer at an existing business, as a temporary residence for a night watchman. 5. Model homes. A model home or model home complex may be authorized prior to the completion of sales in a residential subdivision. 6. Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. An application for a temporary real estate office may be approved for a maximum of one year. An extension may be granted by the Director. 7. Temporary structures. A temporary classroom, office, or similar structure, including a manufactured or mobile unit, may be approved for a maximum of one year from the date of approval, as an accessory use or as the first phase of a development project. An extension of one year may be granted by the Director. A temporary structure proposed for a longer time period shall comply with all provisions of this Zoning Code applicable to a permanent structure on the same site. 8. Promotional sale associated with permanent on-site use. An outdoor promotional sale may be permitted for 30 days at a grand opening and for 10 days per year thereafter. The promotional sale shall be for the purpose of promoting a use regularly and lawfully in operation on the premise. 9. Reoccurring Community Events. Outdoor events similar to a farmer s market, street fair, or similar activity that occurs on a regular schedule may be authorized up to one year. Event coordinator shall file a new Temporary Use Permit annually. Food Vendor Group sites may be authorized up to one time per week not to exceed 16 times within a 12-month period unless a greater frequency is granted by the Planning Commission. 10. Seasonal sales. Seasonal sales (i.e., Christmas trees, and pumpkins) are permitted for up to 30 days. 11. Similar temporary activities. A temporary activity that the Director determines is similar to the other activities listed in this Subsection, and compatible with the applicable zoning district and surrounding land uses. 12. Special events. A single special event held outdoors including carnivals, safety fairs, fundraisers, or other similar activity in any zone may be authorized for no more than 10 consecutive days. At the discretion of the Director, the applicant shall be responsible for notifying adjoining property owners of the event. 13. Storage Containers. Storage containers are allowed in commercial zones with the approval of a Temporary Use Permit subject to the following development standards: a. Number of Containers Allowed. One (1) container for the temporary storage of merchandise is allowed. One additional container may be allowed if the user s business exceeds 100,000 square feet of gross floor area. b. Multi-tenant sites. For sites with multiple tenants, the City may limit the number of containers within the center or within an area. c. Allowable Container Size. The container may not exceed 40 feet in length or 400 square feet per container. d. Permit Time Limit. No more than one Temporary Use Permit may be allowed per calendar year. At no time shall a container be kept on site for more than 90 consecutive days, except that containers allowed for construction activities may be permitted until such time the construction activities are completed. Agenda Packet Page72

77 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 Temporary storage containers, except containers allowed as construction activities, not removed by the end of the 90 day period may be issued a fine for each day over the allowed 90 days that the container remains on the site, unless an extension is obtained from the Director. e. Allowable Location. The container shall be placed in the least conspicuous location available. The final location shall be determined by the Director. (1) The storage containers shall be placed on a level concrete or asphalt surface at all times. (2) Storage containers shall not be stacked on top of another container. (3) To the maximum extent possible, the storage containers should not be visible to the motoring public or from residential neighborhoods immediately adjacent to the property where they are located. The containers may be required to be screened by use of temporary fencing or some other method if the containers are visible from public rights of way or residences, as determined by the Director. f. Other Development Standards. The storage containers shall be used as an accessory to a primary use, located in an enclosed adjoining building. (1) The containers must be maintained in good condition as they were originally approved so as not to become unsightly or a nuisance. (2) A storage container shall not remain on a site if the use it is appurtenant to is abandoned. (3) No signage whatsoever shall be allowed on containers. 14. Vending. Vending may be authorized in commercial zones with the approval of a Temporary Use Permit subject to the following standards: a. Appearance and storage. The vendor shall maintain the area within which vending activities occur in a clean, safe, sanitary, and dust-controlled condition. Unless authorized through the Temporary Use Permit, the vendor shall remove all evidence of vending and leave the site in a clean state at the close of each business day. b. Location on particular roadways. Vending may be restricted or prohibited along specific roadways, or portions thereof, which, as a result of limited parking, limited line-of-sight, traffic control impacts, high traffic flow, or other reasons specified, are determined to be unsafe for vending. This may include restrictions against operating during peak traffic hours, as determined by the City. c. Obstructions, hazards. No vendor shall obstruct vehicular traffic, bicycle traffic, sidewalk pedestrian traffic, or accessibility to vehicles parked adjacent to the curb, and shall not create public health or safety hazards. No vending activity shall occur within the traffic safety visibility area described in Section E (Height Limit at Street Corners). d. Proximity to other items. No vending shall occur within 10 feet of a fire hydrant, fire escape, building entrance, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway. A greater distance or separation from other uses may be required, under the permit, in order to preserve line-of-sight, or for other safety reasons. The vending shall not damage landscaped areas. e. Residential zoning districts. With the exception of food products, vending shall not be permitted in a residential zone. f. Rights-of-way. Vending shall not be permitted in a roadway median or within any other public right-of-way unless authorized by the City. Agenda Packet Page73

78 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 g. Permit display. Each vendor shall maintain a copy of the Temporary Use Permit and Business License at the location of vending. h. Signs. Portable signage shall be removed daily. At no time are signs allowed to be placed within the public right-of-way, on a sidewalk, or in a location that would impede vehicular or pedestrian traffic. i. Tables. Tables for use by customers are prohibited unless authorized through the Temporary Use Permit. The vendor must be able to demonstrate that areas proposed for the use of tables, i.e. a plaza, open space area, or similar area has adequate room to not interfere with on-site travel movements. Sites using tables must demonstrate that adequate restroom facilities are available for use by customers. j. Time Limits. Stationary vending is intended to be a temporary activity and may not occur in a single location more than 180 days within a twelve month period. k. Toilet and handwashing facilities. Vendors that remain in place more than one hour must be situated within two hundred feet travel distance of a legally approved and permitted toilet and handwashing facility for use by the vendor. Vendors that remain in place more than four hours must demonstrate that adequate restroom facilities are available for use by customers. l. Vending vehicles or devices. The width, length, and height of all vendor vehicles and devices shall be subject to review as a part of consideration of the Temporary Use Permit. The City s review shall include but not be limited to color, materials, and appearance of the vending vehicle or device; shade umbrellas; accessories (including ice chests and trash receptacles); and maneuvering necessary for set-up and takedown. All vehicles shall comply with the California Vehicle Code and California Health and Safety Code. m. Other applicable regulations. Each vendor shall comply at all times with all applicable City and other governmental requirements, including without limitation, health permit, the Americans with Disabilities Act, health and safety regulations, this Zoning Code. D. Development standards. The Director may establish the following standards based on the type of temporary use using the requirements of the applicable zoning district, and Articles 3 (Site Planning and Project Design Standards) and 4 (Standards for Specific Land Uses) for guidance: 1. Measures for removal of the activity and site restoration, to ensure that no changes to the site would limit the range of possible future land uses otherwise allowed by this Zoning Code; 2. Limitation on the duration of approved "temporary structures," so that they shall not become permanent or long-term structures; and 3. Other requirements as appropriate to minimize any adverse impacts of the use. Agenda Packet Page74

