Folsom City Council
April 25, 2023

1 Agenda
City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 April 25, 2023
6:30 PM
Welcome to Your City Council Meeting
We welcome your interest and involvement in the city’s legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city website and in the Office of the City Clerk. The City Clerk is also available to answer any questions you have about City Council meeting procedures.

Participation
If you would like to provide comments to the City Council, please:
 Fill out a blue speaker request form, located at the back table.  Submit the form to the City Clerk before the item begins.  When it’s your turn, the City Clerk will call your name and invite you to the podium.  Speakers have three minutes, unless the presiding officer (usually the mayor) changes that time.

Reasonable Accommodations
In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

How to Watch
The City of Folsom provides three ways to watch a City Council meeting:

In Person Online On TV

City Council meetings take place at
City Hall, 50 Natoma Street
Watch the livestream and replay past
meetings on the city website,
www.folsom.ca.us
Watch live and replays of meetings on
Sac Metro Cable TV, Channel 14

More information about City Council meetings is available at the end of this agenda

2 City Council Regular Meeting
City Council Chambers | 50 Natoma Street, Folsom CA 95630 www.folsom.ca.us
Tuesday, April 25, 2023 6:30 PM

Rosario Rodriguez, Mayor

YK Chalamcherla, Vice Mayor Sarah Aquino, Councilmember Mike Kozlowski, Councilmember Anna Rohrbough, Councilmember

AGENDA
NOTE:

Vice Mayor YK Chalamcherla will be participating in this meeting via teleconference from the following location:

The Ferguson Group
1901 Pennsylvania Ave. NW, Suite 700
Washington, DC 20006
Telephone Number for Building Access Assistance: (707) 287-0023 Pursuant to Section 54953 et al. of the California Government Code, members of the public shall be provided an opportunity to directly address the legislative body at the teleconference location.

CALL TO ORDER
ROLL CALL:

Councilmembers: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council Meeting.

PLEDGE OF ALLEGIANCE

AGENDA UPDATE
BUSINESS FROM THE FLOOR:

Members of the public are entitled to address the City Council concerning any item within t he Folsom City Council's subject matter jurisdiction. Public comments are limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.

3 SCHEDULED PRESENTATIONS:

1. Resolution of Commendation Honoring Community Emergency Response Team (CERT)’s Dedicated Service in 2022

2. Proclamation of the Mayor of the City of Folsom Proclaiming May 21 through May 27, 2023 as "National Public Works Week" and May 17, 2023 as "City Works Day"

3. Presentation by the Sacramento-Yolo Mosquito and Vector Control District

4. Presentation by Housing Expert on New Housing Laws

5. Folsom Plan Area Semi-Annual Report
CONSENT CALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

6. Approval of April 11, 2023 Special and Regular Meeting Minutes

7. Resolution No. 11017 – A Resolution Authorizing the City Manager to Execute an Agreement with the County of Sacramento, and the Cities of Citrus Heights, Elk Grove, Galt, Rancho Cordova, and Sacramento to Meet Certain SB 1383 Edible Food Recovery Regulatory Requirements

8. Resolution No. 11024 – A Resolution Updating the City of Folsom Governance Manual

9. Resolution No. 11025 – A Resolution Authorizing the City Manager to Execute a Construction Agreement with KYA Services, LLC for the Prospector Park Construction and Appropriation of Funds

10. Resolution No. 11026 - A Resolution of the City Council Amending Rule 6, “Appeals”, of Resolution No. 9689 Pertaining to Appeal Hearing Protocol

11. Resolution No. 11027 – A Resolution Accepting Four Green Means Go Grant Awards to Further Housing Program Goals and Appropriation of Funds

12. Resolution No. 11028 – A Resolution Authorizing the City Manager to Execute an Agreement with Mozingo Construction, Inc. for the Construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP)

13. Resolution No. 11029 – A Resolution Authorizing the City Manager to Execute an Agreement with Psomas for Construction Management and Inspection Services for the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP)

14. Resolution No. 11030 – A Resolution Adopting a List of Projects for Fiscal Year 2023-24 to be Funded by Senate Bill 1: The Road Repair and Accountability Act COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS:

CITY MANAGER REPORTS:

COUNCIL COMMENTS:

ADJOURNMENT

NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to

4 address Council on an issue, which is on this agenda, please complete a blue speaker request card, and deliver it to a staff member at the table on the left side of the Council Chambers prior to discussion of the item. When your name is called, stand to be recognized by the Mayor and then proceed to the podium. If you wish to address the City Council on any other item of interest to the public, when the Mayor asks if there is any “Business from the Floor,” follow the same procedure described above. Please limit your comments to three minutes or less.

NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.

As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks, using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.

PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA S HOULD CONTACT A MEMBER OF THE CITY COUNCIL.

The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Coun cil meetings. The webcasts can be found on the online services page of the City's website www.folsom.ca.us.

In compliance with the Americans with Disabilities Act, if you are a person with a disability and you need a disability-related modification or accommodation to participate in this meeting, please contact the City Clerk’s Office at (916) 461-6035, (916) 355-7328 (fax) or [email protected]. Requests must be made as early as possible and at least two full business days before the start of the meeting.

Any documents produced by the City and distributed to the City Council regarding any item on this agenda will be made available at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Librar y located at 411 Stafford Street, Folsom, California during normal business hours.

City of Folsom
Resolution of Commendation
Ilanoring
Community Emergency Response Team (CERT)'s
Dedicated Service in 2o22
WHEREAS, the CERT volunteer program plays a key role in the City of Folsom's goal to protect and advance community safety; and
WHEREAS, CERT volunteers work closely with the Folsom Fire Department and help provide assistance on incidents and trainings; and
WHER,EAS, last year, 43 CERT members volunteered 3,900 total hours and assisted in 418 activations; and
WHEREAS, CERT staffed cooling centers in Folsom duning the heatwaves in June, August, and September af 2022. They also assisted with the severe weather conditions in December of 2422; and
WpIEREAS, CER.T supported our neighboring communities by assisting lncident lvlanagement Teams on the Rices Fire, the Electra Fire, and the Mosquito Fire; and
WHEREAS, CERT provided firefighter rehabilitation for several fires in Folsom and supported the Folsorn Fire Departnnent during captain training exercises, EMS testing, and burn drills.

NOW, THEREFORE, l, ROSARIO RODRIGUEZ, Mayor of the City of Folsom, on behalf of the Folsom City Council and the residents of this community, do hereby thank the Community Emergency Response Teann for being an extremely valuable asset to the Folsom Fire Departrnent and honor them for their dedicated service in 2022.

PASSED AND APPROVED, this 25th day of April 2023.

Rosario Rodriguez, MAYOR
Attest:

Lydia Konopka, DEPUTY CITY CLERK//;. 11.,)\n
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04/25/2023 Item No.1.

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FOLSOM

CITY OF
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04/25/2023 Item No.1.

04/25/2023 Item No.2.

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FOLSOl\[

CJTY OF
DtsTtNqrlvE BY NAIUiE

04/25/2023 Item No.2.
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Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNEIL AEIIQN
Staff recommends that the City Council receive an update from General Manager Gary Goodman, Sacramento-Yolo Mosquito and Vector Control District. No action is requested of the Council.

Submitted,
Christa Freemantle, CMC
City Clerk
MEETING DATE: 4t2s12023
AGENDA SECTION: S cheduled Presentations
SUBJECT: Presentation by the Sacramento-Yolo Mosquito and Vector Control District
FROM: City Clerk's Department
I

04/25/2023 Item No.3.

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CITY OF
FOLSOl\{
DISTI}{CTIVE BY NATURE

04/25/2023 Item No.3.
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Folsom City Council
Staff Report
MEETING DATE: 4t2st2023
AGENDA SECTION: Scheduled Presentations
SUBJECT: Presentation by Housing Expert onNew Housing Laws F'ROM Community Development Department

RECOMMENDATION / CITY COUNCIL ACTION
No action is requested of the City Council at this time.

BACKGROUND / ISSUE
The City retained expert legal counsel Barbara Kautz of Goldfarb & Lipman LLP to present information about new housing laws that take away or significantly constrain discretionary review of housing projects in Folsom. The presentation will address key concepts in the Housing Accountability Act, SB 330, AB 2097, AB 2011, and other relevant state laws regarding ministerial approval of housing projects, required findings for denial of housing projects, and limited ability to require parking.

Submitted,
Pam Johns, Community Development Director
1

04/25/2023 Item No.4.

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04/25/2023 Item No.4.
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Folsom City Council
Staff Re ort
RECOMMENDATION / CITY COUNCIL {CTIQN
No action is requested of the City Council at this time

BACKGROUND / ISSUE
Community Development staff will provide an update on the planning, engineering and building activity in the Folsom Plan Area south of Highway 50 during the six-month period from October I't through March 31't,2023.

Submitted,
Pam Johns, Community Development Director
I
MEETING DATE: 4t2s12023
AGENDA SECTION: Scheduled Presentations
SUBJECT: Folsom Plan Area Semi-Annual Report
FROM: Community Development Department

04/25/2023 Item No.5.

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CITY OF
FOLSOl\{

04/25/2023 Item No.5.

Book77 Page71
Folsom City Council
April 1 1,2023
City Gouncil Special Meeting

MINUTES
Tuesday, April .,i.1,2023 6:00 PM

CALL TO ORDER
The special City Council meeting was called to order at 6:00 p.m. with Mayor Rosario Rodriguez presiding.

ROLL CALL:

Councilmembers Present Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
YK Chalamcherla, Vice Mayor
Rosario Rodriguez, Mayor
CouncilmembersAbsent: MikeKozlowski,Councilmember
Participating Staff: City Manager Elaine Andersen
City Attorney Steve Wang
City Clerk Christa Freemantle
ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:

1. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code section 54956.9(d)(1): Rebecca Armstrong v. City of Folsom, Sacramento County Superior Court Case No. 34-2023-00336072

2. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): DanielArtherton v. City of Folsom, et al., Sacramento County Superior Court Case No. 34-2021-00293406
Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla, to adjourn to closed session for the above referenced items. Motion carried with the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s): Rohrbough, Aquino, Ghalamcherla, Rodriguez Councilmember(s): None
Gouncilmember(s): Kozlowski
Councilmember(s): None

RECONVENE
City Attorney Steven Wang announced that no final action was taken during closed session DRAFT - Not fficial until approved by the City Council Page 15 04/25/2023 Item No.6.

Book77 Page72
Folsom City Council
April 11,2023

ADJOURNMENT
The special meeting was adjourned to the regular City Council meeting at 6:30 p.m.

SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST:

Rosario Rodriguez, Mayor
DRAFT - Not fficial until approved by the City Council Page 16 04/25/2023 Item No.6.

Book77 Page 73
Folsom City Council
April 11,2023
Gity Gouncil Regular Meeting

MINUTES
Tuesday, April 11,2023 6:30 PM

GALL TO ORDER
The regular City Council meeting was called to order at 6:30 pm with Mayor Rosario Rodriguez presiding.

ROLL GALL:

Councilmembers Present: Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
YK Chalamcherla, Vice Mayor
Rosario Rodriguez, Mayor
Councilmembers Absent:

Participating Staff:

Mike Kozlowski, Councilmember (arrived at 6:36 pm)
City Manager Elaine Andersen
City Attorney Steven Wang
City Clerk Christa Freemantle
CFO/Finance Director Stacey Tamagni
Arborist Aimee Nunez
Parks and Recreation Director Lorraine Poggione
Fire Division Chief Chad Wilson
Engineering Manager Brian Reed
Community Development Director Pam Johns
Principal Planner Steve Banks
Public Works Director Mark Rackovan
Senior Civil Engineer Ryan Neves
Senior Civil Engineer Zach Bosch
Senior Civil Engineer Ryan Chance

PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited

AGENDA UPDATE
City Attorney Steven Wang announced that there was a revised staff report for item 10 and additional information for items 3 and 13.

DRAFT - Not fficial until approved by the City Council Page 17 04/25/2023 Item No.6.

Book77 Page74
Folsom City Council
April 1 1,2023
BUSINESS FROM THE FLOOR:

The following speakers addressed the City Council

1. Steve Dick regarding traffic

2. Kaitlin Conway regarding SB-54
SCHEDULED P TATIONS:

Proclamation of the Mayor of the City of Folsom Proclaiming April 9-1 5, 2023 as National Public Safety Telecommunicators Week in the City of Folsom
Mayor Rosario Rodriguez presented the proclamation to Police Department telecommunicator staff

2. Proclamation of the Mayor of the City of Folsom Encouraging the Community to Become lnvolved in Arbor Day
Mayor Rosario Rodriguez presented the proclamation to Arborist Aimee Nunez.

3. Results of Historic Architectural Analysis for the Southern Pacific Railroad Depot Building and the Southern Pacific Railroad Superintendent House and Direction to Staff Parks and Recreation Director Lorraine Poggione and Danielle Weaver representing CSHQA Consultants made a presentation and responded to questions from the City Council. Additional clarification was provided by City Manager Elaine Andersen.

The City Council provided general comments to staff that renovation funding should be part of future budget discussions, and opportunities for volunteers' assistance should be explored.

The following speakers addressed the City Council:

1. Curt Taras

2. Jim Harville

4. Presentation of the Folsom Tourism Bureau Annual Report Choose Folsom representatives Debbie Hurst and Sally Buchanan made a presentation and responded to questions from the City Council.

CONSENT GALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion. City Councilmembers may pull an item for discussion.

5. Approval of March 28,2023 Special and Regular Meeting Minutes DRAFT - Not fficial until approved by the City Council
1

04/25/2023 Item No.6.

Book77 Page75
Folsom City Council
April 1 1,2023

6. Ordinance No. 1338 - An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2023- 24 and Following Fiscal Years Solely within and Relating to lmprovement Area No. 2 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)
7 . Resolution No. 1 1016 - A Resolution of the City Council of the City of Folsom Declaring its lntention to Renew the Historic Folsom Property and Business lmprovement District

8. Resolution No. 1 1018 - A Resolution Authorizing the Public Works Department to lnstall All-Way Stop Sign Control at the lntersection of Carpenter Hill Road and Owl Meadow Street

9. Resolution No. 1 1019 - A Resolution Authorizing the City Manager to Execute an Agreement with Peterson Brustad, lnc. for Design and Engineering Services During Construction for the Water System Flow Control Facilities Rehabilitation Project

10. Resolution No. 11020 - A Resolution Authorizing the City Manager to Execute an Agreement with Water Works, LLC for Design and Engineering Services During Construction for the Basin 4 Phase 2 Sewer Rehabilitation Project

11. pulled for comment
Motion by Gouncilmember Mike Kozlowski, second by Vice Mayor YK Ghalamcherla, to approve items 5-9 and item 10 as amended of the Consent Galendar.

Motion carried with the following roll call vote:

AYES: Councilmember(s): Rohrbough, Aquino, Ghalamcherla, Kozlowski, Rodriguez NOES: Gouncilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Councilmember(s): None
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION:
1 1 . Resolution No. 11022 - A Resolution Authorizing the City Manager to Execute an Agreement with D.L. Falk Construction, lnc. forthe Construction of Fire Station 34 Phase-2 Project No.

FD2234
Vice Mayor YK Chalamcherla pulled item 11 to comment. Fire Division Chief Chad Wilson responded, with additional clarification provided by Engineering Manager Brian Reed.

Motion by Vice Mayor YK Ghalamcherla, second by Councilmember Sarah Aquino, to approve Resolution No. 11022.

Motion carried with the following roll call vote:

AYES: Councilmember(s): Rohrbough, Aquino, Chalamcherla, Kozlowski, Rodriguez NOES: Gouncilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Gouncilmember(s): None
DRAFT - Not fficial until approved by the City Council Page 19 04/25/2023 Item No.6.

Book77 Page 76
Folsom City Council
April 1 1,2023
NEW BUSINESS:

12. Resolution No. 11012- A Resolution to Dually Name the Existing Green Room within the Historic Depot Building at200 Wool Street the "Peter T. Lewis Green Room" and Recognition of Donation of Funds for lnterior lmprovements by the Lewis Family Parks and Recreation Director Lorraine Poggione made a presentation.

Councilmember Sarah Aquino asked that a letter be sent to the Lewis Family thanking them for their generous donation.

Motion by Gouncilmember Sarah Aquino, second by Gouncilmember Mike Kozlowski, to approve Resolution No. 11012.

