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Agenda packet

Folsom City Council
January 9, 2024

Document
Agenda packet
Meeting
January 9, 2024
Body
Folsom City Council
Pages
166
Original file
8.3 MB
Text extracted from the city's file for reading and search. Open the original on mccmeetings.blob.core.usgovcloudapi.net. That file is the official record.

1 Agenda
City Council Regular Meeting
Folsom City Hall, City Council Chambers
50 Natoma Street, Folsom, CA
January 09, 2024, 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 generally 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

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2 City Council Regular Meeting

Folsom City Hall, City Council Chambers
50 Natoma Street, Folsom, CA
www.folsom.ca.us
Tuesday, January 09, 2024 6:30 pm

Mike Kozlowski, Mayor

Sarah Aquino, Vice Mayor YK Chalamcherla, Councilmember Rosario Rodriguez, Councilmember Anna Rohrbough, Councilmember

AGENDA

CALL TO ORDER
ROLL CALL:

Councilmembers: Aquino, Chalamcherla, Rodriguez, Rohrbough, Kozlowski 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 th e item will be continued to a future Council Meeting.

PLEDGE OF ALLEGIANCE

AGENDA UPDATE
SCHEDULED PRESENTATIONS:

1. A Resolution of Commendation – Celebrating the Folsom Zoo Sanctuary’s 60th Anniversary

2. Sacramento Regional Transit Presentation on Folsom 15-Minute Light Rail Service Project

3. Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report BUSINESS FROM THE FLOOR:

Members of the public are entitled to address the City Council concerning any item within the 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.

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3 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.

4. Approval of November 14, 2023 Special and Regular Meeting Minutes

5. Approval of November 28, 2023 Special and Regular Meeting Minutes

6. Approval of December 12, 2023 Special and Regular Meeting Minutes

7. Resolution No. 11138 – A Resolution Authorizing the City Manager to Execute an Agreement with Serpa Chiropractic, Inc. for the Acquisition of a Drainage Easement at 513 Natoma Street in Relation to the Natoma Street Drainage Improvement Project, Project No. PW1901, State Project No. 5288(047) and Appropriation of Funds

8. Resolution No. 11149 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 35 First-In Fire Station Alerting System Upgrades

9. Resolution No. 11150 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 34 First-In Fire Station Alerting System

10. Resolution No. 11151 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering & Asphalt, Inc. for the Johnny Cash Trail Cash’s Pick No. 1 Project Construction and Appropriation of Funds

11. Resolution No. 11152 – A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Ghirardelli Associates, Inc. for Inspection and Resident Engineer Services for the East Bidwell/Iron Point Road/US50 Onramp Improvement Project, Project No. PW2203 and Appropriation of Funds

12. Resolution No. 11153 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Terracare Associates LLC for the Maintenance of Parks, Trails and Pet Stations, Streetscapes/Public Works areas for the City of Folsom

13. Resolution No. 11154 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting for the District 2 Sidewalk Offset Repair Project PW2409

14. Resolution No. 11155 – A Resolution Approving the Application for Grant Funds from the Caltrans Sustainable Transportation Planning Grant Program for a Sustainable Transit Connections to Health Services Planning and Feasibility Study

15. Resolution No. 11156 - A Resolution Authorizing the City Manager to Execute an Agreement with Hasa, Inc. for the Supply of Sodium Hypochlorite for the Water Treatment Plant

16. Resolution No. 11157– A Resolution Approving a Waiver of City Parade fees for Folsom High School Football Team Celebration
PUBLIC HEARING:

17. Resolution No. 11139 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan EIR/EIS and Approve a Specific Plan Amendment to Modify FPASP Table A.7 (Transportation, Communication, Infrastructure) to Add “Electronic Readerboard Sign” as a Conditionally Permitted Use on a Specific Property (Parcel 61 - APN No. 072-3190-052) Located at the Southwest Corner of the Intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area (continued from the December 12, 2023 meeting)

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4 NEW BUSINESS:

18. Appointment of Three At-Large Members to the Folsom Historic District Commission

19. Ordinance No. 1341 - An Ordinance of the City Council of the City of Folsom Repealing Chapter

2.42 of the Folsom Municipal Code Pertaining to Initiative, Referendum and Recall Petitions (Introduction and First Reading)
OLD BUSINESS:

20. Potential Sales Tax Measure for November 2024 General Municipal Election and Direction to Staff

1. Sample Ballot Measure to Add a General Sales Tax at the Rate of One Percent (1.0%)

2. Sample Ballot Measure to Add a Special Sales Tax at the Rate of One Percent (1.0%)

COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS

CITY MANAGER REPORTS

COUNCIL COMMENTS

ADJOURNMENT
The next regular meeting will be January 23, 2024

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 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

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5 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.

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City of Folsom
Resolution of Commendation
Celebro:ting
The Folsom City Zoo Sanctuary's 6oth Anniversary

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,
the Zoo Sanctuary provides quality recreational and leisure opportunities as well as environmental education to the 2.6 million residents of the greater Sacramento region; and
the Zoo Sanctuary is a 7-acre nature education facility located within Folsom City Lions Park; and
the Zoo Sanctuary's mission is "Teaching Responsible Behavior Toward All Animals;" and
the Zoo Sanctuary has been operated by the City of Folsom since 1963; and
WHEREAS, the Zoo Sanctuary features rescued native, domesticated, and exotic animals and is recognized as one of the city's finest resources and a local/reg ional tourist attraction ; and
WHEREAS, the Zoo Sanctuary annually welcomes more than 130,000 guests and connects with an additional 15,000 individuals through its outreach programs, camps, classes, tours, rentals, and corporate work parties; and WHEREAS, Friends of the Zoo, docents and many other volunteers work closely with the Zoo Sanctuary and donate thousands of hours of labor per year; and WHEREAS, the Zoo Sanctuary plays a key role in enhancing the lives of the City of Folsom's residents.

NOW, THEREFORE, l, Michael D. Kozlowski, Mayor of the City of Folsom, on behalf of the Folsom City Council and the residents of this community, do hereby celebrate and congratulate the Folsom Cily Zoo Sanctuary on their 60th anniversary.

COMMENDED, this 9th day of January 2024'
Michael D. Kozlowski, MAYOR

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01/09/2024 Item No.1.

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01/09/2024 Item No.1.
i ,ri!i.1r.l
Folsom City Council
Staff Re ort

CITY COUNCIL ACTION
Representatives from Sacramento Regional Transit will present on the Folsom 15-Minute Light Rail Service Project. No action is requested of the City Council.

Respectfully submitted,
Christine Brainerd
Acting Assistant City Manager/Communications Director
MEETING DATE: U912024
AGENDA SECTION: Scheduled Presentations
SUBJECT: Sacramento Regional Transit Presentation on Folsom l5-Minute Light Rail Service Project
FROM: City Manager's Office
1

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01/09/2024 Item No.2.

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01/09/2024 Item No.2.

