Agenda packet, regular meeting, first session — Citrus Heights City Council Meetings, May 9, 2024

AGENDA
May 9, 2024

CITY OF CITRUS HEIGHTS CITY COUNCIL
6:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

The City of Citrus Heights welcomes your interest and involvement in the City ’s legislative process. The Council may take up any agenda item at any time, regardless of the order listed. If you wish to address the Council during the meeting, please fill out a Speaker Identification Sheet and give it to the City Clerk. When you are called upon to speak, step forward to the podium and state your name for the record. Normally speakers are limited to five minutes each with 30 minutes being allowed for 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 shorted the allotted times. Alternatively, you may submit your comment by 4:00 p.m. on the meeting day by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City - Council - Meetings - Speaker - Card - 30.

Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

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 during normal business hours at City Hall, located at 6360 Fountain Square Drive. Audio / Visual presentation material must be provided to the City Clerk's Office at least 48 hours prior to the meeting. Email subscriptions of the agenda are available online by signing up with the City's Notify Me service.

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

California Relay Service 7 - 1- 1.

May 9, 2024 City Council Agenda Packet
05-09-24 REGULAR COUNCIL AGENDA PACKET.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Lopez - Taff, Middleton, Schaefer, Karpinski - Costa, Daniels

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Of The City Of Citrus Heights Proclaiming May 2024 As “Building Safety Month”

5. Proclamation Of The City Of Citrus Heights Proclaiming May 12 -18, 2024 As “National Police Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming May 19 -25, 2024 As “National Public Works Week ”

7. Presentation By The Source Sacramento

PUBLIC COMMENT
Members of the public are entitled to address the City Council concerning any item within the City Council ’s subject matter jurisdiction. Pursuant to the Brown Act, the City Council is prohibited from discussing or acting on any item raised during “Public Comment ” not appearing on the posted agenda.

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

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

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of April 25, 2024

REGULAR CALENDAR

9. SUBJECT: Auburn Boulevard Complete Streets Project – Phase 2 STAFF REPORT: R. Cave / L. Blomquist
RECOMMENDATION: Staff recommends the following:
a. Adopt Resolution No. 2024 - ___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an Agreement with George Reed, Inc. for the Auburn Boulevard Complete Streets – Phase 2 Rebid Project
b. Adopt Resolution No. 2024 - ___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute a Professional Services Agreement with Psomas to Provide Construction Management, Inspection, and Materials Testing Services for the Auburn Boulevard Complete Streets – Phase 2 Project
c. Adopt Resolution No. 2024 - ___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 3 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for Construction Support for the Auburn Boulevard Complete Streets –
Phase 2 Project
d. Adopt Resolution No. 2024 - ___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an SD - 14 System Enhancement Agreement with the Sacramento Municipal Utility District (SMUD) for the Auburn Boulevard Complete Streets – Phase 2 Project

10. SUBJECT: Planning Commission Discussion
STAFF REPORT: A. Van / C. Kempenaar
RECOMMENDATION: Staff will present the City Council with discussion items related to the Planning Commission and recommend the City Council provide feedback and direction on the following options:
a. Direct Staff to proceed with the necessary Municipal Code updates to dissolve the Planning Commission;
b. Mayor Daniels nominate one regular member to fill the unexpired term on the Planning Commission, subject to ratification by the City Council; c. Appoint an individual, by majority vote, to fill the at - large unexpired term on the Planning Commission; or
d. Do nothing – The Planning Commission would be a five - member Commission until January 2025.

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
PLEASE NOTE: Beginning July 1, 2024 City Council meetings will be held on the 2 and 4 Wednesday of the month at 6 p.m.

Documents:
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AGENDA
May 9, 2024

CITY OF CITRUS HEIGHTS CITY COUNCIL
6:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

California Relay Service 7 - 1- 1.

May 9, 2024 City Council Agenda Packet
05-09-24 REGULAR COUNCIL AGENDA PACKET.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Lopez - Taff, Middleton, Schaefer, Karpinski - Costa, Daniels

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Of The City Of Citrus Heights Proclaiming May 2024 As “Building Safety Month”

5. Proclamation Of The City Of Citrus Heights Proclaiming May 12 -18, 2024 As “National Police Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming May 19 -25, 2024 As “National Public Works Week ”

7. Presentation By The Source Sacramento

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

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

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of April 25, 2024

REGULAR CALENDAR

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
PLEASE NOTE: Beginning July 1, 2024 City Council meetings will be held on the 2 and 4 Wednesday of the month at 6 p.m.

Documents:
nd th
AGENDA
May 9, 2024

CITY OF CITRUS HEIGHTS CITY COUNCIL
6:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

California Relay Service 7 - 1- 1.

May 9, 2024 City Council Agenda Packet
05-09-24 REGULAR COUNCIL AGENDA PACKET.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Lopez - Taff, Middleton, Schaefer, Karpinski - Costa, Daniels

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Of The City Of Citrus Heights Proclaiming May 2024 As “Building Safety Month”

5. Proclamation Of The City Of Citrus Heights Proclaiming May 12 -18, 2024 As “National Police Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming May 19 -25, 2024 As “National Public Works Week ”

7. Presentation By The Source Sacramento

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

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

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of April 25, 2024

REGULAR CALENDAR

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
PLEASE NOTE: Beginning July 1, 2024 City Council meetings will be held on the 2 and 4 Wednesday of the month at 6 p.m.

Documents:
nd th
AGENDA
May 9, 2024

CITY OF CITRUS HEIGHTS CITY COUNCIL
6:00 PM REGULAR MEETING
City Hall Council Chambers
6360 Fountain Square Drive, Citrus Heights, CA
HOW TO PARTICIPATE:

Written public comments shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

California Relay Service 7 - 1- 1.

May 9, 2024 City Council Agenda Packet
05-09-24 REGULAR COUNCIL AGENDA PACKET.PDF

CALL REGULAR MEETING TO ORDER

1. Flag Salute

2. Roll Call: Council Members: Lopez - Taff, Middleton, Schaefer, Karpinski - Costa, Daniels

3. Video Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Proclamation Of The City Of Citrus Heights Proclaiming May 2024 As “Building Safety Month”

5. Proclamation Of The City Of Citrus Heights Proclaiming May 12 -18, 2024 As “National Police Week ”

6. Proclamation Of The City Of Citrus Heights Proclaiming May 19 -25, 2024 As “National Public Works Week ”

7. Presentation By The Source Sacramento

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

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

8. SUBJECT: Approval Of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of April 25, 2024

REGULAR CALENDAR

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
PLEASE NOTE: Beginning July 1, 2024 City Council meetings will be held on the 2 and 4 Wednesday of the month at 6 p.m.

Documents:
nd th
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City Council meetings take place in
the City Hall Council Chambers.

Bret Daniels, Mayor
Dr. Jayna Karpinski-Costa, Vice Mayor
MariJane Lopez-Taff, Council Member
Porsche Middleton, Council Member
Tim Schaefer, Council Member

CITY OF CITRUS HEIGHTS

CITY COUNCIL
Regular Meeting of Thursday, May 9, 2024
City Hall Council Chambers, 6360 Fountain Square Dr., Citrus Heights, CA Regular Meeting 6:00 p.m.

PLEASE NOTE: Beginning July 1, 2024 City Council meetings will be held on the 2nd and 4th Wednesday of the month at 6 p.m.

HOW TO PARTICIPATE:

The C
ity of Citrus Heights welcomes your interest and involvement in the City’s legislative process. The Council may take up any agenda item at any time, regardless of the order listed. If you wish to address the Council during the meeting, please fill out a Speaker Identification Sheet and give it to the City Clerk. When you are called upon to speak, step forward to the podium and state your name for the record. Normally, speakers are limited to five minutes each with 30 minutes being allowed for 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. Alternatively, you may submit your comment by 4:00 p.m. on the meeting day by completion of an online Speaker Card at https://www.citrusheights.net/FormCenter/City-Council-Meetings-Speaker-Card-30 . Written public comments
shall be limited to 250 words or less. Each comment will be read aloud by the City Clerk.

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 during normal business hours at City Hall, located at 6360 Fountain Square Drive. Audio/Visual presentation material must be provided to the City Clerk’s Office at least 48 hours prior to the meeting. Email subscriptions of the agenda are available online by signing up with the City’s Notify
Me service.

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

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

May 3, 2024
_______________________
A
my Van, City Clerk
Watch the livestream and replay past
meetings on the City website.

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

Agenda Packet Page 1
Citrus Heights City Council Thursday, May 9, 2024

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REGULAR CITY COUNCIL MEETING
6:00 PM

CALL REGULAR MEETING TO ORDER

1. Fl
ag Salute

2. Roll Ca
ll: Council Members: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels

3. Vi
deo Statement

APPROVAL OF AGENDA

PRESENTATIONS

4. Pr
oclamation of the City of Citrus Heights Proclaiming May 2024 as “Building Safety Month”

5. Pr
oclamation of the City of Citrus Heights Proclaiming May 12-18, 2024 as “National Police Week”

6. Pr
oclamation of the City of Citrus Heights Proclaiming May 19-25, 2024 as “National Public Works Week”

7. Pr
esentation by The Source Sacramento

PUBLIC COMMENT
Members of the public are entitled to address the City Council concerning any item within the City Council’s subject matter jurisdiction. Pursuant to the Brown Act, the City Council is prohibited from discussing or acting on any item raised during “Public Comment” not appearing on the posted agenda.

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

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

8. SUBJECT: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of April 25, 2024

REGULAR CALENDAR

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b. Adop
t Resolution No. 2024-___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute a Professional Services Agreement with Psomas to Provide Construction Management, Inspection, and Materials Testing Services for the Auburn Boulevard Complete Streets – Phase 2 Project c. Adop
t Resolution No. 2024-___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 3 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for Construction Support for the Auburn Boulevard Complete Streets – Phase 2 Project
d. Adop
t Resolution No. 2024-___ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an SD-14 System Enhancement Agreement with the Sacramento Municipal Utility District (SMUD) for the Auburn Boulevard Complete Streets – Phase 2 Project

10. SUBJECT: Planning Commission Discussion
STAFF REPORT: A. Van / C. Kempenaar
RECOMMENDATION: Staff will present the City Council with discussion items related to the Planning Commission and recommend the City Council provide feedback and direction on the following options:
a. Di
rect Staff to proceed with the necessary Municipal Code updates to dissolve the Planning Commission;
b. May
or Daniels nominate one regular member to fill the unexpired term on the Planning Commission, subject to ratification by the City Council; c. Appoi
nt an individual, by majority vote, to fill the at-large unexpired term on the Planning Commission; or
d. Do not
hing – The Planning Commission would be a five-member Commission until January 2025.