Motion carried with the following roll call vote:

AYES: Councilmember(s): Rohrbough, Aquino, Chalamcherla, Kozlowski, Rodriguez NOES: Councilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Gouncilmember(s): None
PUBLIG HEARING:

13. Appeal by Bob Delp of Decisions by the Historic District Commission Approving a Conditional Use Permit and Design Review for the Uncle Charlie's Firehouse and Brew Project (PN22-158) Located at 905 Leidesdorff Street and Determination that the Project is Exempt from CEQA Mayor Rosario Rodriguez opened the public hearing and summarized the proceedings of the appeal hearing process.

Principal Planner Steve Banks made a presentation and responded to questions from the City Council.

Appellant Bob Delp made a presentation and responded to questions from the City Council.

Applicants Taryn Grows and Eric Schmid made a presentation and responded to questions from the City Council.

The following speakers addressed the City Council:

1. Terry Sorensen in support of the appeal

2. Josh Teel in opposition of the appeal

3. Robert Leach in opposition of the appeal

4. Martin Jimenez in opposition of the appeal

5. lan McAdam in opposition of the appeal

6. Adrian Blanco in opposition of the appeal

7. Kimberly Morphis in opposition of the appeal

8. Loretta Hettinger regarding Folsom history

9. Beth Kelly in support of the appeal

10. Deborah Grassl in support of appeal
1 1. Samantha Davidson in opposition of the appeal

12. Joe Gagliardi in opposition of the appeal
DRAFT - Not fficial until approved by the City Council Page 20 04/25/2023 Item No.6.

Book77 Page77
Folsom City Council
April 1 1,2023

13. Curt Taras in opposition of the appeal

14. Phil Scott in opposition of the appeal

15. Evangeline Scott in opposition of the appeal

16. Adam Frick in opposition of the appeal

17.Karen West in opposition of the appeal

18. Dean Hiatt in opposition of the appeal

19. Todd White in opposition of the appeal

20. Quinn Gardner in opposition of the appeal

21. Jeremy Bernau in opposition of the appeal
Appellant Bob Delp made rebuttal comments.

Applicant Taryn Grows made rebuttal comments.

Steve Banks responded to questions from the City Council. City Attorney Steven Wang provided legal clarification regarding CEQA and the City's appeal process. Additional clarification was provided by Public Works Director Mark Rackovan regarding noise. The City Council commented and discussed the project. The applicant and appellant responded to questions from the City Council. City Attorney Steven Wang provided additional clarification.

Mayor Rosario Rodriguez closed the public hearing.

Motion by Gouncilmember Mike Kozlowski, second by Vice Mayor YK Ghalamcherla, to deny the appeal, eliminate Gondition No. 24 regarding dancing prohibition, and modify Gondition No. 25 to reflect the allowed brewing time as 5:00 am - 6:00 pm.

The City Council discussed the motion and commented. Councilmember Sarah Aquino asked Councilmember Mike Kozlowski if he would consider an amendment to his motion changing Condition No. 25 to a brewing time of 7:00 am - 6:00 pm. Councilmember Mike Kozlowski and Vice Mayor YK Chalamcherla concurred. Councilmember Sarah Aquino requested that Resolution No. 9689 be updated with the City's current appeal process. There was more discussion by the City Council.

Amended Motionby Gouncilmember Mike Kozlowski, second by Vice Mayor YK Ghalamcherla, to deny the appeal, eliminate Gondition No. 24 regarding dancing prohibition, and modify Condition No. 25 to reflect the brewing time as 7:00 am - 6:00 pm.

Motion carried with the following roll call vote:

AYES: Councilmember(s): Rohrbough, Aquino, Ghalamcherla, Kozlowski, Rodriguez NOES: Councilmember(s): None
ABSENT: Gouncilmember(s): None
ABSTAIN: Gouncilmember(s): None
DRAFT - Not fficial until approved by the City Council Page 21 04/25/2023 Item No.6.

Book77 Page 78
Folsom City Council
April 11,2023
Motion by Gouncilmember Sarah Aquino, second by Gouncilmember Mike Kozlowski, to waive the 10:30 rule and continue the meeting.

Motion carried with the following roll call vote:

AYES: Gouncilmember(s): Rohrbough, Aquino, Ghalamcherla, Kozlowski, Rodriguez NOES: Gouncilmember(s): None
ABSENT: Councilmember(s): None
ABSTAIN: Gouncilmember(s): None
Mayor Rosario Rodriguez called for a five-minute recess at 10:03 pm and reconvened the City Council meeting at 10:08 pm.

OLD BUSINESS:

14. Study Session: Public Works Department's Five-Year Capital lmprovement Program Public Works Director Mark Rackovan made a presentation and responded to questions from the City Council. Senior Civil Engineer Ryan Neves continued the presentation and responded to questions from the City Council with clarification from City Attorney Steven Wang. Senior Civil Engineer Zach Bosch, Senior Civil Engineer Ryan Chance and Engineering Manager Brian Reed continued the presentation and responded to questions from the City Council.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Mayor Rosario Rodriguez requested a future agenda item to consider the retention of economic development professional services. City Council consensus was to discuss this item during upcoming budget discussions. Mayor Rodriguez also requested a study of economic development and the impact it has on the City Council. There was City Council consensus to add this item to a future agenda.

Councilmember Anna Rohrbough asked about the status of her earlier request for a joint meeting with the Traffic Safety Committee. City Manager Elaine Andersen confirmed that the joint meeting has been scheduled for the June 13th City Council meeting.

COUNGIL GOMMENTS:

Mayor Rosario Rodriguez announced that she appointed Samantha Davidson as her direct Parks and Recreation Commissioner, which leaves an at-large vacancy.

Vice Mayor YK Chalamcherla stated he will participate in the next City Council meeting by telephone because he will be attending Cap to Cap in Washington DC.

ADJOURNMENT
There being no further business to come before the Folsom City Council, Mayor Rosario Rodriguez adjourned the meeting at 11: 51 pm.

DRAFT - Not fficial until approved by the City Council
SUBMITTED BY:

04/25/2023 Item No.6.

Book 77 Page 79
Folsom City Council
April 11,2023
Christa Freemantle, City Clerk
ATTEST:

Rosario Rodriguez, Mayor
DRAFT - Not fficial until approved by the City Council Page 23 04/25/2023 Item No.6.

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CITY OF
FOLSOl\{
DISTINCTIVE BY NA?URE

04/25/2023 Item No.6.

Folsom City Council
Staff ort
MEETING DATE: 412512023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 I0I7 - A Resolution Authorizing the City Manager to Execute an Agreement with the County of
Sacramento, and the Cities of Citrus Heights, Elk Grove, Galt, Rancho Cordova, and Sacramento to Meet Certain SB 1383 Edible Food Recovery Regulatory Requirements
FROM: Public Works Department

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. ll0l7 - A Resolution Authorizingthe City Manager to Execute an Agreement with the County of Sacramento, and the Cities of Citrus Heights, Elk Grove, Galt, Rancho Cordova, and Sacramento to Meet Certain SB 1383 Edible Food Recovery Regulatory Requirements.

BACKGROUND / ISSUE
Senate Bill 1383, California's Short-lived Climate Pollutant Reduction Strategy (SB 1383) requires jurisdictions to have programs that recover 20o/o of the edible food being disposed of, for human consumptionby 2025. Programs must include education, inspections, and enforcement for edible food generators and provide for increased capacity at food recovery orgarizations, including funding the additional capacity if needed. This law required large commercial edible food generators, namely grocery stores, supermarkets, and wholesale distributors, identified as Tier I generators, to donate food beginning in 2022, and expands edible food recovery requirements to restaurants, hotels, health facilities, and schools, identified as Tier 2 generators, beginningin2024.

In November 2021the city, in partnership with other Sacramento County jurisdictions, entered into an agreement with R3 Consulting Group (R3) to complete several of the SB 1383 edible food recovery preliminary planning tasks. R3 identified all Tier 1 and Tier 2 edible food generators, identified all food recovery organizations and their food recovery capacity, and prepared a draft budget and implementation schedule for a regional program. R3 Consulting Group concluded that I

04/25/2023 Item No.7.
regionally there is minimal need for additional capacity to support edible food recovery for Tier 1 generators through the Sauamento Food Bank and Family Services (SFBFS) of which Folsom's Twin Lakes Food Bank is a member. However, significantly expanded food recovery capacity will be needed to support food recovery activities from Tier 2 generators (Exhibit A).

Notably, the identified Tier 2 generators largely generate prepared foods, which SFBFS or its partnei agencies does not currently or expect to be able to handle. This means, regionally there is not yet enough food recovery capacity to accept this type of donation and recovery infrastructure is needed. n: has identified several "fee for service" type businesses that specifically focus on recovery of prepared foods from Tier 2 generators and recommends contracting regionally with one of theseiervices to collect and transport edible food between jurisdictional boundaries. These business models are app based, which easily connect edible food generators with prepared foods for donation to people in need.

Following R3's capacrty study, the jurisdictions of Sacramento County and the Cities of Folsom, Sacramento, Elk Grove, Citrus Heights, Galt, and Rancho Cordova, collectively known as the Edible Food Recovery Working Group (EFRWG) have been participating in a regional effort to meet edible food recovery requirements outlined by SB 1383 and ensure adequate regional capacity to preserve, store, and distribute this additional food.

POLICY / RULE
Section 2)6.120 of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

ANALYSIS
R3 Consulting Group recommends that the best way for all jurisdictions to meet the edible food recovery requirements will be to create a regional program that involves participation in an EFRWG Memorandum of Understanding (MOU). The MOU will formally establish the EFRWG consisting of members from all participating jurisdictions. The agreement includes hiring a regional
-BAiUt" Food Recovery (EFR) Consultant to complete certain program tasks such as *uintui.ring a current list of edible food generators, coordinating with food recovery otganizations to ensure capacity is maintained or expanded where needed, applying for grants, administering a grant program established by the EFRWG, and preparing an annual budget and work plan' The Bn'nWC will oversee the work of the EFR Consultant and vote on the annual budget and work plan.

Participating jurisdictions will fund the MOU based equally on two factors, population, and the total number of edible food generators within each jurisdiction (Exhibit B). Folsom's share is

6.39%. Each year the budget is subject to change based on program needs. The shared expenses include hiring a consultant, support for capital replacement at food recovery otganizations, support for expanding capacity at existing food recovery organizations, and other administrative and ptogtu- costi including contracting with a service(s) to collect and distribute edible food from Tier 2 businesses.
2 Page 26
04/25/2023 Item No.7.

Participation in the MOU has several advantages, including access to food recovery expertise, a regional outreach campaign, the ability for edible food to reach those in need without the banier oflity and county boundaries, leverage in procuring a Tier 2 vendor to transport prepared food in a timely *uor"i, and a program consultant who will take direction from the EFRWG and administer all elements of the program. Folsom's Waste and Recycling staff will still be responsible for education, inspections, enforcement, and related recordkeeping and reporting for edible food generators within our jurisdiction.

If the city elected not to participate in the MOU, the city would need to hire a new full-time employee with the expertise to create and manage a Folsom specific food recovery program. We *o.rld-ulro be solely iesponsible to fund any additional edible food recovery capacity in Folsom and support expenses to maintain current capacity. Currently, the crty of Folsom does not have any "upurity
to recbver prepared foods from Tier 2 generators. Furthermore, operating outside of this gto.rp, Folsom would not have access to economies of scale present with the EFRWG.

Edible food recovery is not an enterprise fund expense. To become compliant and avoid fines, general funds are needed to support this program. SB 1383 suggests franchise fees or local assessments as funding sources. While Folsom does not receive significant franchise fees, local assessments may be an option. However, Folsom only has 35 total Tier 1 and Tier 2 generators that are required to donati edible food which means that a significant charge to businesses would be needed to fund this program if general funds are not available.

F''INAN IMPACT
The EFRWG budgets have been established for the first two years of the agreement. Folsom's share in year one is $94,245 and in year two $124,089. In subsequent years the budget will be created by the EFR Consultant and voted on by the EFRWG. Funding is only committed for the first two years after which continued participation will be determined annually. Year one of the agreement is fiscal year 2023-24 and funding has been requested from the general fund through 15g budget process. Pending approval by CalRecycle, it is the intention of the department to reimburse the general fund in year one using SB 1383 grant funding.

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

ATTACHMENTS
l. Resolution No. 11017 - A Resolution Authorizing the City Manager to Execute an Agreement with the County of Sacramento, and the Cities of Citrus Heights, Elk Grove, J Page 27
04/25/2023 Item No.7.

Galt, Rancho Cordova, and Sacramento to Meet Certain SB 1383 Edible Food Recovery Regulatory Requirements

2. Exhibit A - SB 1383 Tier I and Tier 2 Edible Food Generators

3. Exhibit B - Expense Allocation Edible Food Recovery Regional Program Submitted,
Mark Rackovan, Public Works Director
4 Page 28
04/25/2023 Item No.7.

Attachment 1
Resolution No. 11017

04/25/2023 Item No.7.

RESOLUTION NO. IIOIT

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH THE COUNTY OF SACRAMENTO, AND THE CITIES OF

CITRUS HEIGHTS, ELK GROVE, GALT, RANCHO CORDOVA' AND
SACRAMENTO TO MEET CERTAIN SB 1383 EDIBLE FOOD RECOVERY

REGULATORY REQUIREMENTS
WHEREAS, Senate Bill 1383, California's Short-lived Climate Pollutant Reduction Strategy (SB 1383) requires jurisdictions to have programs to recover 20Yo of edible food being disposed of, for human consumption; and
WHEREAS, SB 1383 defrnes edible food generators who are required to donate edible food; and
WHEREAS' jurisdictions are required to increase edible food capacrty to ensure all captured edible food generators have access to sufficient recovery services; and WHEREAS' jurisdictions are required to provide education, monitor and enforce edible food requirements for generators within their boundaries; and WHEREAS, staff have participated in planning efforts with a regional Edible Food Recovery Working Group (EFRWG) consisting ofjurisdictions within Sacramento County; and WHEREAS' the EFRWG hired an outside consultant to analyze edible food capacity and ongoing program needs; and
WHEREAS, staff recommend participating in an agreement with the EFRWG to establish a regional progftIm to meet certain edible food requirements of SB 1383; and WHEREAS, the initial program cost is $94,245in year one and $124,089 in year two; and WHEREAS, funding in the amount of $94,245 for the first year of the agreement is proposed in the Fiscal Year 2023-24Budget in the General Fund. If the funding is not approved ih" "*p"trre will be another unfunded mandate. Budgeting for subsequent years will be budgeted on an annual basis during the budget process; and
WHEREAS, if a grant is approved by CalRecycle, the General Fund will be reimbursed for the year one costs; 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 the County of Sacramento, and Cities of Citrus Heights, Elk Grove, Galt, Rancho Cordova, and Sacramento to Meet Certain SB 1383 Edible Food Recovery Regulatory Requirements.

Resolution No. I1017

04/25/2023 Item No.7.

AYES:

NOES:

ABSENT:

ABSTAIN:
pASSED AND ADOPTED this 25m day of April2023,by the following roll-call vote:

Councilmember(s):

Councilmember(s):

Councilmernber(s):

Councilmember(s):

Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemanfle, CITY CLERK
ResolutionNo. 11017
Page2 of2 Page 31
04/25/2023 Item No.7.

Attachment 2
Exhibit A - SB 1383 Tier 1 and Tier 2Edrble
Food Generators

04/25/2023 Item No.7.