Folsom City Council
Staff Report

1 MEETING DATE:

1/9/2024
AGENDA SECTION:

Scheduled Presentations
SUBJECT: Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report

FROM: City Clerk's Department

CITY COUNCIL ACTION

Representatives from Folsom Tourism and Economic Development Corporation (TEDCorp) will provide a quarterly report. No action is requested of the City Council.

Respectfully submitted,

Christa Freemantle, CMC
City Clerk

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01/09/2024 Item No.3.
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01/09/2024 Item No.3.

Book 77 Page 170
Folsom City Council
November 14, 2023

DRAFT – Not Official Until Approved by the City Council

City Council Special Meeting

MINUTES

November 14, 2023 6:10 PM

CALL TO ORDER

The special City Council meeting was called to order at 6:10 pm with Mayor Rosario Rodriguez presiding.

ROLL CALL:

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

Councilmembers Absent: None

ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:

1. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code section 54956.9(d)(1): Brittany Nikol and Michael Nikol v. City of Folsom, Sacramento County Superior Court Case No. 34-2023-00335185

Motion by Councilmember Sarah Aquino, seconded by Councilmember Mike Kozlowski to adjourn to closed session for the above-referenced item. The motion passed by the following roll-call vote:

AYES: Rohrbough, Aquino, Chalamcherla, Kozlowski, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None

RECONVENE
City Attorney Steven Wang announced that no final action was taken.

ADJOURNMENT

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01/09/2024 Item No.4.

Book 77 Page 171
Folsom City Council
November 14, 2023

DRAFT – Not Official Until Approved by the City Council

There being no further business to come before the City Council, the meeting was adjourned at 6:31 pm.

SUBMITTED BY:

_______________________________
Christa Freemantle, City Clerk

ATTEST:

______________________________
Rosario Rodriguez, Mayor

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01/09/2024 Item No.4.

Book 77 Page 172
Folsom City Council
November 14, 2023

City Council Regular Meeting

MINUTES

November 14, 2023, 6:30 PM

CALL TO ORDER

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

ROLL CALL:

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

Councilmembers Absent: None

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

AGENDA UPDATE

City Attorney Steven Wang announced that additional information was provided regarding items 4, 12, and 13.

BUSINESS FROM THE FLOOR:

The following speakers addressed the City Council:

Bob Triplett
Rehan Alvi
Rubina Alvi
Farris Elghassein
Stan Guz
Nazra Khan
Nabil Bseiso
Ishfaqur Raza
Mariam Hussein
Aisha Aslam

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01/09/2024 Item No.4.

Book 77 Page 173
Folsom City Council
November 14, 2023

Hadi Firoz
Haroon Rasheed
Fatima Rasheed
Ghazalbavi
Mak K,
Aaminah Mohammad
Muna Abukhdair
Luma Dahlbacka
Stephen Torrey
Ashraf
Hia Elkhatib
Tariq Khasawihah
Mohamed Al Souqi
Justin Long
Zaid Akhter
Yossi Grossbaum
Alex Beymer
Meg Madden
Reem Olaby
Ali Hamad
Valerie McColloch
Alayna Wagner

The City Council called for a short recess and then continued the meeting.

SCHEDULED PRESENTATIONS:

1. Presentation Regarding Historic District Shuttle Program Jim Snook and Karen Holmes made a presentation and responded to questions from the City Council.

2. City Manager’s Fiscal Year 2022-23 Fourth Quarter and Fiscal Year 2023-24 First Quarter Financial Reports
Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council. Police Chief Rick Hillman provided information in response to Council questions.

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.

3. Ordinance No. 1339 – An Uncodified Ordinance Levying a Special Tax for the Fiscal Year 2023- 2024 and Following Fiscal Years Solely within and Relating to Improvement Area No. 6 within the City of Folsom Community Facilities District No. 23 (Folsom Ranch) (Second Reading and Adoption)

4. pulled for discussion

5. Resolution No. 11124 – A Resolution Authorizing the City Manager to Execute an Agreement with OpenGov, Inc. for Budgeting and Planning Software

6. Resolution No. 11125 - A Resolution Authorizing the City Manager to Execute a Purchase Agreement with National Auto Fleet Group for Four Fire Department Dodge Ram Pickup Trucks

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01/09/2024 Item No.4.

Book 77 Page 174
Folsom City Council
November 14, 2023

7. Resolution No. 11126 – A Resolution Authorizing the City Manager to Execute a Contract Change Order with B&M Builders, Inc. for the Iron Point Road Median Improvement Project, Project No. PW2102 and Appropriation of Funds

8. Resolution No. 11127 - A Resolution Authorizing the City Manager to Execute a Program Supplement Agreement to Administering Agency-State Agreement 03-5288S21 for the Riley Street Sidewalk Project

9. Resolution No. 11128 – A Resolution Adopting the City of Folsom Title VI Implementation Plan Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski to approve consent calendar items 3, 5-9. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None

CONSENT CALENDAR ITEMS PULLED FOR DISCUSSION:

4. Resolution No. 11123 - A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Kosmont & Associates, Inc. for Economic Development Consulting Services
The following speakers addressed the City Council:

Bob Holderness
Joe Gagliardi
Bruce Cline

Motion by Councilmember Mike Kozlowski, second by Councilmember Sarah Aquino to approve Resolution No. 11123. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC HEARING:

10. Resolution No. 11129 - A Resolution Adopting the November 2023 Adjustment for the Folsom Plan Area Specific Plan Infrastructure Fees (SPIF) and Setting the Updated Amount of the SPIF Fees
Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council.

Mayor Rosario Rodriguez opened the public hearing; receiving no speakers, the public hearing was closed.

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01/09/2024 Item No.4.

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Folsom City Council
November 14, 2023

Motion by Councilmember Sarah Aquino, second by Vice Mayor YK Chalamcherla to approve Resolution No. 11129. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None

11. 1014 Sibley Street Subdivision
i. Ordinance No. 1340 - An Uncodified Ordinance of the City of Folsom to Amend the Zoning Designation for the 0.87-Acre Project Site (APN: 071-0200-056-0000) from R-M PD (Residential Multifamily Dwelling District, Planned Development) and R-4 (General Apartment District) to R-1-M PD (Residential, Single-Family Dwelling, Small Lot District, Planned Development) for the 1014 Sibley Street Project (Introduction and First Reading)
ii. Resolution No. 11122 – A Resolution to Approve a Vesting Tentative Subdivision Map, Planned Development Permit, Design Review Application, Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Six-Lot 1014 Sibley Street Subdivision Project Associate Planner Josh Kincaide made a presentation and responded to questions from the City Council.

Mayor Rosario Rodriguez opened the public hearing; receiving no speakers, the public hearing was closed.

Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski to introduce Ordinance No. 1340. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski to approve Resolution No. 11122. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
OLD BUSINESS:

12. Landmark Tree Designation – Urban Forester Recommendations to Establish Two New Landmark Tree Designations
i. Resolution No. 11130 – A Resolution Establishing Landmark Tree Designations for the Native Woodlands at the Folsom State Prison Property at 300 Prison Road ii. Resolution No. 11131 – A Resolution Establishing Landmark Tree Designations for Native Oaks within the City-Owned Segment of the Oak Parkway Trail Corridor

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Folsom City Council
November 14, 2023

Urban Forester Aimee Nunez made a presentation and responded to questions from the City Council.

