Folsom City Council
August 23, 2022

08/23/2022 Item No.17.

Section 1.05. No District or Citv Liabilitv; Discretion: No Effect on C)ther Aqreements. In no event shall any actual or alleged act by the District or the City or any actual or alleged omission, negligence, or failure to act by the District or the City with respect to the performance of its obligations hereunder subject the District or the City to any liability therefor, whether monetary or otherwise (except only as to pay any amounts available and payable hereunder from Available CFD 23 Proceeds). Further, nothing in this Agreement shall be construed as affecting the Developer's or the City's duty to perform their respective obligations under any other agreements between the parties hereto, or the City's enforcement of applicable laws, ordinances, rules, policies and regulations pertaining to public improvement standards and/or specifications, as well as land use and subdivision requirements related to the Project, all of which are and shall remain independent of the Developer's and the City's rights and obligations under this Agreement.

ARTICLE II

DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Lettine and Administering Design Contracts. The Developer has awarded and administered, or will award and administer, or through the City has advanced funds for the engineering design contracts for the Acquisition Improvements to be acquired from Developer.

All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the City or directly to the design consultant) incurred prior to the Effective Date, as identified on s!i[!!! attached hereto, shall be reimbursed at the time of the first Bond sale, and, thereafter, all additional, eligible design engineering and related costs shall be reimbursed at the time of acquisition of the Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of the acquisition of Acquisition Improvements.

Section 2.02. Lettine and Administration of Construction Contracts: Indemnification.

Developer agrees to comply with City requirements with respect to contracting for the construction of the Acquisition Improvements. The Developer agrees that all the contracts shall call for compliance with all provisions of the prevailing wage law for "public works" as required by the Labor Code of the State of California and shall require all work to be performed by licensed general contractors. The Developer's indemnification obligation set forth in Section

3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, andlor applicable State laws regarding public contracting and prevailing wage laws applicable to public works.
(a) Plans andSpecifications. The Developer represents and covenants that it has obtained or will obtain approval of the plans and specifications for the Acquisition Improvements from all appropriate departments of the City and from any other public entity or public utility from which such approval must be obtained, prior to construction. The Developer further covenants that the Acquisition Improvements will be constructed in full compliance with such approved plans and specifications and any change orders thereto, as approved in the same F:[gStsU4t{&vqgUg9\ENGINEER|Nc\condilions
& stafi RBports\FPA - Toll Brothers
atFolsom Ranch\Toll Brohss cFD 23 No 3 Acquisilion & shoilfall Agresm8nt\,Acquisiton and Shorfall Agr€sment CFD 23 lA3 (Attachment 2).DOC
6

08/23/2022 Item No.17.
manner, and the adopted City Standard Construction Specifications and Improvement Standards.

The Developer shall submit copies of all plans and specifications to the Director or his/her designee.
(b) CEQA. The Developer covenants that it has complied or will comply with the California Environmental Quality Act in conjunction with the construction of the Acquisition Improvements and their conveyance pursuant to the terms set forth herein. (c) Inspection. The Developer covenants that the City, and other public entities or public utilities to whom any of the Acquisition Improvements will be conveyed, will be permitted to inspect the Acquisition Improvements using the same standards which would be applied to a public works project.
(d) Insurance. With respect to the construction of the Acquisition Improvements, the Developer shall furnish to City a certificate or certificates of insurance, with an insurance carrier acceptable to City and in a form satisfactory to the City Attorney, evidencing insurance coverage consistent with Elbit D attached hereto. (e) Performance and Payment Bonds. Except as otherwise provided herein, the Developer covenants to comply with all applicable performance, labor and materials and completion bond requirements of the City with respect to the construction of the Acquisition Improvements. To the extent bonds are required, Developer further covenants and agrees to execute and deliver or otherwise cause to be provided to City, prior to construction and in forms acceptable to the City Attorney, a faithful Performance Bond in the amount of 100% of the estimated cost of the Acquisition Improvements and a Labor and Materials Bond in the amount of 100% of the estimated cost of the Acquisition Improvements, from a bonding company with an A.M. Best rating of at least "A-" or its equivalent. Such bonds shall only be released upon full completion of the Acquisition Improvements, the City's written acceptance of the Acquisition Improvements, and payment of all persons furnishing labor and materials.

Section 2.03. Sale of Acquisition Improvcmcnls. The Developer agrees to sell to the City each of the Acquisition Improvements to be constructed by Developer (including any rights- of-way or other easements necessary for the Acquisition Improvements, to the extent not already owned by the City), when each of the Acquisition Improvements is completed to the satisfaction of the City and accepted by the City Engineer in writing for an amount not to exceed the lesser of (i) the Available CFD 23 Proceeds and (ii) the Actual Cost of the Acquisition Improvement(s), increased from and after the completion of the Acquisition Improvements until paid in full based on the annual increase, if any, in the CCI from such completion to date of payment (the "Acquisition Price"). Notwithstanding any provision to the contrary, the Developer understands that the Available CFD 23 Proceeds for the acquisition of the Acquisition Improvements may not be sufficient to reimburse the Developer for all of the costs and expenses constructing the Acquisition Improvements, or otherwise finance said improvements. Accordingly, Developer understands and acknowledges that any shortfall in the amount of Available CFD 23 Proceeds for the construction and completion of the Acquisition Improvements, unless otherwise provided in a separate agreement (e.g. the funding of costs under an acquisition agreement relating to another improvement area within the Folsom Plan Area), is the Developer's sole responsibility, and that this Agreement solely provides for the payment of the Acquisition Price from the n:FqW4tX/$v9gZg9\ENGINEER|Nc\Condilions
& Staff R€ports\FPA - Totl Brothors
atFolsom Ranch\Toll Broth€rs cFD 23 No 3 Acquisilion & shortlallAgreement\Acquisilion and Shorfall Agreem€ntCFD 23 lA3 (Attachmenl2).DOC
7

08/23/2022 Item No.17.

Available CFD 23 Proceeds, or from any proceeds that may become available for such payment through the SPIF Program (as defined herein) for an Acquisition Improvement included in the SPIF Program. [ACQUISITION IMPROVEMENTS ARE ALSO EXPECTED TO BE ELIGIBLE I.INDER THE ACQUISITION AGREEMENT FOR IA-7]
$[![!!3\, attached hereto and incorporated herein, contains a list of the Acquisition Improvements. Portions of the Acquisition Improvements eligible for Installment Payments prior to completion of the entire Acquisition Improvements are described as eligible, discrete and usable portions in $[![!!! (each, an "Eligible Portion"). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the City Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the City Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eligible work, the City Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the City Engineer may update the Actual Cost Certificate to revise or delete any disallowed items and the determination shall be subject to appeal to the Director, whose determination shall be final.

Certain soft costs for the Acquisition Improvements, such as civil engineering, may have been incurred pursuant to single contracts that include work relating also to the private portions of the Project or to multiple Acquisition Improvements. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the City Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Soft costs will be allocated to each Acquisition Improvement as approved by the City Engineer. The costs of environmental mitigation required to mitigate the impacts of the public and private portions of the Project will be allocated to each Acquisition Improvement as approved by the City Engineer. Pursuant to Section 2.01, all eligible expenditures of soft costs in connection with the Acquisition Improvements (whether as an advance to the City or directly to the design consultant) incurred prior to the Effective Date, as identified in s[!!j!p, attached hereto, shall be reimbursed at the time of first Bond sale, and, thereafter, all additional, eligible soft costs shall be reimbursed at the time of acquisition of the Acquisition Improvements.

Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for each Acquisition Improvement shall in every case be conditioned first upon the determination of the City Engineer that the Acquisition Improvement satisfies all City construction standards and specifications, rules, policies, regulations and ordinances and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) Lien Releases. The Developer shall have provided the City with lien releases or other similar documentation satisfactory to the City Engineer as evidence that none of the property (including any rights-of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already owned by the Cify) B F9)ygg4q,$"tZUg9ENGINEER|Nc\condilions & Staff Reports\FPA - Toll Brothers at Folsom Ranch\Toll Erolhers CFD 23 No 3Acquisition & shortlallAgreem€nMcquisiton and Shorffall Agreem€ntcFD 23 lA3 (Athchm€nt2).DoC
8

08/23/2022 Item No.17.
comprising the Acquisition Improvement, and the property which is subject to the special taxes of the Community Facilities District, is subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) Payment of Taxes. The Developer shall be current in the payment of all due and payable general property taxes, and all special taxes of the Community Facilities District, on property owned by the Developer or under option to the Developer within the Community Facilities District.
(c) Certification No Loan Default. The Developer shall certifu that it is not in default with respect to any loan secured by any interest in the Project. (d) Title Documents. The Developer shall have provided the City with Title Documents needed to provide the City with Acceptable Title to the site, right-of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the City Attorney and shall convey Acceptable Title.

The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the City Attorney insuring the City as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the City and the Developer. Each title insurance policy required hereunder shall be in the amount equal to the Acquisition Price. The amount paid to the Developer or its designee upon satisfaction of the foregoing conditions precedent shall be the Acquisition Price less all Installment Payments paid previously with respect to the Acquisition Improvement. (e) Retention for Punch List Work. In the case of a completed Acquisition Improvement suitable for public use, but for which certain punch list work remains to be completed prior to formal acceptance by the City, the City shall retain from the payment of any Acquisition Price for such Acquisition Improvement the amount of one hundred and fifty percent (150%) of the value of punch list work not completed. Upon payment and acceptance of the Acquisition Price, less the retention for any punch list work, for each completed Acquisition Improvement or portion thereof, Developer shall have no further claim for payment from the City with respect to the retentions until completion of the punch list work. The City shall hold the retention amount on all Acquisition Improvements acquired until the punch list work is completed and accepted by the City. Provided, however, in any event, the City will not pay for the acquisition of any completed Acquisition Agreement or portion thereof unless and until the street, drainage or other utility rights of way where they are located have been irrevocably offered to the City for dedication and the remaining conditions precedent to payment under this Section 2.04 are satisfied.
(f) Warrantv Bond. The Developer shall provide to City a warranty bond equal to l0%o of the Actual Cost of the Acquisition Improvement. Commencement of the one- year warranty period shall start at the time of City's formal acceptance of the Acquisition Improvements in writing.

Section 2.05. Payment for Eligible Portions. The Developer may submit an Actual Cost Certificate to the City Engineer with respect to any Eligible Portion. Payment to the Developer or its designee from the Acquisition and Construction Fund andlor SPIF Set-Aside Fund of an B'lcajg8qq&r92qggENGlNEERlNG\condilions
& staff Reports\FPA - roll Brolhers
at Folsom Ranch\Toll Brolhers cFD 23 No 3 Acquisition & shortlall Agr€ement\Acquisiton and Shorfall Agreem€ntCFD 23 lA3 (Athchment2).DOC
9

08/23/2022 Item No.17.

Installment Payment with respect to such Eligible Portion shall in every case be conditioned first upon the determination of the City Engineer, that the Eligible Portion has been completed in accordance with all applicable plans and City construction standards and specifications, rules, policies, regulations and ordinances and is otherwise complete and, where appropriate, is ready for acceptance by the City, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the City with lien releases or other similar documentation satisfactory to the City Engineer as evidence that the property (including any rights-of-way or other easements necessary for the operation and maintenance of the Eligible Portion, to the extent not already owned by the City) comprising the Eligible Portion is not subject to any prospective mechanics lien claim respecting the Eligible Portion. (b) The Developer shall be cunent in the payment of all due and payable general property taxes, and all special taxes of the Community Facilities District, on property owned by the Developer or under option to the Developer within the Community Facilities District.
(c) The Developer shall have provided the City with Title Documents needed to provide the City with Acceptable Title to the site, right-of-way, or easement upon which the subject Eligible Portion is situated. All such Title Documents shall be in a form acceptable to the City Attorney and shall be sufficient, upon completion of the Acquisition Improvements of which the Eligible Portion is a part, to convey Acceptable Title to the Eligible Portion. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the City Attorney insuring the City as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the City and the Developer. Each title insurance policy required hereunder shall be in the amount equal to the Installment Payment for the Eligible Portion. (d) Payment and performance bonds, from a bonding company with an A.M.

Best rating of at least "A-" or its equivalent, applying to plans, standards and specifications for the Acquisition Improvements approved by the City Engineer, shall be in place to secure completion of the Acquisition Improvements of which the Eligible Portion is a part. As an alternative thereto, Developer may ask the City to retain and reserve the amount of funds in the Acquisition and Construction Fund equal to the estimated cost to complete such Acquisition Improvements in the manner described in Section 2.02(e) above. (e) The amount paid to the Developer or its designee upon satisfaction of the foregoing conditions precedent shall be the "Installment Payment" with respect to the Eligible Portion.

Section 2.06. Disbursement Request Form. Upon a determination by the City Engineer to pay the Acquisition Price of an Acquisition Improvement pursuant to Section 2.04 or to pay an Installment Payment for an Eligible Portion thereof pursuant to Section 2.05, the City Engineer shall cause a Disbursement Request Form substantially in the form affached hereto as Exhibit C to be submitted to the CFD Administrator for payment from the Acquisition and Construction Flca$B4q,S"glUg.dENGlNEER|Nc\condilions
& Staff Reports\FPA - Toll Brothgrs
at Fol$m Ranch\Toll BrohersCFD 23 No 3 Acquisilion & ShortlallAgr€ement\Acquisilion and shorfall AgreementCFD 23 lA3 (Attachm€nt2).DoC
10

08/23/2022 Item No.17.

Fund, up to the Acquisition Price or Installment Payment amount, and the CFD Administrator shall authorize such payment directly to the Developer or its designee of the authorized am Section 2.07. Limitation on Oblieations. Notwithstanding any provision to the contrary, in no event shall the District, the Authority or the City be required to pay the Developer or its designee more than the amounts held in the Acquisition and Construction Fund for the Acquisition Improvements under this Agreement.

Section 2.08. Warranties: Maintenance. Developer warrants the Acquisition Improvements as to materials and workmanship and should any failure due to faulty design or materials of the Acquisition Improvements or any parts thereof occur within a period of one (1) year after formal acceptance of the completed Acquisition Improvements by the City in writing, Developer shall promptly cause the needed repairs to be made at its sole cost and expense, without any expense or cost to City and without further reimbursement from the City. Developer shall provide to City, at the time of submittal of each payment request, a warranty bond equal to 10% ofthe value of each Acquisition Improvement.

City is hereby authorized to make repairs if Developer fails to make, or undertake with due diligence, the aforesaid repairs within twenty (20) calendar days after it is given written notice of such failure. In case of emergency where delay would cause serious hazard to the public, the necessary repairs may be made by City without prior notice to Developer. In all cases of failure of the Acquisition Improvements within the warranty period where the City has taken action in accordance with this paragraph, Developer shall reimburse City for any and all costs or expenses, direct and indirect, incurred by the City within thirty (30) calendar days of receiving invoice from the City. If the Developer fails to timely pay such reimbursement, the City may recover such costs or expenses from any and all Available CFD 23 Proceeds in the Acquisition and Construction Fund, in addition to any and all remedies at law or in equity.

Any warranties, guarantees or other evidence of continuing obligations of third persons with respect to any Acquisition Improvement to be acquired by the City shall be delivered to the Director as part of the conveyance of the Acquisition Improvement. No later than the time for such conveyance, the Developer shall veriff and confirm existence of a funding mechanism acceptable to City for the ongoing maintenance of the Acquisition Improvements in accordance with applicable City standards, policies and ordinances and for such periods as are required by applicable City standards, policies and ordinances.

ARTICLE III

MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless. The Developer hereby assumes the defense of, and indemnifies and saves harmless the City, the Authority, the District, and their respective officers, directors, employees and agents (collectively, the "Indemnitees"), from and against all actions, damages, claims, losses or expenses of every type and description including but not limited to personal injury, or bodily injury including death, as well as from claims for property damage which may arise from the operations of the Developer or its contractors, $'PyUgqqBrqrUg.UENGlNEER|NG\Condilions
& statl R€ports\FPA - Toll Brotr€rs
atFolsom Ranch\Toll Brothers cFD 23 No 3 Acquisilion & shorlfallAgr€smenMcquisilion and shorfall AgrssmentcFD 23 lA3 (Attachment2).Doc
l1

08/23/2022 Item No.17.
subcontractors, agents, or employees, to which the Indemnitees may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its contractors, subcontractors, agents or employees arising out of any contract for the design, engineering and construction of the Acquisition Improvements entered into by or for the Developer, or arising out of any alleged misstatements of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the District's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the District financing (Developer hereby acknowledges that it has been furnished a copy of the official statement for the District and has not objected thereto). Nothing in this Section 3.01 shall limit in any manner the City's rights against any of the Developer's architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnifl, the Indemnitees for any wrongful acts, willful misconduct, active negligence or omissions to act of the Indemnitees. It is understood that the duty of Developer to indemnifu and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of any insurance certificates or endorsements does not relieve Developer from liability under this indemnifrcation and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Developer acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. The foregoing indemnity obligation of the Developer shall survive the termination or expiration of this Agreement.

Section 3.02. Audit. The City shall have the right, during normal business hours and upon the giving of ten days'written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement pursuant to this Agreement) in constructing the Acquisition Improvements.

Section 3.03. Cooperation. The City and the Developer agree to cooperate with respect to the completion of the financing of the Acquisition Improvements by the District through the levy of the Special Taxes and issuance of Bonds. The City and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.

Section 3.04. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that the consent, approval or acceptance not be unreasonably withheld or delayed, unless the provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.

B'l9JUtqq,S"92ryDENGlNEERING\condilions & staff Reports\FPA - roll Brothers at Folsom Ranch\Toll BrothorsCFD 23 No 3 Acquisilion & shortlall Agreement\Acquisition and Shorfall AgreemsntCFD 23 lA3 (Attachment2).Doc
l2

08/23/2022 Item No.17.

Section 3.05. Third Partv Beneficiaries. It is expressly agreed that there are no third party beneficiaries of this Agreement, including without limitation any owners of Bonds, any of the City's, District's or Developer's contractors for the Acquisition Improvements and any of the City's, District's or the Developer's agents and employees.

Section 3.06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the City from any condition of development or requirement imposed by any other agreement between the City and the Developer, and, in the event of a conflicting provision, the other agreement shall prevail unless the conflicting provision is specifically waived or modified in writing by the City and the Developer.

Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be mailed or e-mailed to:

Either pafi may change its address by giving notice in writing to the other party.

Section 3.08. Severabilitv. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.

Section 3.09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California. Any action brought relating to this Agreement shall be held exclusively in a state court in the County of Sacramento.

Section 3.10. Waiver. Failure by aparty to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by aparty to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement.

B'FgjBB4qiS"9flg.t\ENGINEER|Nc\conditons
& shff Reports\FPA - Toll Brohers
atFolsom Ranch\Toll Bro$ersCFD 23 No 3 Acquisilion & Shortlall Agr€€mentlqcquisilion and shorfall Agr€ementCFD 23 lA3 (Attachment2).Doc
If to the City
Chief Financial Officer
City of Folsom
50 Natoma Street
Folsom, CA 95630
E-mail : [email protected]
With a copy to
City Attorney
City of Folsom
50 Natoma Street
Folsom, CA 95630
E-mail : [email protected]
If to the Developer:

Toll West Inc. doing business as
Toll Brothers West Inc.

I l0 Woodmere Road, Suite 120
Folsom, CA 95630
Attention: Greg Van Dam, P.E.

E-mail: [email protected]
With a copy to
O'Neil LLP
19900 MacArthur Blvd., Suite 1050
Irvine, C492612
Attention: Sandra A. Galle
E-mail : [email protected]
13

08/23/2022 Item No.17.

Section 3.1l. Sinsular and Plural; Gender. As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.

Section 3.12. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.

Section 3.13. Successors and Assisns. This Agreement is binding upon the heirs, assigns and successors-in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to successors-in-interest to the property within the District, without the prior written consent of the City, which consent shall not be unreasonably withheld.

Section 3.14. Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, and therefore the Developer hereby waives any and all claims for damages against the City and its officers, agents and employees for breach of this Agreement. This waiver of damages by Developer shall not preclude any action by Developer to specifically enforce the obligations of the City hereunder to review and approve for acceptance and acquisition the Acquisition Improvements constructed by Developer in accordance with the terms hereof and to process applications for payment with the CFD Administrator for payment to Developer from the Acquisition and Construction Fund of the approved Acquisition Price for each of the Acquisition Improvements completed by Developer.

The parties further acknowledge that damages are not a remedy under this Agreement, and thus, while in general each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, .the City shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer. The Developer may, without any claim for damages of any kind, in addition to other rights or remedies, institute an action to cure, coffect, specifically enforce or remedy any default in the processing of the payments to the Developer specified in this Agreement. Subject to the foregoing, the Developer covenants not to sue for or claim any damages for any alleged breach of, or dispute which arises out of, this Agreement.
[Remainder of Page Intentionally Blank; Signature Page Follows] F,FgjUg4\,9"9ZUg.ryNGlNEER|NG\condilions & starf R€ports\FPA - Toll Brothers atFolsom Ranch\Toll Brothss CFD 23 No 3Acquisilion & Shorffall Agrs€m€nt\Acquisilion and shorffall Agre€m€ntCFD 23 lA3 (Attachm€nt2).Doc
l4

08/23/2022 Item No.17.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.

DEVELOPER:

Toll West Inc. doing business as
Toll Brothers West Inc.o
a Delaware corporation
Name
CITY:

CITY OF FOLSOM, A Municipal Corporation:

By:

Name:

Its
Its:

By:

Date
ATTEST:

Elaine Andersen, City Manager
FTINDING AVAILABLE:

Christa Freemantle, City Clerk Stacey Tamagni, Chief Financial Officer ORIGINAL APPROVED AS TO CONTENT: ORIGINAL APPROVED AS TO FORM Pam Johns, Director
Community Development Department
Steven Wang, City Attomey
B:fgj'dB4$ryvgDTt\ENGINEERING\condilions & staff R€ports\FPA - Toll Brolhers at Folsom Ranch\Toll BroherE CFD 23 No 3 Acquisilion & Shorffall Agre8ment\Acquisilion and Shorfall Agroement C FD 23 lA3 (Athchment 2). DOC
15

08/23/2022 Item No.17.

CERTIF'ICATE OF'ACKNOWLEDGMENT pursuant to Civil Code, Section 1189' must be provided.

A certificate of acknowledgment in accordance with the provisions of California Civil Code section I 189 must be attached for each person executing this agreement on behalf of Developer This section provides, atpart (b): "Any certificate of acknowledgment taken in another place shall be sufficient in this state if it is taken in accordance with the laws of the place where the acknowledgment is made."
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness' accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF SACRAMENTO
On
--
before Ino, r Notary Public,
personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certiff under PENALTY OF PEzuURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Signature (Seal)
B,lcajBS4q/S"tZgg.r\ENGINEERING\conditons
& slaff R€ports\FPA - roll Brothors
at Folsom Ranch\Toll ErofterscFD 23 No 3 Acquisilion & ShortfallAgro€ment\Acquisition and Shorfiall Agr€€mentcFD 23 lA3 (Attachmsnt 2).00C
)
)ss
)
16

08/23/2022 Item No.17.

