Book 76 Page 238
Folsom City Council
May 10,2022
City Council Regular Meeting
MINUTES
Tuesday, May 10,2022 6:30 PM
CALL TO ORDER
The regular City Council meeting was called to order at 6:30 pm with Mayor Kerri Howell presiding.
ROLL GALL:
Councilmembers Present: Sarah Aquino, Councilmember
YK Chalamcherla, Councilmember
Rosario Rodriguez, Vice Mayor
Kerri Howell, Mayor
Councilmembers Absent: Mike Kozlowski, Councilmember (arrived at 7:39 pm) Participating Staff: City Manager Elaine Andersen
City Attorney Steven Wang
Deputy City Clerk Lydia KonoPka
Communications Director Christine Brainerd
Administrative Assistant Jennifer Thiot
Police Lieutenant Lou Wright
Police Lieutenant Brian Lockhart
Senior Otfice Assistant Lindsey Tayler
CFO/F|nance Director Stacey Tamagni
Associate Planner Josh Kincade
Community Development Director Pam Johns
Public Works Director Mark Rackovan
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited
AGENDA UPDATE
City Attorney Steven Wang announced that item 18 had additional information BUSINESS FROM THE FLOOR:
None
Approued 06/ /4/2022
Book 76 Page 239
Folsom City Council
May 10,2022
SGHEDULED PRESENTATIONS:
j . Proclamation of the Mayor of the City of Folsom Proclaiming May 1 5-21,2022 as National Police Week in the City of Folsom
Mayor Kerri Howell presented the proclamation to Lieutenant Lou Wright and Lieutenant Brian Lockhart.
2. Proclamation of the Mayor of the City of Folsom Proclaiming May 15 through May 21, 2022 as "National Public Works Week" and May 18,2022 as "City Works Day" in the City of Folsom
Communications Manager Christine Brainerd introduced the item. Administrative Assistant Jennifer Thiot and Senior Office Assistant Lindsey Tayler made a presentation.
Councilmember Sarah Aquino presented the proclamation
3. City Manager's Fiscal Year 2021-22Third Quarter Financial Report CFO/F;nance Director Stacey Tamagni made a presentation and responded to questions from the City Council.
4. Presentation of the City Manager's Fiscal Year 2Q22-23 Proposed Operating and Capital Budgets for the City of Folsom, the Successor Agency, the Folsom Public Financing Authority, and the Folsom Ranch Public Financing Authority CFO/Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council.
CONSENT LENDAR
Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.
5. Approval of April 12,2022 Special and Regular Meeting Minutes
6. Approval of April 26,2022 Regular Meeting Minutes
7 . Resolution No. 10839 - A Resolution of the City Council Ratifying the City Manager's Authorization for Emergency Replacement of the On-Site Fuel Tanks at the City of Folsom Corporation Yard, Determining the Project is Exempt from CEQA, and Appropriation of Funds
8. Resolution No. 10840 - A Resolution Authorizing the City Manager to Execute a Subdivision lmprovement Agreement and Accept Offers of Dedication for the Mangini Approued06/14/2022
Book 76 Page240
Folsom City Council
May 10,2022
Ranch Phase 2 Village No. 3 Subdivision, and Approval of the Final Map for the Mangini Ranch Phase 2 Village No. 3 Subdivision
g. Resolution No 10841 - A Resolution Ratifying the City Manager's Execution of a Purchase Agreement with Golden State Fire Apparatus lnc. for a Ladder Truck from Pierce Manufacturing lnc. Pursuant to Folsom Municipal Code Section 2.36.150, and the Approval of an lnterfund Loan and Appropriation of Funds
10. Resolution No. 10842 - A Resolution Authorizing the City Manager to Execute an Agreement with McGuire and Hester for Construction of the Water Treatment Plant Backwash and Recycled Water Upgrades Project and Appropriation of Funds 1 1 . Resolution No. 10843 - A Resolution Authorizing the City Manager to Execute an Agreement with lnferrera Construction Management Group, lnc. for Construction MLnagement and lnspection Services for the Water Treatment Plant Bacl<wash and Recycled Water Upgrades Project
12. Resolution No. 10844 - A Resolution Approving the Preliminary Engineer's Report for the following Landscaping and Lighting Districts for Fiscal Year 2022-2023 and Setting Public Hearing for American River Canyon North, American River Canyon North No. 2, American River Canyon North No. 3, Blue Ravine Oaks, Blue Ravine Oaks No. 2, Briggs Ranch, Broadstone, Broadstone No. 4, Broadstone Unit No. 3, Cobble Ridge, Cobble Hills Ridge ll/Reflections ll, Folsom Heights, Folsom Heights No. 2, Hannaford Cross, Lake Natoma Shores, Los Cerros, Natoma Station, Natoma Valley, Prairie Oaks Ranch, Prairie Oaks Ranch No. 2, Prospect Ridge, Sierra Estates, Silverbrook, Steeplechase, The Residences at American River Canyon, The Residences at American River Canyon ll, Willow Creek Estates East, Willow Creek Estates East No. 2, Willow Creek Estates South, and Willow SPrings
13. Resolution No. 10845 - A Resolution Authorizing the City Manager to Execute an Amendment to the Memorandum of Understanding Agreement (Contract No. 174-21 20- 062) with the Capital Southeast Connector Joint Powers Authority for the Southeast Connector Segment D3(A) Bike Trail and Appropriation of Funds
14. Resolution No. 10846 - A Resolution Authorizing the City Manager to Execute a Design and Consulting Services Contract with Bennett Engineering Services, lnc. for the East Bidwell Street/lron Point Road and US50 Onramp lmprovement Project and Appropriation of Funds
15. Resolution No. 10847 - A Resolution Authorizing the City Manager to Execute a Contract Change Order for the Pedestrian/Bike Trail with Goodfellow Brothers, LLC (Contract No. 174-2120-060) for the Capital SouthEast Connector Segment D3(A), Project No.