The following speakers addressed the City Council:

Johnnise Foster-Downs, PG&E
Bruce Cline
Julie Cline
Robert Goss, Friends of Folsom Parkways

Motion by Vice Mayor YK Chalamcherla, second by Councilmember Mike Kozlowski to waive the 10:30 rule. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None

Motion by Councilmember Mike Kozlowski, second by Councilmember Sarah Aquino to approve Resolution No. 11130. Motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
Motion by Councilmember Mike Kozlowski, second by Councilmember Anna Rohrbough to approve Resolution No. 11131.

The City Council discussed the proposed motion.

Substitute motion by Councilmember Anna Rohrbough to approve Resolution No. 11131, while adding a statement that requests that utility companies demonstrate why a tree cannot be trimmed to meet safety standards before the tree is removed.

The City Council discussed the substitute motion.

Substitute motion seconded by Councilmember Sarah Aquino in order to call the vote.

Substitution motion failed by the following vote:

AYES: Aquino, Rohrbough,
NOES: Chalamcherla, Kozlowski, Rodriguez
ABSENT: None
ABSTAIN: None

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01/09/2024 Item No.4.

Book 77 Page 177
Folsom City Council
November 14, 2023

The City Council voted on Councilmember Mike Kozlowski’s original motion: Motion passed by the following roll-call vote:

AYES: Aquino, Rohrbough, Kozlowski, Rodriguez
NOES: Chalamcherla
ABSENT: None
ABSTAIN: None

13. Resolution No. 11116 – A Resolution Authorizing the City Manager to Execute a Contract with Sacramento Tree Foundation for Tree Programs and Tree Planting and Maintenance for Three Years Commencing 2023
Urban Forester Aimee Nunez made a presentation and responded to questions from the City Council.

Speaker Bruce Cline addressed the City Council.

The City Council discussed trees and trails.

Motion by Councilmember Sarah Aquino, seconded by Councilmember Mike Kozlowski to approve Resolution No. 11116.

Councilmember Anna Rohrbough proposed a friendly amendment to suggest that staff create an overall maintenance and management plan. Councilmember Sarah Aquino declined to accept the friendly amendment.

Original motion passed by the following roll-call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS:

No items were agreed to for future agendas.

CITY MANAGER REPORTS:

City Manager Elaine Andersen thanked all for the Veterans Day Parade.

COUNCIL COMMENTS:

Councilmember Anna Rohrbough spoke of her pending attendance at a national league of cities summit.

Mayor Rosario Rodriquez spoke of the opening of the ice rink and tree lighting events.

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Folsom City Council
November 14, 2023

ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 11:08 pm.

SUBMITTED BY:

_______________________________
Christa Freemantle, City Clerk

ATTEST:

______________________________
Rosario Rodriguez, Mayor

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01/09/2024 Item No.4.

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01/09/2024 Item No.4.

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Folsom City Council
November 28, 2023

DRAFT – Not Official Until Approved by the City Council

City Council Special Meeting

MINUTES

November 28, 2023 6:15 PM

CALL TO ORDER

The special City Council meeting was called to order at 6:15 pm with Mayor Rosario Rodriguez presiding.

ROLL CALL:

Councilmembers Present: Sarah Aquino, Councilmember
Mike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Rosario Rodriguez, Mayor

Councilmembers Absent: YK Chalamcherla, Vice Mayor (arrived at 6:16 pm)

ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:

1. Conference with Legal Counsel – Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): Paul Kerfeld v. City of Folsom, Workers’ Compensation Appeals Board Case Nos.

ADJ13080506 and ADJ12920615

Motion by Councilmember Sarah Aquino, seconded by Councilmember Mike Kozlowski to adjourn to closed session for the above-referenced item. The motion passed by the following roll-call vote:

AYES: Aquino, Kozlowski, Rohrbough, Rodriguez

NOES: None
ABSENT: Chalamcherla
ABSTAIN: None
Councilmember YK Chalamcherla arrived at 6:16 pm and participated in the closed session discussion.

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01/09/2024 Item No.5.

Book 77 Page 180
Folsom City Council
November 28, 2023

DRAFT – Not Official Until Approved by the City Council

RECONVENE
City Attorney Steven Wang announced that no final action was taken during closed session.

ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 6:30 pm.

SUBMITTED BY:

_______________________________
Christa Freemantle, City Clerk

ATTEST:

______________________________
Rosario Rodriguez, Mayor

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01/09/2024 Item No.5.

Book 77 Page 181
Folsom City Council
November 28, 2023

City Council Regular Meeting

MINUTES

November 28, 2023, 6:30 PM

CALL TO ORDER

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

ROLL CALL:

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

Councilmembers Absent: None

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

AGENDA UPDATE

City Attorney Steven Wang announced that item 4 has amendments. City Manager Elaine Andersen announced that item 1 and the Consent Calendar would be moved ahead of Business From the Floor, and that items 2 and 3 would be continued to a later date.

SCHEDULED PRESENTATIONS:

1. Folsom Cordova Unified School District Updates: Feasibility Study on District Reorganization, Facilities, and Potential Funding Options
Sean Martin, FCUSD, made a presentation and responded to questions from the City Council.

The following speakers addressed the City Council:

Alayna Wagner
Justin Long
Sung Park

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01/09/2024 Item No.5.

Book 77 Page 182
Folsom City Council
November 28, 2023

2. Presentation by the Public Works Department Regarding Fleet Conversion to Electric Vehicles Item 2 was continued to a later date.

3. Presentation by the Public Works Department Regarding Current Operations at the Wye Property Located at the Corner of Bidwell Street and Folsom Boulevard Item 3 was continued to a later date.

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.

4. Approval of October 24, 2023 Regular Meeting Minutes (amended)

5. Resolution No. 11132 – A Resolution Authorizing the City Manager to Execute an Agreement with EKC Inc. for the City of Folsom Building Access System Replacement and Appropriation of Funds

6. Resolution No. 11133 – A Resolution Authorizing the City Manager to Execute a Contract Change Order with All Phase Construction, Inc. for the Natoma Street Drainage Improvement Project Phase 2, Project No. PW1901, State Project No. 5288(047) and Appropriation of Funds

7. 1014 Sibley Street Rezone
i. Ordinance No. 1340 - An Uncodified Ordinance of the City of Folsom to Amend the Zoning Designation for the 0.87-Acre Project Site (APN: 071-0200-056-0000) from R-M PD (Residential Multifamily Dwelling District, Planned Development) and R-4 (General Apartment District) to R- 1-M PD (Residential, Single-Family Dwelling, Small Lot District, Planned Development) for the 1014 Sibley Street Project (Second Reading and Adoption)

Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski to approve the Consent Calendar, with the noted amendment to item 4. Motion passed by the following roll- call vote:

AYES: Aquino, Chalamcherla, Kozlowski, Rohrbough, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None

BUSINESS FROM THE FLOOR:

The following speakers addressed the City Council:

Tariq Khasawinah
Hana Hague

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01/09/2024 Item No.5.