EXHIBIT A TO THE ACQUISITION AGREEMENT

DESCRIPTION OF ACQUISITION IMPROVEMENTS AND ESTIMATED AMOUNTS ACQUISITION IMPROVEMENTSl ESTIMATED AMOUNTS

1. Roadwaylmprovements
(a) Mangini Parkway, including the Mangini Parkway/Alder Creek Bridge (b) East Bidwell Parkway
(c) OakAvenue
(d) lnternal subdivision streets and related underground utilities, including specifically the Regency Parkway/Alder Creek Bridge
(e) other public roadway improvements designed to meet the needs of development within CFD 23
(f) Traffic Signals
(e) Soft Costs
SzT,ooo,ooo
ss,200,000
ss,s0o,o00
s124,000,000
sT,ooo,ooo
TBD/lncl. above
s17,000,000

2. Water Svstem Improvements
All water facilities designed to meet the needs of development within CFD 23, including:
(a) water storage, treatment and distribution facilities including waterlines and appurtencances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto such as site clearing, grading and paving; curbs and gutters;
(b) booster pump stations;
(c) stand-bygenerators;
(d) site lighting, drainage, sanitary sewer, and water service; (e ) landscaping and irrigation;
(d) access gates, and fencing; and striping and signage.

TBD/lncl. above
TBD/lncl
TBD/lncl
TBD/lncl
TBD/lncl
TBD/lncl
above
above
above
above
above
#195684v3 9223.2 A-1

08/23/2022 Item No.17.
3, Rccvcl€d Water Svstem lmprovem€nts
Any and all recycled water system facilities designed to meet the needs of development within CFD 23, including:
(a) treatment and distribution facilities including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving, curbs and gutters;
(b) booster pump stations;
(c) stand-bygenerators;
(d) site lighting, drainage, sanitary sewer, and water service; (e ) landscaping and irrigation;
(d) access gates, and fencing; and striping and signage.

TBD/lncl. above
TBD/lncl. above
TBD/lncl. above
TBD/lncl. above
TBD/lncl. above
TBD/lncl. above
Any and all drainage and storm drain improvements designed to meet the needs of development within CFD 23, including:
(a) excavation and grading, pipelines and appurtenances, outfalls and water quality measures, detention/retention basins, drainage pretreatment facilities, drainage ways/channels, pump stations, landscaping and irrigation; and access roads, gates, and fencing; and striping and signage and other improvements related thereto.

4. Drainage Systcm lmprovoments
TBD/lncl. above

5. Wastewater Sv3tem lmprovements
Any and all wastewater facilities designed to meet the needs of development within CFD 23, including:
(a) pipelines and all appurtenances thereto;
tb) manholes;
{c) tie-in to existing main line;
(d) force mains;
(e) lift stations;
(f) odor-control facilities; and
(C) permitting related thereto; and related sewer system improvements.

TBD/lncl. above
TBD/lncl. above
TBD/Incl. above
TBD/lncl. above
TBD/lncl. above
TBD/lncl. above
TBD/lncl. above
#195684v3 9223.2 A-2

08/23/2022 Item No.17.
6, Ptrk, Farkwav, and Open Space lmprovements
Any and all improvements to parks, parkways and open space required for development within CFD 23, including:
(a) grading, turf, shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing (including soundwalls), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements; (b) recreation center and amenities;
(c ) acquisition of any and all parkland as well as open space/bike trail/public access easements required for development within CFD 23.

Footnotes:

TBD/lncl. above
S2o,ooo,ooo
TBD/lncl. above

7. Specifc Plan lnfrastructure Fee and lnfrastructure
The Specific Plan lnfrastucture Fee as well as any and all improvements that are in the Specific Plan lnfrastructure Fee Program adopted by the City Council on September 8,2O!5, including any future amendments thereto.

By way of example, Developer may inlcude fee advances for Set Aside Fees, Roadways or Water System lmprovements.
s32,800,000
tNote: For this Agreement, Acquisition lmprovements Limited to Authorized Facilities described in the Resolution of Formation for CFD 23, and components thereof
#195684v3 9223.2 A-3

08/23/2022 Item No.17.

EXHIBIT B TO THE ACQUISITION AGREEMENT

DESCRIPTION OF ELIGIBLE PORTIONS
oF ACQUTSITTON IMPROVEMENTS,

INCLUDING RELATED DESIGN COSTS
[Nonel
#195684v3 9223.2 B-l

08/23/2022 Item No.17.

EXHIBIT C TO THE ACQUISITION AGREEMENT

DISBURSEMENT REQUEST F'ORM
(Acquisition Improvement or Eligible Portion)
To: Folsom Ranch Financing Authority CFD Administrator (Community Facilities District No. 23) Improvement Area No. 3
Attention
E-mail:

Phone:

Re Community Facilities District No. 23, Improvement Area No. 3 Disbursement
The undersigned, a duly authorized officer of the Developer, hereby requests a withdrawal from the City of Folsom Community Facilities District No. 23 Acquisition and Construction Fund, as follows:

Request Date: [Insert Date of Request]
Withdrawal Amount: [Insert Acquisition Price/Installment Payment] Acquisition Improvements [Insert Description of Acquisition Improvement(s)/Eligible Portion(s) from Exhibit Al
Payment Instructions: [Insert Wire Instructions or Payment Address for Construction Lender, or Developer or other Developer
designee provided by the Developer after termination of direct payments to Construction Lender per Section 2.07] The undersigned hereby certifies as follows
The Withdrawal is being made in accordance with a permitted use of the monies pursuant to the Acquisition Agreement and the Withdrawal is not being made for the purpose of reinvestment.

None of the items for which payment is requested have been reimbursed previously from the Acquisition and Construction Fund.

If the Withdrawal Amount is greater than the funds held in the Acquisition and Construction Fund, the CFD Administrator is authorized to pay the amount of such funds (excluding any amounts being retained therein as directed by the City in lieu of Performance and Payment Bonds and/or for punch list work) and to pay remaining amount(s) as funds are subsequently deposited in and/or become available for payment from the Acquisition and Construction Fund, should that occur.
#195684v3 9223.2 c-t

08/23/2022 Item No.17.

Developer:
[Name of Developerl
Authorized Representative
Approved By:

City of Folsom
City Engineer
#1,95684v3 9223.2 c-2

08/23/2022 Item No.17.

EXHIBIT D TO THE ACQUISITION AGREEMENT

INSURANCE REQUIREMENTS
NOTE: The word "Consultant" in this Exhibit refers to either "Consultant", "Developer" or "Contractor" as the term is used in the Agreement/Contract to which this Exhibit is attached.

A. During the term of this Agreement, Consultant shall maintain in full force and effect at all times during the term of the contract, at its sole cost and expense, policies of insurance as set forth herein:
l. General Liability:
a. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. b. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
c. Claims-made coverage is not acceptable.
d. The limits of liability shall not be less than:

Each occurrence: One Million Dollars ($1,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) e If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the 'each occurrence' limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject ofthe contract.
f. If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the 'each occurrence' limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract.
g. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

2. AutomobileLiability:
a. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles.
b. Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol I (any auto).
#195684v3 9223.2 D-t

08/23/2022 Item No.17.
c. The limits of liability per accident shall not be less than:

Combined Single Limit One Million Dollars ($1,000,000)
d. If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General Liability policy shall include an endorsement providing automobile liability as required above.

3. Workers' Compensation
a. Workers' Compensation Insurance, with coverage as required by the State of Califomia (unless the Consultant is a qualified self-insurer with the State of Califomia), and Employer's Liability coverage.
b. Employer's Liability Coverage with a limit not less than $1,000,000 per accident for bodily injury and disease.
c. Consultant shall sign and file with the City department responsible for this Agreement/Contract the Worker's Compensation Certificate contained in the Project Manual.

4. Insurance Required in the Supplementary Conditions: Consultant shall be required to comply with all conditions as stipulated in the Standard Construction Specifications, any supplementary conditions and any special provisions as applicable.

5. Professional Liabilit)r lnsurance: If required, errors and omissions, malpractice or professional liability insurance with coverage of not less than $1,000,000 per occuffence.

6. Other Insurance Provisions:
a. The Consultant's General Liability and Automobile Liability policies shall contain, or be endorsed to contain, the following provisions:
i. The City, its officials, employees, agents and volunteers shall be covered and specifically named as additional insureds on a separate endorsement as respects liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied, or used by the Consultant, or automobiles owned, leased, hired, or borrowed by the Consultant in a form acceptable to the City Attorney.
ii. The Endorsement requirement may be satisfied with express provisions in the insurance policy(ies) which identifies any person or entity required to be included as an insured under the policy. A copy of the declarations page identifying the policy number, and pertinent provisions in the policy providing additional insured coverage shall be provided to the City. iii. The policy shall contain no special limitations on the scope of coverage afforded to the City, its officials, employees, agents or volunteers. b. For any claims related to the project, the Consultant's General Liability and Automobile insurance coverage shall be primary insurance in their coverage of the City and its officers, officials, employees, agents, or volunteers, and any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
#195684v3 9223.2 D-2

08/23/2022 Item No.17.
c. Any failure to comply with reporting or other provisions of the policies on the part of the Consultant, including breaches of warranties, shall not affect coverage provided to the City; its officers, officials, employees, agents or volunteers.
d. The Consultant's Workers Compensation and Employer's Liability policies shall contain an endorsement that waives any rights of subrogation against the City, its officers, officials, employees, agents, and volunteers. e. Each insurance policy shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, non-renewed, or materially changed except after 30 days prior written notice by certified mail has been given to the City. Ten days prior written notice by certified mail shall be given to the City in the event of cancellation due to nonpayment of premium.

7. Acceptability of Insurers: Insurance is to be placed with insurers with a Bests' rating of no less than A:VII.

8. The Consultant shall furnish the City with Certificates of Insurance and endorsements or insurance binders, signed by a person authorized by the insurer to bind coverage on its behalf, evidencing the coverage required by this section, the Standard Specifications, Special Provisions and/or any Supplementary Conditions.

The Consultant shall furnish comnlete. certified copies of all reouired insurance nolicies. including orisinal endorsements snecifically required hereunder if reo uested.

9. The Consultant shall report, by telephone to the Project Manager within 24 hours, and also report in writing to the City within 48 hours, after Consultant or any Subcontractors or agents have knowledge of; any accident or occurrence involving death of or serious injury to any person or persons, or damage in excess of Ten Thousand Dollars ($10,000) to property of the City or others, arising out of any work done by or on behalf of the Consultant as part of the contract.

10. Such report shall contain:
a. the date and time ofthe occuffence,
b. the names and addresses of all persons involved, and c. a description of the accident or occuffence and the nature and extent of the injury or damage.

11. The City, at its discretion, may increase the amounts and types of insurance coverage required hereunder at any time during the term of the contract by giving 30 days written notice.

12. If the Consultant fails to procure or maintain insurance as required by this section, the Standard Specifications, and any Supplementary Conditions, or fails to furnish the City with proof of such insurance, the City, at its discretion, may procure any or all such insurance. Premiums for such insurance procured by the City shall be deducted and retained from any sums due the Consultant under the contract.

13. Failure of the City to obtain such insurance shall in no way relieve the Consultant from any of its responsibilities under the contract.
#195684v3 9223.2 D-3

08/23/2022 Item No.17.

14. The making of progress payments to the Consultant shall not be construed as relieving the Consultant or its Subcontractors of responsibility for loss or direct physical loss, damage, or destruction occurring prior to final acceptance by the City.

15. The failure of the City to enforce in a timely manner any of the provisions of this section shall not act as a waiver to enforcement of any of these provisions at any time during the term of the contract.

16. In the event Consultant carries Excess Liability Coverage, the Excess Liability Coverage shall apply to any and all claims related to the project on a primary and non-contributory basis, and the Crty's insurance or self-insurance coverage shall be excess to the Consultant's Excess Liability Coverage.
#195684v3 9223.2 D-4

08/23/2022 Item No.17.
r,.-tri.i:i't ,: : !t1 !
Folsom City Council
Staff rt

RECOMMENDATION / COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10904 - A Resolution Authorizing the City Manager to Execute a Design and Consulting Services Contract with Kimley Horn and Associates, Inc. for the Intelligent Transportation Systems (ITS) Master Plan Implementation Project, Federal Project No. 5288(052).

BACKGROUND / ISSUE
The City of Folsom's Intelligent Transportation System (ITS) Master Plan was originally developed in2004 to address traffic concerns related to the closing of Folsom Dam Road. The 2004 plan provided ITS deployment recommendations for a faffic management system focusing on Folsom Boulevard, Riley Street, and Folsom Auburn Road. Though the City did not completely execute the entire Plan as originally envisioned, the City has implemented many key ITS components since the Plan was developed including connecting many of the City's traffic signals using fiber optics, and traffic signal controller upgrades. In 2014, an update to the original plan was developed to clearly define the focus and direction for the ITS program moving forward. The continued maturity of the City's ITS program and ongoing evolution of technology requires the City to develop and deploy ITS elements that enhance the longevity and sustainability of the system. During this timeframe the City continued to invest in its Intelligent Transportation System, first by upgrading to a video traffic signal detection system on East Bidwell Street from US50 to Oak Avenue Parkway to capture High-Resolution traffic data that allows for software algorithms to use cloud-based data to recommend 1 MEETING DATE: 812312022
AGENDA SECTION: Consent Calendar
SUBJECT: ResolutionNo. 10904 - A Resolution Authorizing the City Manager to Execute a Design and Consulting Services Contract with Kimley Horn and Associates, Inc. for the Intelligent Transportation Systems (ITS) Master Plan Implementation Project, Federal Project No. s288(052)
FROM: Public Works Department

08/23/2022 Item No.18.
optimized signal timing, and later by installing backbone fiber optic communications along Empire Ranch Road and Broadstone Parkway as part of the 2019 Irafftc signal installation project, and creation of the Traffic Operations Center at City Hall. ln2019, the Sacramento Area Council of Governments (SACOG) partnered with the City of Folsom and seven other agencies to develop the Smart Region Sacramento: ITS Architecture and Future Technology Project (refened to as Smart Region Sacramento). This project updated the City's 2014 ITS Master Plan, and on a separate and related path, created a regional Concept of Operations to document the parameters in which the future regional system will be functional, define stakeholder roles and responsibilities, and outline data usage expectations.

The Smart Region Sacramento Plan has six key objectives that emerged as the most critical through the process. These six key objectives are 1) Accommodate different communities throughout the region (Urban, Suburban, Rural, Underserved),2) Adapt the Region to New Technology, 3) Achieve Consistency and Reliability for all Modes, 4) Increase Safety, 5) Improve Traveler Information Dissemination, 6) Improve Disaster Preparedness. A portion of this project will explore data sharing opportunities to pursue these regional objectives.

OnDecember8,2020,City Council adoptedResolutionNo. 10571 - AResolutionAuthorizing Staff to Submit Grant Applications to the Sacramento Area Council of Governments for the 2020-21Funding Round. One of the projects submitted and selected to receive funding was the Intelligent Transportation Systems (ITS) Master Plan Implementation Project.

Staff publicly advertised a Request for Proposals to provide Professional Engineering Services on May 24,2022, and received one proposal on June 20,2022. The sole proposal was received from Kimley-Horn and Associates, Inc. (Kimley Horn) in the amount of $878,31 1.87. Kimley Horn developed the City of Folsom 2004 ITS Master Plan,2014ITS Master Plan, 2019 ITS Master Plan, and the SACOG Smart Region Sacramento Plan. Staff recognizes that the work required to complete this project is of a specialized nature and did not expect a large number of proposals. Public Works has worked with Kimley Horn and their listed sub consultants before and is confident in their abilities to perform the scope of the work. Pursuant to Caltrans regulations, a Public Interest Finding (PIF), the required document when there is a sole proposal, has already been approved by the District Local Assistance Engineer.

The scope of the Design and Consulting Services Contract with Kimley-Horn will consist of identifring locations for installation of closed-circuit televisions (CCTVs) to monitor traffic flow, upgrading and installation of fiber optic and communication equipment to fill gaps and expand capabilities of the traffic management center, installation of changeable message boards (CMB) to broadcast messages to motoring public, expansion of signal performance measures (SPM) software to proactively adjust signal timing and identifr maintenance issues, assessment of transit signal priority to minimize impacts of the Sacramento Regional Transit Gold Line preemption on signal performance, implementation of a cloud based emergency vehicles preemption throughout the City to route emergency vehicles safely through congested corridors and improve response times, and the development of a traveler information website dashboard.
2 Page 712
08/23/2022 Item No.18.

POLICY / RULE
Section 2.36.080 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.

ANALYSIS
As previously mentioned in this report, only one proposal was received (Kimley Hom). City Staff is very comfortable recommending Kimley Horn for the award of this contract based on their submitted proposal for this project and their prior experience with the City of Folsom producing high quality and cost-effective ITS projects.

FINANCIAL IMPACT
The City was awarded federal funds in the amount of $4,985,434 for this project. The City's match requirement for the project is 12.8% or $639,434. The design portion of this project was initially allocated up to $800,000, however the final design contract with Kimley Horn would be authorized for a not to exceed amount of $878,31I.87, a difference of $78,311.87. The additional $78,311.87 will be appropriated from the construction phase of the project. Staff is requesting arL appropriation in the amount of $878,311.87 from the Transportation Improvement Fund (Fund 446) for this project, of which 100% or $878,311.87 will be reimbursed to that fund through Caltrans invoicing.

ENVIRONMENTAL REVIEW
The scope of Kimley Horn's professional services includes providing environmental evaluations and a technical memorandum that will be submitted to Caltrans for approval of the project as it pertains to the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA).

ATTACHMENTS

1. Resolution No. 10904 - A Resolution Authorizing the City Manager to Execute a Design and Consulting Services Contract with Kimley Horn and Associates, Inc. for the Intelligent Transportation Systems (ITS) Master Plan Implementation Project, Federal Project No. 5288(052)

2. Project Area and Proposed Signal ITS Improvements

3. ScopeandFee
-f Page 713
08/23/2022 Item No.18.

Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
4 Page 714
08/23/2022 Item No.18.

Attachment 1

08/23/2022 Item No.18.
and,
RESOLUTION NO. 10904

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DESIGN

AND CONSULTING SERVICES CONTRACT WITH KIMLEY HORN AND
ASSOCIATES,INC. FOR THE INTELLIGENT TRANSPORTATION SYSTEMS (ITS) MASTER PLAN IMPLEMENTATION PROJECT' tr'EDERAL PROJECT NO. 5288(052) WHEREAS' on December 8, 2020 the City Council adopted ResolutionNo. 10571, which authorized the Public Works Department to apply for grant funds from the Sacramento Area Council of Governments; and
WHEREAS, one of the grants that was applied for and successfully awarded to the City was the Intelligent Transportation Systems (ITS) Master Plan Implementation Project; and, WHEREAS, the amount of funds granted to the project was $4,985,434; and, WHEREAS, an amount of $800,000 of the awarded funds has been allocated for design; WHEREAS, a Request for Proposal to provide Professional Engineering Services was publicly advertised on May 24,2022 and on June 20, 2022 a single proposal was received from Kimley-Horn and Associates, Inc. in the amount of $878,311.87; and WHEREAS, there is a difference of $78,3 II.87 between the initial design funding amount and the requested funding amount that will be covered by utilizing a portion of the construction funds; and
WHEREAS, there is sufficient funding available for the design and consulting services contract in the Transportation Improvement Fund (Fund 446); and WHEREAS, the cost related to the design and consulting services contract will be 100% reimbursable through Caltrans invoicing and reimbursements received will be applied to the Transportation Improvement Fund (Fund 446); arLd
WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW' THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to Execute a Design and Consulting Services Contract with Kimley Horn and Associates, Inc. for the Intelligent Transportation Systems (ITS) Master Plan Implementation Project, Federal Project No. 5288(052).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $878,312 in the Transportation Improvement Fund (Fund 446) to be reimbursed from grant revenue.

PASSED AND ADOPTED this 23'd day of August2}22,by the following roll-call vote:

ResolutionNo. 10904
Page I of2 Page 716
08/23/2022 Item No.18.

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Kerri M. Howell, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 10904
Page2 of2 Page 717
08/23/2022 Item No.18.

Attachment 2

08/23/2022 Item No.18.
@
{ Proposed CMS (16)
Q existingsignal(15)
n Existing Signalwith
\,' Proposed Modifications
Q viO.o Detection (16)
Contoller Upgrade/ATSPM (70)
ccTV (47)
Advanced TSP (8)
Future Signal (1 5)
[not part ol this project]
Planned Signal Upgrades (1 3)
[concunent project]
coo
o
CITY
HAtL

08/23/2022 Item No.18.

Attachment 3

08/23/2022 Item No.18.

Exhibit A
Folsom ITS Master Plan lmplementation
Scope of Services
Task 1: Project Management and Administration
Task l.L Project Management
This task includes general project administration, including management of project staff, quality control, and project accounting,
Kimley-Horn will submit monthly invoices with associated project status reports for the effort completed each month. Project reports will include status updates on completed and ongoing project tasks, deliverables completed, upcoming milestones, and potential constraints and risks to project progress.

Task 1.2 Kick-off and Project Coordination Meetings
Kimley-Horn will initiate this project with a Project Kick-Off Meeting. This meeting will discuss the overall project schedule and constraints, review Scope of Services elements, identify project coordination, discuss quality control, and review administrative and invoicing procedures.

During the course of the project, we will conduct monthly project coordination meetings, or meetings at the City's desired frequency, with the City Project Manager to review project schedule, budget, progress status, and risks to the project. We will prepare and distribute materials and notes for each meeting.

Kimley-Horn will prepare a project schedule identifying key milestones, deliverables, and critical path tasks for the project. We will update the schedule throughout the project and have it available during meetings, or as requested.