Exhibit A
SB 1383 Tier 1 and Tier 2 Edible Food Generators
Tier 1
Bel-Air
Costco Wholesale
Raley's
Raley's
Safeway
Sam's Club
Sprouts Farmers Market
Walmart Supercenter
Winco Foods
99 Ranch Market
Grocery Outlet
Trader Joe's
Whole Foods Market
BJ'S Restaurant & Brewhouse
Fat's Asia Bistro
Olive Garden ltalian Kitchen
Dos'Coyotes Border Cafe
Chili's Grill & Bar
Red Robin Gourmet Burgers
Mimi's Bistro + Bakery
Scott's Seafood Grill & Bar
Hacienda Del Rio Restaurant
Buffalo Wild Wings Grill & Bar
Catch A Wave By Blue Nami
Cliff House-Folsom Brew Hse
Skipolinis Pizza
Denny's
Mikuni Japanese Rstrnt-Sushi
Lazy Dog Restaurant & Bar
ln-N-Out Burger

MERCY HOSPITAL OF FOLSOM
Folsom Pro Rodeo, Jul
Folsom Renaissance Faire, SeP
Folsom State Prison
Folsom State Prison - Woman's Prison Culinary Arts Mgmt' 2760E BidwellSt
1800 Cavitt Dr
25025 Blue Ravine Rd
715 E BidwellSt
1850 Prairie City Rd
2495lron Point Rd
905 E BidwellSt
1018 Riley St
200 Blue Ravine Rd
25000 Blue Ravine Rd
671 E BidwellSt
850 E BidwellSt
270 Palladio
2730E BidwellSt
2585 lron Point Rd
2485 lron Point Rd
13385 Folsom Blvd # L00
161 lron Point Rd
350 Palladio Pkwy # 410
27L9 E Bidwell St
824 Sutter St
702 Sutter St
2759E BidwellSt
330 Palladio Pkwy # 2045
9900 Greenback Ln

1.91 Blue Ravine Rd
1011 Riley St
185 Placerville Rd # 100
Palladio Pkwy #800
Placerville Rd
1650 Creekside Drive
403 Stafford St
403 Stafford St
300 Prison Rd
Folsom
TIER 2

04/25/2023 Item No.7.

Attachment 3
Exhibit B - Expense Allocation Edible Food
Recovery Regional Program

04/25/2023 Item No.7.

Exhibit B - Expense Allocation
Edible Food Recovery Regional Program
Jurisdiction
Citrus Heights
Elk Grove
Folsom
Galt
Randro Cordova
Sacramento
County
Total
tM"
tw6
tt%
9o
2%
4%
s6%
6%
280
67 455
27 51
35 7
18 Tier 1+Tier 2
tt%
PA
404
cn6
tgo
tWo
V/o
14%
A
194
2A
22 3
8 82
|et 2
t7
t%
4%
6%
L296
LffM
4%
g/.
5%
fla
33 271
10 2?
13 4
10 Tier 1
g2%
teA
twa
!f/o
7%
Vo
UA
M
114
0 0
2 93
tl
lD Food DistributoE +
lE Wholesale Food
Vendors
0 8
396
s%
il%
t4%
tw6
% of Total
6%
w.
8/o
t57
13 4
8 85
22 1A Supermarkets +
18 Grocery Stores
lBGrocery
Stores
10 15
Collection Component Distdbution Component
Population
% ofTotal
6%
tt%
s%
2%
s%
3i9o
Wo
tUYo
Residents
8;t,8tt
t76,tg
81,510
25,U9
78,381
510,931
s93,801
1,554,537
Wo illD/o
Allocation
6%
tL%
6%
Uo
4%
4p.96
26%
t0lJ.7o

04/25/2023 Item No.7.

This page intentionolly Ieft blonk
to focilitate double- sided printing .

FOLSONI

CITY OF
DI3TINC?:VE BY NA?UNT

04/25/2023 Item No.7.
:t .J* 1,:"iliri\'i
a.,.!rti19:. 9r air! ji
Folsom City Council
Staff ort
/ CITY COUNCIL ACTION
Staff recommends the City Council approve Resolution No. 1 1024 - A Resolution Updating the City of Folsom Govemance Manual.

BACKGROUND / ISSUE
In June 202l,the City Council approved the City of Folsom Governance Manual to establish and clariff mutually agreed upon govemance norms. The Governance Manual clarifies roles and responsibilities, establishes specific processes, and documents governing protocols.

The Governance Manual is not punitive, nor is it intended to stifle councilmembers' individualism in their representative role. Instead, the Governance Manual's purpose is to establish uniform standards that help form governance nonns and provide clear guidance in procedural areas of uncertainly.

POLICY / RULE
Folsom Municipal Code section2.06.070(C) provides that the City Council may adopt rules governing its meetings, proceedings, and business.

MEETING DATE: 4t2512023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 1024 - A Resolution Updating the City of Folsom Governance Manual
FROM: City Manager's Office
I

04/25/2023 Item No.8.

ANALYSIS
The Govemance Manual is divided into four sections
Section 1. Effective Governance - summarizes the core principles of good governance and describes the characteristics of both an effective City Council and an effective Councilmember.

Section 2. Roles and Responsibilities - clarifies the roles and responsibilities of the City Councilmembers and the City Manager. This section presents an overview of roles, describes the limitation of noninterference with the City Manager's role, gives guidelines for responding to public complaints, and directs an orientation process for new Councilmembers.

It also offers helpful tips on the City Council's informal role.

Section 3. Communications Protocols - provides communication norms between the City Council and the City Manager and between individual City Council members. This section addresses communication parameters within the legal confines of the Brown Act and provides related safe conduct guidelines for communication on social media platforms. This section suggests that City Council members proactively keep each other informed of their City-related activities in the community and the region and includes a collaborative reminder that all City Council members have an equal voice and standing on all matters affecting the City and that no single City Council member "owns" a particular issue. This section provides guidance for speaking on behalf of the city and speaking as individual. Lastly, this section addresses Councilmembers' representation of the city on regional agencies and recommends proactive sharing of activity information from regional agencies.

Section 4 - Meeting Protocols - documents authority for development of the agenda and addresses requests by external parties for agenda items and ceremonial documents. This section supports the use of Robert's Rules of Order, memorializes meeting norms, and provides motion guidelines. This section also provides an overview of how to address conflicts of interest. In closing, this section acknowledges other policy documents (related to City Council meetings and code of ethics) that should be considered as companion documents to the Governance Manual.

The Governance Manual is intended to be updated periodically to ensure that it remains in alignment with current laws and City practices. During the City Council's strategic planning workshop in February 2023, Councilmembers discussed o'Council norms" as agreed upon standards of behavior and practices. The City Council provided direction to staff to incorporate the below newly agreed upon norms into the Governance Manual:

L) Maintain a citywide perspective toward all of our residents and constituents while being mindful of our districts.
2l Move from 1 to we, and from campaigning to governing. 3) Work together as a body, modeling teamwork and civility for our community. 2 Page 38
04/25/2023 Item No.8.
4l Assume good intent.
5) Disagree agreeably and professionally, then commit to the decision once made. 6) Utilize long-range plans to provide big picture context that is realistic and achievable.

Z) Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
8) Demonstrate respect, consideration and courtesy to all. 9) Share information and avoid surprises.

L0) Keep confidential things confidential.

L1) Respect the Council/Manager form of government and the roles of each party.

L2)Communicate concerns about staff to the City Manager; do not crrticize staff in public.

The twelve norns listed above have been incorporated into Governance Manual Section 1 - Effective Governance. These additions to Section I are shown in redline as attachmenl2 fot clarity.

F'INANCIAL IMPACT
This action has no financial impact.

ENVIRONMENTAL REVIEW
This action is not considered a project under Section 15061(bX3) of the California Environmental Quality Act Guidelines, and as such is exempt from environmental review'

ATTACHMENTS

1. Resolution No. 1 1024 - A Resolution Updating the Crty of Folsom Governance Manual

2. Redline of Section 1. Effective Governance edits

3. City of Folsom Governance Manual (2021Adopted Version) Submitted,
Elaine Andersen
City Manager
J Page 39
04/25/2023 Item No.8.

Attachment I
Resolution No. II024 - A Resolution Updating the City of Folsom Governance Manual

04/25/2023 Item No.8.

RESOLUTION NO. IIO24

A RESOLUTION UPDATING THE

CITY OF FOLSOM GOVERNANCE MANUAL
WHEREAS, a governance manual benefits the City organization and the community by clariffing roles and responsibilities, clarifiing specific processes, and documenting governing protocols; and
WHEREAS, a governance manual establishes and clarifies mutually agreed upon governance nonns and establishes uniform standards that provide clear guidance in areas of procedural uncertainly; and
WHEREAS, the Folsom City Council adopted a Govemance Manual in June 2021; and WHEREAS, the governance manual may be updated periodically to ensure that it remains in alignment with current laws and City practices; and WHEREAS, during the City Council's strategic planning workshop in February 2023, Councilmembers discussed "Council norms" as agreed upon standards of behavior and practices and provided direction to staff to incorporate the below twelve newly agreed upon nonns into the Governance Manual:

1. Maintain a citywide perspective toward all of our residents and constituents while being mindful of our districts.

2. Move from 1 to we, and from campaigning to governing.

3. Work together as a body, modeling teamwork and civility for our community.

4. Assume good intent.

5. Disagree agreeably and professionally, then commit to the decision once made.

6. IJtilize long-range plans to provide big picture context that is realistic and achievable.

7. Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.

8. Demonstrate respect, consideration and courtesy to all.

9. Share information and avoid surprises.

10. Keep confidential things confidential.

I 1. Respect the Council/Manager form of government and the roles of each party.

12. Communicate concerns about staff to the City Manager; do not criticize staff in public.

Resolution No. 11024
Page I of2

04/25/2023 Item No.8.

NOW, THEREFORE, BE IT RESOLVED that the Folsom City Council updates the City of Folsom Governance Manual to incorporate the above Council norms. pASSED AND ADOPTED this 25ft day of April2023,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11024
Page2 ofZ

04/25/2023 Item No.8.

Attachment2
Redline of Section 1. Effective Governance edits

04/25/2023 Item No.8.

Section 1. Effective Governance
. , l: i,,r1i :l
..,,:.: "rli''
.j. '
The Folsom City Council is committed to good governance. Together, the City Councilworks as a cohesive unit to moke decisions in the city's best interest. While individual Councilmembers eoch bring their unique background and expertise to their role qs an elected officiol, it is only by working together rather than as individuqls thot the City Council cqn achieve the greatest good for the greatest number of people.

Effective Governance as the Core Principle of the City of Folsom The City Council's core principle of effective governance is transforming the community's needs and desires into policies that direct the City's functions. As the City Council fulfills the responsibility of setting policy direction, how City Council members perform their governance role is critical. Whether meeting in Council Chambers, serving in the community, or working with city staff, Councilmembers are always stewards of public trust.

The wellbeing of the City depends upon the responsible and professional manner in which each Councilmember and the City Council collectively fulfills their governance roles and responsibilities.

The City Council members and City Manager work in a coordinated manner to achieve their common purpose of effective governance. Together, they function collaboratively with a high degree of respect, trust, and openness. Notably, the City Council and City Manager value diversity in style and perspective and are open to new ideas. While individuals may have potential biases or policy preferences, all team members listen with an open mind and are willing to have preconceived notions challenged or changed. The City Council and City Manager strategically examine issues and situations and decide on a course of action serving the city's mission and goals.

Effective City Councils understand that a good working relationship with each other and staff is vital for the city to run successfully. Therefore, the City Council acts with integrity, Section 1. Effective Governance (draft 2023 update) Page 1

04/25/2023 Item No.8.
civility, and a high level of professional decorum. City Council members build trust by Striving tO have a "no secrets, no Surprises" approach as the operating norm.

Characteristics of an Effective Council
An effective Council:

LFollowsthelegalrequirementSoftheCityCharter,MunicipalCode,Stateand Federal law and regulations
Z.LMakes decisions that are in the best interest of the City and considers that short-term decisions often have long-term consequences
3LProvidescleardirectiontotheCityManagertoensureclarityofdirection, specificity in scope, and mutual understanding.
opportunity to speak.
+.LSeeks consensus and common ground knowing there are rarely perfect solutions

7. Respects the governing process and follows implementation of the will of the majority.
achievable.
+J}_Represents all residents and knows that a vocal minority does not necessarily reflect the view of a quiet majority
Characteristics of an Effective Council Member
An effective Council member:
beine mindful of our districts.

3. Assumes good intent.
( Shrro< infnrrn:tio end :rrnid cr rrnriqeq

6. Keeps confidential things confidential.
+7-Commits the time necessary to understand issues
Section 1. Effective Governance (draft 2023 update) Page2

04/25/2023 Item No.8.
a.&_Acknowledges their own potential biases, listens with an open mind, and is willing to have preconceived ideas challenged

9. Respects the role and function of the public, city staff, and the City Manager

10. Respects the Council/Manager form of government and the roles of each party. +1 1 . Communicates concerns about staff to the City Manager; does not criticize staff in public.
+12 Recognizes that their colleagues were also elected, and all deserve equal levels of respect

5.1-:!-Understands that authority rests with
individual Council members.
+.14 Limits their critique to the idea be
proposing it, and accepts criticism of or pro t taking it personally

7.11 Respects the expertise of city ndu re to provide
factual, neutral informatio the Cou
I as a whole and not with
d not to the person
Section 1. Effective Governance (droft 2023 update) Page 3

04/25/2023 Item No.8.

Attachment 3
City of Folsom Governance Manual (2021Adopted Version)

04/25/2023 Item No.8.

04/25/2023 Item No.8.

Governance Manual
Table of Contents
Section 1. Effective Governance
Effective Governance as the Core Principle of the City of Folsom Characteristics of an Effective Council ....

Characteristics of an Effective Council Member........

Section 2. Roles and Responsibilities
Policy Setting and Policy lmplementation
Council-Manager Form of Government ..

Mayor's Role
Vice Mayor's Role....

City Manager's Role
Noninterference with City Manager's Administrative Role Responding to Public Comp1aints......................

New Councilmember Orientation............
lnformal Role - Tips to Keep in Mind
Section 3. Communications Protocols
Communication between the City Council and the City Manager'...'.....'..

Direction to City Manager at City Council Meetings..

Communication between Council Members ......

Brown Act
Social Media
Keeping Each Other lnformed and Reporting on Regional Agency Action........

Communication between City Council Members and the Public 3 3
3 4
4 5
5 5
6 ..7
.,7
..8
..8
..8
..9
Governance Manual - Table of Contents Page i
10

04/25/2023 Item No.8.

Speaking for the City..............,.,.

Safegua rd i ng Confidentia l, Sensitive a nd Closed Session I nformation Correspondence
Representing the City on Regional Agencies
Section 4. Council Meeting Protocols
Conducting Open Meetings.

Placing an ltem on the Agenda
Agenda ltems Proposed by a City Council Member...

Agenda ltems Proposed by Members of the Public.......

Rules of Order..

City Council Meeting Norms
Making and Seconding Motions...

Most Commonly Used Motions....

Proclamations and Resolutions of Commendation
External presentations.................

Reporting and Avoiding Conflicts of lnterest
Companion Documents
10 10
10 11
##
Governance Manual - Table of Contents Page ii

04/25/2023 Item No.8.

Section 1. Effective Governance
.#&"
The Fo$om City Councit is committed to good governqnce. Together, the City Council works as a cohesive unit to moke decisions in the city's best interest. While individual Councilmembers eoch bring their unique background and expertise to their role os qn elected official, it is only by working together rather than os individuols that the City Council can achieve the greatest good for the greotest number of people.
3\,-
+
Effective Governance as the Core Principle of the City of Folsom The City Council's core principle of effective governance is transforming the community's needs and desires into policies that direct the City's functions. As the City Council fulfills the responsibility of setting policy direction, how City Council members perform their governance role is critical. Whether meeting in Council Chambers, seruing in the community, or working with city staff, Councilmembers are always stewards of public trust.

The wellbeing of the City depends upon the responsible and professional manner in which each Councilmember and the City Council collectively fulfills their governance roles and responsibilities.

The City Council members and City Manager work in a coordinated manner to achieve their common purpose of effective governance. Together, they function collaboratively with a high degree of respect, trust, and openness. Notably, the City Council and City Manager value diversity in style and perspective and are open to new ideas. While individuals may have potential biases or policy preferences, allteam members listen with an open mind and are willing to have preconceived notions challenged or changed. The City Council and City Manager strategically examine issues and situations and decide on a course of action serving the citys mission and goals.

Effective City Councils understand that a good working relationship with each other and staff is vital for the city to run successfully. Therefore, the City Council acts with integrity, Section 1. Effective Governance Page 1

04/25/2023 Item No.8.
civility, and a high level of professional decorum. City Council members build trust by striving to have a "nO secrets, nO Surprises" apprOach aS the operating norm, Characteristics of an Effective Council
An effective Council:

1. Follows the legal requirements of the City Charter, Municipal Code, State and Federal law and regulations

2. Makes decisions that are in the best interest of the City and considers that short- term decisions often have long-term consequences

3. Provides clear direction to the City Manager to ensure clarity of direction, specificity in scope, and mutual understanding.