DEPARTMENT REPORTS

CITY MANAGER ITEMS

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

ADJOURNMENT
Agenda Packet Page 3
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CITY OF CITRUS HEIGHTS

CITY COUNCIL

MINUTES
Regular Meeting of Thursday, April 25, 2024
City Hall Council Chambers
6360 Fountain Square Dr., Citrus Heights, CA

CALL REGULAR MEETING TO ORDER
The reg
ular meeting was called to order at 6:01 p.m. by Mayor Daniels.

1. Flag S
alute was led by Mayor Daniels.

2. Roll Call: C
ouncil Members present: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels Council Members absent: None
Staff Members present: Cave, Feeney, Huber, Pucci, Turcotte, Van and department directors.

3. The vi
deo statement was read by City Clerk Van.

APPROVAL OF AGENDA
ACTION: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council approved the agenda.

AYES: Lop
ez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: None

PRESENTATIONS

4. Proc
lamation of the City of Citrus Heights Proclaiming April 21-27, 2024, as “National Volunteer Week”
Mayor
Daniels read the proclamation and presented it to Citrus Heights volunteers. Michael Lagomarsino thanked the Citrus Heights volunteers.

5. Pres
entation by Gary Goodman with the Sacramento-Yolo Mosquito and Vector Control District Luz Mar
ia Robles, with the Sacramento-Yolo Mosquito & Vector Control District, gave an update on the 2024 mosquito season, West Nile Virus activity, and invasive mosquitos in Citrus Heights. She gave a reminder of the services the District provides.

PUBLIC COMMENT
Mark
Rossel with Madison Imaging Center invited the City Council to attend the grand opening ribbon cutting ceremony of their new medical imaging center on June 1 at 11:00 a.m.

Cit
y Clerk Van read the following written public comment submitted by Rick Hodgkins, “As I came to the website to check out tonight's agenda for tonight's meeting, I happen to come across a news release from a ITEM 8
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Citrus Heights City Council Thursday, April 25, 2024

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month ago, that which said our Congressman, and my favorite Congressman, Dr. Ami Bera has just managed to recently secure for our fair city $2.65 Million to implement the first of many phases of the Saianaura housing project, as well as for intelligent transportation improvements, to include 1.3 miles of insulated fiberoptic cable. I sure hope that this will eventually be implemented city wide, as that this is important for things like pedestrian accesibility and safety for people with disabilities, including people that who are blind”.

COMMENTS BY COUNCIL MEMBERS AND REGIONAL BOARD UPDATES

Council Member Middleton attended the Capitol-to-Capitol program. She attended the City Leader Summit with the League of California Cities. She attended the United Way Gala. She provided an update from the California Housing Partnership Corporation board meeting.

Council Member Lopez-Taff attended the Capitol-to-Capitol program. She attended the City Leader Summit with the League of California Cities. She met with Assemblyman Hoover to discuss education and landlord/tenant laws. She provided an update from the Sacramento Public Library board meeting.

Council Member Schaefer attended the Capitol-to-Capitol program. He provided an update from the Sacramento Area Council of Governments board meeting.

Vice Mayor Karpinski-Costa substituted for Mondays with the Mayor. She attended the Sacramento-Yolo Mosquito & Vector Control District meeting. She met with Sacramento County Supervisor Sue Frost. She met with Citrus Heights Chamber of Commerce Executive Director Sheri Merrick. She attended a veterans volunteer appreciation event at the Citrus Heights Veterans Community Center. She attended her Neighborhood Area 10 meeting.

Mayor Daniels attended his Neighborhood Area 3 meeting. He provided an update from the Sacramento Metropolitan Air Quality Management District board meeting. He attended the Capitol-to-Capitol program.

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.

6. SUBJECT
: Approval of Minutes
RECOMMENDATION: Approve the Minutes of the Meeting of April 11, 2024

7. Pulled for discussion.

8. SUBJECT
: Amendment to City Purchasing Policy – City Manager Signing Authority STAFF REPORT: R. Cave / S. Talwar / A. Preciado
RECOMMENDATION: Adopt Resolution No. 2024-027 A Resolution of the City Council of the City of Citrus Heights, California, Approving the City Manager’s Increased Signing Authority

ACTION
: On a motion by Council Member Schaefer, seconded by Council Member Middleton, the City Council adopted Consent Calendar Items 6 and 8.

AYES: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels NOES: None
ITEM 8
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Citrus Heights City Council Thursday, April 25, 2024

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ABSENT: None

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION

7. SUBJECT: Second Reading – Ordinance Amending Citrus Heights Municipal Code Section 2-32 Regarding City Council Compensation
STAFF REPORT: A. Van
RECOMMENDATION: Adopt Ordinance No. 2024-002 An Ordinance Amending Citrus Heights Municipal Code Section 2-32 Regarding City Council Compensation

Vice Mayor Karpinski-Costa pulled Item 7 for a separate vote.

ACTION: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council adopted Consent Calendar Item 7.

AYES: Lopez-Taff, Middleton, Schaefer, Daniels
NOES: Karpinski-Costa
ABSENT: None

REGULAR CALENDAR

9. SUBJECT: Neighborhood Improvement Partnership Fund Applications STAFF REPORT: M. Huber / C. Riddle
RECOMMENDATION: Staff recommends the following:

a. Adopt Resolution No. 2024-028 A Resolution of the City Council of the City of Citrus Heights, California, Approving Neighborhood Improvement Partnership Funding for CHANT (Area 3)

b. Adopt Resolution No. 2024-029 A Resolution of the City Council of the City of Citrus Heights, California, Approving Neighborhood Improvement Partnership Funding for John Kane (Arcade Creek, Area 4)

c. Adopt Resolution No. 2024-030 A Resolution of the City Council of the City of Citrus Heights, California, Approving Neighborhood Improvement Partnership Funding for Sunrise Ranch (Area 6)

Economic Development and Community Engagement Director Huber gave an overview of the program and the application review process. She noted that two of the requests relate to attendance at the Neighborhood USA Conference (NUSA) that were received prior to the April 11, 2024 City Council meeting where Council directed Staff to come back with a policy relating to funding for NUSA. She stated requests that received a score of 29 or above out of 35 were recommended to the Quality of Life committee for review. One committee member supported approving both NUSA requests and one committee member recommended denial of both. Both committee members recommended approval of the Sunrise Ranch (Area 6) sign topper application. She stated Staff recommends, given the rubric scoring, the Council approve all three applications as shown below:

ITEM 8
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Citrus Heights City Council Thursday, April 25, 2024

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Applicant Requested
Award
Project Rubric Score
CHANT (Area 3) $1,800 NUSA Attendance 29/34
John Kane (Area 4) $1,800 NUSA Attendance 29/34
Sunrise Ranch (Area 6) $2,908.01 Sign Toppers 29/34

Total Requested $6,508.01

Public Comment

John Kane, Neighborhood Improvement Partnership funding applicant, spoke on trying to get Neighborhood Area 4 started back up and the opportunity to attend the Neighborhood USA Conference as a way to be more effective in his community.

City Clerk Van read the following written public comment submitted by Rick Hodgkins, “After reading the item number and analysis on the agenda, it is just my understanding, if I'm not mistaken that one of the areas chosen for improvement, is area 6, Sunrise Ranch. After doing some additional research, I found out, that this is my neighborhood. I will tell you, that on the East side of Sunrise Boulevard, about half of a mile North of Anteloupe, that the sidewalk ends, that which is dangerous and unsafe. I cannot help but that wonder if property owners flat-out refuse to have a sidewalk in front of their properties. If so, that the city can do it and put leans on their properties, should they choose to sell and uproot at some point in the near future.”

City Council questions and comments followed.

Economic Development and Community Engagement Director Huber responded to questions.

ACTION
: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council adopted Resolution No. 2024-028 A Resolution of the City Council of the City of Citrus Heights, California, Approving Neighborhood Improvement Partnership Funding for CHANT (Area 3).

AYES: Lopez-Taff, Middleton, Schaefer, Daniels
NOES: Karpinski-Costa
ABSENT: None

ACTION
: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council adopted Resolution No. 2024-029 A Resolution of the City Council of the City of Citrus Heights, California, Approving Neighborhood Improvement Partnership Funding for John Kane (Arcade Creek, Area 4).

AYES: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels NOES: None
ABSENT: None

ITEM 8
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Citrus Heights City Council Thursday, April 25, 2024

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ACTION: On a motion by Council Member Schaefer, seconded by Council Member Lopez-Taff, the City Council adopted Resolution No. 2024-030 A Resolution of the City Council of the City of Citrus Heights, California, Approving Neighborhood Improvement Partnership Funding for Sunrise Ranch (Area 6).