Task 1 Deliverables:

Meeting Notes, Agendas, and Meeting Materials
Project Schedule (with updates)
Monthly lnvoices with Project Status Reports (assumed L6 months) Task 2: Project Approval and Environmental Documentation The following environmental scope of work has been developed based on the following key assumptions:
r Supporting technical documents will be developed pursuant to both NEPA and CEQA guidelines as administered by the Caltrans and FHWA.
. One project design alternative is assessed through environmental review Kimley-Horn will initiate this effort as part of the kick-off meeting/discussion (Task 1) to define the parameters of the analysis, scheduling and understanding of the project. To acquire relevant environmental data and background information, we will coordinate with appropriate City departments, use previous studies for the area and other available files, and rely on existing exhibits, maps and reference documents. Environmental issues that may require further detailed study or that may delay or affect the viability of the project will be documented

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
Task 2.1 - Preliminary Environmental Study (PES) Form and Area of Potential Effects (APE) Map Environmental issues that may require further detailed study will be documented in the PES for the City/Caltrans concurrence prior to the initiation of the technical study work program. Kimley-Horn will draft a PES Form for the City review. As part of this task, we will draft the Area of Potential Effects (APE) map for both Archaeology and Historic Architecture. After City review, we will revise the PES Form and APE map and they will be submitted to Caltrans for review and approval from Caltrans Professionally Qualified Staff (PQS) approval. The APE map will provide the cultural resources boundaries for the Caltrans PQS-prepared Screened Undertaking, as discussed in Task 2.2, below' Kimley-Horn will attend one site visit with Caltrans and the City to review the area and take comments on the PES Form and APE map. Kimley-Horn anticipates one round of additional review to produce a Caltrans approved PES form, which will inform the scope of work for the required CEQA and NEPA compliance documentation.
f ask Z.2Technical Work Study Program
As discussed above, Kimley-Horn proposes to prepare technical studies in conformance with NEPA, pertinent FHWA regulations, Caltrans' Standard Environmental Reference (SER), and the CEQA.

Under CEQA and NEPA, it is anticipated that the Project would allow for environmental clearance to be a Categorical Exemption/Categorical Exclusion, respectively. Should Caltrans require additional analysis on the affected resource categories below, Kimley-Horn can provide this analysis under a separate scope of work and fee. lt is anticipated that the resources below can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study. Based upon our recent projects within Caltrans District 3, a review of the project as presented in the RFP, and 202! Caltrans-approved PES Form to include the information required in the 2021 updated instructions manual, Kimley-Horn anticipates that the following technical resources would be addressed by Caltrans staff or within the context of the resulting environmental document. Caltrans will make the final determination regarding the number of required technical studies during the review of the PES form. Required technical studies not included in this scope of work may be accommodated under an amended scope of services.
' Air quality can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study. ln addition, the project is exempt from air quality conformity based on 40 CFR 93.L26, Table 2, which lists Bicycle and Pedestrian Facilities Projects and Pavement Resurfacing and/or Rehabilitation Projects, as exempt from the requirement that a conformity determination be made . Noise can be addressed within the context of the Categorical Exemption/Categorical Exclusion for construction purposes and would not require a technical study r For Cultural Resources, based on the nature of the project, Kimley-Horn anticipates a Screened Undertaking, which would be prepared by Caltrans PQS
. Biological resources can be addressed within the context of the Categorical Exemption/ Categorical Exclusion for construction purposes and would not require a technical study Based on a review of the GeoTracker database website there are no existing hazardous sites in the surrounding area. As such this scope of work assumes hazardous materials can be addressed in the PES form through database searches ofthe project area on GeoTracker. 2

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
Task 2.3 CEQA and NEPA Compliance
CEQA Compliance
Kimley-Horn will prepare a Notice of Exemption (NOE) form and memo for improvements proposed at all project locations within the project area. The City will be the lead agency for the NOE and Caltrans is a responsible agency. The form and memo will be provided to the City for review. This scope includes one round of revisions on the NOE form and memo. Kimley-Horn will coordinate with the City to file the NOE with State Clearinghouse.

NEPA Complionce
This scope of work assumes Caltrans will prepare a NEPA Categorical Exclusion, and any supporting technical memorandum in support the NEPA document, pursuant to Section 23 USC 326,23 CFR77t activity (cX8). Should Caltrans identify the need to prepare the more time- consuming Environmental Assessment, a separate scope and fee will be provided to the City' f ask 2.4 Environ menta I Meetings a nd Coordination
Kimley-Horn will provide project management oversight of team's activity and coordinate with the City throughout the project's duration. The project management and task leads will supervise, coordinate, and monitor the planning and design of the Project for conformance with standards and policies established between the City and Kimley-Horn team at the beginning of the project.

We will attend a kick-off meeting and one (1) additional review meeting with City staff. The goal of the kick-off meeting is to finalize the project schedule and establish a plan for a successful project. No public meeting or hearings are included in this scope.

Task 2.5 Environmental Preliminary Site lnvestigation (PSl) Kimley-Horn will conduct a PSI for the Project area to evaluate soil for potential impacts in areas proposed for soil disturbance during construction activities. The PSI will be performed in accordance with the American Society for Testing and Materials (ASTM) lnternational Standard E1903-11, Standard Practice for Environmental Site Assessments: Phase ll Environmental Site Assessment Process, and the Caltrans Standard Environmental Reference (SER) Environmental Handbook (EH)Volume 1, Chapter 10, "Guidelines for Hazardous Materials, Hazardous Waste, and Contamination.'l Sompling and Anolysis Plan/Heolth ond Sofety Plon
Kimley-Horn will prepare a Sampling and Analysis Plan (SAP) and a Health and Safety Plan (HASP) for the proposed field work activities. Sample locations will be marked in white paint, and Underground Service Alert (USA) North 8LL will be notified a minimum of 72 hours prior to the start of field sampling. Kimley- Horn will obtain applicable permits, rights-of-entry, or drilling permits, as needed, and subcontract a licensed drilling company to perform the field work. Kimley-Horn will obtain a utility location service to clearthe boring locations at the intersections as a precaution to avoid subsurface lines. Kimley-Horn will provide oversight during drilling and sampling activities, and samples will be submitted to a state- certified laboratory, following the chain-of-custody protocol, and analyzed for specific constituents of concern (COC) based on historical use and adjoining property use' Although leaded fuel has been prohibited in California since the 1980s, aerially deposited lead (ADL) from vehicle emissions may still be present in surface and near-surface soils in unpaved areas along California highways and roadways. Because lead is ubiquitous in the environment, sampling and analysis of soil are performed during Project development to determine if lead concentrations are at levels that 3

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services Augustt1-,2022
require special management and/or disposal. Shallow soil samples will be collected from exposed soil areas within 50 feet of the roadway and analyzed for lead and pH; concentrations of lead are then compared to regulatory levels (80 milligrams per kilogram) to evaluate soil re-use/disposal.

Field Work
Based on our team's understanding, project improvements will involve minimal soil disturbance. We estimate up to 16 borings proposed for the Project (one (1) boring per CMS location). The borings will be sampled using a Direct Push Technology (DPT) rig to take continuous core soil samples at specific locations. DPT uses a hydraulically operated percussion hammer along with vehicle weight to advance the sampling barrel with an acetate liner used to contain the soil sample. The acetate liner will be cut into specific intervals,0-1 feet, 1-2 feet, and 2-3 feet below ground surface (bgs), capped at each end with a Teflon sheet and plastic lid, labeled, and placed into an ice chest with ice. Samples will be logged on the chain-of-custody which will be given to the laboratory upon delivery of the soil samples for analyses. The borings will be backfilled with grout and capped with native soil.

The soil samples will be analyzed for lead and pH using EPA 6020 and EPA 9045, respectively, following Caltrans protocol. Additional COCs will be analyzed on composite samples at selected borings based on RECs identified in the lnitial Site Assessment (lSA). Other COCs in the Project area include polychlorinated biphenyls (PCB), polycyclic aromatic hydrocarbons (PAH), metals, volatile organic compounds (VOC), pesticides (historical agriculture), Total Petroleum Hydrocarbons (TPH) as gasoline, diesel, and motor oil, and used oil (motor, hydraulic, and lubricating).

PSI Report
Kimley-Horn will prepare a PSI Report and incorporate the sampling and analytical testing conducted at the Project area. The report will include a discussion of sample collection and testing methods and certifications of the individuals performing the work. Additionally, the report will identify (if present) regulated and/or hazardous materials, and evaluate soil disposal/ reuse and worker safety measures.

Kimley-Horn will incorporate the comments received from the Project Team on the draft report and incorporate into the draft-final report for review by the City. Comments from the City will be incorporated into the final report for Caltrans review. The report will comply with California Envi ron menta I Quality Act/N ational Environ mental Policy Act req ui rements.

Task 2 Deliverables:
r One (1) Draft PDF copy of the PES and APE for City/Caltrans review r One (1) Final PDF copy of the PES and APE for City/Caltrans review and approval r One (1) PDF copy of the Draft CE for Caltrans review and approval r One (1) PDF copy of the Draft NOE for City review and approval r One (1) Draft PDF copy of the Draft PSI Report for City/Caltrans review r One (1) Draft PDF copy of the Final PSI Report for City/Caltrans review Task 3: Preliminary Engineering
This task encompasses background information gathering to create a foundation for design elements and plan sheet development.
4

08/23/2022 Item No.18.

Folsom ITS Master Plan Implementation Scope of Services August 11, 2022
Task 3.1- Data Collection and Field Assessment
Kimley-Horn will obtain readily available background project information to initially summarize the overall project elements. This effort will include the following materials from the City:
. Existing as-builts of City facilities (traffic signals, signal interconnect/communications network, roc)
. Planned/ongoing communications infrastructure improvements, including private utilities r Utility information of City-owned facilities
. Right-of-way maps
. Utility contact list (phone number, email, and address, as available) Kimley-Horn will conduct a field review to confirm data collected from existing plans and documentation, and to identify additional unusual or special conditions that may affect the project design. Furthermore, our field investigations team will conduct field review for potential fiber cable pathways, and identify and map the communications conduits and pull boxes to be utilized along the corridors.

Our field investigations will consist of the following activities:
r Review existing as-builts and other background information provided by the City ' ldentification of existing traffic signal controllers and cabinets . ldentification of the existing pull box and conduit sizes and an assessment of the condition of the existing conduits and sweeps. The conduit's condition shall include conduit material, whetherthe conduit is intact, dirty, debris-filled, and the entry length of the conduit intothe pull boxes (this will affect the pulling of fiber into the existing pull box). r Determination of, to the extent possible, the percent fill of the existing conduits, and determination of the maximum capacity based on applicable standards (e.g., Caltrans or NEC). ' Review existing traffic signal infrastructure, including existing conduits, wires/cables and sizes, as well as the viability of using the existing conduit based on our comprehensive approach detailed above. For each pull box, we will assess the conduit entrance conditions including the position and entry distance of each conduit that may be used for the fiber optic installation. . A photo log of traffic signal cabinets, signal poles, pull boxes, and other relevantfield information will be prepared as part of this task.

Task 3.2 - Basis of Design Memorandum
Kimley-Horn will prepare a Basis of Design memorandum that briefly summarizes the complete project elements to be designed for this project, and how the project elements will be delivered. Project improvements to be considered include:
. Traffic signal communications upgrades
. Cabinet upgrades
. Traffic Signal controller upgrades
' CCTV Cameras
' Video Detection Systems
. Arterial Changeable Message Signs (CMS)
r Emergency Vehicle Preemption (EVP) upgrades
5

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
This document will also include a planning-level estimate of construction cost to validate and align with available construction funding. This memorandum will provide a baseline for design effort in Task 5.

Task 3.3 - Utility Coordination
Kimley-Horn will provide utility coordination in accordance with City and Caltrans requirements. This task includes communicating the City's project to the utility owners and working with them to verify potential conflicts.

We will develop a utility company matrix and prepare Utility "A" Letters on City letterhead for City review and approval to be sent out to utilities known to operate in the vicinity of the project. This package will include an exhibit ("A" Plan)of the project area and existing utilities based on available data and field surveys of visible utilities. This letter is to request record information and to put the utility owners on notice that the City is intending to construct a project that may affect their facilities. We will continue to coordinate with utility agencies through final design.

Kimley-Horn will prepare utility base mapping in AutoCAD based on as-built information, field measurements, mapping provided by the utility companies, and positive location from potholing.

At 50% design, Kimley-Horn will prepare utility conflict maps ("8" Plans) and "B" Letters on City letterhead for City review and approval to be sent out to utilities in the vicinity of the project. This serves as request to relocate if it is needed. Two copies of the conflict mapping will be sent to the utility company showing the individual company's facilities and the anticipated utility conflicts. Regardless of potential conflict or not, the utility company is requested to respond within 30 days of receipt of the letter and to initiate relocation design in the event this is needed. lf relocation is needed, the utility company will be requested to provide copies of relocation plans to alleviate the conflicts and a cost estimate of the relocation. Kimley-Horn will coordinate the relocation of company facilities to new alignments that avoid the proposed improvements and that are acceptable to the utility company and the City.

Kimley-Horn will work with the City to finalize all utility agreements and certifications to satisfy federal funding requirements. This task includes reviewing relocation agreements for proper charges and fees and negotiating as necessary to ensure correct advances, refunds and reimbursements. Final utility agreements will be included in the Right of Way Certification package as included in the deliverables of Task 6 in this Scope of Work.

When the relocation plans are received, Kimley-Horn will check the utility company relocation design against the latest project plans for conflicts. We will then send a copy of the Final Plans ("C" Plans) along with a Notice to Owner (Caltrans Exhibit 14-D in the LAPM as included in the deliverables of Task 6) directing each facility to initiate relocation construction.

Task 3.4 - Potholing
The Kimley-Horn team will perform potholing in the field to confirm location and depth of utilities in immediate vicinity of proposed CMS improvements. This Scope of Services includes up to 16 potholes at proposed CMS locations. Results of the potholing will be used to determine whether any changes to proposed improvements and other design elements will need to be made and reflected in the construction documents.
6

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
Our team will pull an encroachment permit, prepare and submit traffic control plans according to CA MUTCD, latest edition, for the City's review and approval prior to commencement of work.

Task 3.5 - Base Mapping
Kimley-Horn will create a base map of the project corridors using high-resolution, orthogonally rectified aerials retrieved from Nearmap PhotoMaps'" as the design background. Base maps will be created in AutoCAD Civil 3D. By utilizing high-resolution, orthogonally rectified aerials, it will enable a seamless integration of survey data acquired during later tasks of this project. The base mapping will be reviewed and supplemented based on field observations. We will establish approximate alignments for existing curb and sidewalk at project intersections in AutoCAD utilizing the aerial imagery.

Task 3 Deliverables:

Map of the preliminary findings
Photo Log
Basis of Design Memorandum
Utility Coordination " A", "8", and "C" Letters
Digital copies of utility as-built plans obtained from utility providers Utility Base Mapping (AutoCAD)
Task 4 - Changeable Message Sign (CMS) Evaluation and Design Task 4.1 - CMS Assessment
This task will consist of conducting research on the types and sizes of different CMSS that are suitable for the proposed application (i.e., arterial-based installations). This includes:
. Conduct research on CMS types and technologies (e.g., full-matrix, resolution, message display capabilities) to identify the optimal display sizing based on the City's desired . Conduct a field review of the proposed locations per the ITS Master Plan (16 locations) to evaluate potential CMS locations based on existing pole locations, clear sight distance, potential electrical service points and routing of new conductors to the electrical service points and communications connections.
. ldentify pole aesthetics, including color, visual characteristics, and CMS pole geometry.

It is assumed that existing electrical service points will be used for the new CMSs and that no new electrical service will be required. New service applications and PG&E coordination are not included in this scope of work.

Task 4.2 - CMS Structural Design
Once the preferred CMS locations, pole geometry, aesthetics, and weights have been identified, we will prepare structural calculations to determine the maximum diameter of the supporting pole, and the design diameter and depth of the shaft foundation. The maximum diameter of the pole and foundation design will be in accordance with the AASHTO LRFD LTS (1st Edition). The foundations will be designed based on the following assumed geotechnical parameters for both Cohesive and Cohesionless soils listed below. lt is assumed that Construction Contractor will perform soil testing during construction. lf Contractor determines that soil conditions do not meet these geotechnical dbsign parameters, Kimley- Horn will review and provide revised foundation design as part of Design Services During Construction (Task 8).
t
7

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11., 2022
Allowable Bearing pressure = L500 psf
Cohesive Soil
. Shear Strength, C=1500 PSF
Cohesionless Soil
I Soil Unit Weight, I = 120 Pcf
' Soil Friction Angle, 0 = 30 degrees
Final design of the overhead CMS steel posts, and connection of the CMS display to the steel posts will be the responsibility of the contractor or steel post fabricator that is working for the City of Folsom.

Kimley-Horn will prepare and submit the draft design documents to the City for review. The design plans will provide details on the CMS installations at each site including:
. CMS types and sizes
. CMS locations
. Electrical rounding and connections t
r Communications routing and connections
r Maximum pole diameter
. Foundation diameter and depth (Based on assumed geotechnical values) Upon receipt of the comments from the City, Kimley-Horn will meet to discuss them if necessary. Based on City comments and subsequent discussions with the City, Kimley-Horn will prepare the final design documents.

The final design plans will be incorporated into the overall plan set and signed and sealed by a State of California registered civil engineer.

Task 4 Deliverables:

Draft and Final Design Plans in PDF format
Structural Calculations Technical Memorandum in PDF format Task 5: Plans, Specifications, and Estimate
Task 5.1 - 50o/o Design Plans and Estimate
Kimley-Horn will prepare 50% plans and estimate of probable construction costs for the design of traffic signal modifications (including controller and cabinet replacements/upgrades), fiber optic communications, changeable message signs (CMS), closed circuit television (CCTV) cameras, video detection, emergency vehicle preemption (EVP), and traffic control devices rblevant to the design plans will be layered to reflect "existing", "to be removed/modified", and "proposed" conditions. We will prepare the 50% plan set based on decisions made during the preliminary engineering task.

The plans will be prepared in AutoCAD 2O2O and will adhere to the applicable City design standards and specifications. We will utilize the City standard plan sheet borders with title block and general construction notes and CAD standards that will be provided by the City.

Based on these assumptions, we anticipate the plan set will consist of the following sheets:
8

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
Title Sheet
General Plan/Notes
Layout Sheet/Key Map
Communications Design Plans
CMS Design Plans
Traffic Signal Modification Plans
Traffic Signal Details
Communications Block Diagrams
Fiber Optic Splice Diagrams
Total Sheets 150
Task 5.2 -90% Plans, Specifications, and Estimate (PS&E) Prior to beginning the development of the 90% PS&E documents, Kimley-Horn will participate in a design review meeting with the City to discuss review comments on the 50% submittal. After review of one set of consolidated comments from the City, Kimley-Horn will prepare 90% Plans, Specifications, and Estimate (PS&E) for the proposed improvements. A comment resolution matrix will be prepared which will summarize the comments received on the 50% plans and estimate documents with resolutions identified for each comment. This matrix will be submitted with the 90% submittal.

Specifications will include limited parameters pertaining to unique design features and will be based on standard special provisions provided by the City of Folsom.

Task 5.3 - Final Plans, Specifications, and Estimate (PS&E) Prior to beginning the development of the Final PS&E documents, Kimley-Horn will participate in a design review meeting with the City to discuss review comments on the 90% submittal. Based on the review comments ongO% PS&E, the PS&E documents will be advanced to the finaldesign level. A comment resolution matrix will be prepared which will summarize the comments received on the 90% PS&E documents with resolutions identified for each comment. This matrix will be submitted with the Finalsubmittal.

The final plans will be stamped and signed by the professional engineer (licensed in California with current registration) in responsible charge. The Final PS&E will be submitted to the City for use in advertising and constructing the improvements. i
Task 5 Deliverables:
. 50% Plans (PDF)
. 50% Design Opinion of Probable Construction Cost (Excel and PDF) . 9o% PS&E (PDF)
. Final PS&E (PDF)
. Final Bid-Ready PS&E
Task 6: LocalAssistance Procedures Manual (LAPMISupport The Kimley-Horn team will assist the City with LAPM submittals including Request for Authorization (RFA) packages, Utility Certification, Right of Way Certification, PS&E Certification, Cost- Effectiveness/Public lnterest Finding (PlF) and other local assistance compliance tasks as they arise. lt is anticipated that the City will need assistance with completing forms (Exhibits) in LAPM Chapters 3, 6,7 , 1 2
5 40
5 79
4 4
10 9

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
L2, L3,14, and 15. This task will also include coordination with Caltrans pertaining to the determination of appropriate Federally Participating Cost eligible work items.

Task 6 Deliverables:
r RFA Packages
. Utility and Right of Way Certifications
r PS&E Certification
. Cost-Effectiveness/PubliclnterestFinding
Task 7: Bidding and Award Support Assistance
Kimley-Horn will provide support to the City during the bid and award phase. This will include participation at the pre-bid meeting and site walk-through (if required) to review project details and expectations with potential bidders, We will assist the City in preparing a response to pre- bid questions and a bid addendum to resolve outstanding issues.

Kimley-Horn will review responsive bids against the Engineer's Estimate and provide input to the pricing. lf the lowest bid exceeds the project budget, we will provide input on phasing or staging of project elements that should still result in a complete project.

Task 7 Deliverables:

Attend Pre-bid Meeting and Site Walk-through
Prepare Response to Bidder Questions
Prepare Bid Addendum (one anticipated), if required
Bid Evaluation Support
Task 8: Design Services During Construction
Kimley-Horn will provide design support to the City during construction. Design support will include attendance at pre-construction meeting, review submittals and shop drawings, maintain records of proprietary products procured for PIF determination, review and prepare response to contractor requests for information (RFl), prepare Construction Change Orders (CCO), and field support to discuss contractor questions or field conditions. Field support will also include input to contractor system integration and testing of field equipment. We will maintain a log of RFls, approvals, and CCOs during the project and have available upon request.

As construction nears completion, Kimley-Horn will participate in a final walk-through of the project to provide input on the inspector's punch list of remaining work. After construction is complete, Kimley- Horn will prepare as-built drawings based on contractor-provided plan sheet redlines. As-built drawings will be prepared in AutoCAD. As requested by the City, and as budget permits, we will provide project close-out support to prepare required documentation to complete the project' I
L0

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services AugustIt,2022
Task 8 Deliverables:

Attend Pre-Construction Meeting
Prepare Responses to RFls
Maintain Log of RFls
Prepare Construction Change Orders (budget for up to 3) Prepare As-built Drawings
Task 9: Emergency Vehicle Priority (EVP) and Transit Signal Priority (TSP) Assessment Kimley-Horn will perform a qualitative evaluation of advanced EVP and TSP solutions and develop recommendations which considers existing infrastructure, compatibility, scalability, system functional requirements, stakeholder input, O&M and deployment costs. We understand that the City is currently evaluating a pilot cloud-based EVP solution which is anticipated to sunset in early 2023. Kimley-Horn will support the City with its evaluation of this current cloud-based EVP product in addition to other advanced EVP solutions. Recommendations on system selection will be documented in a draft technical memorandum to be submitted to the City. Based on City comments and subsequent discussions with the City staff and regional stakeholder group, Kimley-Horn will prepare the final technical memorandum.