PW1607, Federal Project No. 5288(046)
16. Resolution No. 10848 - A Resolution Adopting a List of Projects for Fiscal Year 2022-23 to be Funded by Senate Bill 1: The Road Repair and Accountability Act
17. Resolution No. 10850 - A Resolution Authorizing the City Manager to Execute a Subdivision lmprovement Agreement and Accept Offers of Dedication for the Mangini Approued 06/ 14/ 2022
Book 76 Page241
Folsom City Council
May 10,2022
Ranch Phase 1C South Village No. 4 Subdivision, and Approval of the Final Map for the Mangini Ranch Phase 1C South Village No. 4 Subdivision
Motion by Vice Mayor Rosario Rodriguez second by Gouncilmember YK Ghalamcherla, to approve the Gonsent Galendar.
Motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s): Aquino, Chalamcherla, Rodriguez, Howell Gouncilmember(s): None
Gouncilmember(s): Kozlowski
Gouncilmember(s): None
PUBLIC HEARING:
(item taken out of order)
19. Folsom Corporate Center Apartments - South Side of lron Point Road, East of the lntersection of lron Point Road and Oak Avenue Parkway (PN 21-120) i. Resolution No. 10849 - A Resolution to Adopt a Mitigated Negative Declaration, Approve a General Plan Amendment, and Approve a Planned Development Permit for the Folsom Corporate Center Apartments Project
ii. Ordinance No. 1327 -An Uncodified Ordinance to Amend the Zoning Designation for a7.24-acre Parcel (Lot 1) from M-L PD to R-4 PD and to Amend the Zoning Designation for a 4.68-acre Parcel (Lot 6) from BP PD to R-4 PD for the Folsom Corporate Center Apartments Project (lntroduction and First Reading)
Gouncilmember Sarah Aquino announced that she needed to recuse herself from this item due to both members of Cole Partners being family friends and one is also a client at her insurance business. She left the room for the duration of this agenda item' Councilmember Mike Kozlowski arrived at 7:39 pm
Community Development Director Pam Johns made a presentation and responded to questions from the City Council. Traffic consultant Dr. Thomas Kear from T. Kear Transportation, Planning and Management, lnc. provided clarification.
Mayor Kerri Howell opened the public hearing. Hearing no public comments, the public hearing was closed.
Motion by Vice Mayor Rosario Rodriguez second by Gouncilmember Mike Kozlowski, to approve Resolution No. 10849'
Motion carried with the following roll call vote:
AYES: Councilmember(s): Ghalamcherla, Kozlowski, Rodriguez, Howell NOES: Gouncilmember(s): None
Approued 06/14/ 2022
Book 76 Page242
Folsom City Council
May 10,2022
Motion by Councilmember Mike Kozlowski second by Vice Mayor Rosario Rodriguez, to introduce and conduct the first reading of Ordinance No. 1327.
Motion carried with the following roll call vote:
ABSENT:
ABSTAIN:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gouncilmember(s): Aquino (recused)
Councilmember(s): None
Gouncilmember(s): Ghalamcherla, Kozlowski, Rodriguez, Howell Councilmember(s): None
Gouncifmember(s): Aquino (recused)
Gouncilmember(s): None
Councilmember Sarah Aquino returned to the dais'
18. Appeal by lgor Semenyuk of a Decision by the Historic District Commission Denying a Conditional Use Permit for the Lakeside Memorial Lawn Crematorium project (PN 19- 182) located at 1201 Forrest Street (Gontinued from April 26, 20221 Associate Planner Josh Kinkade made a presentation and responded to questions from the City Council. Additional clarification was provided by Community Development Director Pam Johns.