Book 77 Page 183
Folsom City Council
November 28, 2023

Saiful Hague
Aman Khan
Sami Khan
Lubna Chowbhury
Sarah Ahmad
Farris Elghassein
Riyaz Mohammed
Talba Muhammad
Jenna Jarrar
Hafeez Mohammad
Ayesha Mohammad
Annie Khan
Mahad Khan
Ayaan Khan
Pragya Praveen
Aisha Aslam
Mahbuba Khan
Reem Olaby
Rubina Alvi
Yousif Hussein
Rehan Alvi
Marian Hussein
Mohammad Hassan Vora
Chandra Vinnokota
Satish Challangri
Mak
Mahiba Khandaker
Ali Nazir
Zahra Fatima
Omar Altamimi
Abdulhalim Khan
Jackson Yozer
Amoriya Perez
Ashraf Abdelwly
Fatima Rasheed
Hadi Firoz
Nika Dahlbacka
Nazra Khan
Uzair Ahmed
Jason Davis
(unidentified speaker)

COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS:

Councilmember Mike Kozlowski requested a follow up item regarding the potential sales tax measure.

Councilmember Anna Rohrbough requested items regarding the City’s response to the homeless situation, increased crime, strategic plan action steps, unfunded liabilities, and the Community Development Department.

Page 27 ends

01/09/2024 Item No.5.

Book 77 Page 184
Folsom City Council
November 28, 2023

CITY MANAGER REPORTS:

City Manager Elaine Andersen welcomed new City Engineer Rebecca Neeves and spoke of FCUSD discussions and library events.

COUNCIL COMMENTS:

Councilmember Anna Rohrbough spoke of the national league of cities events. She expressed that silence should not be interpreted as inaction, noting the intention to look at Folsom at a whole and to not inadvertently divide the community.

Vice Mayor YK Chalamcherla noted the legal prohibition of Council discussing items under business from the floor. He suggested a future agenda item to address community concerns.

Councilmember Sarah Aquino spoke of recent SMAQMD meetings and announced that as a member of the SMAQMD Board, she would be attending the United Nations Climate Change Conference COP28 Summit in Dubai (noting that her travel is being funded by SMAQMD, not the City of Folsom).

Councilmember Mike Kozlowski thanked attendees for their comments and expressed frustration with the legal prohibition of Council discussing items under business from the floor.

Mayor Rosario Rodrequez expressed appreciation to attendees for sharing their comments. She invited everyone to attend the Historic District tree lighting event.

ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 9:51 pm.

SUBMITTED BY:

_______________________________
Christa Freemantle, City Clerk

ATTEST:

______________________________
Rosario Rodriguez, Mayor

Page 28 ends

01/09/2024 Item No.5.

Book77 Page 185
Folsom City Council
December 12,2023
City Council Special Meeting

MINUTES
December 12,2023 6:10 PM

CALL TO ORDER
The special City Council meeting was called to order at 6:10 pm with Mayor Rosario Rodriguez presiding.

ROLL GALL:

Councilmembers Present: YK Chalamcherla, Vice Mayor
Sarah Aquino, Councilmember
M ike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Rosario Rodriguez, Mayor
Councilmembers Absent: None
ADJOURNMENT TO GLOSED SESSION FOR THE FOLLOWING PURPOSES:

1. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code section 54956.9(d)(1): Theiesa Hawkins v. City of Folsom, Sacramento County Superior Court Case No. 23CV000237

2. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code section 54956.9(d)(1): Allison Long, William Long, individually and as Guardian ad litem for Anna Long, Ethan Long, minors, and Lisa Long v. City of Folsom and Arthur Brown, Sacramento County Superior Court Case No. 23CV009815
City Attorney Steven Wang read the closed session items into the record.

DRAFT - Not Officiol Until Approved by the City Council

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01/09/2024 Item No.6.

Book77 Page 186
Folsom City Council
December 12,2023
Motion by Gouncilmember Sarah Aquino, seconded by Gouncilmember Mike Kozlowskito adjourn to closed session for the above-referenced items. The motion passed by the following roll-callvote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ghalamcherla, Aquino, Kozlowski, Rohrbough, Rodriguez
None
None
None

RECONVENE
City Attorney Steven Wang announced that no final action was taken during closed session

ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 6:30 pm

SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST
Rosario Rodriguez, Mayor
DRAFT - Not Official Until Approved by the City Council

Page 30 ends

01/09/2024 Item No.6.

Book77 Page 187
Folsom City Council
December 12,2023
City Council Regular Meeting

MINUTES
December 12,2023, 6:30 PM

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

ROLL GALL:

Councilmembers Present YK Chalamcherla, Vice MaYor
Mike Kozlowski, Councilmember
Anna Rohrbough, Councilmember
Sarah Aquino, Councilmember
Rosario Rodriguez, Mayor
Councilmembers Absent: None

PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited

AGENDA UPDATE
City Attorney Steven Wang announced that there were no updates to the agenda

CONVENE JOINT MEETING
Joint meeting of the City Council, Folsom Redevelopment Successor Agency, the Folsom Public Financing Authority, the Folsom Ranch Financing Authority, and the South of 50 Parking Authority JOINT MEETING CONSENT CALENDAR:
i. Receive and File the City of Folsom, the Folsom Redevelopment Successor Agency, the Folsom Public Financing Authority, the Folsom Ranch Financing Authority, and the South of 50 Parking Authority Monthly lnvestment Reports for the Month of September 2023 Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski to approve the Consent Galendar. Motion passed by the following roll-call vote:

AYES: Ghalamcherla,Kozlowski,Rohrbough,Aquino,Rodriguez NOES: None
Draft - Not Official Until Approved by the City Council

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01/09/2024 Item No.6.

Book 77 Page '188
Folsom City Council
December 12,2023
ABSENT: None
ABSTAIN: None
JOINT M ETING PUBLIC HEA RING:

2. Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 23 (Folsom Ranch) lmprovement Area No. 2 Special Tax Revenue Bonds, Series 2024 i. Resolution No. 1 1147 - A Resolution of the City Council of the City of Folsom Authorizing the lssuance of the City of Folsom Community Facilities District No. 23 (Folsom Ranch) lmprovement Area No. 2 Special Tax Bonds, Series 2024, the Execution of an lndenture Providing therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and Authorizing Necessary Actions and the Execution of other Documents in Connection therewith ii. Resolution No. 01 1 - Folsom Ranch FA - A Resolution of the Governing Board of the Folsom Ranch Financing Authority Authorizing the lssuance, Sale, and Delivery of not to exceed 912,500,000 Agbregate Principal Amount of City of Folsom Community Facilities District No. 23 (Folsom Ranch) lmprovement Area No. 2 Special Tax Revenue Bonds, Series 2024; Approving ihe Form and Substance of a Trust Agreement, Authorizing Modifications thereof and Execution and Delivery as Modified; Approving a Preliminary Official Statement, Authorizing Changes thereto and Execution and Delivery of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase Contract and a Bond Purchase Contract and Execution and Delivery of each, and Authorizing Related Actions Necessary to lmplement the Proposed Financing
Finance Director Stacey Tamagni made a presentation, noting the $12,500,000 dollar amount.