79 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 REPEAL IN THE ENTIRETY ITINERANT VENDOR PERMITS (PLANNING PERMIT PROCEDURES) REPEAL AND REPLACE TEMPORARY USE PERMITS (PLANNING PERMIT PROCEDURES) AND REPLACE AS SHOWN BELOW TEMPORARY USE PERMIT (PLANNING PERMIT PROCEDURES) A. Purpose. This Section establishes procedures for the granting of Temporary Use Permits for short-term activities. This use is a special privilege, not a matter of right; it is subject to a revocable permit in compliance with Section (Permit Revocation and Modification). B. Applicability. A Temporary Use Permit is required to authorize activities or events as described in Section C. Review Authority. Temporary Use Permits may be approved or disapproved by the Director, in compliance with this section. D. Application filing and processing. An application for a Temporary Use Permit shall be filed and processed in compliance with Chapter (Permit Application Filing and Processing). It is the responsibility of the applicant to provide evidence in support of the findings required. Only one Temporary Use Permit is required for special events; each individual participant is not required to obtain a Temporary Use Permit. All vendors participating in the event must obtain an individual City Business License. E. Fee Exemptions. A recognized 501(c)(3) organization shall not be required to pay a fee for the Temporary Use Permit, provided that the organization requests no more than one permit per year. F. Health Permit. The vending of food, produce, or other edible items requires a valid health or other permit issued by the appropriate agency. G. Project review, notice and hearing. Each application shall be reviewed by the Director to ensure that the proposal complies with all applicable requirements of this Zoning Code. Public notice and a hearing are not required prior to a decision on a Temporary Use Permit unless the Director determines that a hearing should be conducted. In the event that a hearing is required, notice shall be provided and the hearing shall be conducted by the Planning Commission Director in compliance with Chapter (Public Hearings). H. Findings and decision. A Temporary Use Permit may be approved by the Director only after the Director first finds that the requested activity complies with applicable standards, and therefore, that the establishment, maintenance, or operation of the temporary activity would not be detrimental to the public health, safety, or welfare of persons residing or working in the neighborhood of the proposed activity. In the authorizing of a permit for vending, the Director may the approving authority may impose time limits based upon the consideration and the consider the location of nearby businesses, other high traffic generators, or proximity to other vendors to prevent the proliferation of vendors in an area thus negatively impacting traffic and pedestrian safety. I. Post approval procedures. The procedures and requirements in Chapter (Permit Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Zoning Code Administration), shall apply following the decision on a Temporary Use Permit application. J. Condition of the site following temporary activity. Each site occupied by a temporary activity shall be cleaned of debris, litter, or other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Zoning Code. A bond may be required before initiation of the activity to ensure cleanup after the activity is finished. Agenda Packet Page75

80 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 K. Indemnification. As a condition of issuance, the applicant agrees to indemnify, hold harmless, and defend the City and its representatives against liability and/or loss arising from activities connected with and/or undertaken in compliance with the Temporary Use Permit. The City is not liable for any business loss, property loss, or other damage that may result from use of the permit, or suspension or revocation of the permit, and no applicant shall maintain any claim or action against the City, its officials, officers, employees, or agents on account of any suspension or revocation. L. Term of permit, renewal. Each permit shall be valid for the time specified in the permit up to a maximum of one year. The permit may be renewed subject to compliance with all terms and conditions of the permit, the standard established in the Section , and payment of applicable fees. M. Transferability. The permit is not transferable to any other entity or person and is valid only as to the original applicant. Agenda Packet Page76

81 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 Definitions, I Itinerant Vending. The following terms and phrases are defined for the purposes of Section ) (Itinerant Vending). 1. Itinerant Vending. The conduct or housing of retail sales using a table, stand, cart, vehicle, or other device rather than from a permanent building. An "Itinerant Vendor" may travel from place to place and vend along an approved route and/or within an approved area, or may vend from a single or several locations on a regular basis. 2. Point of Vending. The location or approved route/area at/within which vending occurs. 3. Stationary Vending. Vending from the same location on a regular basis. Vending from any one location for more than two consecutive hours is stationary vending. 4. Vending. Selling, offering for sale, or displaying or dispensing of any goods or merchandise for sale or purchase to the public from any carrying device, box, bag, stand, human-powered device (including but not limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container), portable stand, or any other device used for carrying goods or merchandise. This includes hawking, operating noise-making devices, and any other activity or signage to attract attention to the vendor or the goods or merchandise. A vendor may be both stationary and itinerant depending on the vendor's method of operation. Examples of vending activity include hot dog carts/vehicles, flower carts/stands/sales, ice cream carts/vehicles, roadside sales, stationary food carts/vehicles, and similar activities. 5. Vendor. An individual or entity that engages in itinerant vending, including both owners and operators. Definitions, "V." Vending. The following terms and phrases are defined for the purposes of Section (Temporary Uses). 1. Vending. Selling, offering for sale, or displaying or dispensing of any goods or merchandise for sale or purchase to the public from any carrying device, box, bag, stand, human-powered device (including but not limited to any pushcart, wagon, bicycle, tricycle, or other wheeled container), portable stand, or any other device used for carrying goods or merchandise. This includes hawking, operating noise-making devices, and any other activity or signage to attract attention to the vendor or the goods or merchandise. Examples of vending activity include hot dog carts/vehicles, flower carts/stands/sales, ice cream carts/vehicles, roadside sales, stationary food carts/vehicles, and similar activities. The sale of agricultural products grown on-site is not considered vending. 2. Food Vendor Group Sites. A single site with the stationary operation of two or more mobile food vendors clustered together during a specified time and in accordance with an approved permit. 3. Stationary Vending. Vending from a single location for more than two consecutive hours is considered a day of stationary vending. For the purpose of this definition, a single location shall mean any location within a 1000 feet radius of the original location. 4 Vending on demand. Food vendors such as ice cream trucks or similar food vendors that stop or park only at the request of a bondifide purchaser for the purpose of making a sale and only so long as it take to make a sale. Agenda Packet Page77

82 CITY OF CITRUS HEIGHTS MUNICIPAL CODE - TITLE ZONING CODE JULY 13, 2016 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 RESIDENTIAL USES 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 Emergency shelter S Home occupation P P P P Live/work unit MUP MUP UP UP Mixed use project residential component S S S S Multi-unit dwelling P P P Single room occupancy (SRO) facility UP Work/live unit UP UP UP RETAIL TRADE Accessory retail uses P P P P P P P Alcoholic beverage sales S S S S Bar UP UP UP UP Brew Pub/Tavern P P P Building/landscape materials sales P P Construction and heavy equipment sales and rental UP P P Convenience store S S S S S S Drive-through retail UP UP UP Fuel dealer (propane for home and farm use, etc.) P General retail P P P P Groceries, specialty foods P P P Itinerant vendor S S S S S S S Mixed use project S S S S Night club UP UP Office-supporting retail S P P P S C Outdoor displays and sales P P P P Public auction, flea market UP Restaurant, café, coffee shop S P P P P MUP S C Smoking paraphernalia establishment S S S S S S S Wood yard (firewood sales) 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: Agenda Packet Page78