Additionally, Kimley-Horn will review existing traffic signal operations and light rail preemption along the Folsom Boulevard corridor between Natoma Street and lron Point Road (7 signals). We will review the existing traffic signal logic operation (i.e. detection, rail preemption, blank-out sign, overlaps) and propose recommended operational enhancements to improve traffic flow and safety. These operational enhancements may include modifications to load switch assignments, signal phasing during rail preemption, and logic operation. We will provide marked up signal timing sheets documenting recommended modifications.

This task includes up to fifteen (15) hours of field support for implementation of signal timing modifications.

Task 9 Deliverable:
r EVP and Advanced TSP Assessment Memorandum
. Timing Sheet markups
Task 10: Development of Travel lnformation Website Dashboard To effectively provide real-time traveler information and other information on the City's transportation network, Kimley-Horn will support the City with development of a website dashboard. This dashboard will allow residents and general public to view traveler information including traffic conditions, speeds, CMS messages, and still images from closed circuit television (CCTV) cameras at signalized intersections throughout the City, and parking occupancy data at key locations around the City. The information shall be provided on both a system-wide and a critical arterial basis.

A browser-based dashboard shall be created and published forthe City. Kimley-Horn will conduct prototype reviews with project stakeholders and create a design document reflecting the decisions made during these reviews, the proposed website architecture, and site maintenance routines. This dashboard will be public facing and deployed on City hardware. tt

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August7I,2022
After deployment of the dashboard, Kimley-Horn will provide 3 years of maintenance and support for the system.

Task 10 Assumptions:
. All necessary software licenses, which will be determined during task kickoff, will be supplied by the city
. A web hosting environment will be supplied by the City with VPN access for Kimley-Horn staff . All device feeds, including but not limited to CMS and CCTV (from Genetec video management software), will be furnished by the City in a format that is digestible by a web browser r CCTV feeds will be limited to still images
Task 10 Deliverables:
r One task kickoff meeting
r Two prototype review meetings
r one publicly facing dashboard deployed on City servers . One training session
. Design document detailing site components, implementation, and maintenance r 3 years of website maintenance and support
Task 11: Network Assessment
Kimley-Horn will support the City with performing a network assessment which includes an analysis of the City's current and future bandwidth with the installation of new field devices and communications (fiber) upgrades. We will perform a network data discovery which includes coordination with City lT to obtain the following information:

I Existing bandwidth and utilization
. Specifications for field devices (CCTV cameras, traffic signal controllers, video detection, rsP)
. Bandwidth consumption for field devices
r Network architecture to understand protocols utilized and flow of network traffic This task includes up to four (4) design/discovery meetings (assumed to be virtual) with City lT staff.

Kimley-Horn will prepare and submit a technical memorandum prese4ting the results of the network assessment and include network design recommendations and upgrades.

Task 12: Adaptive Signal Evaluation and Procurement Support lf requested by the City as an additional service (for additional fee), Kimley-Horn will analyze presently functioning adaptive traffic control system software packages, compare their functions and features, make determinations of which systems would be most desirable for the City of Folsom based on the system performance expectations, and make a recommendation for the preferred system software.

Once this preferred system is determined, we will assess the required changes to the system including field equipment to accommodate the adaptive system and estimate costs. We believe that this will be an iterative process given that the cost of the changes may exceed the available budget. Should this be the case, we will identify any concessions or trade-offs that can be made and still produce an effective T2

08/23/2022 Item No.18.

Folsom ITS Master Plan lmplementation Scope of Services August 11, 2022
adaptive system. For example, to meet a system's ideal requirements, new system and intersection detection may be necessary. However, existing detection (i.e. loops) may be used, but this may result in lesser accuracy for determining vehicle queue lengths or even travel times. We will identify these trade- offs and quantify the extent of their implications on the system's operations.

Upon completion of this task, we envision that a preferred adaptive system will be selected for the corridor. Once that decision has been made, we will prepare an Evaluation Summary Report detailing the evaluation process and the results of the selection. t Kimley-Horn will participate in vendor bid review and attend vendor interviews. This will be a non-voting support role to provide technical support to City staff. This will involve review of qualifications, schedule, functional requirement compliance, interview demonstrations, and prior performance. We will provide City staff with written observations that the City may consider in selecting the vendor. 13

08/23/2022 Item No.18.
city of Folsom
ITS Master Plan lmplementation
Fee Proposal
Revised
I94.54Yo ovethead%
194.38% overhead%w/oFCCM
lO% FeeYo Direct Total Cost
s 32-aaa.95

74.414.44

8.843.59

9.626.42
s 3a-302-95

11.163.31

7.O30 65
1n ocs oq
7,799.32
2,2r4.54
39,709.2r
7a346.23
s 14.763.81
s 3,547.36
s L3.7r2.04
3 22,tt4.91
5 8,979.70
S r3,775.2t
s 281.602.07
S 89,851.09
s L29,t72.7s
s 62.57a.23
s,753.96
5 5.163.96
s 25.017.52
s 25.077.52
3 3s.772.6A
s 35.772.68
s 16,404.69
S 16,404.69
$ t8,.,749.33
16,965.59
L4,5s3.29
37,239.33
27,262.42
s 12.338.70
S 14,5s3.29
S 28,830.48
5 a,67a.40
s 16.518.02
s 4,79L.63
3,618.19
20,960.73
S 20,960.73
g 753-696-4il
3 124.615.45
s 11.305.45
s 600.00
s 40.000.00
S 32.710.00
s 40,000.00
3 aTa-311-at
Total Hours
t1a
60 )R
30 170
50 30
46 12
526
232
90 86
18 100
100
40 60
1618
530
746
342
24 24
rt2
t72
147
747
72 72
9/16
80 77
195
740
65 77
1s0
45 80
15 90
90 3!X23
Kml€y-Horn and Assciates, lnc.

ProjdSuPPon
s34.32
s111.19
10 10
0 0
o
0 0
o
o
0 o
o
10 s 1-111-Aq
Sr. Prcied
Suomrt
s51.74
sl57-53
15 76
10 10
0 o
o
o
o
o
o
0 26
4?*?l
Analys I
0 o
100
)o
LO
10 80
0 660
)40
100
1)O
o
70 20
0 a
I
0 938
S riz2.ot:t,3g
Analyst ll
551.02
s165.29
o
10 10
ao
20 18
20 l0
10 s20
180
240
100
10 10
30 30
/o
40 0
415
)o
40 q0
60 30
40 90
20 10
o
ttTt
S g3-8a9.36
kofe$ional I
100
40 )o
24 76
20 18
10 74
34 40
15{t
30 80
40 0
5 6
15 75
40 40
395
40 30
90 60
30 30
30 30
40 10
5 to
10 838
-il;a-60
Professlonal ll
s t2.90
s235.18
o
0 22
10 L2
o
130
30 60
40 0
4 4
20 20
0 87
10 5
10 15
5 5
15 15
2 5
80 80
34:l
s at.oo9-73
sr. P.ofessional I
s85.58
32AO.82
34 10
\2
L2
44 8
8 1.0
16 2
56 24
18 6
8 0
110
30 50
30 10
10 6
40 50
50 16
16 44
5 2
5 5
2 15
5 5
0 4ilt
3 tlt-432_95
Sr. Prolsioml ll
s100.s3
s325-70
/A
24 72
72 5
2 7
2 8
4 16
5 10
24 10
I
6 4
4 10
'lo
20 )o
8 8
5 5
0 153
( tq Re1 -tq
Sr. Prolessional lll
s1?o ao
s391.37
10 4
6 0
0 ,A
10 R
6 0
a
2 2
2 0
o
0 38
s 1/r.871,st
Proied Management
Kick-off and Project Coordination Meetings
Stakeholder
ffi
)reliminary Environemental study (PEs) and APE Map
fechnical work Study Program
:EQA and NEPA Compliance
:nvironmental Meetings and coordination
)reliminary Site lnvestigation (PSl)
Data colledion and Field Assessment
Basis of DesiFn Memorandum
Utilitv Coordination
Potholine
Base Maooin{
Changeable Message Sign (CMS) Evaluation and
D€isn
Changeable Message Sign (CMS) Evaluation and Desi8n
CMS Strudural Desien
tlans. Srecifications, and Estimatc
50% Desisn Plans and Estimate
9O% Plans, Specif;cations, and Estimate (PS&E)
:inal Plans, Specifications, and Estimate (Ps&E)
-ocal Assistance Procedures Manual (LAPM) suppofr
lidding and Award SuDpoft Assistence
Dasion Seruicer durinq Con3iruction
Jesien Seruices during Construdion
fnnsit Signal Priority (TSP) and Eme.gency Vehicle
Pridritv IEVPI A*esment
fransitSignal Priority (TSP) and Emergency Vehicle Priority (EVP) Dsvelopment ot Real-Time Tnvel lntomation website
Dashboard
Prototypes, Design Documentation, and User Meetings
Website Development - Phase 1
Device Sourcing & lmplementation - Agency lT Coordination CCTV Feed lnteEration
DMS Feed lntegration
Parking Occupanq Data
3-yr Maintenance & Support
Testine
Edee Seruice lnstall
cloud Deployment (on City cloud)
fraining
letwork Assessm€nt
Network Assessment Suppoft

TOTAI HOURI
Jubtotal tabor
IhdDirdb*
G3 €nsineerins. lnc.

BESSTestlab. lnc,
Terracon lPSl)
TOTALCOSI:

Task I

1.!
r.2

1.3 fask 2

2.7 2.2

2.3 2.4

2.5 3.1

3.2 3.3

3.4 3.5
Task il

4.!

4.2 Ta3k 5

5.1 s.2

5.3 fask 6

6.7 fask 7

7.r
fask I

4.1 Iask 9

9.1 fask l0

10.1 10.2

10.3 10.4

10.5 10.6
to.7

10.8 10.9

10.10 10.11
Task ll

11.1

08/23/2022 Item No.18.

Folsom City Council
Staff Re ort
MEETING DATE: 8t2312022
AGENDA SECTION: Consent Calendar
SUBJECT: ResolutionNo. 10905 - A Resolution Authorizing the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC. for the Purchase of 14 Solid Waste Collection Vehicles
FROM: Public Works Department

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10905 - A Resolution Authorizing the City Manager to Execute an Agreement with Westem Truck Parts and Equipment Company, LLC. for the Purchase of 14 Solid Waste Collection Vehicles.

BACKGROUND / ISSUE
The Public Works Deparfnent must maintain a fleet of collection vehicles that is able to provide efficient and reliable solid waste collection service. The City's reqilirement for these collection vehicles is based on the need to replace its aging fleet (pursuant to the Solid Waste Division's replacement schedule) and to provide the current level of services. The rear loader and two of the side loader collection vehicles are an expansion to the current fleet. The vehicles being purchased will augment current vehicles to help support the new organics collection mandate and Folsom Plan Area services.

This resolution will authorize the City Manager to execute an agreement with Western Truck Parts and Equipment Company, LLC. (Western Truck) for the purchase of eight automated side loader collection vehicles, four front loader collection vehicles, one rear loader collection vehicle, and one roll off collection vehicle. The total cost for the purchase of these vehicles will not exceed $5,846,545.80. Sufficient funds to purchase the replacement vehicles are I

08/23/2022 Item No.19.
budgeted and available in the Fiscal Year 2022-23 Solid Waste Operating Fund (Fund 540) ($4,606,534.80), and the Folsom Plan Area Solid Waste Capital Fund (Fund 544) ($1,240,011).

POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of'$66,141 or greater shall be awarded by the City Council.

Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, service, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.

ANALYSIS
Sourcewell is a national cooperative purchasing entity of which the City of Folsom is a member. The City has purchased numerous items through Sourcewell in the past. Western Truck has a current contract with Sourcewell for solid waste collection vehicles at a price that has been assessed to be fair, reasonable, and competitive.

Sourcewell contract number #060920-PMC will be utilized for the purchase of solid waste collection vehicles.
o New Way Automated Side Loader with Crane Carrier chassis - 5436,277.06 per vehicle o New Way Front Loader with Crane Carrier chassis - $414,768.54 per vehicle o New Way Rear Loader with Crane Carrier chassis - $374,085.97 per vehicle o Amrep Roll Off with Crane Carrier chassis - $323,169.19 per vehicle The prices include taxes, tire fees, and delivery

FINANCIAL IMPACT
A total of $$5,142,714 has been appropriated in the Fiscal Year 2022-23 Solid Waste Operating Budget (Fund 540) to purchase vehicles with an additional $1,240,011 appropriated in the Folsom Plan Area Solid Waste Capital Budget (Fund 544). The Department is requesting that the contract be authorized for a not to exceed amount of $5,846,545.80. Suffrcient funds to purchase the replacement and fleet expansion vehicles are budgeted and available in the Fiscal Year 2022-23 Solid Waste Operating Fund (Fund 540) and the Folsom Plan Area Solid Waste Capital Budget (Fund 544). Due to the long production time for collection trucks, the outlay of funds for this purchase are expected to begin toward the end of the fiscal year and will be staggered based on when the City accepts delivery of each vehicle. 2 ENVIRONMENTAL REVIEW

08/23/2022 Item No.19.

This action is exempt from environmental review under the California Environmental Quality Act (CEQA).

ATTACHMENT
Resolution No. 10905 - A Resolution Authorizing the City Manager to Execute an Agreement with Westem Truck Parts and Equipment Company, LLC. for the Purchase of 14 Solid Waste Collection Vehicles
Submitted,
Mark Rackovan, Public Works Director
J Page 737
08/23/2022 Item No.19.

RESOLUTION NO. 10905

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH WESTERN TRUCK PARTS AND EQUIPMENT COMPANY, LLC. FOR THE PURCHASE OF' 14 SOLID WASTE COLLECTION VEHICLES WHEREAS, the Public Works Department has validated its need to purchase 14 solid waste collection vehicles, including eight automated side loaders, four front loaders, one rear loader, and one roll off, based on a replacement and expansion schedule; and WHEREAS, this purchase will be made through Sourcewell, which used its recognized cooperative purchasing agreement to award a contract to Western Truck Parts and Equipment Company, LLC in an amount not to exceed $5,846,545.80; and WHEREAS, sufficient funds are budgeted and available in the Fiscal Year 2022-23 Solid Waste Operating Fund (Fund 540) Budget in the amount of $$5,142,714 for the purchase of vehicles and an additional $ I ,240,01 1 in the Folsom Plan Area Capital Fund (Fund 544) for a total of $6,382,725; and
WHEREAS, staff recommends the execution of a contract with Western Truck Parts and Equipment Company, LLC. for the purchase of 14 solid waste collection vehicle; and WHEREAS, the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with Western Truck Parts and Equipment Company, LLC. for the purchase of 14 Solid Waste Collection Vehicles for the Public Works Department for a not to exceed amount of $5,846,545.80.

PASSED AND ADOPTED this 23'd day of August2}22,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10905
Page I of I Page 738
08/23/2022 Item No.19.
ri l i;:'-r: irvi
!i;:i.!1.i a l !.lir! ri
Folsom City Council
Staff R ort
MEETING DATE: 8t2312022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10907 - A Resolution Authorizing the City Manager to Apply for a Grant for Hybrid andZerc-Emission Truck and Bus Voucher Incentive Project (HVIP) Funding
Through Western Truck Parts and Equipment Company, LLC
for the Purchase of Two Electric Refuse Collection Vehicles FROM: Public Works Department

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10907 - A Resolution Authorizing the City Manager to Apply for a Grant for Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) Funding Through Western Truck Parts and Equipment Company, LLC for the Purchase of Two Electric Refuse Collection Vehicles.

BACKGROUND / ISSUE
The Folsom 2035 General Plan adopted by the Folsom City Council includes a goal ofreducing the consumption of carbon-intensive fuels. In Fiscal Year 2021-22 the City of Folsom corporation yard operations purchased about 225,000 gallons of diesel fuel. About 90Yo of that was utilized in the City's fleet of refuse collection vehicles. Also, with the addition of weekly organics collection in July 2022 diesel fuel use has increased. The pxhaust from diesel engines .*por.r the community to dangerous greenhouse gas emissions. Converting to electric refuse truiks has the potential to significantly reduce greenhouse gas emissions produced by City operations. The initial purchase price of electric refuse trucks far exceeds the cost of diesel trucks, but the operational cost is estimated to be much lower, so long-term savings are expected. To evaluate the effectiveness of this technology within city operations, the Public Wbrks Department is seeking funding to purchase two electric refuse vehicles as apilotproject. 1

08/23/2022 Item No.20.

As an incentive for collection fleets to convert to clean energy vehicles, grant funding is available to assist with the initial cost. The California Air Resources Board (CARB) administers the Hybrid andZero-Emission Truck and Bus Voucher Incentive Project (HVIP).

This funding is only available as a discount voucher to approved dealers. The city cannot apply directly to receive funding but can partner with an approved dealer to seek approval for discount vouchers.

On April 27,2021, the Folsom City Council approved resolution 10616 authorizing an application for HVIP funding through The Lion Electric Co. (Lion) and the vouchers were approved. In ongoing communication with Lion, city staff were unable to obtain a final quote and ultimately learned that Lion was unable to commit to a timeframe for production. As a result, the previously approved HVIP vouchers were released for redistribution.

Staff has since selected a new vendor, Western Truck Parts and Equipment Company, LLC. (WTP) to supply electric collection vehicles for the pilot project. WTP is an approved HVIP dealer and production of the electric vehicles is estimated to begin in the Spring of 2023. The specific trucks being requested use the same body as other refuse trucks in our fleet and the chassis will be built by the same manufacturer producing our diesel-powered trucks. The similarity between the new electric trucks and our diesel fleet increases the ability of our internal Fleet Division to service and maintain these vehicles.

In March of 2022 CARB began accepting HVIP funding requests for the current funding cycle.

Since funds are distributed first-come, first-served, the Public Works Department has submitted a request for the funding in advance of approval by the Folsom City Council. The requested resolution would authorize that application. In addition, grarfi funding requires a purchase order to prove the vehicles are being procured. CARB has temporarily accepted a letter of intent in lieu of a purchase order; however, to complete the award of grant funding the city will need to provide proof that the purchase is proceeding. Authorization to purchase one electric residential side loader and one electric rear loader, and appropriation of funds is being requested by a separate resolution.

POLICY / RULE
The City Council Adopted Resolution No. 10405 Amending Financial Policies of the City of Folsom regarding grant administration on April 14, 2020. Section D - Intergovernmental Revenues, Paragraph A - Grant Applications states, "Grant application shall be the responsibility of the department seeking the grant. Grant applications which require an expenditure of funds by the City of less than or equal to the City Manager contract authority amount may be approved by the City Manager prior to submittal to the grantor. All other grant applications, including any requiring an ongoing commitment of resources or staff, shall be reviewed and approved by the City Council prior to submittal. In circumstances where it is not possible for the City Council to approve the grant application prior to submittal, the City Manager may approve the application subject to the City Council ratification as soon as practicable to do so.
2 Page 740
08/23/2022 Item No.20.

Requests to the City Council or the City Manager for approval of a grant application shall identiff anticipated long-term maintenance and/or renovation costs, required City matching funds, and additional personnel that may be needed if the grant is awarded for a capital project.

Withrespectto grants for staffing, the source of funds for long-term staffing afterthe expiration of the grant shall also be identified in the request for approval of the grant application.

All grant applications on behalf of the City shall be reviewed by the Finance Director before submittal to the City Council or the grantor."
ANALYSIs
The Division is seeking grant funding to assist with the purchase of two electric refuse collection vehicles. This technology has the potential to eliminate emissions from refuse collection vehicles; however, since the technology is relatively new to the waste industry and costly, the Division would like to purchase one residential side loader and one rear loader to pilot the technology and evaluate the effectiveness within the operation' Due to the high initial cost of purchasing electric refuse vehicles, the Division is seeking multiple funding sources for this project. In December of 2019, the Division applied for and was awarded $102,361 from the Sacramento Metropolitan Area Quality Management District (SMAQMD) for the disposal of two diesel refuse trucks and the purchase of two zero emission refuse trucks. An agreement for this funding was executed in August 2020.

In March of 202l,the Division applied for a second grant from SMAQMD and was awarded $200,000 toward the replacement of two diesel-powered refuse trucks with two electric refuse trucks. An agreement for this funding was executed in January 2022.

The requested HVIP funding of $240,000 is eligible to combine with both grants from SMAQMD. The combined grants would offset the purchase price of the electric vehicles by $5423:6I bringing the final cost of the two electric refuse trucks to near equivalent to the cost of purchasing diesel trucks.

In addition to the truck purchase price, the Division would also need to invest in charging infrastructure. The Public Works Department is working with Sacramento Municipal Utility District (SMUD) to ensure adequate power and chargers will be installed at the corporation yard. The corporation yard does not currently have an adequate power supply and a new transformer will be necessary. The cost of infrastructure is still being determined. SMUD may have funding available to contribute to the cost of infrastructure; however, no funding has been secured for the infrastructure at this time.

FINANCIAL IMPACT
If "pp.trdJh"
HVIP grant would provide the Division with $240,000 in discounts on the p,ttrhur. of two electric refuse collection vehicles. Utilizing these funds would commit the Waste and Recycling Divisions to the purchase oftwo electric refuse trucks for an initial capital outlay of $1,1 l2,66L After reimbursement from SMAQMD grant funding, the net cost to the a
-tPage 741
08/23/2022 Item No.20.
city would be $810,363 for the purchase of the two vehicles. This does not include the cost of charging infrastructure, which is still being determined but is currently estimated at approximately $ I 60,000.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).

ATTACHMENT
Resolution No. 10907 - A Resolution Authorizing the City Manager to Apply for a Grant for Hybrid andZero-Emission Truck and Bus Voucher Incentive Project (HVIP) Funding Through Western Truck Parts and Equipment Company, LLC for the Purchase of Two Electric Refuse Collection Vehicles
Submitted,
Mark Rackovan, Public Works Director
4Page 742
08/23/2022 Item No.20.

RESOLUTION NO. 10907

A RESOLUTION AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT FOR HYBRID AND ZERO.EMISSION TRUCK AND BUS VOUCHER INCENTIVE

PROJECT (HVIP) FUNDING THROUGH WESTERN TRUCK PARTS AND

EQUIPMENT COMPANYO LLC FOR THE PURCHASE OF TWO ELECTRIC REFUSE

COLLECTION VEHICLES
WHEREAS, the Public Works Department Waste and Recycling Division desires to purchase two electric refuse collection vehicles to pilot the feasibility of the technology within the City of Folsom waste collection operation; and
WHEREAS' the Folsom 2035 General Plan commits to reducing the consumption of carbon-intensive fuels through the purchase of more efficient vehicles; and WHEREAS, refuse collection vehicles consume more diesel fuel than any other City of Folsom fleet vehicles; and
WHEREAS, in March 2022 the California Air Resources Board (CARB) opened the current funding request period and began accepting applications for the Hybrid andZero-Emission Truck and Bus Voucher Incentive Project (HVIP); and
WHEREAS' HVIP is accepting applications for up to $120,000 per vehicle for refuse trucks; and
WHEREAS, the HVIP grant in combination with other grant funding would make the cost comparable to diesel collection vehicles; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney: (as applicable to contracts)
NOW, THEREF'ORE, BE IT RESOLVED that the City Council of the City of Folsom hereby authorizes the City Manager to apply for a grant for Hybrid andZero-Emission Truck and Bus Voucher Incentive Project (HVIP) funding through Western Truck Parts and Equipment Co, LLC for the purchase of two electric refuse collection vehicles.