Appellant lgor Semenyuk addressed the City Council and responded to questions.
Mayor Kerri Howell opened the public hearing.
The following speakers addressed the City Council:
1. Janice Brial
2. Dean Dodson
3. Dan Charlebois
4. Dan Winkelman
5. Steve Walsh
6. Matt Almas
7. Larry Allbauch
8. lsaac Monical
9. Dwight B.
10. Kathryn Corbett
11. Dr. McGary (via teleconference)
12. Owen Thomas (via teleconference)
13. Mike Reynolds (via teleconference)
14. Tim McGary (via teleconference)
Hearing no further comments, the public hearing was closed' Appellant lgor Semenyuk provided closing remarks to the City Council.
Associate Planner Josh Kinkade responded to questions from the City Council Approued 06/14/2022
Book 76 Page243
Folsom City Council
May 10,2022
Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski, to deny the appeal and affirm the Historic District Gommission's decision to deny the conditional use permit.
City Attorney Steven Wang provided clarification regarding the finding of the conditional use permit as it related to the motion.
Each of the Councilmembers commented regarding the project.
City Attorney Steven Wang asked Mayor Kerri Howell to allow community member Loretta Hettinger to speak on this item now, as she was unable to comment using her Webex connection at home. Mayor Howell agreed.
The following speaker addressed the City Council:
o Loretta Hettinger
Mayor Kerri Howell called for the vote on Councilmember Sarah Aquino's motion Motion failed with the following roll call vote:
AYES: Gouncilmember(s): Aquino, Kozlowski
NOES: Gouncilmember(s): Ghalamcherla, Rodriguez, Howell ABSENT: Gouncilmember(s): None
ABSTAIN: Councilmember(s): None
City Attorney Steven Wang explained that the motion failed, but another motion may be made.
He suggested that the Mayor call for a recess to help craft the findings should the Council wish to make a different motion.
Motion by Vice Mayor Rosario Rodriguez to grant the appeal and overturn the Historic District Commission's decision.
Gouncilmember YK Chalamcherla asked to amend the motion to add the requirement that the applicant add a weather station for monitoring air quality to the project and that the project go before a design review commiftee. Vice Mayor Rosario Rodriguez agreed to the amendment to her motion.
Mayor Kerri Howell called for a recess at 9:56 pm. The City Council resumed the meeting at 10:09 pm.
Gity Attorney Steven Wang reminded the City Gouncil that the pending motion was a motion to grant the appeal by lgor Semenyuk, thereby overturning the decision of the Historic District Commission denying a Gonditional Use Permit for the Lakeside Memorial Lawn Crematorium (PN 19-1821located at1201Forrest Street, based upon the conditions of approval and based upon the following findings:
Gommunity Development Director Pam Johns read the findings for the record:
General Findings:
Approued 06 / 14/ 2022
Book 76 Page244
Folsom City Council
May 10,2022
A. Notice of hearing has been given at the time and in the manner required by State law and Gity code.
B. The projecf is consistent with the General Plan and the Zoning Code of the City CEQA Findings:
C. A mitigated negative declaration has been prepared for the project in accordance with GEQA.
D. pursuant to AB 52, before release of the Mitigated Negative Declaration for this project, the City contacted all Galifornia Native American tribes on the Gity's AB 52 contact list in association with the project.
E. The Gity received one request for consultation from Galifornia Native American tribes and consultation was subsequently concluded. No changes to the proiect were required as a result of the consultation.
F. The GityGouncil has considered the lnitial Study, the proposed Mitigated Negative Declaration and all comments received during the public review process before making a decision regarding the project.
G. The Mitigated Negative Declaration reflects the independent judgement and analysis of the City of Folsom.
H. The lVlitigated Negative Declaration has determined that the proposed proiect would not have a significant effect on the environment with the required with the required mitigation measures and the conditions of approval on the project. l. Onthe basis of the whole record, there is no substantial evidence that the project will have a significant effect on the environment with the required mitigation measures and the conditions of approval on the proiect.
Land Use Gompatibility Finding:
J. As conditioned, the proposed crematory is appropriate as an accessory use to the existing cemetery.
Gonditional Use Permit Finding:
K. As conditioned, the establishment, maintenance and operation of the use applied for will not, under the circumstances of this particular case, be detrimental to the health, safety, peace, morals, comfort, and generalwelfare of persons residing or working in the neighborhood, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Gity, as the proposed project will not have negative impacts to nearby commercial or residential uses that have not been mitigated.
Additionalty, the conditions in the staff report Attachment 2 starting on page 514 as presented io the Historic District Gommission, Gonditions No. {-30, with the addition of new condition No. 31.