83 Attachment 5 At its core, Off the Grid (OtG) believes in unlocking the potential of public spaces to create authentic, thriving, and diverse communities. Our mission is to support economic vitality, bring people together, and expand opportunities for small businesses. OtG operates numerous weekly mobile food markets on private property at retail centers, complimenting and providing an additional amenity with our weekday dinner and weekend lunch concepts. ACTIVATING RETAIL CENTERS WITH LIVELY COMMUNITY- BASED EVENTS Our markets contribute to the economic vitality of these locations by drawing in additional foot traffic to discover the retail center and enjoy the community atmosphere. Our customers are year olds, young families, and couples who are adventurous, use social media, and are interested in food, music, health, and fitness. We attract a local crowd who may not otherwise be planning to eat out or visit the shopping center that day, increasing foot traffic and visibility to the existing retail shops. We have built positive, synergistic relationships with our partners in each location to activate these spaces for a unique experience that is authentic to the community s demographics and interests. Sustainability is important to us and we maintain a zero footprint mentality by providing pop-up infrastructure and handling all waste. Our reach: Our Marketing team is dedicated to promoting these locations as fun neighborhood destinations through the following channels: Facebook: 95,000+ Likes Newsletter subscribers: 37,000+ Twitter: 36,000+ Followers Mobile App Users: 52,000+ Users Instagram: 24,000+ Followers Website Visitors: 42,000+ Per Week Off the Grid works with innovative, customer service-oriented mobile food businesses. For example, many of our customers are drawn to an OtG market because they follow a specific mobile food business or are looking to try a new concept. Most of these customers would not otherwise be at the center to shop, but will discover new retail outlets in the process of visiting our market. One Concord customer illustrates this sentiment, commenting: I think [OTG customers] are definitely wanting to sample things less easy to come by (Yelp reviewer). OtG partners with premier property management companies, and has received consistently positive feedback from these companies. Equity One and Jamestown Properties are two examples that showcase our management capabilities. VISIT US AT AND FOLLOW US ON The Off the Grid experience is a unique reoccurring event that not only complements our weekly farmer s market but also creates a synergy between our mall, Off the Grid, customers, and community. The community and resident response to Off the Grid, the power of social media and high quality food trucks has been extraordinary. Jason LeMone, VP Property Management Equity One As owner, Jamestown is continually looking for ways to increase visitorship and increase merchant sales at all of our projects. Off the Grid: Alameda has made the single biggest impact on our Saturday visitor counts and we consistently receive positive remarks from the bulk of our merchants about the measurable increase in sales they see from this weekly program. Ally Krueger, Manager Creative and Marketing Jamestown Agenda Packet Page79

84 ALAMEDA Opening in June 2012, we utilize a large parking lot to create a destination event that draws over 700 local residents every Saturday from 11:00am 3:00pm. Our circular layout creates an inviting space for the community to reconnect with each other and discover new types of cuisine. We also partner with community-based organizations to maintain a shared use of the space. NOVATO Opening June 2014, we draw foot traffic to a slower section of the mall by activating the space with our programming every Thursday from 5:00pm 9:00pm. We partnered with Vintage Oaks to create this win-win opportunity and are developing relationships with community-based groups to grow the event. LARKSPUR Opening in October 2011, we provide an additional amenity to the Marin Country Mart event. The County Mart event includes a tent, music, petting zoo, beer tent and 5-6 food options. This unique partnership has drawn additional foot traffic and diverse mobile food options, which has proven successful over time. SAN ANSELMO Opening in September 2014, have increased foot traffic and visibility from Sir Francis Drake Blvd to the Red Hill Shopping Center. Utilizing a linear layout, we activate this space with music, trucks, seating, and lighting. Our market draws an average of 600 attendees every week and we cross-promote with existing tenants for cooking demo s and other interactive events. PLEASANTON Opening in January 2014, we activate the lawn at Pleasanton mall every Sunday from 11:00am 3:00pm. Utilizing an L-shaped layout, we have created an inviting space for people to meet and reconnect with other in a shared food environment while increasing visibility of the mall s entrance. SERRAMONTE Opening in May 2013, we function as an additional amenity to Serramonte Center every Tuesday from 5:00pm 9:00pm. Utilizing a circular layout, we operate adjacent to the existing farmer s market space and draw additional foot traffic to this known event at the Center. Our customers are attending primarily because they follow a specific food truck, and stay afterwards to shop and enjoy the seating. Lighting and music we provide. EMERYVILLE PUBLIC MARKET Opening in August 2014, we operate as an extension of the indoor food court at Public Market every Saturday from 11:00am 3:00pm. Utilizing a circle layout, we provide additional food diversity outdoors with 10 trucks, and partner with Public Market retail tenants and community-based organizations to program the space. Agenda Packet Page80

85 Attachment 6 A colleague and I are owners of an authentic Hawaiian shave ice franchise and are looking to bring a couple of locations to the Sacramento area next spring/summer. We've identified several locations in Citrus Heights as good opportunities for both us and the community. But from what I can gather, it looks like the City of Citrus Heights doesn't grant temporary use permits for any extended period of time. Ideally, we would sublease a space drop off the kiosk and leave it stationary for up to 4-6 months during the summer. As you can see from the pics below. We are not some trashy sno cone set up. While technically on a trailer, our kiosk is a quality structure that doesn't look like a mobile unit, it's visually appealing, it drives business, the product is amazing and it's sure to be a value add to the community. In other areas where we've set up, our shack quickly becomes a "hang out" and a boon for the community. It would also employ around 15 part time employees and it would of course comply with all county health codes. Is there a process that we can go through to be granted a temporary variance to the city's use permit restrictions? Or is there a planning commission that we can get an audience with for a quick presentation for consideration of our proposal? I'm confident once the city understands what we're about, there may be something we can work out. Thanks in advance for any help. Agenda Packet Page81

86 Item 11 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council July 28, 2016 TO: FROM: Mayor and City Council Members Henry Tingle, City Manager David Wheaton, General Services Director Stuart Hodgkins, Principal Civil Engineer Ardelyn Flores, Associate Civil Engineer Fin. Atty. Henry Tingle, City Manager SUBJECT: Landscape Maintenance Assessment Districts (Zones 1, 2, 3, and 4) Levy of Fiscal Year Assessments Summary and Recommendation On July 14, 2016, City Council took the first steps toward the proposed annual update for Fiscal Year 2016/2017 for the Landscape Maintenance Assessment Districts (LMAD) (Zones 1, 2, 3, and 4). At that time, Council adopted Resolutions of Intention to update the districts and called for a public hearing on July 28, Subsequently, the City Clerk published the required notice. The Council s intent at that meeting was to maintain the assessments for Zones 1, 2, 3, and 4 at same level as the prior year. Staff recommends the City Council convene the public hearing for the district regarding the proposed annual assessments for Fiscal Year 2016/2017 and adopt the following resolutions: 1. Resolution No : Resolution confirming the diagram and assessment for Landscape Maintenance Assessment District No , Zones 1, 2, 3, and 4 and levying assessments for fiscal year 2016/2017 as presented in the Engineer s Report (on file at the City Clerk s office). Fiscal Impact Assessment District 97-01, Zones 1, 2 and 3, are currently fully funded by their assessments; therefore, there is no fiscal impact for these districts. The funding for Zone 4 does not adequately cover the costs for maintaining Zone 4. It has historically had a shortfall and the City has implemented cost saving measures to reduce the shortfall amount. In past years, contributions from the City s Gas Tax and General Fund revenues were used to balance Zone 4. For FY 15/16 Zone 4 has an estimated shortfall of $3,888 which was covered by Gas Tax revenue. For FY 16/17, $3,579 from Gas Tax revenues has been budgeted to cover the shortfall. Since costs for utilities and labor increase each year, the shortfall for Zone 4 is also projected to continue. Agenda Packet Page82