PASSED AND ADOPTED this 23'd day of August2}22,by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Resolution No. 10907
Page I of2 Page 743
08/23/2022 Item No.20.

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10907
Page2 of2 Page 744
08/23/2022 Item No.20.
,; ii"I:,.'J il"l
Folsom City Council
Staff ort

RECOMMENDATION / COUNCIL ACTION
The Parks and Recreation Department recommends that the City eouncil approve Resolution No. 10908 - A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2022-23 to the Sacramento Area Council of Governments.

BACKGROUND / ISSUE
The Sacramento Area Council of Governments (SACOG) requires annual submission of funding claims regarding the use of Transportation Development Act (TDA) funds in the form of Local Transportation Funds (LTF). These funds are used by the City of Folsom for pedestrian and bicycle facilities.

POLICY / RULE
SACOG requires City Council approval for Transportation Development Act Claim submissions.

ANALYSIS
The portion of LTF funds for pedestrian and bicycle facilities available to the City of Folsom is calculated each year on a percentage of sales tax based on population. The amount of $90,322, which includes all LTF pedestrian and bicycle funds, is the amount estimated by SACOG to be available for Fiscal Year 2022-23.

I
MEETING DATE: 8t2312022
AGENDA SECTION: Consent Calendar
SUBJECT: ResolutionNo. 10908 - A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2022-23 to the Sacramento Area Council of Govemments
FROM: Parks and Recreation Department

08/23/2022 Item No.21.

FINANCIAL IMPACT
Approval of the Fiscal Year 2022-23 TDA claim, in the amount of $90,322, by the City of Folsom and the SACOG Board of Directors will provide additional frrnding for pedestrian and bicycle facility projects without reliance on the City's General Fund.

ATTACHMENTS

1. Resolution No. 10908 - A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2022-23 to the Sacramento Area Council of Governments

2. Transportation Development Act Claim Packet
Submitted,
Lorraine Poggione, Parks and Recreation Department Director 2 Page 746
08/23/2022 Item No.21.

ATTACHMENT 1

08/23/2022 Item No.21.

RESOLUTION NO. 10908

A RESOLUTION AUTHORIZING SUBMISSION OF FOLSOM TRANSPORTATION

DEVELOPMENT ACT CLAIM FOR PEDESTRIAN AND BICYCLE FACILITIES FY 2022.23 TO THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS WHEREAS, the Transportation Development Act (TDA) of 1974 allows two percent (2%) of the Local Transportation Fund apportionment to be made available exclusively for pedestrian and bicycle facilities; and
WHEREAS, the City desires to utilize these authorized TDA fund for construction, maintenance, and repair of existing and future bicycle and pedestrian facilities throughout the City of Folsom; and
WHEREAS, the Sacramento Area Council of Governments has estimated the amount of TDA funds available to the City of Folsom for bicycle and pedestrian facilities in Fiscal Year 2022-23 to be $90,322; and
WHEREAS, the Sacramento Area Council of Governments requires a claim package be submitted to receive the TDA allocation, including a resolution approved by the City Council authorizing the filing of the claim; and
WHEREAS, the agreement will be in a form acceptable to the City Auorney NOW' THEREX'ORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2022-23 inthe amount of $90,322, along with any subsequent amendments should the amount of requested funds be adjusted.

PASSED AND ADOPTED this 23'd day of August2}22,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10908

08/23/2022 Item No.21.

ATTACHMENT 2

08/23/2022 Item No.21.

SACOG

TRANSPORTATION

DEVELOPMENT ACT
CLAIM PACKE1
Sacramento Area Council of Governments
I4I5 L Street. Suite 300
Sacramento, CA 95814

08/23/2022 Item No.21.

Tnn NspoRTATroN Dnvrr,opnnrNr Acr
Cr.llnn Cnncrr,rsr
Please check the following items as either included with the attached TDA claim package or on f,rle at SACOG Item Claimant Attached On File
TDA-I Annual Transportation Development Claim All Claimants X N/A TDA-2 Project and Expenditure Plan (for the fiscal
year of this claim and prior fiscal year) All Claimants X N/A TDA-3 Status of Previously Approved Projects All Claimants X N/A TDA-4 Statement of Conformance All Claimants X N/A
TDA-5 TDA Claim Certification All Claimants X N/A
Resolution by governing body that authorized the claim All Claimants X N/A CHP Safety Compliance Report (completed within the
last 13 months) Claimants for transit service
Adopted or proposed budget for the fiscal year ofthe
claim Claimants for transit service
Signed copy oftransit service contract Claimants for transit service Area wide transfer agreement and resolution Claimants that allow inter- system transfers
Information establishing eligibility under effi ciency
criteria - STA Operator Qualifuing Criteria calculation based on Section 99314.6
Claimants for revenue-
based STA funds
Certification that claim is consistent with Capital
Improvement Program
Claimants for bike/ped
facilities X N/A
Compliance with PUC Sections 99155 and 99155.5 Claimants for transit service Copy of Ten-Year Capital & Operations Program Claimants for transit service

08/23/2022 Item No.21.

TDA-1
TT.NSpoRTATION DNvnIOPMENT ACr CTATNN
TO: Sacramento Area Council of Governments
l4I5L Street, Suite 300
Sacramento, CA 95814
FROM:

Claimant City of Folsom,
Parks and Recreation Department
Zip Code 95630
Brett Bollinger
(er6) 46r-6632
bbollinger@folsom. ca.us
The above claimant hereby requests, in accordance with authority granted under the Transportation Development Act and applicable rules and regulations adopted by the Sacramento Area Council of Governments (SACOG), that its request for funding be approved as follows:

LTF:
$ 17,788 Amended F'Y 2021-22
Address
City
Contact Person
Telephone
E-Mail
50 Natoma Street
Folsom
$ 108oll0 Total Claim
STA: None
Lorraine PoggioneSubmiued by:

Title:

Date:

Parks and Recreation Director

08/23/2022 Item No.21.

Claimant City of Folsom Fircal Year: X'Y21-22
trlmd Balance-
Tnreit Fedearl6tate
Otherlnconp
and Intercst Totrl
TDASTA.SGR
Yr21-22 Trrnsit Farcs GenenlXiud
ProjectTfth and
TDAAnicb Number TDAUIT
Yr2t:22
TDASTA
Y{21:22
$90,322.00Atble 8 Section9923(c)
Pedestainard Bftes $90,322.00
$0.00 $90,322.00$0.00 $0.00 $0.00 $0.00$90,322.00 $0.00 $0.00Total

08/23/2022 Item No.21.

TDA_3
Su.rus or Pnrvrousr,y Appnovnu Pno.rncrs
Instructions
-
Describe the status of all prior fiscal year TDA claim projects and any projects from previous years that are still active, as follows:
r Include both operating and capital budgets
r Approved amounts should be specified in TDA claims approved by SACOG r Expenditures should be to date
r Project status should be either "Complete" or "Active" Fiscal Year Project Title Amount
Approved Expenditures Project
Status
FY 2021-22
Folsom-Placerville Rail Trail
(PK1604) $36,000 $36,000 Active
FY 2020-21 Trail Connection Projects Design $110,000 $110,000 Complete FY 2018-19
Lake Natoma Class I Trail - Phase II
(PK0e02) $r24,900 $r24,900 Complete
FY 2018-19
Johnny Cash Trail - Phase II
(PK27tt) $96,660 $96,660 Complete
TOTAL $367,560 $367,560

08/23/2022 Item No.21.

TDA_4
SrlrrnnnNT oF CoNronivnxcn
Form TDA-4 must be completed and signed by the Administrative Offrce of the submitting claimant.

Certified by the Finance Director
Stacey Tamagni
Date
Certified by City Clerk
Christa Freemantle
Date
The City of Folsom hereby certifies that the Transportation Development Act claim for fiscal year FY 2l-22 (revised) and22-23 in the amount of $108,110 (LTF) and $0 (STA) for a total of $108,110 conforms to the requirements of the Transportation Development Act and applicable rules and regulations. (See Attachment A for listing of conformance requirements)

08/23/2022 Item No.21.

TDA_s
TDA Curvr CnnrrrrcATloN F'onnn
Signature of Finance Director
Stacey Tamagni
Agency Name City of Folsom
Date
I, Stacev Tamagni, Finance Director for the ofF
do hereby attest, as required under the California Code of Regulations, Title 21, Division3, Chapter 2, Section 6632,to the reasonableness and accuracy of the following:
(a) The attached budget or proposed budget for FY 2022-2023 (b) The attached certification by the Department of the California Highway Patrol verifuing that The CiE of Folsom is in compliance with Section 1808.1 of the Vehicle Code, as required in Public Utilities Code Section9925l. (c) The revised amount of FY 2021-2022 maximum eligibility for moneys from the Local Transportation Fund and State Assistance Fund, as defined in Section 6634 ts $17 788
(d) The estimated amount of FY 2022-2023 maximum eligibility for moneys from the Local Transportation Fund and State Assistance Fund, as defined in Section 6634 is $90.322

08/23/2022 Item No.21.

Folsom City Council
Staff ort
MEETING DATE: 812312022
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 10909 - A Resolution Authorizing the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC for the Purchase of Two Electric Refuse Collection Vehicles and Appropriation of Funds
FROM: Public Works Department

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 10909 - A Resolution Authorizing the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC for the Purchase of Two Electric Refuse Collection Vehicles and Appropriation of Funds.

BACKGROUND / ISSUE
The Folsom 2035 General Plan adopted by the Folsom City Council includes a goal of reducing the consumption of carbon-intensive fuels. In Fiscal Year 2021-22 the City of Folsom corporation yard operations purchased about 225,000 gallons of diesel fuel. About 90o/o of that was utilized in the City's fleet of refuse collection vehicles. Also, with the addition of weekly organics collection in July 2022 diesel fuel use has increased. The exhaust from diesel engines exposes the community to dangerous greenhouse gas emissions. Converting to electric refuse trucks has the potential to significantly reduce greenhouse gas emissions produced by City operations. The initial purchase price of electric refuse trucks far exceeds the cost of diesel trucks, but the operational cost is estimated to be much lower, so long-term savings are expected. To evaluate the effectiveness of this technology within city operations, and to begin implementation of the California Air Resources Board fleet electrification requirements, the Public Works Department is seeking authorization to purchase two electric refuse vehicles as a pilot project.
1

08/23/2022 Item No.22.

Understanding the feasibility of electric vehicle technology in waste collection operations will also position the City of Folsom for compliance with California Air Resources Board regulations which require a progressive increase in the percentage of heavy-duty electric vehicles sold in California. By 2035,75Yo of class 8 trucks sold in California will have to be electric.

There are several incentives currently available to assist fleet owners with the transition to electric technology. The Waste and Recycling Divisions (Division) have been working to secure as much funding as possible to offset the cost to the city to invest in this technology.

The table below shows the status of current funding'
Electric Refuse Vehicle
*Acronyms used in the above table are as follows: Sacramento Metropolitan Air Quality Management District (SMAQMD), California Air Resources Board (CARB), South Coast Air Quality Management District (SCAQMD), Lower Emission Vehicle Incentive Program (LEVIP), Sacramento Emergency Clean Air & Transportation Grant Program (SECAT), California's Hybrid andZero-Emission Truck and Bus Voucher Incentive Project (HVIP), Volkswagen Environmental Mitigation Trust Program (VW).

Each of the funding sources shown in the above table requires the purchase of two electric refuse vehicles. Funding from LEVIP, SECAT, and HVIP can be combined. The VW funding cannot be combined with any of the others. The Division is requesting authorizationto proceed with the purchase of two electric refuse trucks utilizing the three funding sources that can be combined and forgoing the VW funding.

To use HVIP funding the city must apply for discount vouchers through an HVIP approved dealer. The Division has selected Western Truck Parts and Equipment Company, LLC (WTP) to supply the vehicles. The specific trucks being requested use the same body as other refuse trucks in our Fleet and the chassis will be built by the same manufacturer producing our diesel- powered trucks. The similarity between the new electric trucks and our diesel fleet increases the ability of our internal Fleet Division to service and maintain these vehicles.

The remaining funding for the pilot project will come from the Solid Waste Fund. The rate study conducted in202l included the assumption that these electric refuse vehicles would be purchased. As a pilot project, the funding amount was above and beyond that planned for the regular collection fleet. The Division did not include this funding in the fiscal year 2022-23 2 Agreement executed. Arnendnrent to change vehicles and tinreline pendng approval of purchase.

LEVIP $ 102,361SMAQMD
Agreernent executed. Anrendment to change vehicles and
timeline pendrrg approval of purchase.

SECAT $ 200,000SMAQMD
Pending approval ofvehicle purchase orderHVIP $ 240,000CARB Agreement executed. Cannot be combined with other
furdlrC.

VW $ 400,000SCAQMD
Gmntor* Funcling Source* Amount Status

08/23/2022 Item No.22.
budget and is requesting an appropriation now that a vendor and specific vehicles have been selected.

Production of the electric trucks is anticipated to begin in spring of 2023 with receipt of the vehicles anticipated to occur in fiscal year2023-24. This will allow adequate time to install the infrastructure needed for charging. The Public Works Department is managing the infrastructure project. Approval of the infrastructure and appropriation of funds will be submitted as a separate resolution.

POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $66,141 or greater shall be awarded by the City Council.

Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, service, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.

ANALYSIS
Electric vehicle technology has the potential to eliminate emissions from refuse collection vehicles; however, it is relatively new to the waste collection industry. The Division is seeking approval to purchase two electric refuse vehicles, one side loader for residential can service and one rear loader for bulky waste collection. The goal ofthis pilot is to evaluate the feasibility of electric vehicle technology in Folsom's waste operation. Purchasing two types of vehicles will allow datato be collected for services with different characteristics such as miles traveled and stops per day. The Division will test the range and function of the vehicles as well as downtime and maintenance costs, which are estimated to be approximately 40% less for electric refuse trucks compared with diesel.

In addition to being an HVIP approved dealer, WTP will provide pricing through a purchasing agreement with Sourcewell, a national cooperative bidding entity of which the City of Folsom is a member. Sourcewell contract number 060920-CRN will be used for both vehicles. The cost of the side loader is $704,230.83 and the rear loader is $648,430.34. After all grant funding, the net cost of the two electric trucks is $810,300. The current cost of diesel equivalents is $8 I 0,363.

The Division will also purchase two chargers, one 50 kW and one 24 kW. Since range is a critical factor of success with electric trucks, the Division will evaluate if a fast charger is necessary for midday charging under certain circumstances or if overnight charging is sufficient to consistently meet operational needs. The two chargers needed for the pilot project are estimated to be approximately $60,000 and are not included in the current appropriation request and also does not include the cost of the infrastructure aJ Page 759
08/23/2022 Item No.22.

The Public Works Department is working with Sacramento Municipal Utility District (SMUD) on the necessary infrastructure to support the transition to electric fleet vehicles. SMUD has completed the design and the next step will be a request for proposals to upgrade the transformer and install conduit to the charger locations. The design will support the expansion of additional charging stations as the city expands its light and heavy-duty fleets. The infrastructure to support the charging stations is anticipated not to exceed $100,000; however, a final cost will be provided when the project is awarded. The Public Works Department has also submitted a request for SMUD incentives to contribute toward the electrification project; however, at this time funding from SMUD has not been secured.

FINANCIAL IMPACT
The cost of two electric refuse vehicles is $1,352,661 and will be primarily funded by the Solid Waste Operating Fund (Fund 540) as planned in the 2021 rate study. The HVIP funding of $240,000 will apply to the purchase price when the vehicles are ordered so the capital outlay and appropriation request is $1,112,661. Once the vehicles are received and the expense has been incurred the Division will be eligible for grant reimbursements of $302,361 from SMAQMD. After discounts and reimbursements, the net purchase price, not including infrastructure is $810,300. The purchase of the two electric vehicles is contingent on the award of the HVIP grant. If the grant is not approved the purchase will be cancelled or staff will return to the council to request additional funding.

The Public Works Department is requesting an appropriation and authorizationto purchase the vehicles in Fiscal Year 2022-23; however, production is not expected to begin until spring of 2023. The dealer had provided a preliminary estimate of delivery in the middle of Fiscal Year 2023-24, but this estimate is subject to change upon confirmation of the order.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).

ATTACHMENT
Resolution No. 10909 - A Resolution Authorizing the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC for the Purchase of Two Electric Refuse Collection Vehicles and Appropriation of Funds
Submitted,
4 Mark Rackovan, Public Works Director

08/23/2022 Item No.22.

RESOLUTION NO. 10909

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH WESTERN TRUCK PARTS AND EQUIPMENT COMPANYO

LLC FOR THE PURCHASE OF TWO ELECTRIC REFUSE COLLECTION VEHICLES

AND APPROPRIATION OT' FUNDS
WHEREAS, the Public Works Department Waste and Recycling Divisions desire to purchase one electric side loader refuse collection vehicle and one electric rear loader refuse collection vehicle to pilot the feasibility of electric vehicle technology within the waste collection operation; and
WHEREAS, the Folsom 2035 General Plan commits to reducing the consumption of carbon-intensive fuels through the purchase of more efficient vehicles; and WHEREAS, refuse collection vehicles consume more diesel fuel than any other City of Folsom fleet vehicles; and
WHEREAS' the Waste and Recycling Divisions have selected Western Truck Parts and Equipment Company, LLC (WTP) to supply electric refuse collection vehicles; and WHEREAS' staff has secured reimbursement grant funding of $302,361 from the Sacramento Metropolitan Air Quality Management District (SMAQMD); and WHEREAS, WTP is an approved dealer for California's Hybrid andZero-Emission Truck and Bus Voucher Incentive Project (HVIP); and
WHEREAS, WTP will use HVIP funding vouchers in the amount of $240,000 to discount the City of Folsom electric refuse truck purchase; and
WHEREAS, this purchase will be made through Sourcewell, which used its recognized cooperative purchasing agreement to award a contract to Western Truck Parts and Equipment Company, LLC in an amount not to exceed $1,352,661; and WHEREAS, sufficient funds are available in the Solid Waste Operating Fund (Fund 540); and
WHEREAS' an appropriation will be required in the amount of $1,112,66I; and WHEREAS, the agreement will be in a form acceptable to the City Attomey:

NOW, THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom hereby authorizes the City Manager to Execute an Agreement with Western Truck Parts and Equipment Company, LLC for the Purchase of Two Electric Refuse Collection Vehicles, for an amount not to exceed $I,112,661which includes the use of HVIP grant vouchers in the amount of Resolution No. 10909
Page I of2 Page 761
08/23/2022 Item No.22.
$240,000
NOW, THEREFORE, BE IT F'URTHER RESOLVED that the Finance Director is authorized to appropriate $1,112,661 from the Solid Waste Operating Fund (Fund 540) for the Electric Refuse Collection Vehicle Pilot Project. The additional appropriation will utilize $810,300 of current fund balance and $302,361 will also be appropriated as grant revenue.

PASSED AND ADOPTED this 23'd day of August2}22,by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 10909
Page2 of2 Page 762
08/23/2022 Item No.22.
' :{ i i
' , ! i .-I
r,, r,,,!!,!a r
.i r:':1'1
Folsom City Council
Staff rt

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council introduce and conduct the first reading of Ordinance No. l33l - An Ordinance of the City of Folsom Adding Sections

10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District.

BACKGROUND / ISSUE
In 2019 the City Council directed the formation of the Historic District Ad Hoc Parking Solutions Committee, which was a committee comprised of residents, business owners, and other community stakeholders to develop recommendations to address the parking issues facing the Historic District. The committee completed their work in Spring 2020 andreported their findings and recommendations back to City Council, which the City Council then in turn directed staff to implement over time. One of the committee's high-priority recommendations was to establish a Residential Permit Parking Program to limit the intrusion of non-resident parking into designated residential areas within the Historic Distript.

In June 2022 the City completed a six-month permit parking pilot and determined that apermit parking program could be a viable element of the overall parking management strategy in the Historic District. At the JuIy 23, 2022 meeting, the Council directed staff to prepare an ordinance for their consideration that would enact a permanent program that would allow 1 MEETING DATE: 812312022
AGENDA SECTION: New Business
SUBJECT: Ordinance No. 1331 - An Ordinance of the City of Folsom Adding Sections 10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District (Introduction and First Reading)
FROM: Public Works Department

08/23/2022 Item No.23.
interested parties to request that the City designate and post permit parking restrictions in their residential area of the Historic District and to obtain permits that would allow them to park within those designated areas.

In directing staff to prepare an ordinance, the Council requested that the draft ordinance give the Council the ability to determine the number of permits which could be issued to each address, the cost of each permit, and whether guest permits should be issued. Staff also felt it important that the Council decide whether there should be a minimum approval threshold to determine if a majority of residents within a proposed permit zone support the plan.

DISCUSSION
Staff has prepared a draft. ordinance in accordance with Council's direction and has assessed existing permit parking programs throughout the State of California to evaluate the range of costs, numbers of permits issued, status of guest permits, and approval thresholds for Council's consideration. Staff will present the results of their permit program assessment and will incorporate Council's desired outcomes into the final ordinance' If the first reading is approved, staff will prepare a companion resolution for Council approval at the September 27,2022 meeting to enact a Residential Permit Parking zone in the Historic District.

FINANCIAL IMPACT
The implementation of a permit parking program will result in an as-yet determined number of staff hours for program administration and potentially parking enforcement. The program would also require City resources inthe form of signs, window decals, and placards. It is staff s recommendation that the costs associated with this program be borne by permit holders only, with no cost to the general public. However, given that the costs of the program divided by the number of permits issued is an unknown value, it is recommended that the cost per permit be set initially at an annual amount of $25 per permit. Any costs associated with the program above and beyond this per permit cost will be a General Fund liability.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).

ATT
Ordinance No. 1331 - Ordinance of the City of Folsom Adding Sections 10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code to Establish a Residential Permit Parking Program in Designated Areas of the Historic District (Introduction and First Reading) 2

08/23/2022 Item No.23.

Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
a-t

08/23/2022 Item No.23.

ORDINANCE NO. 1331
AN ORDINANCE OF THE CITY OF FOLSOM ADDING SECTIONS 10.20.290,

10.20.295,AND 10.20.300 TO THE FOLSOM MUNTCIPAL CODE TO ESTABLISH A

RESIDENTIAL PERMIT PARKING PROGRAM IN DESIGNATED AREAS OF THE

HISTORIC DISTRICT
The City Council of the City of Folsom does hereby ordain as follows:

SECTION 1 PURPOSE
The purpose of this Ordinance is to establish a Residential Permit Parking Program in areas designated by the City Council in the Historic District by adding Sections 10.20.290,10.20.295, and 10.20.300 to the Folsom Municipal Code.