4. Seeks consensus and common ground knowing there are rarely perfect solutions

5. Respects the governing process and follows implementation of the will of the majority

6. Represents all residents and knows that a vocal minority does not necessarily reflect the view of a quiet majoritY
Characteristics of an Effective Council Member
An effective Council member:

1. Commits the time necessaryto understand issues

2. Acknowledges their own potential biases, listens with an open mind, and is willing to have preconceived ideas challenged

3. Respects the role and function of the public, city staff, and the City Manager

4. Recognizes that their colleagues were also elected, and all deserve equal levels of respect

5. Understands that authority rests with the Council as a whole and not with individual Council members.

6. Limits their critique to the idea being proposed and not to the person proposing it, and accepts criticism of a policy or proposal without taking it personally 7 . Respects the expertise of city staff and understands staffs desire to provide factual, neutral information to the Council
Section 1. Effective Governance Page2

04/25/2023 Item No.8.

Secti on 2. Roles and Responsibilities
.#q
The City Council's role is to qct as o public policy-setting body. lt is the City Monoger's role to implement pubtic policy. With q strong guiding belief thot all benefit from o cleor understonding of their respective roles, this Governance Monuql estqblishes the normotive framework under which the City Council can perform in the most effective mqnner possible.

T
Policy Setting and Policy lmplementation
One of the essential characteristics of an effective Council is their understanding and agreement on roles and responsibilities. Generally, governance is about setting policy by defining what the organization will do, and administration focuses on how to do it.

Discerning the difference can sometimes be challenging. lf the City Council discussion focuses on long-term outcomes, it tends to be policy setting; if it focuses on short-term objectives or incremental steps, it tends to be administrative. Since the distinction between policy and administration is sometimes challenging to identify, the City Council and the City Manager must clearly understand their roles and responsibilities.

Council-Manager Form of Government
Folsom is governed under the council-manager form of government. In a council-manager government, an elected City Council serves as the city's primary legislative body. lt appoints a city manager to oversee day-to-day municipal operations, craft the budget, and implement and enforce the City Council's policies and direction.

Mayor's Role
Folsom's Charter defines the Mayor's role and establishes the selection of the Mayor bythe City Council. The Mayor's primary responsibilities include:

1. Presiding at meetings of the Council;

2. Meeting regularly and as appropriate with the City Manager to provide policy guidance relative to the actions of the Council, expressing the desires of the Council and its members, and monitoring the administrative implementation of Council policies;
Section 2. Roles and Responsibilities Page 3

04/25/2023 Item No.8.

3. Recommending City policy, legislation, and programs, subjectto approval by a majority of the City Council;

4. Representing the City for ceremonial purposes;

5. Representthe City in intergovernmental relations, personally or by a designated representative with the concurrence of the Council; and

6. Establishing and dissolving limited-term ad hoc committees, subject to the approval of the Council
Vice Mayor's Role
Folsom's Charter defines the Vice Mayor's role and establishes the selection of the Vice Mayor by the City Council. The Vice Mayor's primary responsibility is to perform the Mayo/s duties in the Mayor's absence.

City Manager's Role
Folsom's Charter identifies the City Manager's role as the administration of all affairs of the City, and as such, the City Manager holds many powers and duties. This role includes, but is not limited to:

1. Appointing and removing all assistants to the city manager and all department heads;
2, Appointing, removing, and disciplining all employees of the city (the city manager may delegate this authority to the several department heads, but retains certain authorities;

3. Directing the administration of all departments;

4. Preparing the CitYs budgefi

5. Keeping the City Council fully informed and advised of the financial, administrative, physical, and operationalcondition of the Cityand of itsfuture needs in each area, and make such recommendations and present such plans and programs concerning the affairs of the City;

6. providing for the enforcement and faithful execution of all laws, ordinances, rules, regulations, acts of the City council, the City Charter and such other actions as the City council shall direct;

7. Attending all City council meetings and taking part in the discussions of the City council (but having no vote);

8. lnvestigating all complaints in relation to matters concerning the administration of the City;
Section 2. Roles and Responsibilities Page 4

04/25/2023 Item No.8.
g. Exercisinggeneralsupervision of all public buildings, parks, realand personal property, assets, utilities, streets, and other public properties which are under the ownership, control, or jurisdiction of the city;
1 0. Carrying out and enforcing all policies of the City council and all rules, regulations and ordinances adopted bY it;

11. Cooperating with all community organizations whose purpose is to serve the welfare and best interests of the City and of its people, business, and organizations;

12. Preparing the City council agenda in such a manner to ensure that all matters concerning the attention of the City council are included thereon in a timely manner;
Noninterference with City Manager's Administrative Role The City Manager's administrative role is distinct and separate from the City Council's role.

As prescribed by the Ci!y's Charter, neither the Mayor nor any Councilmember shall interfere with the execution of the City Manage/s powers and duties. Except for purposes of inquiry, the Mayor and Councilmembers shall dealwith the administrative services of the City solely through the City Manager, and neither the Mayor nor any Councilmember shall give orders to any subordinate of the City Manager, either publicly or privately. The City Council may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of any department head or employee, but neither the Mayor nor any Councilmember shall in any manner control or demand the appointment or removalof any City department head or employee.

Responding to Public Complaints
It is important that when Councilmembers receive a complaint or inquiry from a member of the public, the Councilmember should acknowledge the requestor's communication without making promises or jumping to conclusions. As the City Manager's role is to investigate and resolve these issues with city staff, all complaints should be forwarded to the City Manager for a response. The City Manager will keep the City Council informed regard i ng adm inistrative actions.

New Councilmember Orientation
Welcoming newly elected Councilmembers and providing them with the appropriate orientation and resources is crucial to developing an effective, cohesive governance team.

1. With the Brown Act limitations in mind, current Councilmembers are encouraged to reach out to newly elected members to welcome them and build productive working relationships.

2. The City Manager will provide a formal orientation for new Councilmembers to:

Section 2. Roles and Responsibilities Page 5

04/25/2023 Item No.8.
a. Explain roles and responsibilities;
b. lntroduce dePartment heads;
c. provide practical information such as access to City Hall, office space, security procedures, meeting Protocols;
d. Study a typical City Council meeting agenda and explain the order of business, consent calendar, business from the floor, and other meeting sections and protocols such as making motions and providing direction to the City Manager and staff during a City Council meeting. e. Review rules regarding confidentialiry the Brown Act, and gift reporting;

3. Councilmembers shall work through the City Manager to schedule additional meetings with department heads and/or tours of city facilities to gain a better understanding of city services and operations'

1. Lead by exomple. Be honest, consistent, ond flexible.

2. Do not get stompeded into qction by the strong demands of speciol interest groups. Your job is to find the entire community's long-term public interest, and you may be heoring from o vocol minoritY.

3. Be cleor on what you stand for ond what is importont to you.

4. Think about whot you wsnt to accomplish. Do not qct rashly and assume thot only you know the best way to accomplish things. Every issue will benefit from additionql discussion. Your perceptions may change.

S. Sometimes we underestimate the potential impaA of a strong leadership voice. Use the dignity of your office to help the community get past contentious lssues.

6. There can be o tremendous omount of discomfort in making very public decisions. lt is importont to tqke a long-term perspective, weigh everything, and reoch good decisions.

7. Know that you will not be obte to satisfy everyone. lf you try, you will not be able to de.monstrate leodership. Listen fairly, tisten thoughtfully, ond then do what is best,

8. Most of the easy decisions were made o long time ago. Mony decisions thst need to be made con be difficutt - but you connot alwoys solve those big problems easily.

City Council's lnformal Role - Some Helpful Tips to Keep in Mind Section 2. Roles and Responsibilities Page 6

04/25/2023 Item No.8.

Section 3. Communication Protocols
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Effective communication brings individuqls together to achieve desired outcomes, qnd it requires cleor sharing of information and qttentive listening. Successful communicqtion builds ond mointains strong relotionships, develops reciprocoltrust, promotes tronsporency, supports understanding with the community, and focilitotes go od d eci s i o n - m a ki ng. As i m po rto ntly, effective co m m u n i cqti o n red u ces misunderstonding ond decreqses the potentiol for conflict.

Communication between the City Council and the City Manager Folsom's council-manager form of government directs the City Council to communicate with the City Manager on all matters related to City operations, and City Council members are therefore encouraged to contact the City Manager with questions about city operations or issues. The City Manager will obtain the requested information or direct the appropriate staff member to assist. When an individual City Council member seeks information that the City Manager believes may be of interest or use to other City Council members, the City Manager may share that information with the entire City Councilto keep all members equally informed. The City Council should be aware that the City Manager may not readily share Some items due to employment law, privacy rights, investigations, etc' Agenda review sessions with the City Manager and individual City Council members are scheduled in advance of each City Council meeting. City Council members are strongly encouraged to ask questions about agenda items during their agenda review session, as this allows staff time to perform additional research if necessary before the Council meeting. City Council members are welcome to ask the questions again at the Council meeting to benefit other Council members and the public.

Direction to City Manager at City Council Meetings
ln providing direction to the City Manager and staff during City Council meetings, the City Council should ensure that direction and motions provide unambiguous policy direction, x
Section 3. Com munications Protocols PageT

04/25/2023 Item No.8.
including specificity and scope of the desired action. lf a motion seems unclear, City Council members should ask for clarification to be sure all agree on the proposed direction.

Communication between City Council Members
City Council Members should treat each other with dignity and respect and observe a high levelof professionaldecorum both on and off the dais. This respectfulapproach supports a productive sense of camaraderie and sets an example for civil decorum in City Council meetings.

Brown Act
The California open meeting law, commonly known as the "Brown Act," requires all City Council meetings to be open to the public (subject to a few limited exceptions). A meeting is defined as any congregation of a majority of the members of a legislative body at the same time and place to hear, discuss, and deliberate upon any item that is within the subject matter jurisdiction of the legislative body. Accordingly, meetings or discussions between three or more members of the Folsom City Councilcould violate the Brown Act if such meeting is to discuss any matter within the subject matter jurisdiction of the City Council (e.g., City parks and recreation programs, budget, staffing, streets and traffic, public improvements, or private development projects, etc.) without first complying with agenda- posting and noticing requirements of the Brown Act.

Meetings subject to the Brown Act are not limited to face-to-face gatherings. They also include any communication medium or device (for example, telephone conversations, text messages, social media postings, etc.) through which a majority of the City Council discusses, deliberates, or acts on an item of business outside of a noticed meeting.

Communication technologies present particular Brown Act challenges. For example, standard email practices of forwarding or replying to messages can easily lead to a serial meeting prohibited by the Brown Act, as can participation by a majority of the Council members in an internet chatroom, social media format, a Facebook page posting, or blog dialogue.

Social Media
City Council members should use the same professionalism and sound judgment exercised in public meetings when communicating on social media. Beyond standards of professionalism, City Council members should also be mindful of legal restrictions on their social media activity.
ln 2020, State legislation (AB 992) amended the Brown Act to address public officials' use of social media, and two particular elements are essential to keep in mind. First, AB 992 clarifies that a public official may have their separate conversation on social media platforms to answer questions, provide information to the public, or solicit information Section 3. Communications Protocols Page 8

04/25/2023 Item No.8.
from the public regarding a matter within the legislative body's subject matter jurisdiction However, this is legally permissible as long as a majority of the members of the legislative body do not use the social media platform to discuss among themselves of the same matter, including making posts, commenting, and even using digital icons that express reactions (i.e., emojis, "liking", thumbs up, thumbs down, etc.) to the discussion made by other members of the legislative body.

Key point: A City Council member moy hove their own conversation on social media obout a mqtter within the City Council's subject matter jurisdiction, up to the point when a majority of the City Council members starts to hove the same conversotion on their own. Once there is a moiority of City Council members having their own "seporate" conversation on social medio about the same subject matter, then those conversations must cease altogether. Simp$ using o digitol icon (such as emojis) constitutes hoving a conversotion under AB 992.

Secondly, AB gg2goes further by prohibiting a member of a legislative body from responding directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. ln other words, if a public official posts a comment in response to another public official's social media post about an agency issue, that could be a Brown Act violation under AB 992 (assuming both public officials serve on the same legislative body). AB 992 covers commonly used social media platforms such as Facebook, lnstagram, Snapchat, Twitter, blogs, TiKTok, and Reddit.

Key Point: Be coreful not to comment on onother City Council member's posting on social medio, including posting comments, retweeting, "liking," "disliking," responding with positive or negotive emojis, ond reposting. Violotions of the Brown Act con potentially lead to involidation of future City Council actions, poyment of o chollenger's attorney fees, dnd even criminol prosecution for the offender.

City Council members should proactively keep each other informed of their C activities in the community and the region. City Council members should also ity-related
report on
important discussions and actions from the regional agencies they serve. This reporting of activities and actions is best accomplished at a City Council meeting either during discussion of related agendized items or during the Council Comments segment of a meeting.

The proactive sharing of activities contributes to the collaborative nature of the City Council's work and respects the role of all members. lmportantly, this sharing of information honors the standard that no single City Council member "owns" a particular Section 3. Communications Protocols Page 9

04/25/2023 Item No.8.
issue or effort. lt also reinforces the notion that all members have an equalvoice and standing on all matters affecting the City.
communication between city council Members and the Public Speaking for "the City"
When a City Council Member is requested to speak to a group or is asked the Council's position on an issue, the response should reflect the Council's position as a whole as taken in op"n session. Of course, a member may clariflT their vote on a matter by stating, "While I voted against 'X,' the City Council voted in support of it." When representing the City at meetings or other venues, those in attendance must understand the Council's position as well as the position of an individual member.

Confidential or sensitive City information, including closed session materials and discussions, shall not be disclosed in any circumstances, including via electronic communication.

Corresoondence
Members of the City Council will often be called upon to write letters to residents, businesses, or other public agencies. Typically, the Mayor will transmit the City's position on policy matters to outside agencies on behalf of the City Council. lndividual members of the Council will often prepare letters for constituents to respond to inquiries or provide requested information. City letterhead is available for this purpose, and staff can assist in the preparation of such correspondence. Requests for assistance should be made to the City Manager.

On occasion, members may wish to transmit correspondence on an issue upon which the Council has yet to take a position or has no position. ln these circumstances, members should indicate either in correspondence or verbally that they are not speaking for the City Council as a whole, but for themselves as a private citizen or as one member of the Council.

Council Members should avoid expressing opinions that could be perceived as biased or creating an appearance of bias when communicating about a matter that has the potential of coming before the Council for action'
After the City Council has taken a position on an issue, official City correspondence related to the issue should reflect this position. Similar to verbal communication standards, a City Council member who disagrees with the majority opinion may express their position by indicating that, "While I voted against 'X,' the City Council voted in support of it." ln Section 3. Communications Protocols Page 10

04/25/2023 Item No.8.
addition, City letterhead and staff support cannot be utilized for any personal purpose or in the Council Member's own campaign, including letters of recommendation.

Representing the City on RegionalAgencies
City Council members are assigned to represent the City on a variety of regional agency boards and commissions. Active participation by City Council members on regional agencies ensures the City's interests are adequately represented, advances Folsom's standing in the region, and allows City Council members to gain additional experience while developing connections with leaders from other jurisdictions. City Council members should exhibit the same dedication to regional agency meetings as they do to Council meetings through regular attendance, knowledge of the agenda, and engagement in policy discussions. lf a City Council member is unable to attend a meeting, they should advise the a lternative representative.

Assignments to regional agencies are generally proposed by the Mayor and require the concurrence of the City Council. Care should be taken to distribute the workload as evenly as possible and capitalize on subject matter expertise. Keeping regional assignments as consistent as possible year-to-year maintains the City's knowledge and seniority on regional agency.

Council meetings provide an opportunityto "report out" on regional activity so that all City Council members, staff, and the public are fully informed. See "Keeping Each Other lnformed of Activities and Reporting on Regional Agency Action" earlier in this section for additional details.
###
Section 3. Communications Protocols Page 1 1

04/25/2023 Item No.8.

Section 4. Council Meeting Protocols
.#q
The peopte of this Stote do not yietd their sovereignty to the ogencies which serve them, The people, in delegoting authority, do not give their public servonts the rightto decide whqt is good for the peopte to know qnd whqt is not good for them to know.

The peopte insist on remqining informed so thot they moy retain control over the instruments theY have created.

California Brown Act
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Conducting Open Meetings
Folsom City Council meetings are held in compliance with the California Brown Act, which prescribes requirements for open and public meetings, notice of meetings, public participation, and general agenda title guidelines.