Mayor Rosario Rodriguez opened the public hearing. Receiving no comments, the public hearing was closed.

Motion by Councilmember Sarah Aquino, second by Councilmember Mike Kozlowski to approve Resotution No. 11{47. Motion passed by the following roll-call vote:

AYES: Chalamcherla, Kozlowski, Rohrbough, Aquino, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
Motion by Boardmember Sarah Aquino, second by Boardmember Mike Kozlowski to approve Resolution No 011 - Folsom Ranch FA. Motion passed by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ghalamcherla, Kozlowski, Rohrbough, Aquino, Rodriguez
None
None
None
The joint meeting was adjourned to the regular meeting
SGHEDULED PRESENTATIONS:

Draft - Not Official lJntil Approved by the City Council

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01/09/2024 Item No.6.

Book77 Page 189
Folsom City Council
December 12,2023

3. Resolution of Commendation Honoring Kikkoman Foods on their 25th Anniversary Mayor Rosario Rodriguez presented the resolution of commendation.

4. Proclamation of the Mayor of the City of Folsom Proclaiming December 16, 2023 as Wreaths Across America Day
Mayor Rosario Rodriguez presented the proclamation.

5. Declaration of the Folsom City Council Reaffirming lts Commitment to Promoting an lnclusive, Safe Environment For All
Mayor Rosario Rodriguez read the declaration. The following speakers addressed the City Council Rehav Alvi
Ashraf Abdelwhu
Riyez Mohammed
Deya Elghassein
BUSINESS FROM THE FLOOR:

The following speakers addressed the City Council
Scott Rafferty
Dan Carson, with Lorraine Poggione, Carrie Lane, and Justin Raithel Hari
Ramana Penumarty
Dr. Pal Manickam
Satish Challangi
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.

O. Receive and File SB-165 Annual Reports for Community Facilities Districts No. 13, No. 14, No.

ZO13-1, No. 16, No. 17, No. 18, No. 19, No.20, No.21, No.22, and No.23toComplywiththe Local Agency Special Tax Bond and Accountability Act

7. Resolution No. 11 134 - A Resolution Authorizing the City Manager to Execute Sewer Easement and Maintenance Agreements between the Property Owners of 115 Natoma Street, 210 Natoma Street, 216 Natoma Street, 308 Natoma Street, 310 Natoma Street, and 312 Natoma Street and the City of Folsom for the Construction of the Natoma Alley Rehabilitation and Replacement Project and Appropriation of Funds

8. Resolution No. 1 1 135 - A Resolution Authorizing the City Manager to Execute a Purchase Agreement with 911 Vehicle for Full Emergency Response Equipment and Emergency Lighting lnstallation for Four Fire Department Dodge Ram Pickup Trucks L pulled for discussion
Droft - Not Officiol lJntil Approved by the City Council

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01/09/2024 Item No.6.

Book77 Page 190
Folsom City Council
December 12,2023

10. Resolution No. 11137 - A Resolution Authorizing the City Manager to Execute an Agreement with Causey Consulting for Professional Consulting Services for the Preparation of the Sewer System Management Plan and Audit for Compliance with Statewide Waste Discharge Requirements

11. Resolution No. 11141- A Resolution Authorizing the City Manager to execute a Communications Site License Agreement with Comcast Cable Communications Management, LLC, a Delaware Limited Liability Company, at 403 Stafford Street

12. pulled for discussion

13. Resolution No. 11144 - A Resolution Authorizing the City Managerto Execute a Public Trail Easement for the Oak Parkway Trail between the Property Owner of 339 Montrose Drive and the City of Folsom

14. Resolution No. 11145 - A Resolution Authorizing the City Manager to Execute a Public Trail Easement for the Oak Parkway Trail between the Property Owner of 337 Montrose Drive and the City of Folsom

15. Resolution No. 11146 - A Resolution Authorizing the City Manager to Execute a Public Trail Easement for the Oak Parkway Trail between the Property Owner of 34l Montrose Drive and the City of Folsom
Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Chalamcherla to approve Consent Calendar items 6-8, 10-11,13-15. Motion passed by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Ghalamcherla, Kozlowski, Rohrbough, Aquino, Rodriguez
None
None
None
GONSENT GALENDAR ITEMS PULLED FOR DISGUSSION:

9. Resolution No. 11136 - A Resolution Accepting the AB1600 Development Fees Annual Report for the Fiscal Year ended June 30,2023
Councilmember Anna Rohrbough pulled this item to inquire about the source and use of development fee funds. City Attorney Steven Wang provided clarification about what A81600 Development Fees are, and the strict limitation on their use for infrastructure. Police Chief Rick Hillman provided information in response to Council questions.

Motion by Gouncilmember Sarah Aquino, second by Vice Mayor YK Ghalamcherla to approve Resolution No. 11136. Motion passed by the following roll-callvote:

AYES: Ghalamcherla, Kozlowski, Rohrbough, Aquino, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
Droft - Not Officiol Until Approved by the City Council

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01/09/2024 Item No.6.

Book77 Page 191
Folsom City Council
December 12,2023

12. Resolution No. 11143 - A Resolution Rejecting All Proposals for Maintenance of Parks, Trails & Pet Stations, and Public Works Areas
Councilmember Mike Kozlowski pulled this item for further explanation. Parks and Recreation Director Kelly Gonzales provided information, as did City Manager Elaine Andersen.

Motion by Gouncilmember Mike Kozlowski, second by Vice Mayor YK Chalamcherla to approve Resolution No. 11143. Motion passed by the following roll-callvote:

AYES: Ghalamcherla, Kozlowski, Rohrbough, Aquino, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
PUBLIC HEARING:

16. Resolution No. 11139 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan EIR/EIS and Approve a Specific Plan Amendment to Modify FPASP Table A.7 (Transportation, Communication, lnfrastructure) to Add "Electronic Readerboard Sign" as a Conditionally Permitted Use on a Specific Property (Parcel 61 - APN No. 072-3190-052) Located at the Southwest Corner of the lntersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area (to be continued to the January 9, 2024 meeting) Motion by Councilmember Mike Kozlowski, second by Gouncilmember Sarah Aquino to continue the public hearing to January 9,2024. Motion passed by the following roll-call vote:

AYES: Chalamcherla, Kozlowski, Aquino, Rodriguez
NOES: Rohrbough
ABSENT: None
ABSTAIN: None
NEW BUSINESS:

17. Presentation on the City's General Fund Unassigned Fund Balance (Reserves) Policy and Direction to Staff
Finance Director Stacey Tamagni made a presentation and responded to questions from the City Council.