SECTION 2 ADDITION TO CODE
Section 10.20.290 is hereby added to the Folsom Municipal Code to read as follows:

10.20.290 Residentialpermitparkingprogram.

A. A residential permit parking program in the Historic District is established in areas designated by Resolution of the City Council, which may be amended from time to time, to provide preferential parking to residents of those specified areas by exempting them from limitations or prohibitions established for parking of vehicles in such areas.

B. Unless displaying a valid permit issued under this Section or otherwise exempt under Section

10.20.300, no person shall stop, stand, or park a vehicle in areas designated for residential permit parking [during the times set by Resolution of the City Council].

C. For purpose of the residential permit parking program, vehicles include any device designed for transportation such as, for example, motor vehicles, motorcycles, bicycles, as well as carts and trailers whether or not attached to a vehicle.

SECTION 3 ADDITION TO CODE
Section 10.20.295 is hereby added to the Folsom Municipal Code to read as follows:

10.20.295 Permits to be issued.

Upon payment of a fee to be set and amended from time to time by Resolution of the City Council, the City shall issue residential parking permits, in a quantity to be specified by Resolution of the City Council, to residents residing in the designated areas. When such permit is appropriately displayed, that permitted vehicle shall be exempt from any parking limitation or prohibition in effect atthatlocation. Permits shall not exempt residents from all other provisions ofthe Califomia Ordinance No. l33l
Page I of3 Page 766
08/23/2022 Item No.23.

Vehicle Code or Folsom Municipal Code in force and effect within such area notwithstanding the permit program.

SECTION 4 ADDITION TO CODE
Section 10.20.300 is hereby added to the Folsom Municipal Code to read as follows:

10.20.300 Fxemption for official duties.

The following vehicles shall be exempt from the permit parking requirements while used in the performance of their official duties:

A. City, county, state, federal government vehicles.

B. Emergency vehicles.

C. Public/private ambulances.

D. Utility company vehicles (e.g., natural gas, electrical, telephone, internet, etc.) E. Federal and private mail and package delivery vehicles.

F. Any private commercial business vehicle performing a service (e.g., landscaping, construction, pest control, housekeeping, pool cleaning, etc.)
SECTION 5 SCOPE
Except as set forth in this Ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect.

SECTION 6 NO MANDATORY DUTY OF CARE
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons and property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 7 SEVERABILITY
Ifany section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.

OrdinanceNo. 1331

08/23/2022 Item No.23.

SECTION 8 EFFECTIVE DATE
This ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on August 23,2022 and the second reading occurred at the regular meeting of the City Council on September 13, 2022.

On a motion by Council Member seconded by Council Member the foregoing Ordinance was passed and adopted by the City Council of the City ofFolsom,StateofCalifornia,this-dayof-2022,bythefollowingroll-cal1 vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Council Member(s):

Council Member(s):

Council Member(s):

Keni M. Howell, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Ordinance No. l33l

08/23/2022 Item No.23.

Folsom City Council
Staff Re rt
Provide direction to staff as to the continuance of the Proclamation of COVID-I9 Local Emergency declared by City Council Resolution No. 10408.

BACKGROUND / ISSUE
At a City Council Emergency Meeting on March 16,2020,the City Council adopted ResolutionNo. 10408 (Attachment 1), A Resolution of the City Council Proclaiming Existence of A Local Emergency. The Council took this action as the rapid spread of COVID-19 in Sacramento County and throughout the State of Califomia presented conditions of extreme peril for the Folsom, warranting and necessitating the proclamation of the existence of a local emergency.

Staff was recently asked by the City Council to agendize a discussion with the City Council to review the proclamation declaring the existence of the COVID-I9 local emergency.

POLICY / RULE
The California Emergency Services Act and the Folsom Municipal Code empower the City Council to proclaim the existence or threatened existence of a local emergency when the City is affected or likely to be affected by a public calamity. The City Council shall proclaim termination of the local emergency at the earliest possible date that conditions warrant per Folsom Municipal Code Section 2.28.040(4).
1 MEETING DATE: 8t2312022
AGENDA SECTION: Old Business
SUBJECT: Review Proclamation of COVID-I9 Local Emergency Under City Council Resolution No. 10408 and Direction to Staff FROM: City Manager's Office

08/23/2022 Item No.24.

ANALYSIS
The Governor of the State of California proclaimed a State of Emergency in California as a result of the threat from the rapid spread of COVID-19 on March 4,2020; that State of Emergency remains in effect. The Sacramento County Public Health Officer proclaimed a public health emergency in Sacramento County due to the threat to public health and safety from COVID-l9 on March 5,2020, and the Sacramento County Board of Supervisors ratified the County's Proclamation of Local Public Health Emergency on March 10,2020.

The County's emergency proclamation remains in effect as well. As of this writing, all of the cities within Sacramento County still have States of Emergency related to the COVID-19 pandemic in effect for their cities.

Folsom's State of Emergency also remains in effect. On the basis of the City Council declaration of a local emergency, the City's Director of Emergency Services (the City Manager) is empowered to make and issue rules and regulations on matters reasonably related to the protection of life, environment, and property as affected by such emergency, and that such emergency rules and regulations must be confirmed by the City Council at the earliest practicable opportunity. As such, consistent with Section2.28.040(Ex1) of the Folsom Municipal Code, the City Manager executed seven Emergency Orders related to the COVID-I9 emergency that were later ratified by a vote of the City Council. The staff reports and accompanying City Council resolutions ratiffing those Emergency Orders are attached (Attachments 2-8). It should be noted that the Emergency Orders would be terminated simultaneously should the City Council choose to terminate the State of Emergency.

The City Manager and City Attomey will facilitate a discussion with the City Council as to Folsom's current State of Emergency related to the COVID-I9 pandemic, the details of the related Emergency Orders, and possible strategies to codifr portions of the Emergency Orders outside of a State of Emergency if that is the Council's desire and direction.

FINANCIAL IMPACT
At this time, staff is not aware of any pending City financial reimbursement claims that are directly tied to or contingent on Folsom's current State of Emergency declaration. It remains to be seen if there would be a possible financial impact to terminating the State of Emergency in the future in terms of reimbursement eligibility. Termination or continuation of components of various Emergency Orders could have financial consequences, which staff can research and review in further detail as directed by the City Council.

ENVIRONMENTAL REVIEW
This action is not considered a project under Section 15061(b)(3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review. 2

08/23/2022 Item No.24.

ATTACHMENTS
l. Resolution No. 10408 - A Resolution of the City Council of the City of Folsom Proclaiming Existence of A Local Emergency

2. Resolution No. 10409 - A Resolution of the City Council Confirming Emergency Order DES-01-20 Issued by the Director of Emergency Services

3. Resolution No. 10411 - A Resolution of the City Council Confirming Emergency Order DES-02-20 Issued by the Director of Emergency Services

4. Resolution No. 10422 - A Resolution of the City Council Confirming Emergency Order DES-03-20 Issued by the Director of Emergency Services

5. Resolution No. 10433 - A Resolution of the City Council Confirming Emergency Order DES-04-20 Issued by the Director of Emergency Services

6. Resolution No. 10485 - A Resolution of the City Council Confirming Emergency Order DES-05-20 (Amended) Issued by the Director of Emergency Services 7 . Resolution No. 10600 - A Resolution of the City Council Confirming Emergency Order DES-06-20 Issued by the Director of Emergency Services
i

8. ResolutionNo. 10678 - A Resolution of the City Council Confirming Emergency Order DES-07-20 Issued by the Director of Emergency Services
Submitted,
Elaine Andersen, City Manager
J Page 771
08/23/2022 Item No.24.

ATTACHMENT 1-

08/23/2022 Item No.24.

RESOLUTION NO. 10408

A RESOLUTION OF'THE CITY COUNCIL OF THE CITY OF F'OLSOM

PROCLAIMING EXISTENCE OF A LOCAL EMERGENCY
WHEREAS, the Govemor of the State of California proclaimed on March 4,2020 a State of Emergency to exist in California as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-I9); and WHEREAS, Sacramento County has reported community transmission of COVID-l9 in the County, with multiple cases of confirmed patients, and there is an ongoing risk and likelihood of additional COVID-l9 positive patients being identified in Sacramento County; and WHEREAS, on March 5,2020,the Sacramento County Public Health Officer proclaimed a public health emergency in Sacramento County due to the threat to public health and safety from COVID-l9; and
WHEREAS, the Sacramento County Board of Supervisors ratified the County's Proclamation of Local Public Health Emergency on March 10,2020; and WHERAS, there is currently no vaccine or medical ffeatment specifically for COVID-l9, which constitutes a potential epidemic under Section 8558 of the Govemment Code that, by reason of its magnitude, is potentially beyond the control of the services, personnel, equipment and facilities of the City of Folsom and requires the combined forces of a mutual aid region or regions to contain, control, combat, treat and mitigate; and WHEREAS, for the past 10 days, the spread of COVID-I9 has'been escalating and could significantly, negatively and adversely impact the local Folsom economy due to the illness (or precautions taken to prevent or avoid contracting the illness) of those engaged in activities and businesses critical to the local economy; and
WHEREAS, the California Emergency Services Act empowers the City Council to proclaim the existence or tlueatened existence of a local emergency when the City is affected or likely to be affected by a public calamity; and
WHEREAS, the City Council has been requested by the City's Director of Emergency Services to proclaim the existence of a local emergency therein; and WHEREAS, the City Council does hereby find that conditions of extreme peril to the safety of persons and property have arisen within the City of Folsom, caused by the rapid spread of COVID-I9 in Sacramento County and throughout the State of Califomia, commencing the 6th day of March, 202Q, and that the aforesaid conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.

Resolution No. 10408
Page I of2

08/23/2022 Item No.24.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom proclaiming the existence of a local emergency caused by the rapid spread of a respiratory illness known as novel coronavirus 2019 (COVID-I9) since March 6, 2020, and that said local emergency continues to exist throughout the City of Folsom.

BE IT RESOLVED that during the existence of said local emergency the powers, functions and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, by charter, ordinances and resolutions of the City of Folsom.

BE IT RESOLVED that said local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Folsom.

PASSED AND ADOPTED this l6th day of March,2020,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s): Gaylord, Howell, Kozlowski, Sheldon, Aquino None
None
None
ATTEST:

Resolution No. lM08
Page2 of2
CLERK

08/23/2022 Item No.24.

ATTACHMENT 2

08/23/2022 Item No.24.

RESOLUTIONNO. TO4O9

A RESOLUTION OT'THE CITY COUNCIL CONFIRMING
EMERGENCY ORDER DES.O1.2O ISSUED BY THE

DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Govemor of the State of California proclaimed on March 4,2020 a State of Emergency to exist in California as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-I9); and WHEREAS, Sacramento County has confirmed community transmission of COVID-l9, with multiple cases of diagnosed patients, and cautioned that the rapid transmission of COVID- 19 poses an ongoing risk and likelihood of additional patients in Sacramento County; and WHEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-I9; and WHERAS, there is currently no vaccine or medical treatment specifically for COVID-I9, which constitutes a potential epidemic under Section 8558 of the Govemment Code that, by reason of its magnitude, is potentially beyond the control of the services, personnel, equipment and facilities of the City of Folsom and requires the combined forces of a mutual aid region or-_- regions to contain, control, combat, treat and mitigate; and WHEREAS, on March 1,6, 2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the City Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Mtrnicipal Code, the City's Director of Emergency Services issued rules and regulations in Emergency Order DES-01-20 in the interest of protecting life and property affected by the COVID-19 emergency; and WHEREAS, rules and regulations issued by the City's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that Emergency Order DES-0i-20 is hereby confirmed, and all actions taken in furtherance thereto are hereby ratified and approved.

PASSED AND ADOPTED this 27th day of March,2020,by the following roll-call vote:

AYES:

NOES:

Resolution No. 10409

Council Mernber(s): Gaylord, Howell, Kozlowski, Sheldon, Aquino Cowrcil Member(s): None

08/23/2022 Item No.24.

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

None
None
t*o
ATTEST:

ResolutionNo. 10409
Page2of2
CITY
l
+'
t

08/23/2022 Item No.24.

CITY OF FOLSOM
OFFICE OF THE CITY MANAGER i 50 NATOMA STREET, FOLSOM, CA 95630 iWWW.FOLSOM.GA.US lFtoll.,tit{}S,ll

EMERGENCY ORDER
DES-o1-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2O2O in response to the rapid spread of the novel coronavirus (COVID-19), the Governor's Executive Orders (including but not limited to N-33-20), the Order of the Sacramento County Health Officer dated March L9,2O2O, the City's Proclamation of a Local Emergency dated March 76,2020, and Government Code Section 8534, I hereby issue the following Order:

L. All law enforcement officers under the command of the City of Folsom Chief of Police shall take all steps necessary to cause the dispersal and prevent the continuation of large outdoor gathering of people (over 10 individuals) in the City of Folsom, whether or not practicing social- distancing (maintain at least 6-feet from any other person), whenever the law enforcement officer on the scene has reason to believe the gathering endangers or is likely to endanger the health and safety of persons from the spread of COVID-19. Nothing in this Order prohibits the gathering of members of a household or living unit, or the gathering of people for the limited purposes expressly permitted in Section 10 of the Order of the Sacramento County Health Officer.

2. All non-essential permanent City employees designated by the Human Resources Department shall stay home from the date of this Order until March 3t, 2O2O and follow the State and Sacramento County's stay home orders. Said employees will be provided paid administrative leave through March 3L,2O2O and are subject to work assignments as determined by their Department Director from time to time.

3. All permanent City employees performing essential services as determined by the Human Resources Department shall continue to report to their work locations and perform their duties.

4. Rental payments for rental or lease of City facilities under a formal written Iease agreement or concessionaire agreement due and payable to the City shall be waived from the date of this Orderto May 3L,2A2O.

5. The Contract Between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals for Shelter Services dated January L,2O!8 shall be modified per emergency request from the Sacramento SPCA as shown in Exhibit "A" attached to this Order, from the date of this Order to May L,2O2O.

FOLSOM, CA _ INCORPORATED 1946

08/23/2022 Item No.24.

Failure of any person to comply with this Order and any order issued by a law enforcement officer pursuant to this Order constitutes an imminent threat to public health.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom, its departments, officers, employees, or any other person.
lf any provision of this Order to the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice IT IS 50 ORDERED:

DES-01-20
Date: March20,2O2O By: / sisned /
Elaine Andersen
City Manager
Director of Emergency Services
2of 3

08/23/2022 Item No.24.

TIME
Mafch

RECETVED
20, 20a0 at 5:19;
REIIOTE C5ID DURATION
35 FA€E5 STATUS
Recei vedPIVI PDT 364 50 I
Agt29/2A84 L8:54 3836458 JAY AND ELAINE PAGE ts].

Failure of any person to comply with this Mer and any oldEr issued bv a law enforcement officer pursuant to thl5 Order constitutes ail immlncnt thrcat to publiC health.

This Order ls not lntended to. rnd docs not, creatE any rfhts or beneftts, subgtantlve or procedural, enforceable et lrw or in equity, agrlnrt th€ Clty qf Folsom, lts dePartments, offlcers, cmployees, or anv oth$ Person-
lf any prodslon of this Order to the appllcatlon thereof lo any peruon or citcumstancrs is held to be lnvalid, the remainder of the Order, including the appllcation of sudl peft or provisiorr to other perrons or circumstances, shetl not be affected afid $hlll continur in full force end effect.

To this end, the provlslons of this Order ale severable' Thls order shall be fil6d in the CIty clerlCs office and Elven widespread publlclty and notice' ITI$SOORDEREDI
DES{1-10
Date: March 20,2020 By:

Elalnc fuidensen
City Manager
Director of Emergency Services
2ol3

08/23/2022 Item No.24.

EXHIBIT A
The Contract Between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals for Shelter Services dated January 1, 2018 shall be amended for the period from March 20,2020 to May L,2O2O as follows:
1) The SSPCA will only intake stray animals from the Folsom Jurisdiction in need of advanced medical care, and those animals will be treated by the SSPCA medical staff and transferred to foster homes after 72 hours if no owner is found.
2l Healthy cats and kittens over the age of 8 weeks will not be accepted and must be returned to the neighborhood they were found and not brought into the SSPCA shelter unless medically necessary. SSPCA will continue to take unweaned animals. 3) lf a cat or dog is deemed aggressive or "unadoptable" after it becomes rnedically stable, SSPCA may proceed with euthanasia if no owner is found after the five day holding period Since the SSPCA will be closed to the public, this five-day period begins on the day of intake.
4) The SSPCA is willing to continue housing dogs under Bite Quarantine (BQ), if absolutely necessary. BQ in the home setting is preferred but SSPCA recognizes this is not always an option.
5) The SSPCA will remain available to house Protective Custody casei, should the need arise, with coordination between Folsom and the SSPCA. The SSPCA will require ALL behaviorally sound protective custody animals be eligible for off-site foster care through SSPCA approved foster homes.
6) lf an animal owner comes to reclaim their pet in SSPCA's care, and the boarding fees serve as a barrier for the owner to reclaim their pet, 55PCA will waive the boarding fees they charge to Folsom and, in exchange, Folsom will waive collection of said boarding fees from the pet owner.
l/lNorHtNGFoLLOWSlll
3of3

08/23/2022 Item No.24.

ATTACHMENT 3

08/23/2022 Item No.24.

RESOLUTION NO. 10411

A RESOLUTION OF TIIE CITY COUNCIL CONFIRMING
EMERGENCY ORDER DES-O2.2O ISSUED BY TI{E

DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Govemor of the State of Califomiaproclaimed on March 4,2020 a State of Emergency to exist in California as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-I9); and WHEREAS, Sacramento County has confirmed community tuansmission of COVID-l9, with multiple cases of diagnosed patients, and cautioned that the rapid transmission of COVID- 19 poses an ongoing risk and likelihood of additional patients in Sacramento County; and WHEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-l9; and WHERAS, there is currently no vaccine or medical treatment specifrcally for COVID-I9, which constitutes a potential epidemic under Section 8558 of the Govemment Code that, by reason of its magnitude, is potentially beyond the control of the services, personnel, equipment and facilities of the City of Folsom and requires the combined forces of a mutual aid region or regions to contain, control, combat, treat and mitigate; and WHEREAS, on March 16,2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the City Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Municipal Code, the City's Director of Emergency Services issued Emergency Order DES-01-20 on March 2A, 2020, which was confirmed by the City Council on March 27,2020; and
WHEREAS, in the interest of protecting life and property affected by the COVID-l9 emergency, the City's Director of Emergency Services issued further rules and regulations in Emergency Order DES-02-20 on April 1,2020; atd
WHEREAS, rules and regulations issued by the City's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that Emergency Order DES-02-20 is hereby confirmed, and all actions taken in fi.rtherance thereto are hereby ratifred and approved.

PASSED AND ADOPTED this 14ft day of April,2020, by the following roll-call vote:

Resolution No. 10411
Page I of2

08/23/2022 Item No.24.

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Membe(s):

CorHrcil Membe(s):

Council Member(s):

Council Member(s):

Kozlowski, Sheldon, Gaylord, Howell, Aquino
None
None
None
ATTEST:

Resolution No. l04l I
Page2 of2

08/23/2022 Item No.24.

CITY OF'F'OLSOM
oFFtcE oF THE Ctry MANAGER | 50 NATOMA STREET, FOLSOM, CA 95630 | WWW.FOLSOM.CA.US l}"(}n,s(}ptt

EMERGENCY ORDER
DES-02-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2O2O in response to the rapid spread of the novel coronavirus (COVID-l9), the Governor's Executive Orders (including but not limited to N-33-20), the Order of the Sacramento County Health Officer dated March L9,2020, the City's Proclamation of a Local Emergency dated March t6,2020, the Families First Coronavirus Response Act (H.R. 6201) and Government Code Section 8534, I hereby issue the following Order:

1. ln the interest of limiting the spread of COVID-l9 and protecting the life, health and safety of Folsom residents, City facilities listed on Exhibit "A" attached to this Order are closed and shall remain closed until further notice.

2. As of April L, 2O2O and until notice is given to return to their normal and customary duty location, all non-essential permanent City employees designated by the Human Resources Department shall stay home and be subject to work assignments as determined by their department director from time to time. Decisions to remain at home or return to duty will be made as needed. lf not working, non-essential permanent City employees will be able to access the Emergency Leave Benefit ('ELB"- see Section 4 below).

3. All permanent City employees performing essential services as determined by the Human Resources Department shall continue to report to their work locations and perform their duties.

4. Effective April 1, 2020, Emergency Leave Benefit described in Exhibit "8" attached hereto shall be implemented on a temporary basis for permanent full-time and permanent part-time non-public safety City employees, if eligible. Temporary ELB provided herein is not in addition to any emergency leave benefit which the City Council may approve from time to time during the COVID-19 public health emergency, shall terminate without recourse or accrual upon any action by the City Council approving emergency leave benefit for City employees, and any usage of the ELB leave benefit from April L, 2O2O shall be counted toward any emergency leave benefit ultimately approved by the City Council.

Failure of any person to comply with this Order and any order issued by a law enforcement officer pursuant to this Order constitutes an imminent threat to public health.

FOLSOM, CA - INCORPORATED 1946

08/23/2022 Item No.24.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom, its departments, officers, employees, or any other person.
lf any provision of this Order to the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, includingthe application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice.

IT IS SO ORDERED:

DES-02-20
Date: April L,2O2O Uft--By:

Elaine Andersen
City Manager
Director of Emergency Services
2ot 5

08/23/2022 Item No.24.

EXHIBlT A
lclosuRE oF crTY FAclLrTrEs UNTIL FURTHER NOTICEI
. Folsom Public Library
. Steve Miklos Aquatic Center
o Folsom Art Center and the Gallery at 48 Natoma
r Folsom Senior Center
r Andy Morin Sports Complex
r Folsom City Zoo Sanctuary
e Folsom Community Center
. Rotary Clubhouse
r Athletic fields, including but not limited to Lembi, Livermore, Econome, Kemp, Catlin, Davies, Ed Mitchell, Briggs, Rodeo, Handy Family, McFarland, Mann, Nisenan, Cohn, and Sheldon parks
r Basketball courts
r Ballwalls
o Bocce ball courts
r FIDO Field Dog Park
o Library book return (no overdue fees will accrue during temporary library closure)
r Pickleball courts
r Playgrounds and play equipment
r Tennis courts
I Volleyballcourts
o B.T. Collins Disc Golf Course
3of5

08/23/2022 Item No.24.