Placing an ltem on the Agenda
Folsom Municipal Code section 2.06.070(A)(1) places the responsibility to develop the agenda for City Council meetings on the Mayor and the City Manager.

Generally, items placed on the agenda will be generated by staff, but occasionally items may be proposed by either a City Council member or a member of the public.

Agenda ltems Proposed by a City Council Member
A City Council member may request an item be placed on a future agenda by contacting the Mayor or City Manager. When the proposal entails wholly new policy direction or an issue that has not previously been considered, the Mayor and City Manager may place the item on an agenda to seek preliminary consensus from the City Council whether to investigate the proposal further. Staff will not conduct research or prepare a staff report until receiving direction to do so from the City Manager.

Section 4. Council Meetings Protocols Page 12

04/25/2023 Item No.8.

Agenda ltems Proposed by Members of the Public
A member of the public may propose an item be placed on a future agenda by contacting a City Council member, pursuant to Folsom Municipal Code section

2.06,070(AX2). The City Council member should communicate the request to the Mayor and City Manager for appropriate handling and scheduling.

Rules of Order
The City Council generally meets twice per month to conduct the public's business, and it is essential that meetings be orderly, efficient, and well-run. The City Council may establish and adopt by resolution its meeting procedures, and as to matters not covered by Council-adopted procedures, the Folsom Municipal Code provides that those matters shall be governed under the most current edition of Robert's Rules of Order. The Mayor presides over meetings of the City Council; in the absence of the Mayor, the Vice Mayor shall preside. ln the absence of the Mayor and Vice Mayor, the City Council may designate a senior member of the City Council to serve as temporary presiding officer to facilitate the conduct of the meeting.

City Council Meeting Norms
For most agenda items, the following sequence of steps will occur:

1. Staff presentation

2. Questions from the CitY Council

3. public hearing or public comment (depending upon the nature of the item)

4. Follow up questions from the City Council, if any

5. Motion or proposed direction to staff (see below for more detail regarding motions)

6. Discussion by the CitY Council

7. Vote on motion, orverbal expression of consensus
Certain hearings (such as appeals, community facility district formations, utility rate increases, etc.) may require additional procedures, and the City Attorney will provide appropriate instructions to guide the City Council's sequence of steps in those instances.

Section 4. Council Meetings Protocols Page 13

04/25/2023 Item No.8.

Making and Seconding Motions
Direction is given by the City Council through motions, which are verbal tools to focus discussion on proposed action and, eventually, to memorialize City Council direction. A motion supports orderly deliberation and ensures allvoices are heard Motions should begin with "l move . , ." to make it clear that this is a motion for action. Most staff reports contain staffs suggested motion-ready language within the "recommendation" section at the beginning of each staff report, but City Council members may make any desired motion. Motions require another City Council member to "second" the motion, which indicates there is interest in taking action on the motion. Motions are seconded byverbalizing"l second the motion". Any City Council member or the Mayor may make or second a motion.

Before the Mayor asks the City Clerk to call the question, the City Council may continue to discuss and deliberate on the merit of the motion. The maker of a motion has the right to speak so the City Council understands the basic premise of the motion, and to address any argument or opposition to the motion.

The most commonly used motions are:

Motion Type Action Accomplished Language
Main/Original motion The first motion made
which proposes action
"l move that..,"
Amending a motion Either adds or subtracts
to the preceding motion
"l move that the motion
be amended by..."
Refer to a commission or
committee
Refers the matter to a
commission or
committee
"l move that the issue be
referred to the
[appropriate commission
or committeel"
Continue or Postpone Continues or postpones
action to a future date
(this can be to a date
certain, or off-calendar to
indicate open-ended
continuation
"l move that the issue be
[continued to [specific
date or off-calendarl"
Previous Question Ends discussion and
compels a vote
"l move the previous
question"
Section 4. Council Meetings Protocols Page 14

04/25/2023 Item No.8.

Limit Debate Re-focuses lengthy or off-
topic discussion, without
blocking further
discussion
"l move to limit
discussion to [time limit
or topic]"
ln addition, a "point of order" question seryes to bring discussion that has detoured away from meeting norms back to conformance with proper procedures. The Mayor or any City Council member may call a point of order' The City Attorney provides advice during meetings in response to legal or procedural inquiries from the Mayor and City Council members. The City Attorney may also assist the City Council in framing complex motions to ensure clarity of intent and legal sufficiency.

Proclamations and Resolutions of Commendation
From time to time, the City receives requests from external parties for proclamations and resolutions of commendations. These requests are generally submitted to the Mayor, as the Folsom Municipal Code identifies the Mayor as responsible for representing the City for ceremonial purposes. lf the Mayor approves the request and indicates the item should be placed on a City Council agenda, staff will prepare the appropriate item.

External oresentations
From time to time, the City receives requests from external parties to make a presentation to the City Council. Similar to agenda items proposed by members of the public, requests by external parties to make a presentation before the City Council should be communicated to the Mayor and City Manager for appropriate handling and agenda scheduling.

Reporting and Avoiding Conflicts of lnterest
The Political Reform Act of 1974 ("the Act") establishes conflict-of-interest laws in California, The Act limits the receipt of specified gifts and honoraria and promulgates the principle that public officials should perform their duties serving the public in an impartial manner, free from bias caused by their own financial interests or the interests of persons who have supported them. ln addition, the Act Section 4. Council Meetings Protocols Page 1 5

04/25/2023 Item No.8.
sets up a mechanism whereby assets and income of public officials which may be materially affected by their official actions shall be disclosed and in certain circumstances the officials are disqualified from acting within their official capacity so that conflicts of interest may be avoided.

To determine whether a conflict of interest exists under the Act, the California Fair Political Practices Commission (FPPC) prescribes a four-step process, which is complex and time-consuming to properly analyze. The four considerations are:

STEP 1: ls it reasonably foreseeable that the governmental decision will have a financial effect on any of the public official's financial interests? STEP 2: Will the reasonably foreseeable financial effect be material? STEP 3: Will the material financial effect on the public official's financial interest be indistinguishable from its effects on the public generally? STEP 4: ls the public official "making, participating in making, or in any way attempting to use his or her official position to influence the governmental decision"?
Key Point: It is of poromount importonce thqt City Council members consult with the City Attorney to determine the existence of o conflict of interest.

This consultqtion should hoppen hefore a City Council meeting when q possible conflict exists relqted to qn ogendized item. The City Attorney will ossisf City Council members in determining whether o conflict of interest exists. lf a conflict exists, and no exceptions qpply, disquolificqtion is required. The rules ond interpretation ore complicated, qnd the Act deals with conflict-of-interest situations on o trqnsactionql, or cose-by-case, bosis. This meqns thqt situqtions must be ossessed for possible conflicts of interest in the light of their individual focts. The Act demands continuql qttention on the port of officiols. They must exqmine each transqction to determine if a conflict of interest thqt triggers d i sq u o I ifi coti o n exists.

When a conflict is determined to exist in relation to an agendized item before the City Council, the conflicted City Council member must:
1 . Publicly identify the nature of the conflict / financial interest that causes the conflict (except that he or she need not disclose the street address of a residence);
Section 4. Council Meetings Protocols Page 16

04/25/2023 Item No.8.

2. Recuse from discussing and voting on the matter; and

3. Leave the meeting room and refrain from participating in discussion of the item until after the decision has been made
a. Exception: Conflicted City Council members do not need to leave the dais for items on the Consent Calendar, but they still must disclose the nature of the conflict / financial interest and refrain from voting on that item
Comoanion Documents
The City Council has previously approved the below-referenced policies, which should be considered as companion documents to this Governance Manual.

1. Resolution No. 9689 - A Resolution of the City Council of the City of Folsom Relating to City Council Meetings, Proceedings, and Business (2015)

2. Resolution No. 7788 - A Resolution Adopting a Code of Ethics Appliable to the City Council, City Commissions and Committees (2006) ####
Section 4. Council Meetings Protocols Page 17

04/25/2023 Item No.8.

This poge intentiono"lly Ieft blsnk
to focilitate double- sided printtng .

CITY OF
F()LSON{
OI9TINCTIVE BY }IATURE

04/25/2023 Item No.8.
r. 1!,ri,iria l. ilii l
Folsom City Council
Staff rt
MEETING DATE: 412s12023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 1025 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with KYA
Services, LLC for the Prospector Park Construction and
Appropriation of Funds
F'ROM: Parks and Recreation Department

RECOMMENDATION / CITY COUNCIL ACTION
The Parks and Recreation Departrnent recommend that the City Council pass and adopt ResolutionNo. 1 1025-4 Resolution Authorizingthe City Manager to Execute a Construction Agreement with KYA Services, LLC for the Prospector Park Construction and Appropriation ofFunds.

BA / ISSUE
At the August 25,2020 City Council meeting, a design contract was approved with Wilson Design Studios Landscape Architects (WDSLA) for the planning and design of Prospector Park in the Folsom Plan Area. To gather public input, park neighbors were invited to a virtual community meeting that was held June 9,2021, and a follow-up in-person community meeting held at the future park site on July 14,2021. Working with the community input received from those meetings, WDSLA and staff worked together to develop a preferred Master Plan that was presented to the Parks & Recreation Commission on September 22,2021. The Parks & Recriation Commission forwarded a recommendation to the City Council to approve the Prospector Park Master Plan.

The Prospector Park Master Plan was approved by the City Council on Octobet 12,2022. The approved master plan includes:

I
Parking Lot

04/25/2023 Item No.9.

Open Space Area
Walkways
Children's Play Area
Restroom Building
Group Picnic Structure
Multi-Use Field
Lighted Ball Field
Dog Park
Lighted Tennis Courts
Lighted Basketball Court
Lighted Synthetic Turf Volleyball Courts
Low Water-use Plantings
WDSLA and staff then worked together to prepare design development, engineering, construction documentation and project specifications for the construction of Prospector Park.

POLICY / RI]I,8,
Section 2.36.080, Award of Contracts of the Folsom Municipal Code states, in part, that contracts for supplies, equipment, services, and construction with an estimated value of 570,952 or greater shall be awarded by City Council.

ANALYSIS
Parks & Recreation Department staff prepared the bid package and solicited bids via the City website and also www.CIPLIST.com. The project was issued for bids on February 27,2023.

A total of five bids were received on March 30,2023.

The five base bids received are
o KYA Services, LLC
r Abide Builders, Inc.
o Marinalandscape, Inc.
o TJR Resources, Inc.
o Olympic Land Construction
$8,626,000
$9,011,680
$9,580,000
s10,303,725
s1t,554,425
Staff reviewed the submittal by KYA Services, LLC and found their bid to be responsive to the Request for Proposal (RFP). The Engineer's Estimate for this project was $8,450,000. The Parks & Recreation Department has found the bid and submittal to be in order and recommends that the contract be awarded to the responsive low-bidder, KYA Services, LLC. Staff will use the City's standard agreement in a form acceptable to the City Attorney. 2 FINANCIAL IMPACT

04/25/2023 Item No.9.

The current approved project budget for Prospector Park is $8,250,000, therefore an additional appropriation in the amount of $1,746,175 will be required for a new total project budget of $9,996,175. The revised project budget includes the contract with KYE Service, LLC in the amount of $8,626,00 and al}Yobudget contingency of $862,600. The additional appropriation will be in the Folsom Plan Area Impact Fee Fund (Fund 472) and will utilize fund balance.

ENVIRONMENTAL REVIEW
Prospector Park was included in the Folsom Plan Area Environmental Impact Report in compliance with the Califomia Environmental Quality Act (CEQA).

ATTACHMENT
Resolution No. 1 1025 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with KYA Services, LLC for the Prospector Park Construction and Appropriation ofFunds
Submitted,
Lorraine Poggione, PARKS AND RECREATION DIRECTOR
J Page 71
04/25/2023 Item No.9.

RESOLUTION NO. 1I.025

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSTRUCTION AGREEMENT WITH KYA SERVICES, LLC, FOR THE

PROSPECTOR PARI( CONSTRUCTION AND APPROPRIATION OF' FUNDS WHEREAS, the City of Folsom desires to construct Prospector Park in the Folsom Plan Area; and
WHEREAS' Parks & Recreation Staff prepared the bid package, solicited sealed bids, and received five bids on March 30,2023, with KYA Services LLC being the lowest responsive and responsible bidder; and
WHEREAS, the current project budget is $8,250,000 as shown in the Fiscal Yeu 2022- 23 Capital Improvement Plan budget; and
WHEREAS, an additional appropriation in the amount of $$1,746,175 is needed, for a revised project budget of $9,996,175 and sufficient funds are available in the Folsom Plan Area Impact Fee Fund (Fund 472) for this appropriation ; and WHEREAS, the agreement will be in a form acceptable to the City Attomey; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an Agreement with KYA Services LLC for the Prospector Park construction in the amount of $9,488,600 which includes a ten percent contingency in the amount of $862,600.

BE IT FURTHER RESOLVED that the Finance Director is authorized to appropriate $1,746,175 in the Folsom Plan Area Impact Fee Fund (Fund 472), for a total project budget of $9,996,175.

PASSED AND ADOPTED this 25ft day of Aprrl,2023,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11025
Page I of I Page 72
04/25/2023 Item No.9.

Folsom City Council
Staff Re ort

RE,COMMENDATION / CITY COUNCIL ACTION
Staff respectfully recommends that the City Council pass and adopt Resolution No. 11026 - A Resolution of the City Council Amending Rule 6, "Appeals", of Resolution No. 9689 Pertaining to Appeal Hearing Protocol.

BACKGROUND / ISSUE
ResolutionNo. 9689 was adopted by the City Council in 2015 to formalize meeting protocol and procedures for appeals and public hearings to encourage greater public participation.

One of the rules contained in Resolution No. 9689 is Rule 6, "Appeals", which prescribes the procedure for conducting appeal hearings.

The City Council typically hears appeals to decisions made by City commissions such as the Planning Commission or the Historic District Commission pertaining to private development projects. While Rule 6 allows the appellant to address the City Council, it does not provide for the project applicant to similarly address the City Council in the appeal hearing.

POLICY / RULE
Pursuant to Section 2.02 of the City Charter, all powers of the City shall be vested in the City Council except as otherwise provided by the Charter, and the City Council shall provide for the exercise of its powers and for the performance of all duties and obligations imposed on the City by law.

I
MEETING DATE: 4t25t2023
AGENDA SECTION: Consent Calendar
SUBJECT: ResolutionNo. 11026 - A Resolution of the City Council Amending Rule 6, o'Appeals", of ResolutionNo.9689 Pertaining to Appeal Hearing Protocol
FROM: City Attomey's Office

04/25/2023 Item No.10.

ANALYSIS
The appeal hearing protocol in Rule 6 of Resolution No. 9689 cunently states as follows:
"Rule 6. Appeals. Where the City Council is the hearing body on an appeal, the following procedure shall apply.

The sequence of the hearing on matters appealed to the City Council shall be as follows a. Open the Public Hearing;
b. Staff Report;
c. Appellant's Presentation. Time limit - l0 minutes;
d. Statements from the public. Time limit - 3 minutes per speaker; e. Appellant makes closing remarks to the City Council. Time limit - 5 minutes; f. Appellant and City staff may respond to questions from the City Council; g. Close public hearing;
h. City Council discussion;
i. City Council action on the matter or continue the matter to another date or time certain.

The sequence of and speaker's time during the hearing on matters appeals to the City Council may be adjusted by the Presiding Offrcer in order to preserve an orderly and efficient hearing on the matter."
Because Rule 6 does not provide project applicants in an appeal to address the City Council, this Resolution seeks to amend Rule 6 to afford both parties to an appeal (i.e., the appellant and the project applicant) with a fair and equal opportunity to present their positions and arguments and address the City Council. Members of the public may continue to address the City Council without change.

FINANCIAL IMPACT
The proposed Council action will have no impact on the Crty's General Fund.

ENVIRO 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.

ATTACHMENTS

1. ResolutionNo. I1026 - A Resolution of the City Council Amending Rule 6, "Appeals", of Resolution No. 9689 Pertaining to Appeal Hearing Protocol 2 Page 74
04/25/2023 Item No.10.

2. Resolution No. 9689
Respectfully submitted,
Steven W*g, City Attorney
J Page 75
04/25/2023 Item No.10.

Attachment 1

04/25/2023 Item No.10.