87 Subject: Landscape Maintenance District: Levy of Assessments for Fiscal Year 2016/2017 Date: July 28, 2016 Page 2 of 3 Background and Analysis The City currently has four (4) landscape maintenance districts. 1. Assessment District 97-01, created in 1997, is for the maintenance of various locations in the City. Zone 1 includes the Bridgemont subdivision off Van Maren Lane, Zone 2 includes the St. Andrews Court subdivision off Old Auburn Road, Zone 3 includes the Verner Glenn (Summerhill) subdivision off Verner Avenue and Zone 4 includes the Villa Creekridge subdivision off Oak Avenue. 2. Assessment District 98-01, created in 1998, is for the maintenance of certain areas within the subdivision called Stock Village Unit No. 1 and Unit No Assessment District 98-02, also created in 1998, is for the maintenance of certain areas within and adjacent to the subdivision called the Sorensen Ranch development. 4. Assessment District 03-01, created in 2003, is for the maintenance of certain areas within Stock Ranch development. Zone 1 encompasses the commercial property and Zone 2 encompasses the residential properties. This agenda item addresses LMAD 97-01(Zones 1, 2, 3, and 4) (LMAD s 98-01, and are addressed under a separate agenda item). The annual update and the levy of assessments for Fiscal Year 2016/2017 for the Landscape Maintenance Assessment Districts No. s (Zones 1, 2, 3, and 4), proposed by the resolution will fund the following: maintenance and servicing of landscaping, trees, and other vegetation, and related or appurtenant facilities, including weeding, fertilizing, pruning, and controlling fungus, disease and insect infestation; operation of irrigation and drainage systems including the provision of water and power, and maintenance of sound walls. Specific maintenance responsibilities for each zone in the district in this item are discussed in the Engineer s Report, dated July 14, The revenues for Zones 1, 2, and 3 are adequate to cover their annual expenses and the Engineer s Report proposes the assessment rates for these zones remain at the rate levied in fiscal year 2015/2016. Since the City took over from the County, Zone 4 has been underfunded. As a result the City has used various funds, including General Fund revenues, to cover the operating shortfall. To eliminate the funding gap in Zone 4, the City proposed to increase the annual assessment. In 2005 and again in 2009 the owners of properties within Zone 4 voted against a proposed increase in the annual assessment, which was intended to balance the Zone s budget. In 2010, to reduce future subsidies, the City incorporated a xeriscaping (drought tolerant and low maintenance) plan to eliminate some of the more labor intensive and water consuming landscape features, such as turf, and reduced the level of service on the remaining landscaping to a minimum. There have been significant reductions in maintenance and utility costs, but the expenditures still exceeded the existing revenues for this zone. This shortfall was subsidized by the City s General Fund. To eliminate future subsidies, the City reduced the frequency of maintenance as a pilot project (i.e. every 6 or 8 weeks instead of monthly). The budget for Zone 4 was balanced with a reduced maintenance schedule. However after numerous complaints from the public of its poor appearance, a higher level of maintenance was reinstated during the FY 2011/2012 year. Agenda Packet Page83

88 Subject: Landscape Maintenance District: Levy of Assessments for Fiscal Year 2016/2017 Date: July 28, 2016 Page 3 of 3 Pursuant to the Landscaping and Lighting Act of 1972, assessment districts of this type must be updated annually. A Resolution to Initiate Proceedings is required as the first action of the City Council in order to initiate the update of the LMAD s. Subsequent approval of the assessments to be levied and collected will be for the purpose of meeting operating expenses and purchasing supplies, equipment, or materials necessary to maintain landscape facilities for the districts. On July 14, 2016, the City Council adopted a Resolution of Intention for LMAD (Zones 1, 2, 3, and 4) approving the Engineer s Report; declaring its intention to order the annual update for Fiscal Year 2016/2017; to levy and collect assessments for the City of Citrus Heights Landscape Maintenance Assessment District; and setting Thursday, July 28, 2016 at 7:00pm (or shortly thereafter) as the date and time for the public hearing. Pursuant to State Law, the City must hold a public hearing on the matter for each District. Since an increase in assessments is not proposed, the Code only requires the Notice to be published in a newspaper. The Engineer s Report proposes the assessment rates will not exceed the rate levied in fiscal year 2015/2016. No ballot procedure or special notice will be necessary to maintain these assessments. The Assessment District diagrams and assessment rolls are contained in the Engineer s Reports. Conclusion Landscape Maintenance Assessment Districts (Zones 1, 2, 3, and 4) will provide for the maintenance of landscape areas, as described in the Engineer s Report. The Engineer s Report does not propose any increase to the current assessments collected for Landscape Maintenance Assessment Districts Zones 1, 2, 3, and 4. Staff recommends the City Council adopt resolutions confirming the diagrams and assessments for the four Assessment Districts. Attachments: Resolution Agenda Packet Page84

89 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, TO CONFIRM THE DIAGRAM AND ASSESSMENT AND TO LEVY FISCAL YEAR 2016/2017 ASSESSMENTS FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO (ZONES 1, 2, 3, and 4) WHEREAS, on July 14, 2016 the City Council (the Council ) of the City of Citrus Heights (the City ) adopted its Resolution No , initiating proceedings pursuant to the landscaping and Lighting Act of 1972, being California Streets and Highways Code Sections et seq. (the Act ), to levy and collect assessments for Fiscal Year 2016/2017 in the City of Citrus Heights Landscape Maintenance Assessment District No (Zones 1, 2, 3, and 4); and WHEREAS, as directed by this City Council, the City Engineer has prepared and filed with the City Clerk a report for Fiscal Year 2016/2017 (the Engineer s Report ) in accordance with the Act; and WHEREAS, on July 14, 2016, the Council adopted its Resolution No , approving Engineer s Report, and setting a public hearing date of July 28, 2016, at 7:00 p.m., at the Citrus Heights Community Center located at 6300 Fountain Square Drive, Citrus Heights, California 95621; and WHEREAS, a notice of the public hearing was published in the form, time and manner required by law; and heard. WHEREAS, at the public hearing, the Council duly heard all interested persons desiring to be NOW THEREFORE BE IT RESOLVED AND ORDERED, by the City Council of the City of Citrus Heights hereby declares that: Section 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. Approval of Engineer s Report. This Council hereby approves the Engineer s Report as now on file with the City Clerk. Section 3. Improvements Ordered. This Council hereby orders the proposed improvements described in the Engineer s Report to be made. Section 4. Special Benefit Finding. This Council hereby finds and determines that the assessment included in the Engineer s Report assesses all of the subdivisions of land in the assessment district for the special benefits provided by the improvements in proportion to the special benefits to be received by such subdivision, respectively, from the improvements. Section 5. Confirmation of Assessment Diagram. This Council hereby confirms the diagram and the assessment now on file with it. Agenda Packet Page85

90 Section 6. Directive to file Diagram and Assessment. This Council hereby directs the City Clerk to file a certified copy of the diagram and the assessment as confirmed with the Sacramento County Auditor. Section 7. Entry on the Roll. The Sacramento County Auditor is hereby requested to enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown on the assessment filed by the City Clerk. Section 8. Effective Date. This resolution shall take effect from and after the date of its passage. 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 28th day of July, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page86

91 Item 12 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council July 28, 2016 TO: FROM: Mayor and City Council Members Henry Tingle, City Manager David Wheaton, General Services Director Stuart Hodgkins, Principal Civil Engineer Ardelyn Flores, Associate Civil Engineer Fin. Atty. Henry Tingle, City Manager SUBJECT: Landscape Maintenance Assessment Districts 98-01, & Levy of Fiscal Year Assessments Summary and Recommendation On July 14, 2016, City Council took the first steps toward the proposed annual update for Fiscal Year 2014/2015 for the Landscape Maintenance Assessment Districts (LMAD) 98-01, and (Zones 1 and 2). At that time, Council adopted Resolutions of Intention to update the districts and called for public hearings on July 28, Subsequently, the City Clerk published the required notice. Staff recommends the City Council convene public hearings for each district regarding the proposed annual assessments for Fiscal Year 2016/2017 and adopt the following resolutions: 1. Resolution No : Resolution confirming the diagram and assessment for Landscape Maintenance Assessment District No (Stock Village Units Nos. 1 and 2), and levying assessments for fiscal year 2016/2017 as presented in the Engineer s Report (on file at the City Clerk s office); and 2. Resolution No : Resolution confirming the diagram and assessment for Landscape Maintenance Assessment District No (Zone 1: Sorenson Ranch and Zone 2: Autumnwood) levying assessments for fiscal year 2016/2017 as presented in the Engineer s Report (on file at the City Clerk s office). 3. Resolution No : Resolution confirming the diagram and assessment for Landscape Maintenance Assessment District No (Stock Ranch Zones 1 and 2), and levying assessments for fiscal year 2016/2017 as presented in the Engineer s Report (on file at the City Clerk s office). Fiscal Impact Staff has re-evaluated the budgets for all of the assessment districts. Assessment Districts 98-01, (Zones 1 and 2), and (Zones 1 and 2) are currently fully funded by their assessments; therefore, there is no fiscal impact for these districts. Agenda Packet Page87