New condition 31 would read:
,,3i. A Davis lnstruments Vantage Vue, Vantage Pro2 or similar weather station shall be installed on the shed on which the crematory machine is proposed prior to installation of the crematorium to the satisfaction of the Gommunity Development Department." Approued 06//4/ 2022
Book 76 Page245
Folsom City Council
May 10,2022
Gity Attorney Steven Wang reminded the Gity Gouncil that lf the Gouncil were to approve thii motion, the Gouncil will also be approving the Initial Study and Mitigated Negative Declaration.
There was more discussion and clarification between the City Council and staff on requiring the applicant to install a weather station. Vice Mayor Rosario Rodriguez recommended that the motion not include requiring the applicant to install a weather station because it is not a requirement of the Air Quality Management District for other crematoriums. Councilmember YK Chalamcherla concurred. Community Development Director Pam Johns confirmed that a condition requiring the applicant to install a weather station will not be a part of the approval.
Motion carried with the following roll call vote:
AYES: Councilmember(s): Chalamcherla, Rodriguez, Howell NOES: Gouncilmember(s): Aquino, Kozlowski
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
OLD BUSINESS:
20. Resolution No. 10831 - A Resolution of the City Council of the City of Folsom Approving an Affordable Housing Loan in the Amount of $588,265.55 to Bidwell Place, LP for Construction of the 7S-unit Bidwell Place Affordable Multifamily Project, and Appropriation of Funds
Mayor Kerri Howell announced that she needed to recuse herself from this item due to leasing property within 500 feet of the project location. She left the room for the duration of this agenda item.
Community Development Director Pam Johns made a presentation and responded to questions from the City Council.
Motion by Gouncilmember Sarah Aquino second by Councilmember Mike Kozlowski, to approve Resolution No. 10831'
Motion carried with the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Gouncilmember(s): Aquino, Ghalamcherla, Rodriguez, Kozlowski Councilmember(s): None
Councilmember(s): Howell (recused)
Councilmember(s): None
Mayor Kerri Howell returned to the dais.
Councilmember Sarah Aquino asked that the 10:30 rule be waived in order to continue the meeting.
Motion by Councilmember Sarah Aquino second by Vice Mayor Rosario Rodriguez to waive the 10:30 rule.
Approued 06/ /4/2022
Book76 Page246
Folsom City Council
May 10,2022
Motion carried with the following roll call vote:
AYES: Councilmember(s): Aquino, Chalamcherla, Kozlowski, Rodriguez, Howell NOES: Councilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Councilmember(s): None
NEW BUSINESS:
21 . Ordinance No. 1326 - An Uncodified Ordinance of the City of Folsom Approving the Folsom Police Department's Military Equipment Use Policy in Compliance with Assembly Bill481 (lntroduction and First Reading)
Police Lieutenant Brian Lockhart made a presentation
Motion by Gouncilmember Sarah Aquino second by Gouncilmember YK Ghalamcherla, to introduce and conduct the first reading of Ordinance No. 1326.
Motion carried with the following roll callvote:
AYES: Gouncilmember(s): Aquino, Chalamcherla, Kozlowski, Rodriguez, Howell NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
22. Consideration of Letter in Response to Demand Letter Received from Scott Rafferty Regarding Alleged Non-Compliance with the Brown Act
Motion by Gouncilmember Mike Kozlowski second by Gouncilmember YK Ghalamcherla, to continue to comply with the Brown Act.
Motion carried with the following roll call vote:
AYES: Councilmember(s): Aquino, Ghalamcherla, Kozlowski, Rodriguezn Howell NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
CITY MANAGER REPORTS:
City Manager Elaine Andersen announced that Folsom was named in the top 50 livable small cities in the United States by the Personal Finance website. She congratulated Folsom businesses and apartment communities for diverting food waste from landfills and explained that voters can drop off their ballots at the ballot drop box location at City Hall or the vote center at the Community Center.
Approued 05//4/2022
Book 76 Page247
Folsom City Council
May 10,2022
CITY GOUNCIL GOMMENTS:
Vice Mayor Rosario Rodriguez commented regarding her positive experience on the recent Cap to Cap trip. Mayor Kerri Howell responded with her past experiences on that trip.
Councilmember YK Chalamcherla spoke of the recent School Board/City Council Two by Two meeting and the Golden State Regional Scouts Council meeting he attended. He stated that he will also be attending the City Leadership Summit. He commented about attending the upcoming City Works Day and thanked staff for all their hard work.
Councilmember Mike Kozlowski commented regarding the recent SACOG Policy and lnnovation meeting he attended and the Vista Del Lago Varsity track meet and their 8th consecutive win.
Mayor Kerri Howell spoke of the continuing construction of the Southeast Connector segment and the recent Regional Transit meeting. She encouraged everyone to drive safely.
ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Kerri Howell adjourned the meeting at 10:44 Pm.
SUBMITTED BY
Lydia opka, Deputy City Clerk
ATTEST
Kerri Howell, Mayor
Approued 06/ /4/2022