AYES: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels NOES: None
ABSENT: None

10. SUBJECT
: Resolution Approving Community Projects Grant Awards
STAFF REPORT: M. Huber / C. Riddle
RECOMMENDATION: Staff recommends the following:

a. Adopt Resolution No. 2024-031 A Resolution of the City Council of Citrus Heights, California, to Award Community Projects Grant Funds for FY 2023/2024

b. Adopt Resolution No. 2024-032 A Resolution of the City Council of Citrus Heights, California, to Award Community Support Funds for FY 2023/2024

c. Adopt Resolution No. 2024-033 A Resolution of the City Council of Citrus Heights, California, to Award History and Arts Funds for FY 2023/2024

Economic Development and Community Engagement Director Huber provided an overview of the program and application review process. She noted the program was first launched to the public in March of last year and five applications were approved in round one totaling $27,000. The grant program was replenished to $50,000 for round two which opened at the end of February and closed at the end of March this year and received 12 applications. Applicants with scores above 23 out of 36 were recommended to the Quality of Life Committee for review and as a result, the committee recommended awarding $67,000 to ten community groups. She explained some of the applications matched multiple grant programs the City offers, including the Community Support Fund and the History and Arts Grant. She gave an overview of the funding recommendations for Council approval as shown below:

Organization
(Applicant)
Project Description Funding
Recommendation

Request ($) Score
(*36 pts)
Community Projects Grant Funding Recommendation
The Healing
Palette

Mural Project: Fair Oaks Blvd and
Wachtel Way, measuring 41FT X
2 FT
$1,000 $3,000 27
CH HART Underground Clothing Connection
Grand Opening at Sunrise Mall
$5,000 $5,000 29
Empact Autism Festival $5,000 $5,000 25
Junior
Achievement of
Sacramento
Youth Empowerment Event $8,200 $8,200 33
Kiwanis School Gardens: Mesa Verde HS,
Sylvan Middle, Woodside TK-8
$3,000 $3,000 30
ITEM 8
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Citrus Heights City Council Thursday, April 25, 2024

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Campfire Ways

Property Improvements and
Clean-up of 6548 Campfire Way
$0 $150,000 7
Purple Pageant

Young Teen Society: Workshops,
Seminars, and Hands-on
activities for youth 8-18
$8,000 $10,000 27
Int'l Association
of Human Values
Project Welcome Home Troops -
SKY Resilience Training
$9,800 $9,800 29
Maternal
Wellness
Wellness Outcomes Project:

Early stages of motherhood with
doula support, breastfeeding
support/educational classes, and
the newborn to toddler stage
$0 $25,000 21
The Foundation,
Inc.

The Glass
Slipper
Ella Connection:

Self Development and mentoring
of girls in grades 5-8 at Mariposa
Elementary and Sylvan Middle
Schools
$10,000 $15,000 33
History and Arts Grant Funding Recommendation
The Healing
Palette
Mural Project: Fair Oaks Blvd and
Wachtel Way, measuring 41FT X
2 FT
$2,000 $3,000 27
Community Support Fund Recommendation
Sunrise Christian
Food Ministry
Food Pantry on Wheels:

Purchase a trailer to bring food
and resources to communities
and neighborhoods without
access to transportation
$10,000 $10,000 27
Veterans Golf
Park for Disabled
Vets DBA
Veterans
Community
Center)
Building for Onsite Thrift Store $5,000 $5,000 28

City Council questions and comments followed.

Economic Development and Community Engagement Director Huber responded to questions.

Public Comment

April Jacek, Director of Sunrise Christian Food Ministry, spoke on their grant request to purchase a trailer to deliver food to neighborhoods in the city.

Jenny Smith, on behalf of President of Junior Achievement of Sacramento Susan Nelson, spoke on their organization’s economic empowerment programs and experiential learning lessons for youth and they are looking forward to the potential of growing their relationship with even more kids in Citrus Heights.

ITEM 8
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Citrus Heights City Council Thursday, April 25, 2024

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ACTION: On a motion by Council Member Middleton, seconded by Vice Mayor Karpinski-Costa, the City Council adopted Resolution No. 2024-032 A Resolution of the City Council of Citrus Heights, California, to Award Community Support Funds for FY 2023/2024.

AYES: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels NOES: None
ABSENT: None

ACTION
: On a motion by Council Member Middleton, seconded by Council Member Lopez-Taff, the City Council adopted Resolution No. 2024-033 A Resolution of the City Council of Citrus Heights, California, to Award History and Arts Funds for FY 2023/2024.

AYES: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels NOES: None
ABSENT: None

Council Member Lopez-Taff recused herself and left the room due to a conflict of interest as she has an employment relationship with a proposed grantee.

ACTION
: On a motion by Vice Mayor Karpinski-Costa, seconded by Council Member Middleton, the City Council adopted Resolution No. 2024-031 A Resolution of the City Council of Citrus Heights, California, to Award Community Projects Grant Funds for FY 2023/2024.

AYES: Middleton, Schaefer, Karpinski-Costa, Daniels
NOES: None
ABSENT: Lopez-Taff (recused)

Public Comment

Christina Devi, with the International Association of Human Values and the Project Welcome Hope Troops, thanked the Council for approving their funding request. She spoke on the program developed for veterans, their families, and communities which is a three-day workshop to help them with stress, post-traumatic stress disorder, anxiety, and building a community able to communicate with each other.

11. SUBJECT
: Change in the Regular City Council Meeting and Regular Planning Commission Meeting Schedule
STAFF REPORT: A. Van
RECOMMENDATION: Adopt Resolution No. 2024-034 A Resolution of the City Council of the City of Citrus Heights, California, Changing the Day of the Week for Regular Meetings of the City Council and Regular Meetings of the Planning Commission

City Clerk Van gave an overview of the current City Council meeting day schedule on Thursdays and Staff’s evaluation of the possibility of moving the meetings days. She noted that if the meeting day moved to the 2nd and 4th Wednesdays, Sacramento Metropolitan Cable Television Commission confirmed they would be able to broadcast the Council meetings live and the City would continue to live stream them on the City’s YouTube channel. Staff is also proposing the Planning Commission meetings move to the 2nd and 4
th Tuesdays. Staff is proposing to make the change effective after July 1, 2024 and would engage in a robust communications effort to notify the public through various communications channels.

ITEM 8
Agenda Packet Page 10
Citrus Heights City Council Thursday, April 25, 2024

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City Council questions and comments followed.

City Clerk Van responded to questions.

ACTION
: On a motion by Council Member Schaefer, seconded by Vice Mayor Karpinski-Costa, the City Council adopted Resolution No. 2024-034 A Resolution of the City Council of the City of Citrus Heights, California, Changing the Day of the Week for Regular Meetings of the City Council and Regular Meetings of the Planning Commission.

AYES: Lopez-Taff, Middleton, Schaefer, Karpinski-Costa, Daniels NOES: None
ABSENT: None

DEPARTMENT REPORTS

12. SUBJECT: Police Department Annual Report
DEPARTMENT: Police Department

Police Chief Turcotte provided an annual report concerning crime and collisions within the city. He highlighted the 2023 Department Goals and Accomplishments which included increasing overall community engagement, establishment of a new IMPACT model, and leveraging and upgrading technology to increase overall effectiveness. He stated that from 2022 to 2023 the Police Department experienced an increase in crimes against persons of 13.9%, a decrease in crimes against property of 1.1%, and an increase in crimes against society of 17.5%. He provided traffic statistics from 2023 which included 6,260 traffic citations issued. He also provided statistics on cases handled by the code enforcement, rental housing inspection, and animal services divisions.

City Council questions and comments followed.

Police Chief Turcotte and General Services Director Cave responded to questions.

CITY MANAGER ITEMS

City Manager Feeney announced the Trailblaze: Arcade-Cripple Creek Trail Grand Opening on Sunday, May 5 from 9:30 – 11:00 a.m. at Tempo Park to C-Bar-C Park. He announced the National Drug Take Back Day event on Saturday, April 27 from 10:00 – 2:00 pm at the Police Department front parking lot. He also announced the Sacramento Valley Manufacturers Association showcase event at San Juan High School on Saturday, May 4 at 10:00 a.m.

ITEMS REQUESTED BY COUNCIL MEMBERS / FUTURE AGENDA ITEMS

Mayor Daniels requested a future agenda item to consider placing a School Resource Officer in each of the Citrus Heights high schools and explore funding options. Council Member Schaefer supported the request.

ADJOURNMENT

ITEM 8
Agenda Packet Page 11
Citrus Heights City Council Thursday, April 25, 2024

Page 9 of 9 ends

Printed on Recycled Paper
Mayor Daniels adjourned the meeting at 8:41 p.m. in honor of Mandisa Lynn Hundley, Citrus Heights native and ‘American Idol’ Finalist, who recently passed away.

Respectfully submitted,

__________________________
Amy Van, City Clerk
ITEM 8
Agenda Packet Page 12

CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM

DATE: May 9, 2024

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

FROM: Regina Cave, General Services Director
Leslie Blomquist, City Engineer

SUBJECT: Auburn Boulevard Complete Streets Project – Phase 2

Summary and Recommendation

The Boulevard Plan, adopted in 2005, set the framework for developing the Auburn Boulevard corridor from Sylvan Corners to the northern City limits. The Auburn Boulevard Complete Streets Project (Project) is the City’s largest public works project with Phase 1 (Sylvan Corners to Rusch Park) completed in 2014. Similar to Phase 1, Phase 2 of the Project will encompass the following elements of work:

• Underground overhead utility lines
• Install bicycle lanes and wide sidewalks
• Upgrade traffic signals to meet current standards
• Install a new traffic signal to increase traffic, pedestrian and bicycle safety • Increase safety and visibility through decorative street lighting • Beautify the corridor with new landscaping and trees
• Replace and upgrade old storm drain infrastructure
• Install a new asphalt layer for smooth driving
• Enhance transit stops for ADA compliance
• Provide a unique identity through the use of a welcome gateway structure

This project is a culmination of two decades of City, community, and partnership efforts. The Project is identified as a priority in the City’s General Plan, Bikeway Master Plan and Pedestrian Master Plan. The Project is also a regionally significant project not only for the City but for the Sacramento Area Council of Governments (SACOG), a major funding contributor. Other partnering agencies supporting the project include Sunrise Recreation and Park District (SRPD), Sacramento Regional Transit (SacRT) Caltrans, the City of Roseville, and numerous utility companies and districts.

The environmental clearance was completed in December 2015 and revalidated in April 2023.

ITEM 9
Agenda Packet Page 13
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 2 of 9 ends

With the engineering design completed in spring 2023, the Project is ready for construction.

Staff recommends the City Council adopt the following resolutions, in order:

1. Adopt Resolution No. 2024-_____ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an Agreement with George Reed, Inc. for the Auburn Boulevard Complete Streets – Phase 2 Rebid Project

2. Adopt Resolution No. 2024-_____ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute a Professional Services Agreement with Psomas to Provide Construction Management, Inspection, and Materials Testing Services for the Auburn Boulevard Complete Streets – Phase 2 Project

3. Adopt Resolution No. 2024-_____ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute Amendment No. 3 to the Agreement for Professional Services with Bennett Engineering Services, Inc. for Construction Support for the Auburn Boulevard Complete Streets – Phase 2 Project

City Council Strategic Goal/Objective

This item aligns with the Citrus Heights City Council Strategic Plan Objective:

Goal: Maintain Public Infrastructure and Enhance All Modes of Transportation Objective: Award contracts for construction and construction management/engineering support for the Auburn Boulevard Complete Streets Phase 2 project.