RESOLUTION NO. 11026
A RESOLUTION OF THE CITY COUNCIL AMENDING RULE 6, (APPEALS'O OF RESOLUTION NO. 9689 PERTAINING TO APPEAL HEARING PROTOCOL WHEREAS, the City Council adopted Resolution No. 9689 in20l5 to formalize meeting protocol and procedures for appeals and public hearings to encourage greater public participation; and
WHEREAS, one of the rules contained in Resolution No. 9689 is Rule 6, "Appeals", which prescribes the procedure for conducting appeal hearings; and WHEREAS, the City Council typically hears appeal to decisions made by City commissions such as the Planning Commission or the Historic District Commission pertaining to private development projects; and
WHEREAS, the current Rule 6 allows the appellant to address the City Council but does not provide for the project applicant to similarly address the City Council in the appeal hearing; and
WHEREAS, due process and fundamental fairness in conducting the appeal hearing requires both sides to the appeal (i.e., the appellant and the project applicant) be afforded equal opportunity to present their positions and arguments and address the City Council.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that Rule 6 of Resolution No. 9689 is hereby deleted and replaced with the following:

Rule 6. Appeals. Where the City Council is the hearing body on an appeal, the following procedure shall apply.

The sequence of the hearing on matters appealed to the City Council shall be as follows:
a. Open the Public Hearing;
b. Presentation by City Staff;
c. Presentation by the appellant. Time limit - 10 minutes (appellant may divide speaking time between various speakers, but cumulative total speaking time is 10 minutes); d. Presentation by the project applicant. Time limit - 10 minutes (project applicant may divide speaking time between various speakers, but cumulative total speaking time is l0 minutes);
e. Statements from the public. Time limit - 3 minutes per speaker; f. Closing remarks by the appellant. Time limit - 5 minutes; Resolution No. I1026
Page I of2

04/25/2023 Item No.10.
g. Closing remarks by the project applicant. Time limit - 5 minutes; h. City staff, appellant, and project applicant respond to questions from the City Council; i. Close Public Hearing;
j. City Council discussion;
k. City Council action on the matter or continue the matter to another date or time certain.

The sequence of and speaker's time during the hearing on matters appeals to the City Council may be adjusted by the Presiding Officer to preserve an orderly and efficient hearing on the matter.

PASSED AND ADOPTED this 25ft day of April,2023 by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Council Member(s):

Council Member(s):

Council Member(s):

Council Member(s):

Rosario Rodriguez, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
ResolutionNo. 11026
Page2 ofZ

04/25/2023 Item No.10.

Attachment 2

04/25/2023 Item No.10.

RESOLUTION NO. 9689

A BESOLUTION OF TIIE CITY COUNCIL OF THE CITY OF FOLSOM nmiegXc iO ciry COUNSIL MEETINGs, PROgJEDINGs' AND BUSINESS- WIIEREAS; the Citf Couticil conduots its meetings in public, consistent with staie lav'r 'and accoriting io'fllo-ng established agen{a progess;
WIIEREAS, the eouncil desires,to fonnalize ttre agende:prooeqs, and mgelgrgproJocol by, Resoltltinn *ia. to,,adOpf :formal pro.cedures for appeAls and.glublo lear].ngp to eneoruage ;ir;;fi;fi{|, B-rnj*ip-ttoi *a.tn piB*w infottation-to the public for the betterrnent of eitv operati,ons; gnd
,,.thgG..oune-il desircqtto, q$Jgbiish rulqgto govem its meetings artd decl'are its r,uleB, of prqqqdure to the'Public,
NO'W'THEREI'O,RE; BOIT BSSOw.ED that:the City Council of the'Cityr of Folsom does hereby
"st"btirtr
the following- ruIes fot the coniluct of its rneetings, proceedings, and busineps.

Rule'i, Prpsidin$Offiaer. The Maysr"sr in the absenceof theMayor,lhe Vice M-ayor shalt tafrc ihe,chairat the hour:set fot:the'rneeting:and shall call the Council io ordo, h:thgrAbSpgse, of,the:h4ayo; And ViCe.IVIayor, the C.ouneil maydesignate:asenior *.-Uur.nf**..Counttillo serve aS:teriipbrary Fre$iding, Officer.to, fasilitate:the c-orrduel' of thp ilegeiirtg Uporr tl1e: arri.val ofths, Mayof or;the'Yiog Mayor; the'temp-orary Fresidigg Offtoer shdl relhqutshtlie [[{i1,fi flp,:gono}usion of the-,businessitern'th.enbeforethe .Ru1e'2,, Ouorum.,-A.majo. r!1y of ths,Councii soastitutes a quorum br the'- transaction of'buliines$, but a iessdr ntimbecrnay adiOum from time tQ time, and nay O.ontlnUe-,anyhearhgsgl.leduled; lbrthe. apptoxilna.te time andplace of anymeeting adjourned for.lack,of a quorunr. If all Csuncilmembers are absent from anJ regula( m6sfigg; thqCry Glef&:sh4!!.deolare the,r-neeting adjourned to a stated day,,hour atld place.
.Rute,'i gUSinpSS Mottef"s. The business,of the Council, at its meetings, may inolude the,fqtlowing:nqjorcategories.and shalt bE organized into an agpnda to faoilitate theconslusion.of business within a reasonable period of time following piiblic inquUies and co g$nertts, sll sEid ile- mq.'
The agenda may consist of the following sections and be presented in this order, however, the Presiding Officer may in hiS or her discretion, reanange the order:

A. P,.lqdg:e,of Allegiancq to the Flag
B. RpI Call. The roll call shall be made by the City Clerk' Resolution No. 9689
Page I of5

04/25/2023 Item No.10.

C. Scheduled Piesentatiohs. Ihis category shall include sqch items as g.eremonial presgr.rtations, procl4qratio:ts, introductions, and informational presantations;
D, PlrsinBss,frorn tho,.Floor. Thiq itqm,rglates to matters within the jurisdiction of the City Couneil and for matters not on the regular agenda. No action is tqken on.bllsiness':fro.rg the flbor and limi$ed discussion of these,itenas shall oeCmr.

L 'flg,Berson wi:sf;ing to addressthe,Cor,rncil shall stand:to bereo-ognized by the Presiding Offiber and then pfoceed to the podium., The person a<tdressing tho Cosncil shall b9 reqrysted to complete a o*blue'cardt? arid state:hislher ii{inie lmd addfessrforthe fecprd,
2,, 'figr;,sp-edli91.sfuall bS fgqilest€d ts address the Counc.il fo-1 notturore 'than ttree,minubsr urless the Fresiding Offioel rules:otherwids'i .1, .nny, suehmattgf hoard'upder.this aatpgory'also- may bo:r,eferred to the City Manager for investigation and either of disposition orreport; No ractionor dis-oitssioa Ocouls on a Busihess from the Flooritgna,, however, requestS tb staff to follow up on an itern may be provided bf the City Courtcil.,
E .Consent Calendat. This agenda eategory shall include iterns that,are ponside,t'$d.to.bgrtoutine andministuial business:tuatt€rq only,' Sllchite:.ns may',includeq but,aie.notlimitedto; appiovd ofrninutes, awardof ,bids, alvard of,contr-ai:F, ailprO.Wli:of:r.e$qh$ionsi,sqcondreadingof,o-r.dinaneps, an$,othet generally non.contfoversial tnatters.

1. ,One,lroiion .duly !eoonded,'w!11 be qonsidered adpp-tion of.an ngt6$ listed under the consent calendar, unless a mernber ofthe Council or the Bublic.s;pecifieally requests aspecificitem be removed fromthe consent ealendar'vote.
2, Following the vote on the consenJ calendar; the business mafler(p) removed from the consent calendar shall be considered and disposed ofb,.ll.motion andvote of the Counail.

F. Public Hearings, This category shall include advertised publlo hearings, w"hich'qhall be commenced at thq time specified.foreach said hearing, or as soon thqeafrer'as is $asonably possible..

G. gjdBusinbss, rT'his carcgory,mey include, but is not limited to suoh,ifqns at status,reBorts, continued business rnatters, and other matters previously addresSed by the City Council.

H. New Business, This'category may include, but is not limited to such items as wiitten communicatiOns from the public or specific written request madq of the,Council, ordinances, and resolutions.

Resolution No, 9689

04/25/2023 Item No.10.
l. Citlr Mariage.r Reports. This agenda category shall contain reports from the City Man-ager,
J, Council Qgrnnentq. This agenda category is set aside as a specific opportqniry,fbreao-h of.the'Counc-ilmembers to address items of,informatisn for all, or.requesting:matters to be addressed by the City Manager or City staff 4embels rBgatdiRg items pf publicinterestor of significance:to the Cortneilmember, Cityr Councilirnembeis will alSq address any travel at the Fllb,lic e.Xpense as $quifod bY law;
11: AOjoUmmgnt, This item may inciude,adjournment ofa meeting'adjotimment {o a etrosed,S,esgion:regardiug.personnel; litigation, labo'r.p1ations, ot' :instruction5 to negotiators, or a{iournment to a specific future date artd tirrie, Rule,,4. ,Spe-al<ers Time and.spokqsoerson for a Group. Generally, a speaker on an itent i$ sf,forded tfuee (3-}lninutes for hi,slL er p:esentation; The FT esi:digg Officel rnay ad3ustaspeafterl,s tfuhe inrhisfter dispretion.based ort the itern presented,,lturuber,of sp€akels:mdothet faotors'optlsi$tent with:ar-r or-d.-erly and effigient,meeting, !$reneygr any gfoup ofpotsorrd lr,isheS'to addfess'the Csuncil on the same,subject rnatteri the P'residilrg.(Jfficetmay reqgest,tha,traspQksspersqn b,e choqe.n'by the gloup'to addts$s tlie' Counoit, and.in,case aAattional data or ar rit iS to bepresentd at the time b.y tmy o1he1'pembor ofis.ai4grogp,&limjtthenurnbgr ofpgrso-ng go,addresslng the-.Cou4oil.and tlre scoBeof their,rtxriaries:so asido aVoid,irnneeessary re.petitions,befo-re the GOUugJL Speafts:r* nray not- Uansfer q$y.,time rerneinrhg tg eqoi,her speaker' 'Ugmre tneCity, Council; howevo4 the Presiding Of'ficer may alter the order or procedw,e; depending.o.n,lhq;qqtureof .thepubllc.hearing;
Open the public hearing;
Staff ,Report;
Applicant] s, statement;
Staiements ftom the pgblio;
Close:the pubf ic hearing;
If deteiinined b.y the Piesiding Officer to be necessary, invito the apBli@nt' to,radldres.s questio,ns,,and/or issues raised during public hearing; City Cpuuoil. discus si on;
CiW Council agtion,on the matfer or eontinue the matter to another date or time .ceilain or :indefi nitely'
Rule 6,, Appeals. Wlrere the City Council is the hearing body on an appeal, the following piocedure shall apply.

The sequence ofthe hearing onmatters appealed to the City Council shall be as fo-llowsl a. Open the Public l{earing;
a,
b.
qi
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'€;
f.
{}bl
h.

Resolution No.9689

04/25/2023 Item No.10.

StaffRepor!
Appellant's:P,resenJation, Tlme lirnit -'1 0 minutes;
Stateme-nts fromthepublic. Time limit-.3 minutes per speaker; to the City Council. Time limit * 5 minuteq;
Council;questions from the City
heariirg;
City Co,ppci!. di .scl.ssion;
Gity Council actibnron the matter or'oondnue tlie matter to another daJe or time.certain
The:$equenoeof .and:speakerls time dudr,rg,thc'hearing on'mafteis:'appealedto;,th6 City Council may fs:a6lusted by the Fresiding Officer in order to preserve an orderly and ,effi eje-ril. hearing, on :ther matter:
,&f{eJ.,,,D*gqme+m m
@ Any docqme-rtts, ryritings- p:ctutq$, exhlbits op oth-er forms of tartgib-le Ex$ess"iroa should besubmlttqd.to thgCityrCotrnciliatthe earliest opportunity. Once sBtmittedio the Gity Gouncili submitted.inateriats shali becorne the:propefty-of'me iity and part of the:public rebond.
system and relates'to'the
subject of the matter. TheCity fq4y dete.rmine'tliat:Sonle ,inftinnation is not:Safe fOii'ttre ,Cl!y'.s syste-m;and,therefore, hot'per.$Iit.AsoesS. The,person,rbquesting submittal rnay then pleSenf flre infor,niatibn in Xlapenpop../;
-glg&-D9ge$e' Thg, Pfesi0ing Offi crcr.s1rall preserve decorumr before the, City . .i
uouncu.
.A, By Counoil"r W.hileth.e Co,t;pcilis in.,spssion,,the members shall preserve order and decbrwn consiStent fithits adJpted Ettrics Policy.

B, By Other.Persons, The Ptesiding OIf cer may lake appropriate action'to prevent astions: that pose a,salbty'haeafd to attendees-,:including.limiting,items; that'rnay be-'brorrght into'the Cr-o, Counpil Chambers.

C. DisQiderlv Conduet. The Presidihg Officer Shall have the authority to pres.erve- orderat all meetings ofthe Crty, Council, to request the City Manager. to direct appropriate stafftemove or carise the removal of any person ftom any meeling of:the C-outtcil for coqdgc-t as hereinabove, to enforce the rules of the Council, and to restore order at the City Council meeting.

Resolution No.9689

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04/25/2023 Item No.10.

Rule 9. Cpuncil Voting, Ajl votqs taken by the City Council shall be taken as sdt outherein;
A, g.engtal. A roll Ball vote shall be taken on the adoption of,all items before the City Council, the results of,which shdll be dntered in the miflutes of the' ptocesdin gs of, thg' Counoil.

B, Nar.nb,Rot"atiQn. fiie,Coun'bil may ditect the City Clerk to rotate the o,rd.er of Council t-r6rngs:€act meetiqg,sq.that the position,of eaoh member of the .Couneil, otherthan the. Malror, Shall vary each meeting. The Mayorshpll vote, la*t,in dl vo.tesl
c. TievotEl 'In casd:of a:tie vote on tuly motio& thp motion shall be consideled Iost,
Rulql0,, Rules:Bf0dpr' * ptovlleO in Folqom M-u{cina],!o{e siolol ,2,06,07.0(Q) the eouneil,shall'be.goVemed by the.rcurfenfeditiOn of'Robert?s,Rules of OrdEri';
Fqletil,,l. eg$fliltS . i*h0thei $iat$es or,Oidibsnoes; In the everrt'of a conflicf with. state stratutes,;gov€ gthb.&!,y of Solsonn or,ordinancds itdopted b}. thelCity Couric-ii, stich staiuies:and:ordtnances, shall be conFoUing ovqrthe'Rulgs in'this ,Rgsolgtisn.

Any prior Resolutions relating to procbdures:and protocols goveming meetings of the Crfy,Ctrr111cil aro he-rcb,y ,repealed .andall otlrcr:,Resohrtio4$,iirconsistent hererryith are hereby sgperseded.

PLASSED AN.D ADOnTED on'tliis' 8s day'o.f December 20.15, by the followingroll'oall Votel
AY,FST
NOES:

ABS$NTr
ASSTAIN:

AT"IEST:

Resolution No. 9689

Saunders,
eounoil Memtq,er(sll Starskyr. Howell, ivliklos, Sheldon, Morin CorincilMember(s): None
Co.undjl }4eribpt(q): I\tro.ne
CouncilMember(s)r None
Ez*
antG#r Morin, MA/6R
CLERK

04/25/2023 Item No.10.

FOI-S()M
Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Approve Resolution No. 1 1027- A Resolution Accepting Four Green Means Go Grant Awards to Further Housing Program Goals and Appropription of Funds.

BACKGROUND / ISSUE
The Sacramento Area Council of Governments (SACOG) 2022 Green Means Go grant program is designed to fund non-transportation infrastructure and planning that accelerates infill housing within locally adopted Green Zones (shown below) and supports housing affordability. Eligible project sponsors (i.e., lead applicants) are the 22 cities and six counties within the SACOG region. Partnerships between lead agencies and other public agencies, nonprofits, or cornmunity groups are highly encouraged. For the 2022 trnding round, the grant program included three competitive grant categories associated with this funding as described in this section: Early Activation, Planning, and Capital.

MEETING DATE: 4t2512023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11027 - A Resolution Accepting Four Green Means Go Grant Awards to Further Housing Program Goals and Appropriation of Funds
FROM: Community Development Department

04/25/2023 Item No.11.