The City Council discussed the reserve policy and considered the identification of an appropriate range Motion by Councilmember Sarah Aquino, second by Gouncilmember Mike Kozlowski to amend the current financial policy regarding unassigned fund balance from 15o/o to a range ol17o/o- 20%. Motion passed by the following roll-call vote:

AYES: Ghalamcherla, Kozlowski, Rohrbough, Aquino, Rodriguez NOES: None
ABSENT: None
ABSTAIN: None
Droft - Not Official IJntil Approved by the City Council

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01/09/2024 Item No.6.

Book77 Page 192
Folsom City Council
December 12,2023
It was the Council's consensus to direct staff to come back to determine where to allocate excess fund balance over the 20o/o.

SELEGTION OF MAYOR AND VICE MAYOR FOR 2024:

18. Selection of Mayor and Vice Mayor
The following speaker addressed the City Council:

Scott Rafferty
Vice Mayor YK Chalamcherla offered comments
City Clerk Christa Freemantle explained the voting process for Mayor and Vice Mayor. She distributed ballots and read the results for the record.

For the position of Mayor, the following votes were cast:

Sarah Aquino voted for Mike Kozlowski as Mayor
Rosario Rodriguez voted for Mike Kozlowski as Mayor
YK Chalamcherla voted for YK Chalamcherla as Mayor
Anna Rohrbough voted for YK Chalamcherla as Mayor
Mike Kozlowski voted for Mike Kozlowski as Mayor
The Gity Council selected Mike Kozlowski as Mayor for 2024.

For the position of Vice Mayor, the following votes were cast:

Rosario Rodriguez voted for Sarah Aquino as Vice Mayor
Mike Kozlowski voted for Sarah Aquino as Vice Mayor
Sarah Aquino voted for Sarah Aquino as Vice Mayor
YK Chalamcherla voted for YK Chalamcherla as Vice Mayor Anna Rohrbough voted for YK Chalamcherla as Vice Mayor
The City Council selected Sarah Aquino as Vice Mayor for 2024.

COUNGIL REQUESTS FOR FUTURE AGENDA ITEMS:

Councilmember Rosario Rodriguez requested the opportunity to recognize contributions from residents.

Councilmember Anna Rohrbough requested the opportunity to discuss resources for police to combat increasing crime.

Councilmember YK Chalamcherla requested the opportunity to discuss restriping of roadways and speeding concerns; Mayor Mike Kozlowski suggested a possible traffic safety workshop.

Droft - Not Officiol Until Approved by the City Council

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01/09/2024 Item No.6.

Book77 Page 193
Folsom City Council
December 12,2023
CITY MANAGER REPORTS:

City Manager Elaine Andersen thanked Rosario Rodriguez and YK Chalamcherla and congratulated Mike Kozlowski and Sarah Aquino. She spoke of US Davis'new medical building, Santa Sleigh, tree recycling, and the Folsom Bulldogs.

COUNGIL GOMMENTS:

Vice Mayor Sarah Aquino thanked Rosario Rodriguez and YK Chalamcherla and reported on the trip to Dubai for the COP28 Climate Change Conference, reiterating that the trip was paid for by the Sacramento Metropolitan Air Quality Management District, not the City of Folsom.

Councilmember Anna Rohrbough congratulated Mike Kozlowski and Sarah Aquino and wished a merry Christmas and happy holidays to all.

Councilmember YK Chalamcherla congratulated Mike Kozlowski, Sarah Aquino, and the Folsom Bulldogs.

Mayor Mike Kozlowski spoke of the Southeast Connector JPA, Regional Transit, and SACOG meetings. He also spoke about the CIM and Folsom Bulldogs and thanked Rosario Rodriguez and YK Chalamcherla
Councilmember Anna Rohrbough spoke of the upcoming joint meeting with FCUSD on Jan 29 Councilmember Rosario Rodriguez thanked the Council for the opportunity to serve as mayor. She also thanked the City Clerk's Department and the City Manager and shared some comments from the City Manager's recent 360 review.

ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 8:48 pm.

SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST
Rosario Rodriguez, Mayor
Droft - Not Officiol Until Approved by the City Council

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01/09/2024 Item No.6.

This page is intentionallA Ieft blank
to fo"cilitate double- sided printtng .

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01/09/2024 Item No.6.
h
Folsom City Council
Staff rt
MEETING DATE: U912024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11 138 - A Resolution Authorizing the City Manager to Execute an Agreement with Serpa Chiropractic, Inc. for the Acquisition of a Drainage Easement at 513 Natoma Street in Relation to the Natoma Street Drainage Improvement Project, ProjectNo. PW1901, State ProjectNo. 5288(047) and
Appropriation of Funds
FROM: Public Works Department

REC TION / CITY COUN ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11138 - A Resolution Authorizing the City Manager to Execute an Agreement with Serpa Chiropractic, Inc. for the Acquisition of a Drainage Easement at 513 Natoma Street in Relation to the Natoma Street Drainage Improvement Project, Project No. PW1901, State Project No. 5258(047) and Appropriation of Funds.

BACKGROUND / ISSUE
In early 2017, the City identified a collapsed segment of the storm drain system that flowed adjacent to Natoma Street between Bridge Street and Scott Street. The alignment of this drainage system weaved in and out of private property with very few access points for maintenance. In September of 2017, City Council authorized construction of Phase 1 to realign the storm drain system to keep it within public right of way as much as possible. Construction of the Phase 1 improvements were completed in April 2018.

During the design of the Phase 1 project, field investigations identified additional pipe offsets and corrosion issues with downstream segments of the storm drain system between Scott Street and Riley Street. Additional deficiencies included that the existing pipe alignment was on private property and there was a lack of access points for necessary inspections and maintenance. The City developed the Natoma Street Drainage Improvement Project Phase 2 to bring the system up to current standards and ensure it functions as designed. Phase 2 of the project installed 1

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01/09/2024 Item No.7.
approximately 900 linear feet of new storm drain pipe, abandoned and removed existing failing rio* drain pipe, and added new standard manholes, drain inlets, and an outfall structure.

The alignment of a segment of the new 36-inch storm drain line runs from the Natoma Street persifeiStreet Alley out to Scott Street via a portion of private property located at 513 Natoma Street. There is no viable option to detour the storm drain within existing City right of way due to other existing underground and overhead utility lines that would result in conflicts and additional relocations. ih. ptop.rty owner was notified of the need for the easement early in the design and layout of the project, and through ongoing communication and negotiations has consented to this final agreement.

POLICY / RULE
Acquisition of property rights by the City of Folsom requires City Council approval. Resolution No. 2+{s,adopted on July 18, 1988, authorizes the City Manager to execute an Easement Agreement.

ANALYSIS
The proposed drainage easement is for 443 square feet of a portion of the property's existing parking lot. The drainage easement will not impact the private property from its current use as designated parking. Coordination with the property owner was ongoing throughout the project, and discussions included that the City would resurface and restripe the parking lot in lieu of monetary compensation. Staff coordinated with the project contractor on options and ultimately determined tha-t it was not feasible given construction timelines and weather constraints to perform the work.