92 Subject: Landscape Maintenance District: Levy of Assessments for Fiscal Year 2016/2017 Date: July 28, 2016 Page 2 of 3 Background and Analysis The City currently has four (4) landscape maintenance districts. 1. Assessment District 97-01, created in 1997, is for the maintenance of various locations in the City. Zone 1 includes the Bridgemont subdivision off Van Maren Lane, Zone 2 includes the St. Andrews Court subdivision off Old Auburn Road, Zone 3 includes the Verner Glenn (Summerhill) subdivision off Verner Avenue, and Zone 4 includes the Villa Creekridge subdivision off Oak Avenue. 2. Assessment District 98-01, created in 1998, is for the maintenance of certain areas within the subdivision called Stock Village Unit No. 1 and Unit No Assessment District has two zones. Zone 1, created in 1998, is for the maintenance of certain areas within and adjacent to the Sorensen Ranch subdivision located off of Van Maren Lane. Zone 2, created in 2014, is for the maintenance of certain areas within and adjacent to the Autumnwood subdivision located off of Antelope Road. 4. Assessment District 03-01, created in 2003, is for the maintenance of certain areas within the Stock Ranch development. Zone 1 encompasses the commercial properties along Auburn Boulevard, north of Arcade Creek. Zone 2 encompasses the residential and commercial properties south of Arcade Creek. This agenda item addresses LMAD s 98-01, and (LMAD is addressed under a separate agenda item). Specific maintenance responsibilities for each districts in this item are discussed in the Engineer s Report, dated July 14, On July 14, 2016, the City Council adopted Resolutions of Intention for each of the three LMAD s approving the Engineer s Report; declaring its intention to order the annual update for Fiscal Year 2016/2017; to levy and collect assessments for the City of Citrus Heights Landscape Maintenance Assessment Districts; and setting Thursday, July 28, 2016 at 7:00pm (or shortly thereafter) as the time and date for the public hearings. Pursuant to State Law, the City must hold a public hearing on the matter for each District. Since an increase in assessments is not proposed, the Code only requires the Notice to be published in a newspaper. The annual update and the levy of assessments for Fiscal Year 2016/2017 for the Landscape Maintenance Assessment Districts No. s 98-01, (Zones 1 and 2), and (Zones 1 and 2), proposed by the resolutions will fund the following: maintenance and servicing of landscaping, trees, and other vegetation, and related or appurtenant facilities, including weeding, fertilizing, pruning, and controlling fungus, disease and insect infestation; operation of irrigation and drainage systems including the provision of water and power, and maintenance of sound walls. Agenda Packet Page88

93 Subject: Landscape Maintenance District: Levy of Assessments for Fiscal Year 2016/2017 Date: July 28, 2016 Page 3 of 3 The Engineer s Report proposes the assessment rates for Assessment Districts No. s 98-01, (Zones 1 and 2), and (Zones 1 and 2) will not exceed the rate levied in Fiscal Year 2015/2016. No ballot procedure or special notice will be necessary to maintain these assessments. The Assessment District diagrams and assessment rolls for these assessment districts are contained in the Engineer s Reports. Conclusion The Landscape Maintenance Assessment Districts 98-01, (Zones 1 and 2), and (Zones 1 and 2) will provide for the maintenance of landscape areas as described in the Engineer s Report. The Engineer s Report proposes no change to the current assessments collected for the Landscape Maintenance Assessment Districts 98-01, (Zones 1 and 2), and (Zones 1 and 2). Staff recommends the City Council adopt resolutions confirming the diagrams and assessments for the four Assessment Districts. Attachments: Resolutions (3) Agenda Packet Page89

94 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, TO CONFIRM THE DIAGRAM AND ASSESSMENT AND TO LEVY FISCAL YEAR 2016/2017 ASSESSMENTS FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO (STOCK VILLAGE UNITS NOS. 1 AND 2) WHEREAS, on July 14, 2016, the City Council (the Council ) of the City of Citrus Heights (the City ) adopted its Resolution No , initiating proceedings pursuant to the landscaping and Lighting Act of 1972, being California Streets and Highways Code Sections et seq. (the Act ), to levy and collect assessments for Fiscal Year 2016/2017 in the City of Citrus Heights Landscape Maintenance Assessment District No (Stock Village Units Nos. 1 and 2); and WHEREAS, as directed by this City Council, the City Engineer has prepared and filed with the City Clerk a report for Fiscal Year 2016/2017 (the Engineer s Report ) in accordance with the Act; and WHEREAS, on July 14, 2016, the Council adopted its Resolution No , approving Engineer s Report, and setting a public hearing date of July 28, 2016 at 7:00 p.m., at the Citrus Heights Community Center located at 6300 Fountain Square Drive, Citrus Heights, California 95621; and WHEREAS, a notice of the public hearing was published in the form, time and manner required by law; and heard. WHEREAS, at the public hearing, the Council duly heard all interested persons desiring to be NOW THEREFORE BE IT RESOLVED AND ORDERED, by the City Council of the City of Citrus Heights hereby declares that: Section 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. Approval of Engineer s Report. This Council hereby approves the Engineer s Report as now on file with the City Clerk. Section 3. Improvements Ordered. This Council hereby orders the proposed improvements described in the Engineer s Report to be made. Section 4. Special Benefit Finding. This Council hereby finds and determines that the assessment included in the Engineer s Report assesses all of the subdivisions of land in the assessment district for the special benefits provided by the improvements in proportion to the special benefits to be received by such subdivision, respectively, from the improvements. Section 5. Confirmation of Assessment Diagram. This Council hereby confirms the diagram and the assessment now on file with it. Section 6. Directive to file Diagram and Assessment. This Council hereby directs the City Clerk to file a certified copy of the diagram and the assessment as confirmed with the Sacramento County Auditor. Agenda Packet Page90

95 Section 7. Entry on the Roll. The Sacramento County Auditor is hereby requested to enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown on the assessment filed by the City Clerk. Section 8. Effective Date. This resolution shall take effect from and after the date of its passage. 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 28th day of July, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page91

96 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, TO CONFIRM THE DIAGRAM AND ASSESSMENT AND TO LEVY FISCAL YEAR 2016/2017 ASSESSMENTS FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO (ZONE 1: SORENSON RANCH AND ZONE 2: AUTUMNWOOD) WHEREAS, on July 14, 2016, the City Council (the Council ) of the City of Citrus Heights (the City ) adopted its Resolution No , initiating proceedings pursuant to the Landscaping and Lighting Act of 1972, being California Streets and Highways Code Sections et seq. (the Act ), to levy and collect assessments for Fiscal Year 2016/2017 in the City of Citrus Heights Landscape Maintenance Assessment District No (Zone 1: Sorenson Ranch and Zone 2: Autumnwood); and WHEREAS, as directed by this City Council, the City Engineer has prepared and filed with the City Clerk a report for Fiscal Year 2016/2017 (the Engineer s Report ) in accordance with the Act; and WHEREAS, on July 14, 2016, the Council adopted its Resolution No , approving Engineer s Report, and setting a public hearing date of July 28, 2016, at 7:00 p.m., at the Citrus Heights Community Center located at 6300 Fountain Square Drive, Citrus Heights, California 95621; and WHEREAS, a notice of the public hearing was published in the form, time and manner required by law; and heard. WHEREAS, at the public hearing, the Council duly heard all interested persons desiring to be NOW THEREFORE BE IT RESOLVED AND ORDERED, by the City Council of the City of Citrus Heights hereby declares that: Section 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. Approval of Engineer s Report. This Council hereby approves the Engineer s Report as now on file with the City Clerk. Section 3. Improvements Ordered. This Council hereby orders the proposed improvements described in the Engineer s Report to be made. Section 4. Special Benefit Finding. This Council hereby finds and determines that the assessment included in the Engineer s Report assesses all of the subdivisions of land in the assessment district for the special benefits provided by the improvements in proportion to the special benefits to be received by such subdivision, respectively, from the improvements. Section 5. Confirmation of Assessment Diagram. This Council hereby confirms the diagram and the assessment now on file with it. Agenda Packet Page92