Fiscal Impact
Although not all funds are programmed in the current Capital Improvement Program (CIP), sufficient funds are available, as listed in Table 2 below, to supplement the programmed funding and cover any additional Project costs. The full funding for the project is summarized in the following tables:

Table No 1. – Estimated Project Costs
Project Component Estimated Cost ($)
Recommended Contract Award 28,918,864.50
10% Contingency(1) 2,893,105.77
ITEM 9
Agenda Packet Page 14
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 3 of 9 ends

Project Component Estimated Cost ($)
Construction Contract Sub Total 31,811,970.27

Construction Management Contract 3,592,645.86
Construction Design Support Services Contract 110,383.87

Grand Total 35,515,000.00

Table No 2. – Project Funding
Source Fund Fund No. Amount ($)
SACOG Grant (CMAQ Funds) - 6,371,845
SACOG Grant (NHPP Funds) - 9,552,155
SACOG Grant (STA Funds) - 676,000
SACOG Grant (RSTP Funds) - 4,500,000
Active Transportation Program (ATP) Grant Funds - 1,512,000 Placer-Sacramento Gateway Plan Grant (SCCP Funds) - 2,860,000 General Fund 100 4,000,000
Smart Growth Incentive Program (SGIP Funds) - 519,000
Measure A Maintenance 210 538,549
Stormwater Utility Funds 209 2,434,418
Measure A - Bike/Ped 311 90,000
Utility Company Contributions (CHWD/SASD) - 1,095,710
SMUD SD-14 Contribution - 1,365,323
Totals 35,515,000
(1)Typically, the City authorizes a 15% contingency. However; due to the size of this project a smaller than typical contingency is warranted.

Background and Analysis

The Boulevard Plan, adopted in 2005, set the framework for developing the Auburn Boulevard corridor from Sylvan Corners to the northern City limits. The Auburn Boulevard Project is the City’s largest public works project with Phase 1 (Sylvan Corners to Rusch Park) completed in 2014. Similar to Phase 1, Phase 2 of the Project will encompass the following elements of work:

• Underground overhead utility lines
• Install bicycle lanes and wide sidewalks
• Upgrade traffic signals to meet current standards
• Increase safety and visibility through decorative street lighting • Beautify the corridor with new landscaping and trees
• Replace old storm drain infrastructure
• Install a new asphalt layer for smooth driving
• Enhance transit stops for ADA compliance
• Provide a unique identity through the use of a welcome gateway structure ITEM 9
Agenda Packet Page 15
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 4 of 9 ends

This project is a culmination of two decades of City, community, and business owner partnership. The Project is identified as a priority in the City’s General Plan, Bikeway Master Plan and Pedestrian Master Plan. The Project is also a regionally significant Project for the SACOG, a major funding contributor. Other partnering agencies supporting the Project include the Auburn Boulevard Business Association (ABBA), SRPD, SacRT, the California Department of Transportation (Caltrans), City of Roseville and numerous utility companies.

History of Project Development
Over the last two decades the Citrus Heights City Council has taken several intentional actions leading to the final stage of construction to revitalize the Auburn Boulevard corridor. Below is an abbreviated list of major milestones leading to the project being shovel ready:

• February 9, 2005, the City Council adopted The Boulevard Plan (Link: Boulevard Plan ),
a specific plan under the authority of State Planning Law to guide the revitalization and enhancement of Auburn Boulevard between Sylvan Corners and Interstate 80 • August 2011, the City Council adopted its second General Plan, retaining Goal 38 and including a renewed focus on sustainability and complete streets • December 11, 2014, the City Council adopted a resolution authorizing a contract with Parsons Brinckerhoff to begin the preliminary engineering and environmental review of the Project
• July 9, 2015, the City Council authorized the City Manager to prepare and send a “Letter of Request” to SMUD requesting the undergrounding of overhead electrical facilities along Auburn Boulevard for the Phase 2 Project (
Link: July 9, 2015 Agenda Packet-Item
8).
• December 11, 2015, the City Council adopted the Bikeway Master Plan (Link: Bikeway Master Plan) and General Plan Bikeway Map (Link: Bikeway Master Plan Map) which were updated to include proposed bike lanes on Auburn Boulevard (Link: December 11, 2015 Agenda Packet-See Item 12)
• August 11, 2016, the City Council adopted the Citrus Heights Pedestrian Master Plan (Link: Pedestrian Master Plan) which included work on Auburn Boulevard ( Link: August
11, 2016 Agenda Packet-See Item 12)
• March 26, 2020, the City Council adopted a resolution authorizing a contract with Bennett Engineering Services to complete final design and right of way engineering services for the Phase 2 Project (Link: March 26, 2020 Agenda Packet-See Item 4 )
• October 27, 2022, the City Council adopted a resolution establishing an underground utility district on Auburn Boulevard (
Link: October 27, 2022 Agenda Packet-See Item
12)
While not identified in the list above, throughout the duration of the project, City staff have constantly monitored and sought funding opportunities to allow the construction phase to proceed. As highlighted in the Fiscal Impact section of this staff report, construction funding is the result of successful grant applications and support of partnering agencies, most notably SACOG.

ITEM 9
Agenda Packet Page 16
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 5 of 9 ends

Action Items for Consideration
Recently, the City released the construction documents and requested public bids. Bids were opened on April 10, 2024, and the low bid received is for $28,918,864.50. In addition to construction costs, several other related “soft costs” (i.e., engineering support and construction management) are necessary to deliver the project, resulting in a total project cost of $35,515,000.

To that end, staff recommends the City Council adopt four interrelated resolutions to support the Project construction. Each of these actions is briefly summarized below and further discussed throughout the staff report:

1. Construction Contract Resolution – This resolution will authorize the City Manager to enter into a construction contract with George Reed, Inc. for $28,918,864.50.

2. Construction Management Resolution - This resolution will authorize the City Manager to enter into a contract for Construction Management, Inspection and Materials Testing services necessary during the construction of the Project with Psomas for up to $3,592,645.86.

3. Construction Design Support Resolution – This resolution will authorize the City Manager to amend an existing agreement with Bennett Engineering Services, Inc. for additional scope to provide engineering support services through the duration of Project construction up to an additional amount of $110,383.87.

4. Agreement with SMUD – This resolution will authorize the City Manager to enter into a contract with SMUD in order to access $1,365,323 in financial support from SMUD’s SD-14 System Enhancement Program for the undergrounding of utilities.

Construction Contract
Originally, this Project was bid in late 2023 and the City opened bids on January 16, 2024.

However, the original lowest responsive and responsible bid amount received was for $34,341,234 and exceeded the engineer’s estimate by 34%. At the February 8, 2024 Council Meeting, City Council adopted a resolution rejecting all bids and authorizing staff to rebid the Project. (Link: February 8, 2024 Agenda Packet-See Item 8 )
Upon review of the original bids, staff found that the prices received were significantly higher than expected in four main categories:

1. Mobilization

2. Temporary Traffic Control

3. Underground Storm Drain and other wet utilities

4. Trenching
Since the original bid opening date, modifications were made to the original bid documents including:

ITEM 9
Agenda Packet Page 17
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 6 of 9 ends

1. Temporary Traffic control hours were modified. To minimize the labor and costs involved with installing and removing temporary traffic control, hours of work were modified to allow for 24-hour lane closures while work is active.

2. Trenching. Working with SMUD, staff was able to modify the backfill requirements for the underground trenching.

3. Storm Drain replacement. A significant length of storm drain replacement was removed from the project scope as it was determined to be in acceptable condition. Rather, staff will continue to monitor these underground facilities and move forward with an in-situ lining project in the future, when maintenance needs warrant the work.

On February 14, 2024, the City released the Auburn Boulevard Complete Streets, Phase 2 Rebid Project documents. In order to reach a larger pool of contractors, the General Services Department utilizes an online public bidding system. The online platform sends notices to all plan rooms and contractor’s exchanges in the greater Central Valley, Northern California, and the Bay Area. The plans for the Auburn Boulevard Complete Streets Project – Phase 2 Rebid were sent to 15 plan rooms.

A total of four bids were received and after a thorough analysis, staff has determined that George Reed, Inc.’s base bid of $28,918,864.50 was the lowest responsive and responsible bid. The complete bid results are shown in the following table:

Bidder Base Bid
George Reed, Inc. $28,918,864.50
DeSilva Gates Construction $32,333,333.00
Martin Brothers Construction $34,500,000.00
Bay Cities Paving & Grading $36,402,401.25
The engineer’s estimate for the base bid of this Project rebid is $31,000,000. After reviewing the proposed bids, staff recommends the City Council award the bid to George Reed, Inc in the amount of 28,918,864.50.

Construction Management Contract
A professional services agreement is needed to provide Construction Management, Inspection and Materials Testing services necessary during the construction of the Project. On February 10, 2023, staff issued a Request for Proposals (RFP) seeking qualified firms to provide this service.

A total of four proposals were received on March 22, 2023.

The City’s selection team utilized a process consistent with Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10, which governs consultant selection. A two-part screening process was utilized to evaluate the proposals. All four proposals were first reviewed independently and ranked by each team member using the same written criteria that was set forth in the RFP. The top three firms were subsequently invited to in-person interviews, which were held on April 17, 2023.

ITEM 9
Agenda Packet Page 18
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 7 of 9 ends

Through this evaluation process, Psomas was determined to be the most qualified consultant to provide the desired services for the Project. Staff opened the budget proposal and completed negotiations to agree upon the final scope of work and budget, which is incorporated into the agreement recommended for approval.

Construction Design Support Contract
On March 26, 2020, the City Council authorized an Agreement for Professional Services (Agreement) with Bennett Engineering Services, Inc. (Bennett) to provide final design engineering and right-of-way acquisition services for the Project. On October 14, 2021 and January 26, 2023, the City Council authorized amendments for additional professional services to coordinate with utility providers, finalize right-of-way services, and complete the final plans preparatory to bidding the project.