The property owner then solicited a bid from a separate contractor to perform the parking lot r"r.ttfuritrg and restriping for a total cost of $9,670. Staff reviewed the bid and determined that it is an acceplable price for ihe work. Similar utility easements recently appraised on properties along Natoma Street for $15 to $20 per square foot, which is generally consistent with the amount requested by the owner and agreed to by staff.

F'INANCIAL IMPACT
The City shall pay an amount not to exceed $9,670 for the acquisition of a Drainage Easement at 513 Natoma Street.

The Natoma Street Drainage Improvement Project, (PWl901) is included in the FY 2023-24 Capital Improvement Plan with a total project budget of $1,880,000. Staff is requesting an appropriation of $9,670 in the Drainage Capital Improvement Fund (Fund 448) for the cost of the u"qrriiitio" of the Drainage Easement at 513 Natoma Street. Once authorized the appropriation will increase the total project budget to $1,889,670. Funds are currently available in the Drainage capital lmprovement Fund (Fund 448) for the appropriation. 2 Page 40
01/09/2024 Item No.7.

ENVIRONMENTAL REVIEW
As part of the design phase, it was determined that construction of this project could be done under a Categorical Exemption classification of the CEQA Guidelines. The CEQANotice of Exemption was filed with the County in March 2021, and no further environmental analysis is required.

ATTACHMENT
Resolution No. 11138 - A Resolution Authorizing the City Manager to Execute an Agreement with Serpa Chiropractic, Inc. for the Acquisition of a Drainage Easement at 513 Natoma Street in Relation to the Natoma Street Drainage Improvement Project, Project No. PWl901, State Project No. 5288(047) andAppropriation of Funds
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
aJ Page 41
01/09/2024 Item No.7.

RESOLUTION NO. 11138

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SERPA CHIROPRACTIC,INC. FOR THE ACQUISITION OF A DRAINAGE EASEMENT AT 513 NATOMA STREET IN RELATION TO THE NATOMA STREET DRAINAGE IMPROVEMENT PROJECT, PROJECT NO. PWl9OI., STATE PROJECT NO. 52SS(047) AND APPROPRTATTON OF FUNDS
WHEREAS, staff has identified the need to establish a drainage easement at 5I3 Natoma Street (APN 070-0164-001) for a segment of realigned storm drain pipe as part of the Natoma Street Drainage Improvement Project; and
WHEREAS, the property owner, Serpa Chiropractic, Inc., has agreed to the recitals in the Drainage Easement and Maintenance Agreement; and
WHEREAS, the Natoma Street Drainage Improvement Project, (PW1901) is included in the FY 2023-24 Capital Improvement Plan with a total project budget of $1,880,000; and WHEREAS, an appropriation of funds in the amount of $9,670 in the Drainage Capital Improvement Fund (Fund 448) will increase the total project budget to $1,889,670; and WHEREAS, sufficient funds are curently available in the Drainage Capital Improvement Fund (Fund 448) for the appropriation; and
WHEREAS, the agreement will be in a form acceptable to the City Attomey:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to Execute an Agreement with Serpa Chiropractic, Inc. for the Acquisition of a Drainage Easement at 513 Natoma Street in Relation to the Natoma Street Drainage Improvement Project, ProjectNo. PWl901, State ProjectNo. 5288(047).

NOW, THEREFORE BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to appropriate $9,670 in the Drainage Capital Improvement Fund (Fund 448) for the acquisition of a Drainage Easement at 513 Natoma Street.). pASSED Al[D ADOPTED this 9ft day of January 2024,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST
Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Christa Freemantle, CITY CLERK
ResolutionNo. 11138
Page I of I
Michael D. Kozlowski, MAYOR

Page 42 ends

01/09/2024 Item No.7.
il"&L*i{lir+r
{ .!P
b,ttt.a!rr! tl !t?!l!
Folsom City Council
Staff Re rt
MEETING DATE: U912024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 ll49 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 35 First-In Fire Station Alerting System Upgrades F'ROM: Fire Department

RECOMMENDATION / CITY COUNCIL ACTIQN
The Fire Department recommends that the City Council pass and adopt Resolution No. I I I49 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 35 First-In Fire Station Alerting System Upgrades

BACKGROUND / ISSUE
A key component of fire and medical emergency services dispatching is fire station alerting. Once the information required for an emergency response is gathered and the closest resources are determined, the fire station audio and visual alerts arc activated. An interface between the Computer Aided Dispatch (CAD) system and the fire station alert system provides the most efficient method of dispatching emergency resources. Without a fully functioning alerting system, dispatchers must use back up "manual alerting" which takes longer and results in delays in overall response times.

Using the CAD system, the dispatcher enters a dispatch command. The CAD and fire station alert systems are connected to the stations via data connection circuits. The station alert signal activates relays at the stations to ring the station bell, turn on lights at night, and open an audio path from the station radio to the station public address system. The dispatcher then proceeds with a voice dispatch with the details of the emergency response.

All Folsom Fire Stations are equipped with Westnet Alerting Systems along with the entire regional area. Westnet, Inc. has installed a dedicated server at the Sacramento Regional Fire/EMS Communications Center (SRFECC) as part of a region wide purchase to greatly enhance the I

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01/09/2024 Item No.8.
capabilities and speed that emergency incidents are dispatched.

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

Section 2.36.140, Sole Source procurement of the Folsom Municipal Code states prior to submitting a purchase request, the requesting department shall conduct a survey of available sources to determine whether there is only 1 source for the required supply, equipment, service or construction item. After review of this request by the purchasing agent and the finance director and approved by the city manager, a contract shall be awarded without competition. The purchasing agent, or his/her designee, shall conduct negotiations, as appropriate, as to price, delivery and terms. The requesting department shall prepare a waiver of bid and submit it to the purchasing agent for filing with the city clerk. (Ord.723 $ 3 (part), 1991)

ANALYSIS
Fire Department staff did not solicit bids from fire station alerting companies due to Westnet, Inc. being the sole source provider for emergency alerting in the Sacramento region. Department staff received a quote for Fire Stations No. 35 from Westnet, Inc. to include installation, one year of technical support, and an on-site warranty. Fire Department staff has determined that Station No. 35 is a priority for Westnet Alerting System upgrades in the amount of $149,999.00.

The Fire Department has found the quote to be in order and recommends that the contract be awarded to Westnet, Inc. Staff will use the City's standard agreement in a form acceptable to the City Attorney.

FINANCIAL IMPACT
The contract with Westnet, Inc. would be authorized for $149,999.00 with a SYo contingency amount of $7,499.95 for a total amount not to exceed $157,498.95.

Funds in the amount of $157,498.95 are budgeted and available in the General Fund (Fund 010) as part of the Fiscal Year 2023-24 Fire Department Budget for the upgrade to Station No. 35 Westnet Alerting System.
2 ENVIRONMENTAL REVIEW

Page 44 ends

01/09/2024 Item No.8.