97 Section 6. Directive to file Diagram and Assessment. This Council hereby directs the City Clerk to file a certified copy of the diagram and the assessment as confirmed with the Sacramento County Auditor. Section 7. Entry on the Roll. The Sacramento County Auditor is hereby requested to enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown on the assessment filed by the City Clerk. Section 8. Effective Date. This resolution shall take effect from and after the date of its passage. 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 28th day of July, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page93

98 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, TO CONFIRM THE DIAGRAM AND ASSESSMENT AND TO LEVY FISCAL YEAR 2016/2017 ASSESSMENTS FOR LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT NO (STOCK RANCH ZONES 1 & 2) WHEREAS, on July 14, 2016, the City Council (the Council ) of the City of Citrus Heights (the City ) adopted its Resolution No , initiating proceedings pursuant to the Landscaping and Lighting Act of 1972, being California Streets and Highways Code Sections et seq. (the Act ), to levy and collect assessments for Fiscal Year 2016/2017 in the City of Citrus Heights Landscape Maintenance Assessment District No (Stock Ranch Zones 1 & 2); and WHEREAS, as directed by this City Council, the City Engineer has prepared and filed with the City Clerk a report for Fiscal Year 2016/2017 (the Engineer s Report ) in accordance with the Act; and WHEREAS, on July 14, 2016, the Council adopted its Resolution No , approving Engineer s Report, and setting a public hearing date of July 28, 2016 at 7:00 p.m., at the Citrus Heights Community Center located at 6300 Fountain Square Drive, Citrus Heights, California 95621; and WHEREAS, a notice of the public hearing was published in the form, time and manner required by law; and heard. WHEREAS, at the public hearing, the Council duly heard all interested persons desiring to be NOW THEREFORE BE IT RESOLVED AND ORDERED, by the City Council of the City of Citrus Heights hereby declares that: Section 1. Recitals. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. Recitals Approval of Engineer s Report. Engineer s Report as now on file with the City Clerk. This Council hereby approves the Section 3. Improvements Ordered. This Council hereby orders the proposed improvements described in the Engineer s Report to be made. Section 4. Special Benefit Finding. This Council hereby finds and determines that the assessment included in the Engineer s Report assesses all of the subdivisions of land in the assessment district for the special benefits provided by the improvements in proportion to the special benefits to be received by such subdivision, respectively, from the improvements. Section 5. Confirmation of Assessment Diagram. This Council hereby confirms the diagram and the assessment now on file with it. Section 6. Directive to file Diagram and Assessment. This Council hereby directs the City Clerk to file a certified copy of the diagram and the assessment as confirmed with the Sacramento County Auditor. Agenda Packet Page94

99 Section 7. Entry on the Roll. The Sacramento County Auditor is hereby requested to enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown on the assessment filed by the City Clerk. Section 8. Effective Date. This resolution shall take effect from and after the date of its passage. 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 28th day of July, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page95

100 Item 13 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council July 28, 2016 Fin. Atty. TO: FROM: SUBJECT: Henry Tingle, City Manager David Wheaton, General Services Director Stuart Hodgkins, Principal Civil Engineer Leslie Blomquist, Traffic & Signal Operations Supervisor Citrus Heights Lighting Assessment District Initiate Proceedings for Fiscal Year 2016/2017 Annual Update Henry Tingle, City Manager Summary and Recommendation Each year, the City is required to update the assessments for its Citrus Heights Lighting District (CHLD). The first step in the process is for the City Council to initiate proceedings for the Fiscal Year 2016/2017 update. The second step is for the Council to adopt a Resolution of Intention, setting the time and date for a public hearing on the proposed assessments and directing staff to publish the appropriate notice of the hearing. A draft Engineer's Report (copy attached) describing the levels of maintenance, outlining the proposed financial summary and including the Assessment Diagram for the District has been prepared by the City Engineer. Staff is not recommending any changes to the assessment rates in conjunction with the annual update of the Citrus Heights Lighting District. Staff recommends Council adopt a Resolution Initiating Proceedings Pursuant to the Landscaping and Lighting Act of 1972 for the Citrus Heights Lighting District, which officially authorizes the annual update and the preparation of the required Engineer's Report. Staff also recommends Council adopt a Resolution of Intention, indicating the City s intention to levy and collect assessments for Fiscal Year 2016/2017 for the Citrus Heights Lighting District. With this second resolution the City Council approves the Engineer s Report for the Citrus Heights Lighting Assessment District Annual Update for Fiscal Year 2016/2017; declares the intention to order the collection and levy of assessments; sets the time and date for the required public hearing; and directs staff to give the required notice. Fiscal Impact For Fiscal Year 2016/2017, the annual special assessment revenue and cost recovery related to insurance settlements on damaged lights are projected to cover a portion of the District s anticipated expenditures. However, as a result of the increased electrical power costs and the ongoing repairs related to aging equipment; the approved FY 16/17 budget reflects a shortfall of approximately $35,941. The Engineer s Report for the District projects an additional amount of $31,000 for Agenda Packet Page96

101 Subject: Citrus Heights Lighting District: Annual Update for Fiscal Year 2016/2017 Date: July 28, 2016 Page 2 of 3 unscheduled maintenance work (including items such as knock-downs, repair and/or replacement of aging infrastructure, etc.) which is not reflected in the city budget. A combination of Gas Tax (50%) and Measure A Maintenance (50%) revenues are proposed to balance the District budget. Background and Analysis The Sacramento County created County Service Area No. 1 (CSA 1) to provide revenue to operate and maintain street and safety lights throughout the County. In June 2005, the City Council voted to begin the process of detaching from CSA 1 in an effort to improve levels of service on lights within the City. In June 2006, the City completed the process by forming the Citrus Heights Lighting District (CHLD) and became fully responsible for operation and maintenance of all street and safety lights within the City. Pursuant to the Landscaping and Lighting Act of 1972, assessment districts of this type must be updated annually. A Resolution to Initiate Proceedings is required as the first action of the City Council in order to initiate the update of the CHLD. Subsequent approval of the assessments to be levied and collected will be for the purpose of meeting operating expenses and purchasing equipment or materials necessary to maintain street and safety lights for the district. By the Resolution of Intention, the City Council approves the Engineer s Report for the Citrus Heights Lighting District, Annual Update for Fiscal Year 2016/2017, sets the date for a public hearing on the assessments and directs staff to give the required notice. Staff recommends August 11, 2016, or soon after be set as the date for the public hearing. At that time, public comment will be received and the Council will consider and adopt a resolution adopting the assessments. Notice of this meeting will be published in accordance with State code. Staff has reviewed the anticipated expenditures and revenues and has developed a fiscal year budget for the District. An Engineer s Report has been prepared for the proposed assessments and is available for review, by the public, in the City Clerk s Office. The Engineer s Report summarizes the maintenance effort and proposes levying assessments at the same level as in Fiscal Year 2015/2016. At the time the City assumed responsibility for the Lighting District, it was understood District revenues were not adequate to cover expenditures. However, a commitment was made to not make any changes to District assessments or add to the existing system until the full cost of operations and maintenance of the District s facilities was clearly understood. While a number of new lights have been installed, they were part of major transportation projects funded by grants. Through ongoing analysis of the District, the City has substantially improved the level of service related to street light maintenance and operations and fine-tuned the scope of the annual maintenance contract. In the past several years, continued efforts by staff have resulted in significant reductions to the annual expenses. During this period a total of approximately 727 energy efficient LED lights have been installed and/or converted from existing street lights. Early on efforts to install more efficient LED lighting and lower annual maintenance rates reduced the District s total expenditures. However, repeated increases in electric utility rates, more frequent repair of aging street lighting equipment, and damages due to auto accidents have offset these cost savings resulting in a projected shortfall of approximately $66,941 for Fiscal Year 2016/2017. The increase of the number of safety lights included in the City s CIP projects has also added additional electric and maintenance costs. Staff proposes Agenda Packet Page97