With the award of the construction contract pending, staff requested a proposal from Bennett for construction support services typical of the design engineer, such as reviewing specialty submittal items, responding to construction contractor requests for information (RFIs), providing design support for construction change orders (CCOs), and As-Built Drawings.

These additional services require an amendment to the Agreement, for which services will be paid for on an hourly basis. Staff negotiated an amount not to exceed $110,383.87 for Contract Amendment No. 3.

SMUD SD-14 System Enhancement Agreement

SMUD as the electric utility provider in Citrus Heights plays a critical role on the Auburn Boulevard project. On July 9, 2015, the City Council authorized the City Manager to prepare and send a “Letter of Request” to SMUD requesting the undergrounding of overhead electrical facilities along Auburn Boulevard for Phase 2. This letter initiated the process with SMUD to begin design services for undergrounding utility lines. SMUD recognizes the benefits of undergrounding utility lines as it improves aesthetics, economic vitality, safety, and public access on City sidewalks.

In light of these benefits, SMUD established Strategic Directive No. 14 (SD-14), System Enhancement Policy, which outlines the roles and responsibilities of SMUD and the City in order for SMUD to financially contribute to the undergrounding work. SMUD and City staff, including assistance from legal counsel from both agencies, jointly developed the attached SD- 14 System Enhancement Agreement, which includes SMUD’s financial contribution to the City of $1,365,323. SMUD has also committed to providing their own labor and materials for installation of electrical cabling, transformers, and other equipment, which is valued at an estimated $1,482,560.

Staff recommends the City Council authorize the City Manager to execute this agreement allowing SMUD’s Board of Directors to counter-approve and for the financial support to occur.

ITEM 9
Agenda Packet Page 19
Subject: Auburn Boulevard Complete Streets Project – Phase 2 Rebid Date: May 9, 2024

Page 8 of 9 ends

Environmental Review
On November 18, 2015, the Citrus Heights Planning Commission, as Lead Agency, adopted an IS/MND and Mitigation Monitoring and Reporting Program (MMRP) for the Project. The IS/MND found that all potential environmental impacts were reduced below a level of significance when considered with the MMRP. The findings of the IS/MND were revalidated in April 2023.

The MMRP identifies the mitigation measures required to reduce impacts and the MMRP has been incorporated into the construction specifications for the project.

City staff, construction managers, and contractors are responsible for the monitoring of the construction project to ensure all mitigation measures are adhered to. No additional environmental review is required.

Attachments

4. Adopt Resolution No. 2024-_____ A Resolution of the City Council of the City of Citrus Heights, California, Authorizing the City Manager to Execute an SD-14 System Enhancement Agreement with the Sacramento Municipal Utility District (SMUD) for the Auburn Boulevard Complete Streets – Phase 2 Project a. Draft SD-14 System Enhancement Agreement between the City of Citrus Heights and SMUD for the Auburn Boulevard Complete Streets Project – Phase

ITEM 9
Agenda Packet Page 20
Printed on Recycled Paper
RESOLUTION NO. 2024-___

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GEORGE REED, INC. FOR CONSTRUCTION OF THE AUBURN BOULEVARD COMPLETE STREETS – PHASE 2 PROJECT REBID

WHEREAS, the City Council of the City of Citrus Heights, California, desires to proceed with construction of the Auburn Boulevard Complete Streets Project – Phase 2 Rebid (Project);

WHEREAS, the Project design is complete and includes complete streets improvements on Auburn Boulevard between Rusch Park and Orlando Avenue in the City of Citrus Heights and a portion of the City of Roseville;

WHEREAS, bids for the project were received, opened and read aloud on April 10, 2024, and George Reed, Inc. was determined to be the lowest responsive, responsible bidder for the Project;

WHEREAS, award of this construction contract is contingent on George Reed, Inc. providing a Payment Bond, Faithful Performance and Labor Bond, and all City-approved insurance policies, on the appropriate forms, as required within 5 working days of the date of this resolution; and

WHEREAS, various Sacramento Area Council of Government grants of differing fund types (CMAQ & RSTP), Active Transportation Program (ATP) grant funds, Measure A Smart Growth grant funds, National Highway Protection Program (NHPP) grant funds, Placer-Sacramento Gateway Plan grant funds (SB1), General Fund (Fund 100), Stormwater Utility Funds (Fund 209), Measure A Maintenance (Fund 210) and utility company contributions have been budgeted for the Project.

NOW THEREFORE BE IT RESOLVED AND ORDERED that the City Council of the City of Citrus Heights does hereby as follows:

1. Awards the Auburn Boulevard Complete Street s– Phase 2 Rebid Project to George Reed, Inc., who is the lowest responsive and responsible bidder in the April 10, 2024 bid opening.

2. Authorize the City Manager to execute an agreement with George Reed, Inc., in the amount of $28,918,864.50 for the Auburn Boulevard Complete Streets – Phase 2 Rebid Project and that a copy of the Agreement is available and on file in the City Clerk’s offic e and is incorporated herein by reference and made a part of this Resolution.

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

PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 9th day of May, 2024 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

ITEM 9
Agenda Packet Page 21

Bret Daniels, Mayor

ATTEST:

Amy Van, City Clerk

ITEM 9
Agenda Packet Page 22
Printed on Recycled Paper
RESOLUTION NO. 2024-___

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

CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT

WITH PSOMAS TO PROVIDE CONSTRUCTION MANAGEMENT, INSPECTION, AND

MATERIALS TESTING SERVICES FOR THE AUBURN BOULEVARD COMPLETE STREETS – PHASE 2 PROJECT

WHEREAS, the City Council of the City of Citrus Heights, California, desires to proceed with construction of the Auburn Boulevard Complete Streets Project – Phase 2 Rebid (Project);

WHEREAS, the Project design is complete and will install complete streets improvements on Auburn Boulevard between Rusch Park and Orlando Avenue in the City of Citrus Heights and a portion of the City of Roseville;

WHEREAS, the City circulated a request for proposals for construction management, inspection, and materials testing services, and in accordance with Caltrans procedures for consultant selection Psomas was found to the most qualified to provide the required services;

WHEREAS, the City now desires to enter into a Professional Services Contract with Psomas in an amount not to exceed $3,592,645.86; and

WHEREAS, the proposed professional services will be paid for with National Highway Protection Program (NHPP) grant funds and Stormwater Utility Funds (Fund 209).

NOW THEREFORE BE IT RESOLVED AND ORDERED that the City Council of the City of Citrus Heights does hereby authorize the City Manager to execute an agreement with Psomas in the amount of $3,592,645.86 for the Auburn Boulevard Complete Streets – Phase 2 Rebid Project and that a copy of the Agreement is available and on file in the City Clerk’s office and is incorporated herein by reference and made a part of this Resolution.

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

PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 9th day of May, 2024 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

Bret Daniels, Mayor

ATTEST:

Amy Van, City Clerk
ITEM 9
Agenda Packet Page 23
Printed on Recycled Paper
RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES WITH BENNETT ENGINEERING SERVICES, INC. FOR THE AUBURN BOULEVARD COMPLETE STREETS – PHASE 2 PROJECT

WHEREAS, in 2014 the City received a Sacramento Area Council of Governments Grant in the amount of $3,541,200 ($4,000,000 total project cost) for the preliminary engineering and right -of-way acquisition for the Auburn Boulevard Complete Streets Project – Phase 2;

WHEREAS, in December 2014, the City entered into an agreement with Parsons Brinkerhoff to provide preliminary engineering and right-of-way acquisition services, which were completed in 2018;

WHEREAS, in October 2019, the City issued a Request for Proposals (RFP) seeking a qualified firm to provide the necessary final design services for the Project;

WHEREAS, on March 26, 2020, the City Council authorized an agreement with Bennett Engineering Services, Inc. in the amount of $1,282,358.42 for the final engineering design of the Auburn Boulevard Complete Streets Project – Phase 2;

WHEREAS, on October 14, 2021, the City Council authorized Contract Amendment No. 1 with Bennett Engineering Services, Inc. in the amount of $419,890.27;

WHEREAS, on January 26, 2023, the City Council authorized Contract Amendment No. 2 with Bennett Engineering Services, Inc. in the amount of $149,561.01;

WHEREAS, the City wishes to amend the agreement to provide construction support services;

WHEREAS, Amendment No. 3, in the amount of $110,383.87 will increase the total not -to- exceed contract amount to $1,962,193.57; and

WHEREAS, the proposed additional professional services will be paid for using Measure A Pedestrian Safety funds (Fund 311) and Stormwater Utility Funds (Fund 209).

NOW THEREFORE BE IT RESOLVED AND ORDERED that the City Council of the City of Citrus Heights does hereby authorize the City Manager to execute Contract Amendment No. 3 with Benett Engineering Services, Inc. in the amount of $110,383,87 for the Auburn Boulevard Complete Streets – Phase 2 Project and that a copy of the Agreement is available and on file in the City Clerk’s office and is incorporated herein by reference and made a part of this Resolution.

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

PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 9th day of May, 2024 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ITEM 9
Agenda Packet Page 24

ABSTAIN: Council Members:

ABSENT: Council Members:

Bret Daniels, Mayor

ATTEST:

Amy Van, City Clerk

ITEM 9
Agenda Packet Page 25
Printed on Recycled Paper
RESOLUTION NO. 2024-___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CITRUS HEIGHTS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN SD-14 SYSTEM

ENHANCEMENT AGREEMENT WITH THE SACRAMENTO MUNICIPAL UTILITY DISTRICT (SMUD) FOR THE AUBURN BOULEVARD COMPLETE STREETS – PHASE 2

PROJECT

WHEREAS, the City Council of the City of Citrus Heights, California, desires to proceed with construction of the Auburn Boulevard Complete Streets Project – Phase 2 (Project);

WHEREAS, on July 9, 2015, the City Council authorized the City Manager to prepare and send a “Letter of Request” to SMUD requesting the undergrounding of overhead electrical facilities along Auburn Boulevard for Phase 2;

WHEREAS, the City and SMUD jointly developed the SD-14 System Enhancement Agreement outlining roles and responsibilities associated with undergrounding of overhead utilities; and

WHEREAS, the City now desires to enter into an SD-14 System Enhancement Agreement with SMUD for financial assistance associated with the Project.