Folsom Green Means Go Areas
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Early Activation Category
On September 13, 2022, City Council approved Resolution No. 10916 authorizing a grant application for the Early Activation category for on-site infrastructure and planning activities associated with the Habitat for Humanity of Greater Sacramento (Habitat) development of ten for-sale affordable housing units at 300 Persifer Street. As part of the grant request, the City (in partnership with Habitat) requested $730,000 in funding for eligible non-transportation infristructure costs, planning design costs, and a storm drain/hydraulic analysis. In November of 2022, SACOG announced a partial award of $374,000 for non-transportation infrastructure costs associated with the 300 Persifer Street project. Since the storm/drain hydraulic analysis portion of the grant application was not funded by SACOG under the Early Activation grant, itufft"-applied for funding for the storm/drain hydraulic analysis for the Persifer Street project under the Planning category.
2

04/25/2023 Item No.11.

Planning and Capital Categories
On October 25,2022,the City Council approved Resolution No. 10937 authorizing additional Green Means Go grant applications under the Planning and Capital categories. Under the Planning category, the Council authorized a grant application to offset the cost associated with development of targeted Multi-Family and Mixed-Use Objective Design and Development Standards to supplement the City's Zoning Code Update'
Under the Capital category, the Council authorized a grant application for replacement of the existing storm drain system along Bidwell Street between Wool Street and Decatur Street.

Applications were completed for these additional projects and the City was successful in t...iuing full funding awards for these projects. The table below summarizes each of the City's Gieen Means Go Grant Applications that were submitted to SACOG and includes the amount requested and the amount awarded.

As shown above, the City was successful in receiving one partial grant award under the Early Activation category and will receive three full grant awards under the Planning and Capital categories, subject to HCD approving SACOG's Green Means Go program. The total amount of the awards for all four grants is $982,000. For the Early Activation Grant, all funds must be fu1ly expended by October 2024. The Planning and Capital Grants must be fully spent by Jvne2026. A resolution (refer to Attachment 1) has been prepared to accept each of the grant awards and appropriate the funds.

POLICY / RULE
The City Council Adopted Resolution No. 7332 - Financial Policies of the City of Folsom on May 25, 2004. Section D - Intergovernmental Revenues, Paragraph C - Grant Project Resolutions states, "All grants received from the Federal or State government for operating or capital pulposes shall be recognized in separate grant project resolutions. A balanced grant project resolution must be adopted prior to beginning the project." J
Green Means Go Grant Summary
Grant Project Description Grant
Request
Grant
Award
Grant #1
Early Activation
3 00 Persifer Street Non-Transportation
Infrastructure $730,000 $374,000
Graft #2
Planning
Natoma St/Persifer St Alley Storm Drain
Hydraulic Analysis- $40,000 $40,000
Grant #3
Planning
Multi-Family and Mixed-Use Objective
Design and Development Standards $243,000 $243,000
Grarrt#4
Capital Bidwell Street Storm Drain Replacement $325,000 $325,000 Total Grant Awards $982,000

04/25/2023 Item No.11.

ANALYSIS
The four Green Means Go grant projects awarded to the City by SACOG will advance the City's Housing Element goal of facilitating affordable housing opportunities, Each of these grant projects is summarized below.

Grant #1 SACOG Green Means Go - Earlv Activation (Cateeory A) - On December 14,2021and in compliance with the State's Surplus Land Act, the City Council approved the sale of surplus land located at 300 Persifer Street to Habitat for the pulpose of developing affordable housing. Part of the property sale negotiations included City support of efforts to assist Habitat in securing future grant funding and/or fee reductions for infrastructure improvements, design, and permitting associated with the project' The Early Activation category is designed to fund either planning or infrastructure activities that accelerate infill residential development in the near term. Project scopes submitted to the Early Activation category must be for specific non-transportation (defined as water, wastewater, stormwater, electricity/dry utilities, andlor broadband) infrastructure components and can include site-specific activities. Under this grant category, the City submitted a grant application to SACOG requesting $730,000 in eligible costs (non-transportation infrastructure costs, planning design costs, storm drainlhydraulic study costs, and planning design costs) to assist with development of ten for-sale affordable housing units at 300 Persifer Street. As previously indicated in the background section of this report, the project received a partial award of $374,000 to assist with non-transportation infrastructure costs associated with the project. Acceptance of this partial grant award helped Habitat secure a portion of the gap financing necessary to fund the project. Furthermore, financial support of affordable housing projects is consistent with the Crty's Housing Element Goal of facilitating affordable housing.

Grants #2 and #3 COG Green Means Go Grant - (Catesorv R) - The Planning category is designed to fund planning activities that accelerate infill residential development.

Some of the eligible uses include rezoning and updating planning documents and zoning ordinances that accelerate infill development in Green Zones. As previously indicated in the background section, two grant applications were submified and awarded under the Planning category: Natoma St/Persifer St Alley Storm Drain Hydraulic Analysis andthe Targeted Multi- Family and Mixed-Use Obiective Design and Development Standards.

Natoma St/Persifer St Allev Storm Drain H:tdraulic Analltsis - The storm drain in the Natoma St/Persifer St alley, which is adjacent to the Habitat Persifer Project site, is not to current standards and results in a conflict with standard sewer ties-ins for the project. Acceptance of the $40,000 Planning grant provides necessary funding for a hydraulic analysis and evaluation of the existing storm drain system to identifr any necessary improvements to resolve potential sewer tie-in issues for the project, bring the storm drain system up to current standards, and will benefit the future development of an additional l0 affordable for-sale housing units in the City's Historic District.
4

04/25/2023 Item No.11.

Multi-Famib) and Mixed-Use Objective Design and Development Standards - Recently adopted Senate Bill 330 (2019) and Senate Bill 8 (2021) require that jurisdictions conduct design review for all residential projects, especially for multi-family development, using objective design standards. Along with the City's current Zoning Code Update effort and as part of the implementation of the Targeted Multi-family and Mixed-Use Housing Study, staff is analyzing the potential to increase residential capacity and maximum densities in key areas of Folsom (along the East Bidwell Corridor, areas around the Glenn and Iron Point light rail stations, and in the Folsom Plan Area). To ensure high quality design for new residential development, the City plans to develop form-based objective design and development standards that will result in attractive and appropriate development in these areas. To this end, on October 25, 2022, the City Council approved Resolution 10936 authorizing the City Manager to execute a Professional Services Agreement with Opticos for the development of the objective design and development standards. Acceptance of the fully awarded $243,000 Planning grant provides necessary funding to support the Zoning Code Update effort and fulfitls Housing Element Program H-8 (Objective Design Standards for Multifamily Housing).

Grant #4 SACOG Green Means Go Grant - Capital (Category C) - The largest category, Capital, of the Green Means Go funding program will fund non-transportation infrastructure that accelerates residential infill development. Replacement of the existing storm drain system along Bidwell Street between Wool Street and Decatur Street is an eligible Capital grant project. The existing storm drain system along Bidwell Street is failing and is no longer able to adequately convey runoff. Acceptance of the $325,000 fully funded Capital grant award provides funding for the replacement of approximately 500 linear feet of the l8-inch storm drain line, the re-grading of the roadside ditch, and the addition of asphalt or rip rap to minimize any future potential erosion. Given infill opportunities for residential development along this section of the Bidwell Street corridor, replacing the existing drainage system will aid future infi ll residential development.

Each of the four grant funded projects assist with City efforts to further the City's goal of facilitating effirts for additional opportunities for multi-family infill housing and ensure the City maintains an adequate capacity to meet the lower-income RHNA.

FINANCIAL IMPACT
The Green Means Go Grants Program award total is $982,000. None of the four grant applications require a financial match. The Early Activation grant award for 300 Persifer Street non-transportation infrastructure must be fully expended by October 2024. The remaining Planning and Capital grant funds are required to be fully obligated by June of 2024 and expended by June, 2026.

Professional services supporting each of the four projects would be funded initially through the General Plan Fund and reimbursed by the Green Means Go Grants Program funds in accordance with the reimbursement schedules.
5

04/25/2023 Item No.11.

Under Resolution No. 10936, an appropriation to the General Plan Fund (Fund 225) in an amount of up to $250,000 was previously authorized for the Targeted Multi-Family and Mixed-Use Objective Design and Development Standards project. The remaining three grant awards require additional appropriations. For the two drainage related projects (Bidwell Street Storm Drain Replacement and Natoma St/Persifer St Alley Storm Drain Hydraulic Analysis) an appropriation to the Drainage Improvement Fund (Fund 448) in an amount up to $365,000 is required. For the 300 Persifer Street Non-Transportation Infrastructure project an appropriation to the General Fund in Community Development (Fund 01) in an amount up to $374,000 is required.

ENVIRONMENTAL REVIEW
Grant acceptance is not considered a project under the California Environment Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(bX3). As a result, these actions are exempt from environmental review.

ATTACHMENT
Attachment I - Resolution No. 11027 - A Resolution Accepting Four Green Means Go Grant Awards to Further Housing Program Goals and Appropriation of Funds.

Submitted,
Pam Johns,
Community Development Director
6

04/25/2023 Item No.11.

ATTACHMENT 1
RESOLUTION NO. tLO27 - A RESOLUTION ACCEPTING FOUR GREEN MEANS GO

GRANT AWARDS TO FURTHER HOUSING PROGRAM GOALS AND APPROPRIATION

OF FUNDS

04/25/2023 Item No.11.

RESOLUTION NO. 11027

A RESOLUTION ACCEPTING FOUR GREEN MEANS GO GRANT AWARDS TO

FURTHER HOUSING PROGRAM GOALS AND APPROPRIATION OF'FUNDS WHEREAS, the Sacramento Area Council of Governments (SACOG) 2022GreenMeans Go grant program is designed to fund non-transportation infrastructure and planning that accelerates infill housing within locally adopted Green Zones and supports housing affordability; and
WHEREAS, eligible project sponsors (i.e., lead applicants) are the 22 cities and six counties within the SACOG region; and
WHEREAS, for the 2022 funding round, the grant program included three competitive grant categories associated with this funding: Early Activation, Planning, and Capital; and WHEREAS, on September 13, 2022, City Council approved Resolution No. 10916 authorizing an application for the Early Activation grant category for on-site infrastructure and planning activities associated with the Habitat for Humanity of Greater Sacramento (Habitat) development of ten for-sale affordable housing units at 300 Persifer Street; and WHEREAS, on October 25, 2022, the City Council approved Resolution No. 10937 authorizing additional Green Means Go grant applications under the Planning and Capital categories; and
WHEREAS, the total requested in Green Means Go grants was $1,338,000 for the following projects:

1. 300 Persifer Street Non-Transportation Infrastructure (Early Activation $730,000)

2. Natoma St/Persifer St Alley Storm Drain Hydraulic Analysis (Planning $40,000)

3. Multi-Family and Mixed-Use Objective Design and Development Standards (Planning $243,000)

4. Bidwell Street Storm Drain Replacement (Capital $325,000) WHEREAS' the City received a partial award for the Early Activation grant ($374,000) and full award for the remaining three Planning and Capital Green Means Go grants requested ($608,000) for qualiffing projects in the total combined amount of $982,000, with no City match required; and
WHEREAS, under Resolution No. 10936, an appropriation to the General Plan Fund (Fund 225) in an amount of up to $250,000 was previously authorized for the Multi-Family and Mixed-Use Objective Design and Development Standards project; and Resolution No. 11027
Page I of2 Page 92
04/25/2023 Item No.11.

WHEREAS, the two drainage related projects (Bidwell Street Storm Drain Replacement and Natoma St/Persifer St Alley Storm Drain Hydraulic Analysis) require an appropriation to the Drainage Improvement Fund (Fund 448) inan amount up to $365,000; and WHEREAS, the 300 Persifer Street Non-Transportation Infrastructure project requires an appropriation to the General Fund in Community Development (Fund 010.2300) in an amount up to $374,000; and
WHEREAS, grant acceptance is not considered a project under the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby:

1. Approves the acceptance of four grant awards from the SACOG Green Means Go Grant Program in the total amount of $982,000;

2. Appoints the Community Development Director, as agent of the City of Folsom to conduct all negotiations, execute and submit all documents, including, but not limited to applications, agreements, amendments, payment requests, which may be necessary for the completion of the aforementioned projects;

3. Authorizes the Chief Financial Officer to increase revenue estimates and expenditure appropriations by $365,000 to the Drainage Improvement Fund (Fund 448); and

4. Authorizes the Chief Financial Officer to increase revenue estimates and expenditure appropriations by $374,000 to the General Fund in Community Development (Fund 010) PASSED AND ADOPTED this 25tr day of April2023,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Rosario Rodriguez, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
ResolutionNo. 11027
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04/25/2023 Item No.11.

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CITY OF
FOLSON{

04/25/2023 Item No.11.

Folsom City Council
Staff Re ort
MEETING DATE: 4t2s12023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11028 - A Resolution Authorizing the City Manager to Execute an Agreement with Mozingo Construction, Inc. for the Construction of the Folsom Boulevard 27-InchTrunk Sewer
FROM: Environmental and Water Resources Department

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Departments reconmends that the City Council pass and adopt Resolution No. 11028 - A Resolution Authorizing the City Manager to Execute an Agreement with Mozingo Construction, Inc. for the Construction of the Folsom Boulevard 27- Inch Trunk Sewer Project (SECAP).

BACKGROUND / ISSUE
The Environmental and Water Resources (EWR) Department identifies sewer infrastructure rehabilitation and replacement projects through sewer master plans and ongoing sewer condition assessment programs. As part of the City's Sewer System Management Plan for its wastewater collection system, the EWR Department performs ongoing condition assessments on the wastewater system and corrects any defects/deficiencies identified through this process' Through these efforts, City staff identified the Folsom Boulevard Z7-inchTrunk Sewer Project as needing improvements.

This project involves the construction and operation of a parallel 21-inch sewsr line adjacent to the City's existing 27-inch Folsom Boulevard Trunk Sewer. The existing sewer line has potential near-term capacity concerns due to rain derived inflow and infiltration conditions, and in the long-term, requires additional capacity to provide General Plan and ultimate build- out growth capacity. The purpose of the parallel 2l-inch gravity sewer line is to provide wet weather fl ow capacity/redundancy.
1

04/25/2023 Item No.12.

This resolution authorizes the City Manager to execute an agreement with Mozingo Construction, Inc. for the construction of the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) in the amount of $4,918,900, and the budget for this agreement to include a l0%o contingency in the amount of $491,890.

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 $70,952 or greater shall be awarded by the City Council.

ANALYSIS
The City completed plans and specifications for the Folsom Boulevard 27-Inch Trunk Sewer project jSECAf; and publicly idvertised for bids in the February 28th,2023 edition of the Sacramento Bee. In addition, the City provided these documents to www.ciplist.com which is picked up by several area builders' exchanges'
Bids were submitted by ARB, Inc., Mozingo Construction, Inc., Mountain Cascade, Inc., and McGuire and Hester on March 28th,2023. At the time of bid opening, ARB, Inc. was the apparent low bidder. On March 29th,2023,ARB,Inc. notified city staff of a material mistake in their bid and requested in writing relief of their bid in accordance with the city's general provisions and public contract code. Therefore, ARB Inc.'s bid was withdrawn from consideration for the Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP).

The EWR Department received the following bids on March 28th,2023,for construction of the Folsom Boulevard 27-lnchTrunk Sewer Project (SECAP):

Contractor Bid Anount
ARB,Inc. $3,7 99,400 (withdrawn)
Mozingo Construction, Inc. $4,918,900
Mountain Cascade,Inc. $6,165,390
McGuire and Hester $6.r90,76s
Staff has reviewed the bids submitted and has determined that Mozingo Construction, Inc. is the lowest responsible and responsive bidder who meets the requirements and specifications set forth in the invitation for bids.

FINANCIAL IMPACT
The EWR Department recommends that the contract be awarded to the lowest responsible, responsive bidder, Mozingo Construction, Inc. for $4,918,900 with the project budgeted for thii agreement in the amount of $5,410,790 which will include a l0o/o contingency in the amount of $491,890.
2 Page 96
04/25/2023 Item No.12.

Approximate project costs to date include design, construction administration services, and construction management and inspection services, and total approximately $1,399,382. The Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP) is included in the Capital ImprovementPlanwithaFiscal Year2022-23 projectbudget of $7,471,945. Suffrcientfunds are budgeted and available in the Sewer Operating (Fund 530) and the Sewer Capital Fund (Fund 531) in Fiscal Year 2022-23.