102 Subject: Citrus Heights Lighting District: Annual Update for Fiscal Year 2016/2017 Date: July 28, 2016 Page 3 of 3 using Gas Tax, General Fund and Measure A Maintenance revenues to offset the estimated funding shortfall. Staff continues to evaluate additional measures to reduce District maintenance and electricity costs. Measures under consideration include continued negotiation with SMUD to reduce costs associated with lights operated and maintained by SMUD and encouraging SMUD to adopt lower monthly service rates for LED street lights (currently we are charged the same rate for LED s as for older lights). These continued negotiations with SMUD are very important in the future financial stability of the District. Additional cost saving efforts center around requiring the installation of more energy efficient lighting fixtures (i.e. LED s) for all new installations and continued replacement of existing safety lights with energy efficient fixtures. No expansion of the existing system will be considered until additional revenues can be identified to cover the initial and ongoing costs associated with an expansion. Conclusion Staff recommends Council approve the following: 1. Resolution Initiating Proceedings for the Citrus Heights Lighting District; and 2. Resolution of Intention, approving the Engineer s Report, declaring the intent to order the levy and collection of assessments, and establishing August 11, 2016, at 7:00 pm, or as soon thereafter as the matter may be heard, as the date and time of the Public Hearing on the proposed assessments. Attachments: 1) Resolutions (2) 2) Engineer s Report Agenda Packet Page98

103 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, TO INITIATE PROCEEDINGS PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE CITY OF CITRUS HEIGHTS LIGHTING DISTRICT WHEREAS, In order to continue to finance the costs of maintaining and servicing street lights and highway safety lights and related facilities in the Citrus Heights Lighting District and to equitably distribute the costs among benefited landowners, the City Council (the City Council ) of the City of Citrus Heights (the City ) has decided to undertake proceedings pursuant to the Landscaping and Lighting Act of 1972, being California Streets and Highways Code Sections et seq. (the Act ), to levy assessments for Fiscal Year 2016/2017. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights hereby declares that: Section 1. Recitals: The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. Proposal to levy assessments: The City Council proposes to levy assessments for Fiscal Year 2016/2017 for the Citrus Heights Lighting District. Section 3. Description of Improvements: The operations and maintenance to be financed by assessments levied in the City of Citrus Heights Lighting District consist of street lights, highway safety lights and associated facilities. Section 4. Appointment of Engineer: The City Council hereby appoints the City Engineer as engineer (the Engineer ) for all purposes of proceedings undertaken by the City with respect to the assessment district. The City Council hereby directs the Engineer to prepare and file with the City Clerk, a report for Fiscal Year 2016/2017 in accordance with Article 4 of Chapter 1 of the Act and Article XIII D, Section 4, of the California Constitution. Section 5. Effective Date. This resolution shall become effective on and after the date of its passage. 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 28th day of July, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page99

104 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, FOR THE INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 2016/2017 FOR THE CITRUS HEIGHTS LIGHTING DISTRICT WHEREAS, on July 28, 2016, the City Council (the Council ) of the City of Citrus Heights (the City ) adopted RESOLUTION NO initiating proceedings pursuant to the Landscaping and Lighting Act of 1972, being California Streets and Highways Code sections et seq. (the Act ), to levy and collect assessments for fiscal year 2016/2017 for the City of Citrus Heights Lighting District; and WHEREAS, the City Engineer has prepared and filed with the City Clerk a report for fiscal year 2016/2017 (the Engineer s Report ) in accordance with the Act; and WHEREAS, the establishment or approval of the assessments proposed by this resolution will be for the purpose of meeting operating expenses and purchasing supplies, equipment, or materials necessary to maintain service within existing service areas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Citrus Heights as follows: Section 1. Recitals. The foregoing recitals are true and correct and this Council so finds and determines. Section 2. Approval of Engineer s Report. This Council hereby approves the Engineer s Report as filed. Section 3. Declaration of Intention. This Council hereby declares its intention to order the levy and collection of assessments for the City of Citrus Heights Lighting District. Section 4. Description of Improvements. The Citrus Heights Lighting District's activities shall consist of the operation and maintenance of all lighting improvements and facilities within the City which are currently maintained and serviced through the Citrus Heights Lighting District, including highway safety lights and street lights. Highway safety lights are those lights located at intersections, on major streets and along the rear of properties that abut major streets. Street lights are all lights not designated as highway safety lights, and primarily consist of local street lighting. Section 5. Location of District. The Citrus Heights Lighting District is described in the Engineer s Report and is the entire area within the Citrus Heights city limits. Section 6. Reference to Engineer s Report for Particulars. A full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the district is set forth in the Engineer s Report. The Engineer s Report is on file in the City Clerk s office, 7927 Auburn Boulevard, Citrus Heights, CA 95610, and is available for review by any interested member of the public during normal business hours. Section 7. Notice of Public Hearing. On Thursday, August 11, 2016 at 7:00 p.m., or as soon thereafter as the matter may be heard, at the Citrus Heights Community Center, 6300 Fountain Square Agenda Packet Page100

105 Drive, Citrus Heights, California, the City Council shall hold a public hearing on the levy of the proposed assessments. Section 8. Publication of Resolution. The City Clerk is directed to give notice of the public hearing by publication of this Resolution of Intention once in a newspaper of general circulation not less than 10 days before the date of the public hearing. Section 9. Amount of Assessment. The City does not propose to increase the assessments above last year s amounts for the Citrus Heights Lighting District. Section 10. Effective Date. This resolution shall take effect from and after the date of its passage. PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 28th day of July, 2016 by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Amy Van, City Clerk Agenda Packet Page101

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119 Item 14 CITY OF CITRUS HEIGHTS Memorandum Approved and Forwarded to City Council Fin. Atty. July 28, 2016 TO: FROM: Henry Tingle, City Manager David Wheaton, General Services Director Chris Fallbeck, Principal Civil Engineer Henry Tingle, City Manager SUBJECT: Agreement with MCE Corporation for Vegetation Management Services Summary and Recommendation Maintenance of the City s open spaces has been performed by the Sacramento Regional Conservation Corps (SRCC). In addition to the SRCC, the City has utilized contractors with heavy equipment to meet maintenance needs above and beyond the capabilities of SRCC. Utilizing multiple contractors for these services resulted in a loss of efficiency and a desired overall result that was not meeting the City s needs. General Services Department staff evaluated the City s maintenance need in open spaces, roadside ditches and right of way and the desired result and developed a specification for these services. In May, staff issued a Request For Qualifications (RFQ) for contractors that could provide the needed maintenance services, and three proposals were received. After evaluating the proposals, conducting interviews, and making reference checks, staff finds MCE Corporation to be best qualified to perform these services. Staff recommends the City Council approve the attached resolution, authorizing the City Manager to execute a five-year agreement with an option for three (3) additional years with MCE Corporation to perform Vegetation Management Services. Fiscal Impact The City s expenditure for these types of maintenance services has been between $450,000 and $500,000 annually. Yearly expenditures for this new contract will be $416,000 to $452,000, which includes a fixed cost to clean certain areas and open spaces annually plus clearing roadside ditches, litter removal, support at community events, and supplying personnel for emergency storm response. Storm water utility funds and gas tax has been allocated to cover expenditures in this contract. Background and Analysis In the past, the City has maintained open space, roadside ditches, and other areas utilizing a combination of three separate contracts. This contract will consolidate those services into one contract and provide a more efficient means to meet the City s needs. On an annual basis, this contract will clear, clean and/or maintain 84 miles within the City limits, and there is a budget to clear weeds and Agenda Packet Page115