NOW THEREFORE BE IT RESOLVED AND ORDERED that the City Council of the City of Citrus Heights does hereby authorize the City Manager to execute an SD-14 System Enhancement Agreement with SMUD for the Project, 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.

PASSED AND ADOPTED by the City Council of the City of Citrus Heights, California, this 9th day of May, 2024 by the following vote, to wit:

AYES: Council Members:

NOES: Council Members:

ABSTAIN: Council Members:

ABSENT: Council Members:

Bret Daniels, Mayor

ATTEST:

Amy Van, City Clerk

ITEM 9
Agenda Packet Page 26

SACRAMENTO MUNICIPAL UTILITY DISTRICT
SMUD JOB NUMBER 30167316
SD-14 SYSTEM ENHANCEMENT AGREEMENT FOR
AUBURN BOULEVARD COMPLETE STREETS PROJECT – PHASE II

IN THE CITY OF CITRUS HEIGHTS

THIS AGREEMENT is made and entered into as of this ___ day of ___________, 20__, by and between the SACRAMENTO MUNICIPAL UTILITY DISTRICT, a political subdivision of the State of California, formed and operating under the California Municipal Utility District Act, hereinafter referred to as “SMUD,” and the City of Citrus Heights, a California municipal corporation, hereinafter referred to as “CITY.”

RECITALS

WHEREAS, as part of CITY’s Auburn Boulevard Complete Streets Project - Phase II (“Project”), in which CITY will improve and beautify Auburn Boulevard from Rusch Park to Whyte Avenue. CITY desires the undergrounding of existing SMUD and others’ overhead utilities within the Project boundaries; and

WHEREAS, SMUD is amenable to undergrounding its utilities in accordance with SMUD Board Policy Strategic Direction No. 14 (“SD-14”) and the SMUD System Enhancement Policy Implementation Guidelines (“Implementation Guidelines”), attached hereto as Exhibit A and incorporated herein by reference, for the consideration and on the terms and conditions set forth herein; and

WHEREAS, SD-14 provides that for identified system enhancement projects SMUD will, at its expense underground its existing overhead electrical distribution facilities if, among other things, the requesting CITY provides SMUD with all necessary real property authority (e.g., public utility easements, non-exclusive easements); and

WHEREAS, to ensure compliance with federal funding requirements, it is understood that the CITY does not plan to obtain additional easements for the underground conduit and cable portion (joint trench portion) of this Project, other than what falls on private property outside of the existing road right-of-way, but to instead provide SMUD land rights equivalent to those that a standalone easement would provide to SMUD;

ITEM 9
Agenda Packet Page 27
SMUD SD-14 SYSTEM ENHANCEMENT AGREEMENT FOR

AUBURN BOULEVARD COMPLETE STREETS PROJECT - PHASE II

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WHEREAS, CITY is obtaining public utility easements outside of the road right-of-way for installation and maintenance of utility equipment including, but not limited to, conduits, conductors, transformers, pullboxes; and

WHEREAS, SMUD has assigned SD-14 funding to the Project to cover SMUD’s own work in support of the Project (estimated at $1,482,560.00 ) and, in addition, an amount up to and not to exceed $1,365,323.00 which will be paid to CITY to cover the CITY’s joint trench and substructure work to the extent it directly and proportionally accommodates SMUD’s direct undergrounding work (i.e., SMUD’s pro rata share); and

WHEREAS, CITY will conduct the joint trench design and construction and, upon acceptance by the assigned SMUD inspector, SMUD will set its facilities;

WHEREAS, CITY and SMUD desire to enter into this Agreement on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, CITY and SMUD agree as follows:

1. TERM

This Agreement will be effective and commence as of the date first written above and will remain in effect as to each of the affected SMUD facilities, as long as they are located within the land rights provided by the CITY, including future relocations in accordance with this Agreement.

2. NOTICE

Any notice, demand, request, consent, or approval that either party hereto may or is required to give the other pursuant to this Agreement will be in writing and will be either personally delivered or sent by mail, addressed as follows:

TO CITY: TO SMUD:

Attn: Regina Cave, Attn: Michelle Zuniga
General Services Director Manager – Distribution Line
CITY of Citrus Heights Design
6360 Fountain Square Sacramento Municipal Utility District Citrus Heights, CA 95621 P.O. Box 15830
Sacramento, CA 95852-1830
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Either party may change the address to which subsequent notice and/or other communications can be sent by giving written notice designating a change of address to the other party, which will be effective upon receipt.

3. SCOPE OF AGREEMENT

A. Location. Auburn Boulevard from Rusch Park to Whyte Avenue.

Joint Trench Plans and Specifications

(1) Design Administration. CITY will administer all preliminary and design engineering for joint trench construction and perform all work necessary to provide complete plans, specifications, and estimate for installation of said trench including, but not limited to, providing contract plans, construction cost estimate(s), contract specifications and special provisions (including a requirement that SMUD be named as an additional insured by the construction contractor’s general and automobile liability insurance policies), obtaining all necessary permits, and preparing all appropriate environmental documentation. Inasmuch as these items pertain to the joint trench, SMUD will provide CITY with specifications to underground SMUD’s existing overhead facilities rated less than 69kV (SMUD’s EXISTING FACILITIES), and CITY will incorporate said specifications into the joint trench plans, specifications and contract documents and provide them to SMUD for its review and approval prior to CITY’s soliciting contractor bids for construction. If CITY or its contractor has questions about the specifications associated with undergrounding SMUD’s EXISTING FACILITIES, SMUD will work with the CITY’s assigned point of contact to provide clarification.

(2) Excavations. During construction, CITY will comply with California Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part: “Except in an emergency, every person planning to conduct any excavation will contact the appropriate regional notification center at least two working days, but not more than 14 calendar days, prior to commencing that ITEM 9
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excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator will delineate with white paint or other suitable markings the area to be excavated. The regional notification center will provide an inquiry identification number to the person who contacts the center and will notify any member, if known, who has a subsurface installation in the area of the proposed excavation.”

(3) Underground Service Alerts.

CITY will contact Underground
Service Alert (USA), and schedule the work to allow ample time for the regional notification center to notify its members and, if necessary, for any member to field locate and mark its facilities.

CITY is charged with knowledge of all subsurface conditions reflected in USA records. Prior to commencing excavation or trenching work, CITY will provide SMUD with copies of all USA records secured by CITY. CITY will advise SMUD of any conflict between information provided in the joint trench plans, specifications and contract documents and that provided by USA records.

(4) Underground Investigations. CITY will also investigate the existence of existing service laterals, appurtenances or other types of utilities, indicated by the presence of an underground transmission main or other visible facilities, such as buildings, new asphalt, meters and junction boxes, on or adjacent to the project, even if not shown on or indicated in the joint trench plans, specifications, or contract documents or provided by USA records.

CITY will immediately secure all such available information and notify SMUD and the utility owner, in writing, of its discovery.

Joint Trench Bidding, Contract Award and Construction

(1) Bidding and Construction Process. In accordance with the California Public Contract Code, CITY will advertise and solicit bids for the Project and will ensure the completion of that work, which will include the construction of the joint trench, conduit, pad and box ITEM 9
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system, but will not include relocating SMUD’s EXISTING FACILITIES. For the avoidance of doubt, as consistent with the terms of this Agreement, SMUD will be responsible for all costs of installing its equipment into the conduit and pullboxes, and the costs to relocate electrical transformers onto new concrete pads.

CITY will perform all construction engineering functions, including but not limited to, material testing, construction inspection, and construction surveys deemed appropriate by CITY to complete the joint trench. All work will meet or exceed SMUD’s specifications to underground SMUD’s EXISTING FACILITIES. All work will be constructed consistent with SMUD’s System Enhancement
Commitment (COMMITMENT) and the associated drawings
attached as Exhibit “B.” Work may only commence upon SMUD’s providing a stamp-approved COMMITMENT to CITY.

(2) Pre-Construction Notifications.

CITY will invite representatives of
SMUD to the pre-construction meeting for the Project and consult with SMUD during construction of the joint trench. CITY will provide SMUD with pre-construction notification at least 48 hours prior to installation of any joint trench conduit for SMUD facilities.

(3) Bidding Law Compliance. CITY hereby affirms that it will comply with all laws regarding competitive bidding or alternative bidding processes, as applicable, related to the Project.

(4) SMUD Inspection. CITY will allow SMUD to inspect all CITY installed joint trench, conduit, pad, box system and appurtenances, and SMUD shall timely inspect,for its approval prior to SMUD’s setting its facilities in the trench prior to the CITY’s backfilling.

SMUD’s approval of such construction shall not be unreasonably delayed or withheld. Within a reasonable period after the completion of such work, SMUD shall provide CITY with details regarding any deficiencies in the work, which the City shall document in order to ensure said deficiencies are corrected.

Removal of Overhead Facilities and Installation of Underground Facilities

(1) Design / Installation of SMUD Facilities.

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To replace SMUD’s existing overhead, utility pole-mounted electrical facilities, SMUD will design and install underground electrical facilities in the CITY-constructed joint trench, conduit, pad and box system as indicated on SMUD’s COMMITMENT Auburn drawings, attached hereto as Exhibit “B” and incorporated by this reference, including, but not limited to preparing and performing all preliminary and design engineering, all work necessary to provide completed plans, specifications, and estimates, contract plans, construction cost estimates, contract specifications and special provisions, and obtaining all necessary permits, all as consistent with the environmental document prepared by the CITY.

(2) Ownership of Conduit
. CITY shall transfer to SMUD, using SMUD’s
standard conveyance document, the ownership of the conduit, boxes, and other appurtenances identified in SMUD’s
COMMITMENT drawings and installed by CITY for the benefit of SMUD upon SMUD’s signing the as-built COMMITMENT drawings.

After transfer of ownership, SMUD shall be responsible for and pay all costs and expenses associated with ongoing maintenance and operation of the SMUD conduits, boxes, and related equipment, beginning after the expiration of the City’s one-year warranty.