EXHIBIT B
IEmergency Leave Benefit]
The Emergency Leave Benefit (ELB) is intended to satisfy the benefit requirements of the federal Public Health Emergency Leave Act (the nct) and the federal Emergency Paid Sick Leave Act (EPSLA)
Effective April 1, 2020, the City shall provide non-public safety permanent full-time and permanent part-time City employees with up to 512 hours of paid time off in the form of ELB for absences due to the inability to work or telework because of COVID-19 related conditions or other reasons as specified in the EPSLA and the Act.

This temporary emergency leave benefit is being provided to (1) help ease the economic stress caused by the COVID-19 pandemic, (2) meet the requirements of EPSLA and (3) meet the requirements of the Act.

The following terms shall apply:

A. Eligible employees shall mean all non-public safety permanent full-time and permanent part-time City employees as of March 3L,2O2O, or hired in the period of April L,2020 through December 3L, 2A20.

B. Five Hundred and Twelve (5L2) hours of temporary ELB (hours to be prorated for permanent part-time positions)shall be granted to each eligible employee, not 80 as provided bythe EPSLA and 400 as provided bythe Act.

C. ELB shall be paid based on 100% of the employee's regular pay (just as compensation is paid to employees when using annual leave), not on the lower amounts and caps as specified by the EPSLA and the Act.

D, Employees shall be entitled to utilize ELB for absences due to the inability to work or telework because of COVID-19 related conditions or other reasons as specified in the EPSLA and the Act, before they can be required to utilize any other paid leave benefit provided by the City.

E. Employees shall be available during their normal and customary work schedule to perform work assignments as determined by their department director.

F. Employees who wish to be on vacation or are sick or injured for non-COVID-19 reasons shall use their annual or sick leave rather than ELB.

G. ELB shall run concurrently with FMLA Public Health Emergency Leave. An employee may choose to use ELB during the first 1.0 days of FMLA Public Health Emergency Leave which is, by law, unpaid.

H. Employees may use ELB from April 1, 2020 through December 3L,202O for absences due to the inability to work or telework because of COVID-19 related conditions or other reasons specified in the EPSLA and the Act.

L Unused ELB shall not carry over beyond December 3L,2020. 4of5

08/23/2022 Item No.24.

J. There is no cash-out value to any ELB time.

K. There is no use of any unused ELB at the time of separation of employment or beyond December 3t,2O2O.

L. ELB cannot be donated as catastrophic leave or transferred to another employee for any reason.

M. Use of ELB will count towards use of FMLA leave but any FMLA leave prior to April L, 2020 will not reduce the amount of ELB.

The City retains the right to determine "essential services and duties", to make work assignments, to determine if an employee can work at home or must come in to the job location, to telework, to schedule working hours, and whether or not employees are working full-time or part-time.
///NorHrNG FoLLOWS///
5of5

08/23/2022 Item No.24.

ATTACHMENT 4

08/23/2022 Item No.24.

RESOLUTION NO. T0422

A RESOLUTION OT'THE CITY COUNCIL CONFIRMING
EMERGENCY ORDER DES-03-20 ISSUED BY THE

DIRECTOR OF' EMERGENCY SERVICES
WHEREAS, the Governor of the State of California proclaimed on March 4,2020 a State of Emergency to exist in California as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-l9); and WHEREAS, Sacramento County has confirmed community transmission of COVID-I9, with multiple cases of diagnosed patients, and cautioned that the rapid transmission of COVID- 19 poses an ongoing risk and likelihood of additional patients in Sacramento County; and WHEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health OfEcer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-I9; and WHERAS, there is currently no vaccine or medical treatrnent specifically for COVID-l9, which constitutes a potential epidemic under Section 8558 of the Government Code that, by reason of its magnitude, is potentially beyond the control of the services, personnel, equipment and facilities of the City of Folsom and requires the combined forces of a mutual aid region or regions to contain, control, combat, treat and mitigate; and WHEREAS, on March 16,2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the City Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Municipal Code, the City's Director of Emergency Services issued Emergency Order DES-01-20 on March 20,2020 (confirmed by the City Council on March 27,2020) and Emergency Order DES-02-20 on April 1,2020 (confirmed by the City Council on April 14,2020); and
WHEREAS, in the interest of protecting life and property affected by the COVID-I9 emergency, the City's Director of Emergency Services issued furftrer rules and regulations in Emergency Order DES-03-20 on April 10,2020; and
WHEREAS, rules and regulations issued by the Crty's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsomthat Emergency Order DES-03-20 is hereby confirmed, and all actions taken in furtherance thereto are hereby ratified and approved.

Resolution No. 10422
Page I of2

08/23/2022 Item No.24.

PASSED AIllD ADOPTED this 28tr day of April, 2020,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s): Sheldon, Gaylord, Howell, Kozlowski, Aquino CouncilMember(s): None
CouncilMember(s): None
CouncilMember(s): None
ATTEST:

Rosolution No,10422
Page2of 2

08/23/2022 Item No.24.

CITY OFT'OLSOM
oFFlcE oF THE CITY MANAGER I 50 NATOMA STREET, FOLSOM, CA 95030 i WWW.FOLSOITT|.CA.US _.-* ;'. "It'()fl,$rd()NIt

EMERGENCY ORDER
DES-03-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2A2O in response to the rapid spread of the novel coronavirus (COVID-l9), the Governor's Executive Orders (including but not limited to N-33-20), the Order of the Sacramento County Health Officer dated March 19,2O2O, the City's Proclamation of a Local Emergency dated March 1.6,2O2O, the Order of the Sacramento County Health Officer dated April 7, 2020, and Government Code Section 8534, I hereby issue the following Order:

L. Section LO.2O.28O of the Folsom Municipal Code (pertaining to the 72-hour parking limitation of recreational vehicles (RV) on City streets) is suspended from April 8, 2020 until further notice for First Responders defined in subsection "A" below, subject to fullcompliance of the rules set forth in subsection "8". Failure to comply with all rules shall cause' immediate lifting of the suspension and subject violators to fines and penalties in Chapter 10.20 of the Folsom Municipal Code.

A. For purpose of this Section, "First Responders" are individuals necessary for the provision of transpon, care, and healthcare of medical patients, and individuals whose services are needed to assist with the response to COVID-19 including law enforcement officers, fire fighters, emergency medicalservices personnel, public health personnel, paramedics,9ll operators, public works personnel, as long as they meet the threshold requirement of providing services necessary to limit the spread of COVID-19. lndividuals not listed above shall remain subject to Section 10.20.280 of the Folsom Municipal Code, unless written exemption is issued by the City Manager at her sole and complete discretion.

B. First Responder shall:
(i) Notify Code Enforcement of RV parking on City street by calling (916) 451-6227 or email ing [email protected],us:
(ii) Provide verification of First Responder status (e.g., hospital-issued identification badge/card for healthcare professionals) to Code Enforcembnt; (iii) Maintain First Responder status throughout the period of receiving the benefit provided in this Order;
FOLSOM, CA - INCORPORATED 1946

08/23/2022 Item No.24.
(iv) Place City-issued exemption permit on the front windshield or entry door of the RV so that the permit is visible from the outside;
(v) Assure that the RV is only used and occupied by the First Responder and that no other person may stay or remain in the RV other than to provide food, groceries, medicine, medicalcare and household supplies; and
(vi)Comply with all laws and regulations, including but not limited to the City's noise ordinance in Chapter 8.42 of the Folsom Municipal Code.

2. Effective from the date of this Order until termination of the local emergency, non-public safety City employees must maintain six-foot social distancing while at work. lt is also strongly recommended that when City employees are engaged in Essential Activities or visiting Essential Businesses in the community that they wear face coverings over their nose and mouth. The face coverings do not have to be (and should not be) medical-grade surgical masks or N95 respirators, but rather, fabric coverings such as scarves, bandanas or homemade fabric face coverings. Each permanent City employee may obtain one fabric face covering from their Department Director at no cost.

3. Visitors to City facilities are strongly encouraged to wear face coverings over their nose and mouth. This is a strong recommendation and not a mandatory requirement at this time.

Failure of any person to comply with this Order and any order issued by a law enforcement officer pursuant to this Order constitutes an imminent threat to public health.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom,'its departments, officers, employees, or any other person.
lf any provision of this Orderto the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice.

IT IS SO ORDERED:

DES-03-20
Elaine Andersen
City Manager
Director of Emergency Services
Date: April t0,2020 By:
2of 2

08/23/2022 Item No.24.

ATTACHMENT 5

08/23/2022 Item No.24.

RESOLUTION NO. 10433

A RESOLUTION OF'TIIE CITY COUNCIL CONT'IRMING
EMERGENCY ORDER DES-04-20 ISSUED BY TIIE

DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Governor of the State of California proclaimed on March 4,2020 a State of Emergency to exist in Califomia as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-19); and WHEREAS, Sacramento County has confirmed community transmission of COVID-I9, with multiple cases of diagnosed patients, and cautioned that the rapid transmission of COVID- 19 poses an ongoing risk and likelihood of additional patients in Sacramento County; and WHEREAS, on March 1A,2020 the Sauamento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-19; and WHERAS, there is cunently no vaccine or medical treatment specifically for COVID-I9, which constitutes a potential epidemic under Section 8558 of the Government Code that, by reason of its magnitude, is potentially beyond the contol of the services, personnel, equipment and facilities of the City of Folsom and requires the combined forces of a mutual aid region or regions to contain, control, combat, treat and mitigate; and WHEREAS, on March 16,2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the City Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Municipal Code, the City's Director of Emergency Services issued Emergency Order DES-01-20 on March 20,2020 (confirmed by the City Council on March 27 , 2020), Emergency Order DES-02-20 on April l, 2020 (confrmed by the City Council on April 14,2020), and Emergency Order DES-03-20 on April 10,2020 (confirmed by the City Council on April 28,2020); and
WHEREAS, in the interest of protecting life and properry affected by the COVID-l9 emergency, ttre City's Director of Emergency Services issued further rules and regulations in Emergency Order DES-04-20 on May 1,2020; and'
WHEREAS, rules and regulations issued by the Ctty's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that Emergency Order DES-04-20 is hereby confirmed, and all actions taken in furtherance thereto are hereby ratified and approved.

Resolution No. 10433
Page I of2

08/23/2022 Item No.24.

AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED AND ADOPTED this l2th day of May,2020,by the following roll-call vote Council Member(s): Gaylord, Howell, Kozlowski, Sheldon, Aquino Council Member(s): None
Council Member(s): None
CouncilMember(s): None
ATTEST:

Christa
Resolution No.10433
Page2 of2

CITY CLERK

08/23/2022 Item No.24.

CITY OF T'OLSOM
oFFtcE oF THE C|TY MANAGER i 50 NATOMA STREET, FOLSOM, CA 95630 I WWWFOLSOM.CA.US F'(}r"$(}Mr

EMERGENCY ORDER
DES-04-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2O2O in response to the rapid spread of the novel coronavirus (COVID-19), the Governor's Executive Orders (including but not limited to N-33-20), the City's Proclamation of a Local Emergency dated March L6,2020, and the Orders of the Sacramento County Health Officer dated March 19,2O2O, April 7,2020 and May 1,2O2O,and Government Code Section 8634, I hereby issue the following Order:

1. ln the interest of balancing the public's needs for greater recreational opportunities and the City's efforts to contain and limit the spread of COVID-l9 for the protection of life, health and safety of Folsom residents, City facilities listed on Exhibit "A" attached to this Order are re- opened from 11:59 pm on the date of this Order subject to the following requirements:

A. Six-foot social distancing must be maintained at all times (except for people in the same household). Failure to practice social distancing may result in the suspension or loss of privilege to use the facilities, as wellas closure of the facilities.

B. lt is strongly encouraged that privately-owned sports equipment (e.9., balls, rackets, etc.) brought to City facilities be disinfected by the owner before visiting City facility and after each use.

C. Cloth face coverings or masks are required to enter the Andy Morin Sports Complex.

Users must bring their own sports equipment (sanitized before and after use) as none will be provided by the City at this time.

D. Masks or cloth face coverings are strongly advised if you feel the six-foot distancing between you and others might accidentally be encroached while recreating.

E. Those recreating at City parks and using park amenities are strongly encouraged to take personal responsibility for sanitizing equipment and structures before and after use.

F. Users of City facilities and those accessing essential services are strongly encouraged to wear face coverings over their nose and mouth (except for people with medical conditions that preclude wearing facial coverings), and wash hands with soap and water for at least 20 seconds after each visit. This is a strong recommendation and not a mandatory requirement at this time. The face coverings do not have to be (and should not be) FOLSOM, CA - INCORPORATED 1946

08/23/2022 Item No.24.
medical-grade surgical masks or N95 respirators, but rather, fabric coverings such as scarves, bandanas or homemade fabric face coverings.

2. Section 5.09.020 of the Folsom Municipal Code limiting the numbers and frequency of garage sales is suspended until termination of the local emergency. Six-foot social distancing must be maintained at all times, except for people in the same household.

3. Provided that the home occupation complies with all operational criteria in Section 17.6t.O7O of the Folsom Municipal Code, Sections 17.51.030, 17.61.050, and 17.61.050 of the Folsom Municipal Code pertaining to the permitting, business license requirement, and fees for home occupations are suspended untiltermination of the local emergency.

4. Until termination of the local emergency, City-owned non-ADA public parking spaces may be used temporarily for curbside pick-up of food from restaurants, as well as curbside pick-up of retail goods and merchandise from Essential Businesses (as defined in the latest Saramento County Health Order), subject to the following requirements:

A. Businesses desiring to use public parking spaces for curbside pick-up and delivery shall submit a request, with photographs, drawing or depiction of the proposed location and layout, and obtain a temporary permit from the Community Development Department.

B. Temporary signage may be placed at the curb to designate the use of public parking spaces for pick-up and delivery purposes.

C. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the public parking spaces requested by the businesses.

D. The use of City-owned public parking spaces shall not interfere with vehicular and pedestrian traffic, or access under the Americans with Disabilities Act.

E. No permanent item or structure may be installed on City-owned public parking spaces.

F. No real property right is provided, given, or otherwise conveyed to any person or entity using City-owned public parking spaces as provided herein, Any such use shall cease upon termination of the local emergency, and the permittee shall return City-owned public parking spaces to the condition existing at the time of permit issuance.

5. Once retailers and businesses other than Essential Businesses are permitted by the Sacramento County Health Officer to resume operation (not just to maintain "Minimum Basic Operations" as defined in the latest Sacramento County Health Order), City-owned non-ADA public parking spaces may be used temporarily for curbside pick-up of retail goods and merchandise untiltermination of the local emergency, subject to the requirements in Section 4 above.
2of 5

08/23/2022 Item No.24.

5. Once sit-down dining is permitted by the Sacramento County Health Officer, certain City- owned public properties may be used temporarily for outdoor dining until termination of the local emergency, subject to the following requirements:

A. Restaurants desiring to use public property for outdoor dining shall submit a request, with photographs, drawing or depiction of the proposed location and layout, and obtain a temporary permit from the Community Development Department.

B. Temporary signage may be placed at the curb to designate the use of public property for outdoor dining.

C. The City reserves the right to determine on a case-by-case basis the suitability and appropriateness of the public property requested by the restaurant for outdoor dining.

D. The use of City property shall not interfere with vehicular and pedestrian traffic, or access under the Americans with Disabilities Act.

E. No permanent item or structure may be installed on City property.

F. Temporary fencing not exceeding 3 feet tall shall be placed in a safe manner around the outdoor dining area.

G. Dining tables shall be placed in a manner that observe six-foot social distance between groups of customers. Customers in the same household dining together are counted as one group and are exempt from this requirement while sitting at the same table(s).

H. Restaurants shall comply with all applicable State and County laws and regulations pertaining to outdoor dining (including but not limited to sale and consumption of alcoholic beverages) under this provision.
l. No real property right is provided, given, or otherwise conveyed to any person or entity using public property for outdoor dining purpose. Any such use permitted hereunder shall cease upon termination of the local emergency, and the permittee shall return public property to the condition existing at the time of permit issuance.

7. The amount of the differential for local contract preferences provided for in Section

2.36.100(l) of the Folsom Municipal Code is hereby increased to 25% until termination of the localemergency.

8. To the extent feasible and appropriate based on project type and location, public works activities (including construction and maintenance) occurring in the public rights-of-way shall be 3of5

08/23/2022 Item No.24.
performed outside of normal business hours in order to minimize disruption to commercial and business operations.
9, The provisions in the Folsom Municipal Code limiting temporary signage such as, for example, A-frame, window signs or banner signs, for business advertisement and promotion are suspended until termination of the local emergency, provided that such signs do not block, impede or otherwise interfere with the public rights-of-way and the safe travelof vehicles and pedestrians.

L0. The provisions in the Folsom Municipal Code and any Conditional Use Permit limiting or restricting the hours of delivery of goods and supplies to businesses are hereby suspended until termination of the local emergency.

11. Temporary waiver of rental payments for rental or lease of City facilities under a formal written lease agreement or concessionaire agreement due and payable to the City, as described in Emergency Order DES-01-20, shall be extended untiltermination of the local emergency.

12. Temporary modification to the Contract between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals for Shelter Services dated January 1, 2018, as described in Emergency Order DES-01-20, shall be extended until termination of the local emergency.

Failure of any person to comply with this Order and any order issued by a.law enforcement officer pursuant to this order constitutes an imminent threat to public health.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom, its departments, officers, employees, or any other person.
lf any provision of this Order to the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shallcontinue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice.

IT IS SO ORDERED:

DES-04-20
Date: May t,2O2O By:

Ela
City Manager
Director of Emergen'by Services
4of5

08/23/2022 Item No.24.

EXHIBIT A
IRE-OPENTNG OF CrW FACTLTTESI
. Andy Morin Sports Complex. Masks or cloth face coverings required to enter facility. Only non-contact sports or
recreational activities are authorized.
r Athletic fields, including but not limited to Lembi, Livermore, Econome, Kemp, Catlin, Davies, Ed Mitchell, Briggs, Rodeo, Handy Family, McFarland, Mann, Nisenan, Cohn, and Sheldon parks. Only non-contact sports or recreationalactivities are authorized. Drop-in play only, no organized league practices or games authorized.
r Ballwalls
r Bocce ball courts
o FIDO Field Dog Park
o Pickleball courts
r Playgrounds and play equipment
r Tennis courts
r Volleyballcourts
r B.T. Collins Disc Golf Course
r Skate park
r Bike park
5of5

08/23/2022 Item No.24.

ATTACHMENT 6

08/23/2022 Item No.24.

RESOLUTION NO. 10485

A RESOLUTION OF THE CITY COUNCIL CONFIRMING
EMERGENCY ORDER DES-05-20 (AMEI\DED) ISSUED BY THE

DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Govemor of the State of California proclaimed on March 4,2020 a State of Emergency to exist in Califomia as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-I9); and WHEREAS, Sacramento County has confirmed community transmission of COVID-l9, with multiple cases of diagnosed patients, and cautioned that the rapid transmission of COVID- 19 poses an ongoing risk and likelihood of additional patients in Sacramento County; and WHEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-I9; and WHERAS, there is currently no vaccine or medical treatment specifically for COVID-19, which constitutes a potential epidemic under 'Section 8558 of the Govemment Code that, by reason of its magnitude, is potentially beyond the control of the services, personnel, equipment and facilities of the Cify of Folsom and requires the combined forces of a mutual aid region or regions to contain, control, combat, treat and mitigate; and WHEREAS, on March 16, 2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the City Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Municipal Code, the City's Director of Emergency Services issued Emergency Order DES-01-20 on March 20,2A20 (confirmed by the City Council on March 27,2020), Emergency Order DES-02-20 on April 1,2020 (confirmed by the City Council on April 14,2020), Emergency Order DES-03-20 on April 10,2020 (confirmed by the City Council on April 28,2020), and Emergency Order DES-04-20 on May 1,2020 (confirmed by the City Council on May 12,2020);and
WHEREAS, in the interest of protecting life and properly affected by the COVID-l9 emergency, the City's Director of Emergency Services issued flrrther rules and regulations in Emergency Order DES-05-20 on June 29,2020; and
WHEREAS, upon consultation with the Sacramento County Department of Health Services, Emergency Order DES-05-20 was amended on July 2, 2020 to remove validation requirement for the public entering into City facilities ciaiming exemption from the statewide mask mandate due to medical reasons that prevent the wearing of a mask or face covering, as well as to order the closure of the City Public Library and the Andy Morin Sports Complex due to the State and Sacramento County Health Officer's directions and shong recommendation to Resolution No. 10485
Page I of2

08/23/2022 Item No.24.
avoid all indoor in-person activities in the interest of limiting the spread of COVID-I9 and protecting the life, health and safety of Folsom residents.

WHEREAS, rules and regulations issued by the City's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that Emergency Order DES-05-20 (Amended) is hereby confirmed, and all actions taken in furtherance thereto are hereby ratified and approved.

PASSED AND ADOPTED this 14th day of July, 2020,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Howell, Kodowski, Morin, Sheldon, Aquino
None
None
None
IAJ>
Aquino,
ATTEST:

Christa
Resolution No. 10485
Page2 of2

CITY CLERK

08/23/2022 Item No.24.

CITY OF-'I]OLSOM
oFFTGE OF THE C|TY MANAGER I 50 NATOMA STREET, FOLSOM, CA 95630 I WWW.FOLSOM.CA.US F-(}[,,SSffiS{

AMENDED

EMERGENCY ORDER
DES-05-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2O2O in response to the rapid spread of the novel coronavirus (COVID-19), the Governor's Executive Orders (including but not limited to N-33-20), the City's Proclamation of a Local Emergency dated March t6,2020, and the Orders of the Sacramento County Health Officer dated March L9, 2O2O, April 7, 2020, May L,2O2O, May 22,2020, May 26,2020, June 12, 2020, and June t9,2O2O, and Government Code Section 8634, I hereby issue the following Order:

1. This Emergency Order DES-05-20 (Amended) replaces and supersedes Emergency Order DES- 05-20 dated June 29, 2O2O.

2. Under Emergency Order DES-02-20 issued on April I,2O2O, non-essential permanent City employees designated by the Human Resources Department were directed to stay home, and the decision for those employees to return to duty have been made as needed on a case-by-case basis. All permanent City employees performing essential services continued to report to their normal and customary duty stations and work locations.

3. All non-essential permanent City employees previously directed to stay home under Emergency Order DES-02-20 are directed to return to their full-time work schedule effective July t,2020.

4. Returning to work full-time, however, does not mean that all employees must return to working on-site at their regular work location. While the COVID-19 public health emergency remains in effect, the City supports continuing with work from home, staggered shifts, and partial work at home days to limit the number of employees physically at work; however, such schedules must be approved in advance by the employee's Department Director.

5. Until termination of the local emergency, City employees (both essential and non-essential) reporting to City facilities must follow and comply with the COVID'19 Prescreening Protocol attached hereto as Exhibit "A" priot to shift. Time spent going through the COVID-l9 Prescreening Protocol shall be counted as compensable work time for the employee.