ENVIRONMENTAL REVIEW
The Folsom Boulevard 2/-lnchTrunk Sewer Project (SECAP) was designed to avoid direct and indirect impacts to the environment. Pursuant to California Environmental Quality Act (CEQA) Guide^lines Section 15303 (d), the proposed project consists of construction and instaliation of a sewer line of reasonable length to serve the needs of the City of Folsom. pursuant to CEQA Guidelines Section 15301 (b), the project will accommodate current flow conditions and piovide redundancy to the existing sewer system in the City of Folsom' Each segment of the proposed project was designed and will be constructed to avoid environmentally sensitive at.as. The project design placed the pipeline mainly within roadways and as far away as possible from environmentally sensitive areas. The proposed new pipeline will be located on th. same site as the existing public utilities pipeline. The overall design of the project has no significant impacts to the environment and will be exempt from CEQA review.

ATTACHMENT
Resolution No. 11028 - A Resolution Authorizing the City Manager to Execute an Agteement with Mozingo Construction, Inc. for the Construction of the Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP)
Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 97
04/25/2023 Item No.12.

RESOLUTION NO. 11028

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOZTNGO CONSTRUCTION' INC. FOR THE
CONSTRUCTION OF THE FOLSOM BOULEVARD 27.INCH TRUNK
sEwER PROJECT (SECAP)
WHEREAS, the City is currently implementing its Sanitary Sewer System Management Plan which consists of condition assessment, as well as operation and system improvements; and WHEREAS, the City is continuing to update its System Evaluation and Capacity Assurance Plan to identiff recommended system capacity improvements; and WHEREAS, the City has identified this project to help proactively ensure that future General Plan and build out sewer flow conditions are accounted for in the ultimate operation of the sanitary sewer collection system; and
WHEREAS, the project is categorically exempt from environmental review under the California Environmental Quality Act; and
WHEREAS, plans and specifications were prepared for this work and publicly advertised for bids on February 28,2023; and
WHEREAS, Mozingo Construction, Inc. was the lowest responsible and responsive bidder, with an amount of $4,918,900; and
WHEREAS, this project is included in the FY 2022-23 Capital Improvement Plan with a project budget of $7,47I,945; 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 Mozingo Construction, Inc. for the Construction of the Folsom Boulevard Z7-lnchTrunk Sewer Project (SECAP) for a not-to-exceed amount of $4,9 I 8,900 with the budgeted amount to include a l}oh contingency of $491 ,890 for a total of $5,410,790.

PASSED AND ADOPTED this 25ft day of April2023,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Resolution No. 11029
Page I of2
Rosario Rodriguez, MAYOR

04/25/2023 Item No.12.

ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11029
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04/25/2023 Item No.12.

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CITY OF
FOLSOl\{
DIg'INCTIVE BY NATURE

04/25/2023 Item No.12.

Folsom City Council
Staff ort
MEETING DATE: 412s12023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11029 - A Resolution Authorizing the City Manager to Execute an Agreement with Psomas for Construction Management and Inspection Services for the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP)
FROM: Environmental and Water Resources Department

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recommends the City Council pass and adopt Resolution No. 11029 - A Resolution Authorizing the City Manager to Execute an Agreement with Psomas for Construction Management and Inspection Services for the Folsom Boulevard 27-InchTrunk Sewer Project (SECAP).

BACKGROUND / ISSUE
The Environmental and Water Resources (EWR) Department identifies sewer infrastructure rehabilitation and replacement projects through sewer master plans and ongoing sewer condition assessment programs. As a condition of the City's State permit for its wastewater collection system, the EWR Department is required to perform ongoing condition assessments on the wastewater system and correct any defects/dehciencies identified through this process. Through these efforts, City staff identified the Folsom Boulevard 27-InchTrunk Sewer Project (SECAP) as needing improvement.

This project involves the construction and operation of a parallel 2l-inch sewer line adjacent to the City's existing 27-inchFolsom Boulevard Trunk Sewer. The existing sewer line has potential near-term capacity concems due to rain derived inflow and infiltration conditions, and in the long- term, requires additional capacity to provide General Plan and ultimate build-out growth capacity.

The purpose of the parallel 2l-inch gravity sewer line is to provide wet weather flow capacityhedundancy.
1

04/25/2023 Item No.13.

This resolution will authorize the City Manager to execute an agreement with Psomas for Construction Management and Inspection Services for the Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP) in the amount of $403,145, and the budget for this agreement to include a l}Yo contingency in the amount of $40,34.50 for a total not-to-exceed amount of $443,459.50.

POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code. supplies, equipment, services, and construction with a value of $70,952 or greater shall be awarded by Ctty Council.

ANALYSIS
In October 2018, the EWR Department completed a pre-qualification process for consultants for design and construction administration services for water and wastewater projects. The consulting firms Hydroscience Engineers, Psomas, and West Yost & Associates, Inc. were among a group of firms selected to provide these services for this type of project through this previously completed pre-qualification process.

On February 24th,2023, the City requested proposals from consultants to provide construction management services consisting of full-time, on-site inspection, project schedule tracking, review and/or coordination of project submifials, coordination with the other on-going City construction projects, labor compliance review, customer coordination, materials testing, and overall owner representation throughout construction of the Folsom Boulevard 2l-lnch Trunk Sewer Project. On March 23'd, 2023, EWR received proposals from Psomas and West Yost & Associates, Inc.

HydroScience informed the City that they would pass on the Folsom Boulevard Construction Management and Inspection Project due to their current workload and resource constraints.

The two other proposals were evaluated by three EWR staff members for technical evaluation prior to reviewing project costs. The proposals were reviewed and scored for project understanding, project team staffing, and recent relevant experience. The technical evaluations were scored as shown in Table 1.

Consultant EWR 1 EWR 2 EWR 3 Total Averase
Psomas 62.0 63.0 73.0 198.0 66.0
West Yost & Associates 58.0 58.0 71.0 187 62.3
HydroScience Engineers N/A N/A N/A N/A NiA
Table I: Consultant Technical Scores without Costs
After reviewing each proposal for project understanding, project team staffing, and recent relevant project experience, the proposals were reviewed for project costs. The fee schedules for the scope of work outlined in the request for proposal from each consultant are shown in Table 2. 2

04/25/2023 Item No.13.

Consultant Fee Amount
Psomas $403,145
West Yost & Associates $519,382
HvdroScience Engineers N/A
Table 2: Consultant Project Costs
Psomas was determined to provide the best value to the City based on the fee amount, past municipal project experience involving work of similar scope and complexity including staff coordination and technical knowledge and expertise for these types of projects. Psomas included a detailed and thorough project understanding as well as past relevant construction project experience. Table 3 shows the overall total scores including project costs based on a maximum score of 100.

Consultant Technical
Score (Ave.)
Cost Score Total Score
Psomas 66.0 25.0 91.0
West Yost & Associates 62.3 19.4 8r.7
HydroScience Engineers N/A N/A N/A
Table 3: Consultant Overall Scoring Including Project Costs This resolution will authorize the City Manager to execute an agreement with Psomas for Construction Management & Inspection services during construction for the Folsom Boulevard 27-InchTrunk Sewer Project (SECAP) in the amount of $403,145. Staff is requesting the budget for the project and this agreement to include a I0%o contingency in the amount of $40,314 for a total not-to-exceed amount of $443,459.

FISCAL IMPACT
The Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) is.included in the Capital Improvement Plan with a Fiscal Year 2022-23 project budget of $7,471,945. Suffrcient funds are budgeted and available in the Sewer Operating (Fund 530) and the Sewer Capital Fund (Fund 531) in Fiscal Year 2022-23 and the EWR Department recommends that the contract be awarded to Psomas in the amount of $403,145, and the budget for this agreement to include allYo contingency in the amount of $40,3 l4for a total not-to-exceed amount of $443 ,459 .

ENVIRONMENTAL REVIEW
The Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP) was designed to avoid direct and indirect impacts to the environment. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15303 (d), the proposed project consists of construction and installation of a sewer line of reasonable length to serve the needs of the City of Folsom. Pursuant to CEQA Guidelines Section 15301 (b), the project will accommodate current flow conditions and provide redundancy to the existing sewer system in the City of Folsom. Each segment of the proposed project was designed and will be constructed to avoid environmentally sensitive areas. The project J

04/25/2023 Item No.13.
design placed the pipeline mainly within roadways and as far away as possible from environmentally sensitive areas. The proposed new pipeline will be located on the same site as the existing public utilities pipeline. The overall design of the project has no significant impacts to the environment and will be exempt from CEQA review.

ATTACHMENT
Resolution No. I 1029 - A Resolution Authorizing the City Manager to Execute an Agreement with Psomas for Construction Management & Inspection services during construction for the Folsom Boulevard 27-Inch Trunk Sewer Project (SECAP)
Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
4

04/25/2023 Item No.13.

RESOLUTION NO. IIO29

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT

WITH PSOMAS FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE 27-INCH TRUNK SEWER PROJECT (SECAP)
WHEREAS, the City is cunently implementing its Sanitary Sewer System Management Plan which consists of condition assessment, as well as operation and system improvements; and WHEREAS, the City is continuing to update its System Evaluation and Capacity Assurance Plan to identifu recommended system capacity improvements; and WHEREAS, the City has identified this project to help proactively ensure that future General Plan and build out sewer flow conditions are accounted for in the ultimate operation of the sanitary sewer collection system; and
WHEREAS, the project is categorically exempt from environmental review under the California Environmental Quality Act; and
WHEREAS' PSOMAS by reason of their past experience and abilities for performing these types of services, are qualified to perform the required construction management and inspection services for the project; and
WHEREAS, suffrcient funds are budgeted and available in the Sewer Operating Fund (Fund 530) and the Sewer Capital Fund (Fund 531) in the amount of $403,145; and WHEREAS, staff is requesting a contingency of l0o/o be added for unforeseen conditions during construction and the contingency amount would be $40,314; and WHEREAS' the agreement will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLYED that the City Council of the City of Folsom authorizes the City Manager to execute an agreement with PSOMAS for Construction Management and Inspection Services for the Folsom Boulevard 27-lnch Trunk Sewer Project (SECAP) for a not-to- exceed amount of $403,145 with the budgeted amount to include a l0o/o contingency of $40,314, for a total of $443,459;and
PASSED AND ADOPTED this 25ft day of April2023,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11029
Page I of I
Rosario Rodriguez, MAYOR

04/25/2023 Item No.13.

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FOLSOl\[

CITY OF

DISTINCTIVE BY XATURE

04/25/2023 Item No.13.
.:!!i iirt
Folsom City Council
Staff Re ort

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11030 - A Resolution Adopting a List of Projects for Fiscal Year 2023-24 tobe Funded by Senate 8il1 1: The Road Repair and Accountability Act.

BACKGROT IND / ISSI]8,
On April 28, 2017, California Governor Brown signed into law Senate Bill 1 (SB-l) which establishes the Road Maintenance and Rehabilitation Account (RMRA) to address deferred maintenance on the state highway and local street and road systems. The Bill states that funds shall be used for projects that include, but are not limited to, the following:
r Road maintenance and rehabilitation
o Safety projects
. Railroad grade separations
o Complete street components, including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects o Traffic control devices
o Match for state/federal funds for eligible projects
The City of Folsom is estimated to receive approximately $2.09 million of RMRA funds for Fiscal Year 2023-24.
1 MEETING DATE: 412s12023
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11030 - A Resolution Adopting a List of Projects for Fiscal Year 2023-24 to be Funded by Senate Bill 1 : The Road Repair and Accountability Act
FROM: Public Works Department

04/25/2023 Item No.14.

The Fiscal Year 2022-23 SB-l funds will be utilized for the On-Call Concrete and Asphalt Repair Project FY22-23 and the Pavement Resurfacing Project Fiscal Year 2022-23 which includes Blue Ravine Road between Prairie City Road and East Bidwell Street. The City of Folsom currently has an overall Pavement Condition Index (PCD value of 70, which is described as "Good" according to StreetSaver, the software program that is utilized by the Public Works Department to manage the City's Pavement Management Program. Future projections show that at the pre-SB-l funding level, this PCI value would degrade to 42 (Poor) by year 2037, and the value 32 (Yery Poor) by the year 2045. Due to this rapid, yet expected, degradation of the pavement system, this SB-1 funding source is valuable in helping to maintain the City of Folsom's overall pavement network. Natoma Street Drainage Project (Phase 3) and Willow Creek Estates Storm Drain Lining are required to maintain the roads above the drainage systems due to the degradation of each drainage facility.

In order to receive SB-1 funds, local agencies are required by the California Transportation Commission (CTC) to annually submit a list of projects that may be constructed and funded with RMRA funds, and the list must be part of an approved Resolution. The list of projects allows the City to scope the Capital Improvements to meet the available funding.

The Public Works Capital Improvement Projects identified to utilize SB-1 funding are as follows:

POLICY / RULE
The California Transportation Commission (CTC) requires any agency that will receive funding from SB-1 to submit a list of projects that is part of an adopted Resolution.

ANALYSIS
Staff has reviewed the most recent SB-l reporting and spending requirements and found them to be reasonable and realistic to achieve.
2 Project Project
Completion
Estimated Useful Life
Pavement ect FY 23-24 Jurre2024 25 year life
o Blue Ravine Road (East Bidwell Street to Oak Avenue Parkway) o Willow Creek Estates East
o Briggs Ranch
o Rancho Diablo
On-Call Concrete & Asphalt Repair FY23-24 June2024 50 life Natoma Street Drainage Proiect (Phase 3) June2024 50 year life Willow Creek Estates Storm Drain Lining
Phase 3)
Jwe 2024 50 year life

04/25/2023 Item No.14.

FINANCIAL IMPACT
RMRA revenue for Fiscal Year2023-24 is estimated to be $2.09 million. Adopting this list of eligible projects authorizes staff to use the Fiscal Year 2023-24 funding for the projects on the list.

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

Resolution No. 11030- A Resolution Adopting a List of Projects for Fiscal Year 2023-24 tobe Funded by Senate Bill 1: The Road Repair and Accountability Act Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J Page 109
04/25/2023 Item No.14.

RESOLUTION NO. 11030
A RESOLUTION ADOPTING A LIST OF PROJECTS F'OR F'ISCAL YEAR 2023.24T0 BE FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Acl of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by California Governor Brown in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure that Folsom residents are aware of the projects proposed for funding in their community and which projects have been completed each Fiscal Year; and
WHEREAS, the City must pass a resolution adopting a list of eligible projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the list of projects will include projects that may not be completed in the fiscal year allotted due to available funding; and
WHEREAS, the City will receive an estimated $2.09 million in RMRA funding from SB 1 in Fiscal Year 2023-24; and
WHEREAS, this is the seventh year in which the City is receiving SB I firnding that will enable the City to continue essential pavement resurfacing and drainage projects that would not have otherwise been possible without SB 1; and
WHEREAS, the City used a combination of the Pavement Management System and known priorities to develop the SB I project list to ensure revenues are being used on the most high-priority and cost-effective pavement resurfacing projects that also meet Folsom's priorities for transportation investment; and
WHEREAS, the SB 1 project list and overall investment in Folsom's local streets and roads infrastructure
- with a focus on basic maintenance and safety, investing in the complete streets infrastructure, and using cutting edge technology, materials and practic will have significant positive co-benefits citywide :

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 approves this Resolution adopting the below list of projects to be funded in FY 2023-24 by Senate Bill 1: The Road Repair and Accountability Act.

Resolution No. 11030
Page I of2 Page 110
04/25/2023 Item No.14.

Project Project
Completion
Estimated Useful Life
Pavement Resurfacins Proiect FY 23-24 Jvrrc2024 25 year life o Blue Ravine Road (East Bidwell Street to Oak Avenue Parkway) o Willow Creek Estates East
o Briggs Ranch
o Rancho Diablo
On-Call Concrete & Asphalt Repair FY23-24 I:urlre 2024 50 vear life Natoma Street Drainage Proiect (Phase 3) June2024 50 year life Willow Creek Estates Storm Drain Lining
Phase 3)
June2024 50 year life
AYES:

NOES:

ABSENT:

ABSTAIN:

PASSED AND ADOPTED this 25th day of April2023, by the following roll-call vote:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Rosario Rodriguez, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. I1030
Page2 of2 Page 111
04/25/2023 Item No.14.

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CITY OF
FOLSOl\{

DISTIICTIVE BY NATURE

04/25/2023 Item No.14.