(3) After Relocation. After SMUD has completed the underground relocation of SMUD’s EXISTING FACILITIES and the responsible third parties have completed the underground relocation of their own electrical facilities attached to said utility poles through a pole attachment agreement with SMUD, SMUD shall expeditiously remove SMUD-owned portions of poles and SMUD-owned ancillary facilities, with other utility owners responsible for removing their own pole segments and other equipment. Upon the completion of the aforementioned work, CITY will make any necessary sidewalk repairs. Sidewalk repairs will meet the current CITY Construction Standards and Standard Construction Specifications in effect at the time of the repair.

(4) Third-Party Undergrounding. CITY will be responsible to coordinate the undergrounding of pole mounted facilities of any third-party with the right by pole attachment agreement or otherwise ITEM 9
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to attach facilities to the poles which are being removed under this Agreement.

E. Schedule for Undergrounding. CITY will provide SMUD with a Notice to Proceed which will constitute the commencement of construction activities that SMUD will perform. SMUD will only proceed, however, subsequent to execution of this Agreement, and provided that CITY is not in material breach of this Agreement and with all construction requirements.

Project Acceptance and Maintenance
(1) Upon completion of the joint trench by CITY, acceptance of the SMUD portion of the joint trench by SMUD and under-grounding of SMUD electrical FACILITIES, SMUD will maintain, at its own expense, the facilities constructed within the public right-of-way or easements under this Agreement that pertain to the SMUD underground electrical facilities.

(2) Following completion of the joint trench and commencing with SMUD’s acceptance of the SMUD portion of the trench for maintenance, CITY will have no further obligation to SMUD with the exception of the administration of any warranty claims made within the construction contract’s one-year warranty period.

General Responsibilities
(1) Timely Review of Documents. Each party to this Agreement, or its authorized representatives, will review all documents submitted by the other and render decisions pertaining thereto as promptly as is reasonable under the circumstances at the time in order to avoid unreasonable delay of the progress of the other party. Each party will furnish information and services as required by this Agreement and will render approvals and decisions as expeditiously as is reasonably necessary under the circumstances at the time for the orderly progress of the Parties’ services and of the project.

(2) Each party hereto will be solely responsible for the quality and accuracy of its work and the work of its contractors performed in connection with this Agreement.

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H. Maintenance, Repair and Replacement. The CITY understands and acknowledges that SMUD is willing to install its conduit, conductor, and pull boxes within CITY’s road right-of-way easements pursuant to this Agreement in lieu of the CITY’s obtaining public utility easements for SMUD (as required under SD-14), but only in exchange for the CITY’s commitment to the following, which commitments SMUD is relying upon:
(1) Encroachment Permits. Before engaging in any construction in the right-of-way pursuant to this Agreement, SMUD will coordinate such construction with the CITY through an annual blanket permit, and submission of a Traffic Control Plan for review. SMUD shall comply with all of the CITY’s generally applicable encroachment permit procedures (e.g., Compliance with Municipal Code Chapter 78 (“Street, Sidewalks and other Public Places”)), except that the CITY will not charge SMUD for issuance or implementation of encroachment permits or other authorizations to perform work on SMUD facilities installed as part of this project, or a related relocation within the CITY’s road right-of-way easements. (2) Upgrades. Notwithstanding any other provision of this Agreement, if maintenance, repair, or replacement work on SMUD’s facilities installed as part of this project or a related relocation within the CITY’s road right-of-way easements causes or triggers the need for an upgrade or change in CITY-owned facilities, such as but not limited to meeting then-current Americans with Disabilities Act (“ADA”) standards, the CITY will be responsible, as between SMUD and the CITY, for making those upgrades or changes at CITY’s sole cost.
(3) Conditions. CITY will not impose additional conditions or requirements upon SMUD facilities within the CITY’s road right-of- way easements or on SMUD’s maintenance, repair or replacement practices.

I. Future Relocations. If a future CITY project requires the relocation of any portion of the underground SMUD facilities installed under this agreement, such relocation or relocations will be performed at the CITY’s sole expense. In such event, CITY will be responsible for acquiring all property interests and rights to be ITEM 9
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at least equal to or greater than those granted here and assigning same to SMUD prior to the relocation or relocations of SMUD facilities. Notwithstanding the foregoing, SMUD will be required to pay for the cost of any such relocation to the extent caused by a SMUD project, though SMUD’s decision to relocate its facilities within the area provided for SMUD facilities pursuant to this Agreement shall not void the city’s responsibility to pay for future relocations necessitated by a CITY project. For clarification, if a third party (e.g., developer, public utility, telecommunications company) project requires or allows SMUD to relocate any portion of the underground SMUD facilities installed under this agreement, then the requesting party, and not CITY, shall be responsible for such costs.

J. Landscaping. As certain landscaping may damage SMUD’s underground facilities, CITY will only plant vegetation that does not constitute potential danger to SMUD’s underground facilities. CITY will submit future new landscaping plans for the areas potentially affecting the undergrounded areas to the SMUD System Engineer for review and written approval, which shall not be unreasonably withheld. If conflict(s) exist, CITY will revise said plans to remove all such conflicts and agrees to obtain prior written approval from SMUD of revised plans prior to construction of new landscaping.

K. Additional CITY Obligations.
(1) Third Party Utilities. As a condition precedent to SMUD’s obligation to remove and underground SMUD’s EXISTING FACILITIES, the CITY will obtain written agreement from third party communication and cable utilities to remove their overhead facilities and underground their utility facilities within the joint trench. Such removal of the overhead utility facilities may be done by the CITY or by the third party communication and cable utilities. SMUD will not be responsible for any costs associated with the removal and undergrounding of third party utility facilities. (2) Impacted SMUD Customers and Property Owners. As a condition precedent to SMUD’s obligation to remove and underground SMUD’s EXISTING FACILITIES, the CITY will obtain written agreement from adjacent property owners / SMUD customers to convert their existing overhead electric service to underground service.
(3) Panel Conversions and Underground Services. CITY is responsible for all costs and work associated with conversion of existing SMUD ITEM 9
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customer’s overhead electrical panels to underground electrical panels and installation of new underground service conductors. (4) Easements. As a condition precedent to SMUD’s obligation to remove and underground SMUD’s EXISTING FACILITIES, the CITY will, at no cost to SMUD, provide to SMUD either exclusive or non-exclusive public utility easements (at the CITY’s option) with SMUD as the grantee as reasonably necessary to locate SMUD’s EXISTING FACILITIES other than the conduit and cable that will be laid in the right right-of-way. The form and content of the easements will be subject to SMUD approval, which approval will not be unreasonably withheld.

4. COMPENSATION
A. Funding. SMUD shall pay to CITY SMUD’s pro-rata share of the joint trench underground sub-structure and trenching work to be undertaken by the CITY , in an amount not to exceed $1,365,323.00 (“Maximum Commitment”). SMUD will remit its first payment installment of $682,661.50 to CITY within 60 days following the commencement of the installation of SMUD substructure facilities. Following SMUD’s inspection and acceptance of complete joint trench and required substructure facilities, SMUD will remit its final payment to the CITY in the amount of the lesser of (1) SMUD’s remaining pro rata share of the actual cost of the CITY’s work or (2) the Maximum Commitment after subtracting the amount of SMUD’s first payment installment to the CITY.

B. Invoicing and Payments. Invoicing and payments will be submitted to the parties at the addresses in the Notice provision of this Agreement.

Payments will reference Auburn Boulevard Complete Streets Project – Phase II. Invoices will reference System Enhancement Project (SO 30167316) (Auburn Boulevard Complete Streets Project – Phase II, SD- 14).

5. COMPLIANCE WITH LAWS
CITY and SMUD will observe and comply with all applicable Federal, State, and local laws, regulations and ordinances.

6. GOVERNING LAWS AND JURISDICTION
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This Agreement will be deemed to have been executed and to be performed within the State of California and will be construed and governed by the internal laws of the State of California. Any legal proceedings arising out of or relating to this Agreement will be brought in the court with jurisdiction in Sacramento County, California.

7. LICENSES AND PERMITS
A. Holding Required Permits. CITY and SMUD will possess and maintain all necessary licenses, permits, certificates and credentials required by the laws of the United States, the State of California, CITY and all other appropriate governmental agencies, including any certification and credentials required by CITY. CITY will promptly provide all necessary permits as required to be obtained by SMUD, at no cost to SMUD as provided in Section 3.H. Failure to maintain the licenses, permits, certificates, and credentials will be deemed a breach of this Agreement and constitutes grounds for the termination of this Agreement.

B. No SMUD Debarment. SMUD further certifies to CITY that it and its principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, state or CITY government contracts.

SMUD certifies that it will not contract with a contractor that is so debarred or suspended.

C. No CITY Debarment. CITY further certifies to SMUD that it and its principals are not debarred, suspended, or otherwise excluded from or ineligible for, participation in federal, state or local government contracts.

CITY certifies that it will not contract with a contractor that is so debarred or suspended.

8. PREVAILING WAGES
CITY and SMUD will comply with the provisions of the California Labor Code, specifically, but not limited to, Chapter 1, commencing at Section 1720, of Part 7 of Division 2 (payment of prevailing wages). The prevailing rates for per diem wages will be those rates determined by the Director of the California Department of Industrial Relations.

9. PERFORMANCE STANDARDS
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CITY and SMUD will perform their services under this Agreement in accordance with the industry and/or professional standards applicable to their respective services.

10. INDEMNIFICATION
A. SMUD to Indemnify. SMUD will defend, indemnify and hold harmless CITY, its City Council, officers, directors, agents, employees and volunteers from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of SMUD’s officers, directors, agents, employees, or contractors.

B. CITY to Indemnify. CITY will defend, indemnify, and hold harmless SMUD, its officers, directors, agents, employees, and contractors from and against all demands, claims, actions, liabilities, losses, damages and costs, including reasonable attorney’s fees, arising out of or resulting from the performance of the Agreement, caused in whole or in part by the negligent or intentional acts or omissions of CITY’S, officers, directors, agents, employees, or contractors.