120 Subject: Agreement with MCE Corporation for Vegetation Management Services Date: July 28, 2016 Page: 2 of 2 debris from 45 miles of roadside ditches throughout the City. Additionally, funds have been set aside for litter removal, support at community events such as Halloween Spooktacular and the Red White & Blue Parade, as well as staffing for emergency storm water response if it is needed. To kick off this contract, Staff has identified several specific measures of success for the first 100 days of the contract including: A. Clearing 100% of all weeds from the roadside of the following streets: Old Auburn Road, Antelope Road, Auburn Blvd, Sunrise Blvd, San Juan Ave, Sylvan Road, Greenback Lane and Van Maren Lane. B. Clear areas along or near Rollingwood Blvd and Mariposa Ave. C. Clear areas from Greenback Lane to Antelope Road. D. Clear approximately 19 acres of open space near Matheny Way, Van Maren Lane and Bridgemont Way and adjacent to Navion Drive. Conclusion Staff recommends Council adopt the attached resolution awarding the five-year Vegetation Management Services contract to MCE Corporation in the amount of $2,146, The contract will have the option for three (3) one-year extensions. Attachments: (1) Resolution (2) Agreement Agenda Packet Page116

121 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MCE CORPORATION FOR VEGETATION MANAGEMENT FOR THE TIME PERIOD OF AUGUST 1, 2016 THROUGH JUNE 30, 2021 WHEREAS, the City Council of the City of Citrus Heights, California, wishes to enter into an agreement with MCE Corporation (MCE) for vegetation management open spaces and other areas; and WHEREAS, the agreement will allow the City to determine and assign priority projects to MCE; and WHEREAS, the agreement will allow clearing and maintenance of 84 miles open space and other areas and 45 miles of roadside ditches on an annual basis; and WHEREAS, additional funds are included in the contract for litter removal, emergency storm response and support at community events; and WHEREAS, MCE Corporation possesses the expertise, equipment and personnel to provide said services to the City; and WHEREAS, sufficient Stormwater Utility funds have been budgeted for the duration of the contract. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Citrus Heights that the Agreement with MCE Corporation for the provision of vegetation management of open spaces and other areas identified by the City is hereby approved subject to minor changes which may be made by the City Attorney or City Manager and approval as to form by the City Attorney, and the City Manager is authorized to execute the Agreement. 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 28 th day of July, 2016, by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Jeannie Bruins, Mayor Agenda Packet Page117

122 Amy Van, City Clerk Agenda Packet Page118

123 Item 15 CITY OF CITRUS HEIGHTS Approved and Forwarded to City Council Fin. Memorandum Atty. Henry Tingle, City Manager July 28, 2016 TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Stefani Daniell, Finance Director Technical Amendment to Business License Ordinance Relating to Vending Summary and Recommendation As a separate item during this meeting, the Council will consider proposed amendments to the Zoning Code relating to temporary uses. The City s business license ordinance contains a crossreference to a provision of the Zoning Code that would be changed. Therefore, staff recommends amending the business license ordinance to correct that cross-reference. Staff recommends that the City Council introduce, read by title only, and waive the first full reading of Ordinance No , and ordinance amending Article II of Chapter 22 of the Citrus Heights Code relating to business licenses and vending. Fiscal Impact Staff does not anticipate any fiscal impact associated with the proposed amendment to the City s business license ordinance. Background As a separate item on this meeting s agenda, the City Council will consider proposed amendments to the Zoning Code relating to temporary uses. The proposed Zoning Code amendments would classify all short-term activities as a temporary use and eliminate Zoning Code Section , an independent section concerning itinerant vendors. The City s business license ordinance requires persons engaging in itinerant vending to obtain general business licenses to operate in the City. In doing so, the business license ordinance Agenda Packet Page119

124 Subject: Technical Amendment to Business License Ordinance Relating to Vending Date: July 28, 2016 Page 2 of 2 contains a reference to Zoning Code Section , the independent section concerning itinerant vending which would be eliminated under the proposed Zoning Code amendments. Staff recommends that the Council amend the City s business license ordinance so that its crossreference to the Zoning Code is up to date. The proposed amendment would continue to make clear that vendors must obtain a general business license to operate in the City. Conclusion Staff recommends that the City Council introduce, read by title only, and waive the first full reading of Ordinance No , and ordinance amending Article II of Chapter 22 of the Citrus Heights Code relating to business licenses and vending. A. Ordinance amending Article II of Chapter 22 of the Citrus Heights Code relating to business licenses and vending. Agenda Packet Page120

125 ORDINANCE NO. 16- AN ORDINANCE OF THE CITY OF CITRUS HEIGHTS AMENDING ARTICLE II OF CHAPTER 22 OF THE CITRUS HEIGHTS CODE RELATING TO BUSINESS LICENSES AND VENDING The City Council of the City of Citrus Heights does ordain as follows: SECTION 1. Amendment. Section (License Required) of the Citrus Heights Code is hereby amended to read as follows: Sec License Required. (a) Unless specifically exempt by this chapter, no person shall operate or conduct a business within the city, unless under and by the authority of a valid, unexpired and unrevoked general business license issued pursuant to this chapter. (b) A person shall be deemed to operate or conduct an enterprise and violate this section if the person, without a required general business license in effect, supervises, inspects, directs, organizes, manages or controls or is in any way responsible for or in charge of the enterprise for which the license is required. (c) Without limiting the generality of the foregoing, this section shall apply to persons who engage in vending, as defined in section of the Zoning Code. 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 or posted in accordance with California Government Code section PASSED AND ADOPTED by the City Council of the City of Citrus Heights this day of, 2016 by the following vote: 1 Agenda Packet Page121

126 AYES: NOES: ABSENT: ABSTAIN: Jeannie Bruins, Mayor ATTEST: Amy Van, City Clerk CODIFY UNCODIFY 2 Agenda Packet Page122

127 Item 16 Approved and Forwarded to City Council CITY OF CITRUS HEIGHTS Memorandum Fin. Atty. July 28, 2016 Henry Tingle, City Manager TO: FROM: SUBJECT: Mayor and City Council Members Henry Tingle, City Manager Amy Van, City Clerk Designation of Voting Delegate and Alternate(s) for the League of California Cities Annual Conference Summary and Recommendation The League of California Cities Annual Conference is scheduled for October 5 7, 2016, in Long Beach. The Annual Business Meeting is scheduled for 12:00 p.m., Friday, October 7. At this meeting the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and may appoint up to two alternate voting delegates. Consistent with League bylaws, the City s voting delegate and alternate(s) must be designated by action of the City Council. The voting delegate and alternate(s) must be registered to attend the conference. Staff recommends that the City Council make a motion to designate a voting delegate and alternate(s) to participate at the Annual Business Meeting on October 7, 2016, during the League of California Cities Annual Conference. Attachments: (1) League of California Cities Memo dated June 10, 2016 (2) 2016 Annual Conference Voting Procedures Printed on Recycled Paper Agenda Packet Page123