6. City employees are encouraged not to report to work if they are sick or do not feel well.

Employees will be directed to return home and seek medical attention if they show signs and FOLSOM, CA - INCORPORATED 1946

08/23/2022 Item No.24.
symptoms of COVID-19 exposure, or if their body temperature exceeds 100.5 degrees Fahrenheit.

7. Until termination of the local emergency, City-hired contractors and consultants coming to Cityfacilities shall be subject to the COVID-19 Prescreening Protocel (Exhibit "A") priorto meeting with City employees. As an infectious disease mitigation measure to protect the health, safety and welfare of City employees and the public, no contract amendment or change order for additional time or compensation will be made for going through the COVID-19 Prescreening Protocol,

8. City-hired contractors and consultants are encouraged not to visit City facilities if they are sick or do not feel well. Those individuals will be directed to leave City facility and seek medical attention if they show signs and symptoms of COVID-19 exposure, or if their body temperature exceeds 100.5 degrees Fahrenheit.

9. As directed in emailto all City Employees dated June 18, 2020:

A. Members of the public entering any indoor City facility must wear a mask or face covering unless exempt from the statewide mask mandate.

B. Every City employee must wear a mask or face covering when entering a City building whether or not it's open to the public. ln other words, the moment the employee reaches for the handle of the door to enter the building (whether it's a public entrance or an employee-only entrance), the employee must put on a mask or face covering.

C. Employee may remove mask/face covering ONLY upon reaching the employee's cubicle, office, or workspace, AND there is no one around less than six feet away.

D. Employee must wear mask or face covering whenever leaving personal workspace, or whenever another person enters the employee's workspace who might come within six feet of the employee. This includes walking through hallways, visiting common areas, using elevators, and/or visiting the restroo m (ogoin, even if those spoces are not apen to the publicl.

E. Employee must wear mask or face covering at all times in areas accessible by the public, whether or not members of the public ore present.

F. Employees working outside City facilities must carry a mask or face covering, and shall put it on immediately if a person is approaching who is likely to come within six feet of the employee.

G. Employees exempt from the statewide mask mandate shall notify Human Resources Department and provide supporting documentation from the employee's treating physician.
2ofT

08/23/2022 Item No.24.

10. Due to the State and Sacramento County Health Officer's directions and strong recommendation to avoid all indoor in-person activities in the interest of limiting the spread of COVID-19 and protecting the life, health and safety of Folsom residents, the City Public Library and the Andy Morin Sports Complex are hereby closed effective from the date of this Order until further notice. Outdoor curbside and pick-up library services may be provided.

Failure of any person to comply with this Order and any order issued by a law enforcement officer pursuant to this Order constitutes an imminent threat to public healt_h.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom, its departments, officers, employees, or any other person.
lf any provision of this Order to the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice.

IT IS SO ORDERED:

DES-05-20 (AMEN I
Date: July 2,2020 By:

Elaine Andersen
City Manager
Director of Emergency Services
3of7

08/23/2022 Item No.24.

EXHIBIT A
lcovr D-19 SCREENTNG PROTOCOLI
Supervisor's Daily COVID-19 Prescreening
Supervisor (or designee approved by the department director) has employee check in prior to shift. Keeping proper 6-foot distancing when possible and both wearing a face mask. supervisor should ask employee health questions and administer temperature check. lf employee passes this prescreening, supervisor should have employee sanitize hands before starting work. lf employee does not pass the prescreening, he or she should be sent home and supervisor should notify Human Resources. Supervisor must update a report log recording prescreening completion each day.

Health Questions

1. Have you had at least two of the following symptoms in the last 24 hours?
a. Fever, cough, shortness of breath or difficulty
breathing, chills, repeated shaking with chills,
muscle aches (general malaise or fatigue),
headache, sore throat, or new loss of taste or smell?

2. Have you or anyone in your household with whom you are currently living had:
a. a fever in the last 24 hours?
b. been told by a medical provider to stay at home due to COVID-19 symptoms? ,Rse,ro.-..-.,-..* |
l?11,";;-;;--*{ t
r,.$j ICO display
Mute / Un-n{tc
bdtton
Mode bltton
(elsius / lrhr€dheii
Svit(h botlon
r Ths Q syrnbol indictlee rhe Foreluad tcrnlrcratun modc. Ths O lyrnhl indiurles 0r Ubjcr:t mmptatut mode.

SafterY (ovrI --*--.--iE!it \
4of7

08/23/2022 Item No.24.

Temperature Check

1. Pick up thermometer and press button to turn it on; make sure it is in forehead mode, hold the thermometer % - t inch away from employee's forehead and then press and release the measure button. The forehead temperature will be displayed on the screen.

CIUICK GUIDEa. lf the reading is between 97.5 and 99.0, one reading is sufficient. lf the reading is outside of
that range, a second reading should be
conducted.
b. lf the second reading is between 97 and 100
degrees and within 0.3 degrees of the first, it is
accepted. lf it is more than 0.3 degrees
different from the first reading, a third reading
should be taken.

1. Palt hair

2. Wipe {iweat

3. Polnt at tlre cerrier
( 1 -3fir1)
odJ
c. lf employee has a temperature reading above 99.5 degrees but below 100.5 degrees tell them to monitor how they are feeling and get rechecked in 4 hours. d. lf employee has a temperature at or above 100.5 desrees they should be told to leave the building and go home, monitor their symptoms, and contact their healthcare provider.

To avoid a false positive reading, if employee arrives at work after physical exercise or on a "hot" day, or when there is a significant change from outside to inside temperatures, advise employee to wait 5 minutes before screening.

Sanitize Hands
Have employee disinfectant hands before leaving area. Have the employee use a paper towel to pick up the spritzer and sanitize their hands.
5of7

08/23/2022 Item No.24.

Loe Dailv Report
Notify Human Resources immediately should any employee failthe health screen or temperature check and needed to be sent home.

Update Health Screen Report Log listing all employees in your group. Clearly check by each employee's name that they completed the health questionnaire, the temperature check, and the hand sanitizing. Make sure today's date is indicated.

Decision Makine

1. lf an employee answers "yes" to any of the above questions you should tell the employee to go home, further monitor symptoms, and contact a healthcare provider on when it is appropriate to return to work.

2. lf employee has a temperature at or above 100.5 desrees, they should be told to leave the building and go home, monitor their symptoms, and contact their healthcare provider.

Return to Work Guidelines
The City is following the current recommendations of the CDC and/or the treating health care provider for employees to return to work:
lf you develop COVID-l9 symptoms:
tr lf you have had COVID-19 symptoms that have resolved, and your health care provider clears you in writing, you may return to work. n lf you have not had a test or a health provider's clearance, you can return after these three things have happened: You have had no fever for at least 3 days AND other symptoms have improved AND at least 10 days have passed since your symptoms first appeared.
tr lf are tested for COVID-19, you can return if you have no fever, symptoms have improved, and you receive two negative test results in a row, at least 24 hours aPart.
lf a person in your household tests positive:
n Anyone who has close contact with someone with COVID-l9 should stay home for L4 days after exposure based on the time it takes to develop illness. 6of7

08/23/2022 Item No.24.

Failure to Take Screening
lf an employee refuses to take any part of the screening, remind them that it is an official policy of the City, and that failure to comply with it is a violation and subject to discipline. Further, they are not cleared for work and will either use their Annual Leave or be on Administrative Leave without Pay until in compliance.
7 of 7

08/23/2022 Item No.24.

ATTACHMENT 7

08/23/2022 Item No.24.

RESOLUTION NO. 10600

A RESOLUTION OF THE CITY COUNCIL CONFIRMING
EMERGENCY ORDER DES.O6.2O ISSUED BY THE

DIRECTOR OF EMERGENCY SERVICES
WHEREAS, the Governor of the State of Califomia proclaimed on March 4,2020 a State of Emergency to exist in California as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-19); and WHERDAS, Sacramento County has confirmed community toansmission of COVID-l9, with multiple cases of diagnosed patients, and cautioned that the rapid transmission of COVID- 19 poses an ongoing risk and likelihood of additional patients in Sacramento County; and WHEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-I9; and WHEREAS, on March 16,2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the City Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Municipal Code, the City's Director of Emergency Services issued Emergency Order DES-01-20 on March 20,2020 (confirmed by the City Council on March 27 , 2020), Emergency Order DES-02-20 on April I, 2020 (confirmed by the City Council on April L4,2020), Emergency Order DES-03-20 on April 10,2020 (confirmed by the City Council on April 28, 2020), Emergency Order DES-04-20 on May l, 2020 (confirmed by the City Council on May 12,2020), and Emergency Order DES-05-20 (Amended) on July 2,2020 (confirmed by the City Council on July 14,2020); and WHEREAS, during the COVID-I9 public health emergency, Sacramento County Health Officer Order dated March 3,202I allows removal of homeless encampments on public propefty that pose a public safety hazard as designed by local orders; and WHEREAS, consistent with, and pursuant to, Sacramento County Health Offrcer Order dated March 3, 2027, the City's Director of Emergency Services issued further rules and regulations in Emergency Order DES-06-20 on March 8,2021 for the purpose of protecting the public's health, life and safety by preventing the start and spread of wildfire to surrounding residential homes and structures; and
WHEREAS, rules and regulations issued by the Clty's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency.

ResolutionNo. 10600
Page I of2

08/23/2022 Item No.24.

NOW, TIIEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that Emergency Order DES-06-20 is hereby confirmed, and all actions taken in furtherance thereto are hereby ratified and approved.

PASSED AIID ADOPTED this 23'd day of Marchz}zl, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

CounciLnember(s):

Howell, Rodriguez, Aquino, Chalamcherla, Kodowski
None
None
None
Michael D. Kodowski,
ATTEST:

ResolutionNo. 10600

Freemantle, CITY CLERK

08/23/2022 Item No.24.

CITY OF'FOLSOM
oFFlcE oF THE CITY InANAGER | 50 NATOMA STREET, FOLSOM, GA 95630 | WWIi.FOLSOM.CA.US F'OLSO1!l{

EMERGENCY ORDER
DES-06-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2020 in response to the rapid spread of the novel coronavirus (COVID-l9), the Governor's Executive Orders (including but not limited to N-33-20), the City's Proclamation of a Local Emergency dated March L6,2020, the most recent Order of the Sacramento County Health Officer dated March 3,202L, and Government Code Section 8634, I hereby issue the following Order:

1. The open space areas in the City of Folsom identified in Exhibit A attached hereto are subject to weed abatement and ladder-fuel clearing for the purpose of protecting the public's health, life and safety by preventing the start and spread of wildfire to surrounding residential homes and structures, based on the following:

A. Sacramento County Health Officer Order dated March 3, 2O2L allows removal of homeless encampments on public property that pose a public safety hazard as designed by local orders.

B. The City has a vast number of open space areas that require annual and periodic weed abatement and ladder-fuel clearing to prevent the start and spread of wildfire to surrounding residential homes and structures, and some individuals experiencing homelessness live unsheltered in those open space areas.

C. Combustible materials such as butane canisters, propane, lighter fluid, matches, lighters, charcoal, wood briquettes, smoking materials, candles, heat lamps, heaters, paper, paper boxes and containers have been found, observed, and discarded in homeless encampments in the City's open space areas.

D. Over the past year, the Folsom Fire Department responded to,at least seven open space vegetation fires in the City associated with, or directly attributed to, homeless encampments. Allthese fires had significant potentialfor spreading, property destruction and potential loss of life due to dense vegetation, terrain, and closeness to residential neighborhoods, and some required multi-jurisdictional responses to aggressively attack, contain, and extinguish with large and coordinated firefighting efforts.

E. Wildfires pose a significant life and safety danger to residents and homeless individuals alike, thus for purpose of protecting the public's health, life, and safety, weed abatement FOLSOM, CA _ INCORPORATED 1946

08/23/2022 Item No.24.
and ladder fuel reduction in the City's open space areas are necessary and require temporary cleaning and clearing of the homeless encampments in those areas,

2. Temporary abatement of homeless encampments under this Emergency Order shall follow the City's standard noticing protocol to individuals experiencing homelessness in the identified areas so that homeless individuals can collect and safeguard their personal belongings, and the items they no longer need or want can be discarded in City-supplied refuse containers.

Failure of any person to comply with this Order and any order issued by a law enforcement officer pursuant to this Order constitutes an imminent threat to public health.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom, its departments, officers, employees, or any other person.
lf any provision of this Order to the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice IT IS SO ORDERED:

DES-05-20
Date: March f ,ron By:

Elai ersen
City Manager
Director of Emergency Services
2ot3

08/23/2022 Item No.24.

EXHIBIT A
lsEE ATTACHEDI
3of3

08/23/2022 Item No.24.

Clty Ladder Fuel
3 I 20tl I Ptraee t
I hase2
I ptrasrl

08/23/2022 Item No.24.

Lat, Long
38,63s0s, -121.15S5
3a-707083, -t2t$7556
3a.47134,.!2A.12696
3A.67 127 t, -121.X267 7 4

38.62A07 , '!2L.15Ma

34.7llaa, -!2L,A87402

38.59X079, -121.182865

38.656511, -121.159147

38.657988, -121.155829
3E.659132, -121.151@
316.652186, -121.15326

34.650094, -121.r525L2

38.683248,.127,L437 41
APN
227-q700J6.@
u2l-@10&GM
22l-@2002+@
227-&SO2'm
213.@-024,@
072 t1&@1@
072-1nO-@2.@
07f6s @1 @
071.@40 @7-@
Months to
workCDFW
A16 of frel
ladds to be
ampleted

10.8 12
t9_l
?r,1

2.!

1.9 18.4
98 L].?.a
68 2,7
r./1
1)
,$I
un@r fu of
ieE/rud
7N
ft3S
13115
1455
lu5
114&
5rm
72943
7190
864
4255
te0
156!
1e5o
TqtrlA@3

12.i

53. I
23,03
232.63
22,51
a,2t
6,96
tr.26
olstrlcttedon
Art€ilaltail hom Fo( RGkro ldmper.nco River ct
wlllow cr@k irom O.lAve ro silberhorn/Broder.rcle
fbt Fo(k andAlOn. Falls
Hlnllecrd N!t!.e arei
Bl Collins oDen sa.s Edrt ol !.rl
Willow slrin$ rall head.t tron Pr
BTCollisupeil 5pdc6We{ ol @rk
Numbs
ot dsk
tactoF
6 5
5 4
4 s
4 4
4 4
4 Ptere
1 I
L
1 2
2 2
2 2
2 A.lFent
Struat|r16
t1
7L1
ELPh.$ 1

34.4 g
5 9
I
19 lL
t2
,6
1t
5 t6
10 4L
$
t1
49 s
a
u
E
u
&
7a
s.@tt
wldtt of
defdrlble
rpre

08/23/2022 Item No.24.

34.M208, -127.L69a5X

34.45L65, -L2L.L53639

38.653ffi, -121.101519
3a,67 3 43 2, .L2L.14527 1
3a, 7 LZs 4 2, -L2L.a9087 5
3A,66542, -L27.150249

34.7 L2449,.72r.147439
1r aTrlc -rti r?1r(t
38,63147, -121.13658
7E *LL1 -1)1 1L)2a9

38.658822, -121.15&8
38,60242, -a2L.152U1

38.Sfl29, -r21.179851

38.99?n, -a2a-183434

34.6E105, -U1.1il82

38.6729, -tL.1W13

38.ffi278, -U1.1{506
ll d50, -121 14qqt1
0/0"0120.0s-m
070-0120.04'0@0
072.2780.074-@
0/2-2780{73.(M
,2/-650,@2,W 221
07? @.0t4.m
072S80 029-m
227.@.@.@
0D-1710@@
o72&l@7.@
o724@r2-@
0724S{16m
o72.M42Gm
071{5r{78.@
t71@@07:
0n-amsl-m
0z{m{a-@
olod-*s
N

10.9 2.7
t2.t
126-91
I
o.2

19.9 s.2a

1.1 4,2
052
2143
1675
1819
42N
2535
80484
5S
895
3E
D46
3955
&
2$s
169
4,1
2t,
|(J,2

64.13 9.38
14,55
221-A6
1,02
o.2
{,01
s.2b

12.59 12.r1
o_92
willow Hlll re!&ol.nd ru.rolndLrg open rp&6
sroadtone Pkwv Ea3r ot viera oel LrBo
Hur.bu8 creek kom illqto Cuninrings parl
willowc'ettroh Rilq toFE@€n
Draln.gear€a &ntlq sear. Ean
Rst w*er ret€.tlon Fnd
nihyw.t rrd.ntlo. pd
M.6h Hael tolth ot tstrd
2 loB o. &ak Powder cLcl.
4 5
3 3
3 3
2 2
2 2
2 1
2 2
2 2
2 2
2 3
3 3
3 3
3 3
3 ta, ---!9sJ94-
--lgry
;iE6i;a;e-?
s
a
1d
5 I
D
u
t0
3 3
$
n
N
LB
10 t

08/23/2022 Item No.24.

38.711247, -121.191898
38,711103, -121.19034

38.598886, -121.1E3477

14.47094, -12X.t4X41

34.47262, -727.L692a

38.585568, "121.15S82

38.914t -I1.193455
3a.6L776, -12L.L73707
*,659312.121.1&246
$,5DtaS, 727,r223t2
$,68352, .121.11D5
227{5@nb@
227S1002ru
02,22mo1ffi
02fl0027-m
071-1@71.@ 0
)71-1320037-m 07t
071-1{l@2-@
071-la10-113-@
0-29
o.ll

2.1 1,8
35 1
1,3

1.67 14.7
11q-59
495
495
2185
1@
2t96
&
925
2157
2539
lv1
!t7909
o29

0.31 2,4

2.r1

8.76 1

7.85 7.5t

3.57 2.16
2*-gl
ehdre tu..h Rd.nd surbn ct
Av.ranche Pe.k andS.oq tuncgecr
todh s'& ol lon h fron c6&o to Ea5t border
Tre.tment Pbnto. N*oma (appror l &rewnhrn rd5
Chingeoiginr MheSne
P.cped RIQ€ behind hom6
WillowCrd, Willow &nd-Partway Drive
Wlllow Crek Pap.y+dt N.toma
1 1
1 1
1 3
3 3
3 3
3 3
3 3
3 3
c
u
E
u
{
A
m
5 a5
to
o
IL€ 415
az{rPqnyrd 751.3 25t3/'6 355.32

08/23/2022 Item No.24.

ATTACHMENT 8

08/23/2022 Item No.24.

RESOLUTION NO. 10678
A RESOLUTION OF TIIE CITY COI]NCIL CONFIRMING
EMERGENCY ORDER DES.O7.2O ISSUED BY TIIE
DIRECTOR Of,' EMERGENCY SERVICES
WHEREAS, the Governor of the State of Califomia proclaimed on March 4,2020 a State of Emergency to exist in Catifornia as a result of the threat from the rapid spread of a respiratory illness caused by novel coronavirus 2019 (COVID-l9); and WHEREAS, Sacramento County has documented community transmission of COVID- 19, with multiple cases of diagnosed patients and fatalities, and the County Health Officer has cautioned that the rapid transmission of COVID-l9 poses an ongoing risk and likelihood of additional patients in Sacramento County; and
WIIEREAS, on March 10,2020 the Sacramento County Board of Supervisors ratified the County Public Health Officer's Proclamation of Local Public Health Emergency in Sacramento County due to the threat to public health and safety from COVID-I9; and WHEREAS, on March 1.6,2020, the City Council adopted Resolution No. 10408 and proclaimed the existence of a local emergency in the City of Folsom; and WHEREAS, following the Crty Council proclamation of a local emergency, and based on the authority in Section 2.28.040 of the Folsom Municipal Code, the City's Director of Emergency Services issued Emergency Orders that temporarily waived rental payments for rental or lease of City facilities under a formal written lease agreement or concessionaire agreement until termination of the local emergency; and WHEREAS, as of June 15, 2021, Govemor Newsom terminated the executive orders that put into place the stay home order and the Blueprint for a Safer Economy, and lifted the COVID-I9 restrictions pertaining to physical distancing, capacrty limits on businesses, and the County tier system, resulting in an increase of business activities; and WHEREAS, the CiE's Director of Emergency Services issued Emergency Order DES- 07-20 on August 5,2021 to resume collection of payments for rental or lease of City facilities starting September 7,2021; and
WIIEREAS, rules and regulations issued by the Ctty's Director of Emergency Services shall be confirmed by the City Council as early as practicable under the circumstances of the emergency.

NOW, THEREX'ORE, BE IT RESOL\/ED by the City Council of the City of Folsom that Emergency Order DES-07-20 is hereby confirmed, and all actions taken in furtherance thereto are hereby ratified and approved.

ResolutionNo. 10678
Page I of2

08/23/2022 Item No.24.
pASSED AND ADOPTED this 246 day of August 202l,by the following roll-call vote:

AYES: Colncilmember(s): Rodriguea Aquino, Chalamcherla, Howell, Kodowski NOES: Councihnember(s): None
ABSEIYT: Cormcilnember(s): None
ABSTAIN: Councilmember(s): None
ATTEST:

RssolutionNo. 10678
Page2of2

08/23/2022 Item No.24.

CITY OT F'OLSOM
oFFlcE oF THE ClrY MANAGER | 50 NATOMA STREET, FOLSOM, CA 95630 | WWWFOLSOM.CA.US F'OLS

EMERGENCY ORDER
DES-07-20
Pursuant to the Proclamation of a State of Emergency by California Governor Gavin Newsom on March 4, 2O2O in response to the rapid spread of the novel coronavirus (COVID-l9), the Governor's Executive Orders (including but not limited to N-33-20), the City's Proclamation of a Local Emergency dated March L6,2O2O, and Government Code Section 8634, I hereby issue the following Order:

1. Section 11 of Emergency Order DES-040-20 dated May 1, 2020 is hereby modified as follows:

Temporary waiver of rental payments for rental or lease of City facilities under a formal written lease agreement or concessionaire agreement due and payable to the City, as described in Emergency Order DES-01-20, shall be extended until August 31, 2021. Contractual obligations to make rental and lease payments resume September I, 2O2L, and the payments are due and payable on the due dafe specified in the written rental, lease, or concessionaire agreement.

Failure of any person to comply with this Order and any order issued by a law enforcement officer pursuant to this Order constitutes an imminent threat to public health.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the City of Folsom, its departments, officers, employees, or any other person.
lf any provision of this Order to the application thereof to any person or circumstances is held to be invalid, the remainder of the Order, includingthe application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Order are severable.

This Order shall be filed in the City Clerk's Office and given widespread publicity and notice. tT rs so
DES-07-20
Elaine Andersen
City Manager
Director of Emergency Services
By::Date: August5,2OZL
FOLSOM, CA - INCORPORATED 1946

08/23/2022 Item No.24.