C. Indemnity for Public Contracting Laws. Each party to this agreement will indemnify, defend and hold harmless the other, and their directors, officers, agents, contractors, and employees (collectively, “Indemnitees”) against all claims or causes of action brought against Indemnitees as a result of that party’s failure to comply with all applicable public contracting laws. It is agreed that in the event of any litigation arising hereunder, each party at the request of the other will submit to the jurisdiction of any court of competent jurisdiction within the State of California in Sacramento County and will comply with all requirements necessary to give such Court jurisdiction, and that all matters arising hereunder will be determined in accordance with the law and practice of such court. It is further agreed that service of process in any such litigation may be made in the manner provided for in Section 415.40 of the California Code of Civil Procedure or in any other manner provided for in said code for service upon a person outside the State of California. In the event either party fails or refuses to indemnify or defend Indemnitees upon a timely request, such party will be liable to the other for all costs including, but not limited to, reasonable ITEM 9
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attorney’s fees incurred defending any claim or cause of action brought against that party due to that party’s failure to comply with applicable competitive bidding laws.

D. Contributory Liability. It is the intention of CITY and SMUD that the provisions of this paragraph be interpreted to impose on each party responsibility to the other for the acts and omissions of their respective officers, directors, agents, employees, volunteers, contractors, and respective governing boards. It is also the intention of CITY and SMUD that, where comparative fault is determined to have been contributory, principles of comparative fault will be followed and each party will bear the proportionate cost of any damage attributable to the fault of that party, its officers, directors, agents, employees, volunteers, contractors, and respective governing boards.

11. INSURANCE
Each party, at its sole cost and expense, will carry insurance or self-insure its activities in connection with this Agreement, and obtain, keep in force and maintain, insurance or equivalent programs of self-insurance, for general liability, workers compensation, and business automobile liability adequate to cover its potential liabilities hereunder. Each party agrees to provide the other thirty (30) days’ advance written notice of any cancellation, termination or lapse of any of the insurance or self-insurance coverages.

12. ASSIGNMENT
This Agreement is not assignable by either party in whole or in part, without the prior written consent of the other party.

13. AMENDMENT AND WAIVER
Except as provided herein, no alteration, amendment, variation, or waiver of the terms of this Agreement will be valid unless made in writing and signed by both parties. Waiver by either party of any default, breach or condition precedent will not be construed as a waiver of any other default, breach or condition precedent, or any other right hereunder. No interpretation of any provision of this Agreement will be binding upon the other party unless agreed to in writing by that party’s general counsel or his/her delegate.

14. SUCCESSORS
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This Agreement will bind the successors of CITY and SMUD in the same manner as if they were expressly named.

15. TIME
Time is of the essence of this Agreement.

16. INTERPRETATION
This Agreement will be deemed to have been prepared equally by both of the parties, and the Agreement and its individual provisions will not be construed or interpreted more favorably for one party on the basis that the other party prepared it.

17. DIRECTOR
As used in this Agreement, “Director” will mean the General Services Director of the City of Citrus Heights, or his\her designee.

18. DISPUTES
In the event of any dispute arising out of or relating to the Agreement, the parties will attempt, in good faith, to promptly resolve the dispute mutually between themselves. CITY will be required to make payments for any services that are the subject of this dispute resolution process until such dispute has been mutually resolved by the parties. If the dispute cannot be resolved within 15 calendar days of initiating such negotiations or such other time period as may be mutually agreed to by the parties in writing, either party may pursue its available legal and equitable remedies, pursuant to the laws of the State of California.

19. TERMINATION
A. Either party may terminate this Agreement for cause upon giving written notice to the other party stating the cause and giving the party a reasonable period in which to cure the default, which time period will be stated in the notice.

B. SMUD may terminate or amend this Agreement immediately upon giving written notice to CITY, 1) if advised that funds are not available for this Agreement or for any portion thereof; 2) if funds in SMUD’s yearly proposed and final budget are not appropriated by SMUD for this Agreement or any portion thereof; or 3) if funds that were previously ITEM 9
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appropriated for this Agreement are reduced, eliminated, and/or re- allocated by SMUD as a result of budget reductions.

C. If this Agreement is terminated under paragraph B, above, CITY will provide SMUD an accounting of actual costs incurred prior to the termination date. SMUD will pay CITY the actual costs of work performed prior to the termination date; no contingency costs will be paid. If CITY received advance payment from SMUD to perform the work under this Agreement, CITY will refund all advances received for the project less the actual costs of work performed prior to the termination date.

D. SMUD Director of Distribution Planning & Operations has authority to terminate this Agreement under paragraphs A and B, above.

20. PRIOR AND FUTURE AGREEMENTS
This Agreement constitutes the entire contract between CITY and SMUD regarding the subject matter of this Agreement. Any prior agreements, whether oral or written, between CITY and SMUD regarding the subject matter of this Agreement are hereby terminated effective immediately upon full execution of this Agreement.

This Agreement shall not serve as precedent for future CITY projects under SD-

14. For any such future projects, CITY shall obtain public utility easements for any relocated SMUD facilities.

21. SEVERABILITY
If any term or condition of this Agreement or the application thereof to any person(s) or circumstance is held invalid or unenforceable, such invalidity or unenforceability will not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable.

22. FORCE MAJEURE
Neither SMUD nor CITY will be liable or responsible for delays or failures in performance resulting from events beyond the reasonable control of such party and without fault or negligence of such party. Such events will include but not be limited to acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of government, fire, power failures, nuclear accidents, earthquakes, unusually ITEM 9
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severe weather, acts of terrorism, or other disasters, whether or not similar to the foregoing, and acts or omissions or failure to cooperate of the other party or third parties (except as otherwise specifically provided herein).

23. SURVIVAL OF TERMS
All services performed and deliverables provided pursuant to this Agreement are subject to all of the terms, conditions, price discounts and rates set forth herein, notwithstanding the expiration of the initial term of this Agreement or any extension thereof. Further, the terms, conditions and warranties contained in this Agreement that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Agreement will so survive.

24. AUTHORITY TO EXECUTE
Each person executing this Agreement represents and warrants the he or she is duly authorized and has legal authority to execute and deliver this Agreement for or on behalf of the parties to this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized.

25. COUNTERPARTS
This Agreement may be executed in multiple counterparts. The Agreement will be deemed executed when it has been signed by both parties.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first written above.

CRAMENTO MUNICIPAL CITY OF CITRUS HEIGHTS

UTILITY DISTRICT
By: By:

Date: ______ Date:

Rev
iewed and Approved Reviewed and Approved
By: ________________________ By: ________________________ ITEM 9
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CITY OF CITRUS HEIGHTS

CITY COUNCIL STAFF REPORT

MEMORANDUM
DATE
: May 9, 2024
TO: Mayor and City Council Members
Ashley J. Feeney, City Manager
FR
OM: Amy Van, City Clerk
Casey Kempenaar, Community Development Director
SU
BJECT: Discussion Regarding the Planning Commission
Summary and Recommendation
At
the April 11, 2024 City Council meeting, two members of the City Council requested a discussion item be brought back at a future meeting to discuss dissolving the Planning Commission for a year or two.

Addi
tionally, the Commission has two vacant positions. Commissioner Max Semenenko resigned from the Planning Commission effective February 29, 2024. He was appointed to the Planning Commission as an at-large appointment on January 12, 2023. Commissioner James Remick resigned from the Planning Commission effective May 1, 2024. He was appointed to the Planning Commission as Mayor Daniels’ individual appointment on January 12, 2023.

Sta
ff will present the City Council with discussion items related to the Planning Commission and recommend the City Council provide feedback and direction. Staff has prepared the following options for City Council consideration:

1. Dir
ect Staff to proceed with the necessary Municipal Code updates to dissolve the Planning Commission;

2. Mayor Daniels nominate one regular member to fill the unexpired term on the Planning Commission, subject to ratification by the City Council;

3. Appoint an individual, by majority vote, to fill the at -large unexpired term on the Planning Commission; or

4. Do nothing – The Planning Commission would be a five -member Commission until January 2025.

ITEM 10
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Subject: Discussion Regarding the Planning Commission
Date: May 9, 2024

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Fiscal Impact

The Planning Commission budget for Fiscal Year 2024/2025 is approximately $12,700.

Background and Analysis

Pursuant to Government Code Section 65100 the City Council shall, by ordinance, assign the functions of the planning agency to a planning department, one or more planning commissions, administrative bodies or hearing officers, the legislative body itself, or any combination thereof, as it deems appropriate and necessary. Shortly after incorporation in 1997, the City Council established a Planning Commission which is currently contained in Citrus Heights Municipal Code Sections 2-268 through 2-275.

Should the City Council wish to amend the Municipal Code to dissolve the Planning Commission staff would develop a timeline to review the process structure and adopt the necessary ordinances, staffing implications, and any fiscal considerations and present it to the City Council at a future meeting.

Presently, the Citrus Heights Planning Commission consists of seven members, five regular members and two at-large members. The Planning Commission holds hearings in a public forum to review a multitude of projects related to land use planning for the city and makes decisions consistent with the policies and plans formally adopted by the City Council. This includes Use Permits, Design Review Permits, Subdivision Maps, and similar entitlement types. The Planning Commission may also review and recommend proposed City ordinances; amendments to the General Plan; the annual Capital Improvement Plan; and other issues related to consistency with the General Plan.

The City accepted applications for appointment from March 20, 2024 to April 26, 2024. The City received thirteen (13) applications, which were provided to the City Council on April 29, 2024.

Below is a list of applicants:

Applicants
Al Hakam Al Rawi Janice Jacox
Alan Utzig Karyn Kneeland
Andrew Campbell Kelsey Nelson
Andrew Saunders Michael Lagomarsino
Clara McCoy Robert Wichert
Dianne Ebbit William Shirley
Glenda Green

Per the City’s Municipal Code, members of the Planning Commission shall not serve more than eight consecutive years on the commission. An individual who has previously served eight consecutive years on the commission is eligible for re-appointment to the commission after two years have passed. Applicant Michael Lagomarsino previously served for eight years between 2013 and 2020, therefore two years have passed since his last term on the Commission and he is eligible for re-appointment.

ITEM 10
Agenda Packet Page 45

Citrus Heights City Council MeetingsMay 9, 2024

Citrus Heights City Council Meetings
May 9, 2024