This report concerns administrative activities that do not constitute a "project" as defined by section 15378 of the California Environmental Quality Act (CEQA) Guidelines and is otherwise exempt pursuant to sections 15061(bX3) and 15378(b)(2).

ATTACHMENTS

1. Resolution No. I II49 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 35 First-In Fire Station Alerting System Upgrades

2. Waiver of Bid - Westnet First-In Alerting, Inc. - Station 35 Submitted,
Ken Cusano, Fire Chief
a
-'t Page 45
01/09/2024 Item No.8.

Attachment 1
Resolution No. 1II49 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 35 First-In Fire Station Alerting System Upgrades

Page 46 ends

01/09/2024 Item No.8.

RESOLUTION NO. III49

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WESTNET,INC. FOR FIRE STATION NO. 35 FIRST-IN FIRE

STATION ALERTING SYSTEM UPGRADES
WHEREAS, the City of Folsom desires to contract for fire station alerting for Fire Station No. 35; and
WHEREAS, this project was sole sourced for a bid quote with Westnet, Inc. in the amount of $149,999.00 with a 5Yo contingency in the amount of $7,499.95 for a total amount of $157,498.95; and
WHEREAS, sufficient funds are budgeted and available in the amount of $157,498.95 in the Fire Department Operating Budget in Fiscal Year 2023-24 inthe General Fund (Fund 010), for this purpose; 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 Westnet, Inc. for Fire Station No. 35, for First-In Fire Station Alerting System upgrades, for a total amount not to exceed $157,498.95.

PASSED AND ADOPTED this 9th day of January 2024, by the following roll-call vote AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11149
Page I of 1

Page 47 ends

01/09/2024 Item No.8.

Attachment 2
Waiver of Bid - Westnet First-In Alerting, Inc. - Station 35

Page 48 ends

01/09/2024 Item No.8.
uuuu9rgrr EilvEruPg lw. (Evtur lF-vDUv-tt au-onQu-uoEuavoJI loA Memo
From
Date:

To:
e"alfr-'sona
Christa Freemantle, City Clerk
Ken Cusano, Fire Chief
December 4,2023
Waiver of Bid - Westnet First ln Alerting, lnc. - Station 35Subject:

This shall serve as a "Waiver of Bid Notification" for Sole Source procurement for the purchase and installation of station alerting equipment for Fire Station No. 35, as required by Section 2.36.140 of the Folsom Municipal Code.

Secfion 2.36.140, So/e Source procurement of the Folsom Municipal Code sfafes prior to submitting a purchase request, the requesting department shall conduct a survey of avaitabte sources to determine whether there is only 1 source for the required supply, equipment, service or construction item. After review of this request by the purchasing agent and the finance director and approved by the city manager, a contract shall be awarded without competition. The purchasing agent, or his/her designee, shall conduct negotiations, as appropriate, as to price, delivery and terms. The requesting department shall prepare a waiver of bid and submit it to the purchasing agent for filing with the city clerk. (Ord.723 5 3 (paft), 1991)
The Folsom Fire Department along with the regional agencies exclusively utilize Westnet First ln alerting systems in allfire stations. The Sacramento Regional Fire and EMS Communication Center supporting dispatch services for the regional departments communicates directly to each Fire Station by operating a proprietary Westnet Server.

Accordingly, the use of an alerting system other than Westnet at any of our stations would eliminate our dependable emergency alerting ability. Fire Station No. 35 requires an extensive upgrade of the existing Westnet alerting system due to the age and capabilities.

The Fire Department is requesting approval for sole source procurement through Westnet First ln Alerting, lnc. for professional services equipment and installation upgrades to Fire Station No. 35. The Fire Department hereby requests this waiver of bid be approved to remain in effect through the completion of the contract.

The Fire Department has funds budgeted for Fiscal Year 2023-24 tor the installation of station alerting equipment for Fire Station No. 35.

Page 49 ends

01/09/2024 Item No.8.
uuvugrgrr ElrvYluPE lu. rEvauF lr-vpuv-tl lu-pnJU-uoEUruJJl loA Ken no, Fire Chief
[-to*"4*
12t412023
Date
t2/!3/2023
Date
L2/L3/2023
Date
Stacey Tamagni, Finance Director
/-DocuSigned
by:
ltuv.lvfu*
Elaine Andersen, City Manager
City Clerk, Original
City Manager
cc:

Page 50 ends

01/09/2024 Item No.8.
r:!tn a?
i.',1-i5 _.L, :j {_'l{-
Cr ,rlrtalr.a ti r tIt,1l
Folsom City Council
Staff Re ort
MEETING DATE: v9/2024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11150 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 34 First-In Fire Station Alerting System
FROM: Fire Department

RECOMMENDATION / CITY COUNCIL ACTION
The Fire Department recommends that the City Council pass and adopt Resolution No. 11 150 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 34 First-In Fire Station Alerting System

BACKGROI IND / ISSIIE
A key component of fire and medical emergency services dispatching is fire station alerting. Once the information required for an emergency response is gathered and the closest resources are determined, the fire station audio and visual alerts are activated. An interface between the Computer Aided Dispatch (CAD) system and the fire station alert system provides the most efficient method of dispatching emergency resources. Without a fully functioning alerting system, dispatchers must use back up "manual alerting" which takes longer and results in delays in overall response times.

Using the CAD system, the dispatcher enters a dispatch command. The CAD and fire station alert systems are connected to the stations via data connection circuits. The station alert signal activates relays at the stations to ring the station bell, turn on lights at night, and open an audio path from the station radio to the station public address system. The dispatcher then proceeds with a voice dispatch with the details of the emergency response.

All Folsom Fire stations are equipped with Westnet Alerting Systems along with the entire regional area. Westnet, Inc. has installed a dedicated server at the Sacramento Regional Fire/EMS Communications Center (SRFECC) as part of a region wide purchase to greatly enhance the 1

Page 51 ends

01/09/2024 Item No.9.
capabilities and speed that emergency incidents are dispatched.

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

Section 2.36.140, Sole Source procurement of the Folsom Municipal Code states prior to submitting a purchase request, the requesting department shall conduct a survey of available sources to determine whether there is only 1 source for the required supply, equipment, service or construction item. After review of this request by the purchasing agent and the finance director and approved by the city manager, a contract shall be awarded without competition. The purchasing agent, or his/her designee, shall conduct negotiations, as appropriateo as to price, delivery and terms. The requesting department shall prepare a waiver of bid and submit it to the purchasing agent for filing with the city clerk. (Ord.723 $ 3 (part), 1991)

ANALYSIS
Fire Department staff did not solicit bids from fire station alerting companies due to Westnet, Inc. being the sole source provider for emergency alerting in the Sacramento region. Department staff received a quote for Fire Station No. 34 from Westnet, Inc. to include installation, one year of technical support, and an on-site warranty.

The Fire Department has found the quote to be in order and recommends that the contract be awarded to Westnet, Inc. Staff will use the City's standard agreement in a form acceptable to the City Attorney.

FINANCIAL IMPACT
The contract with Westnet, Inc. would be authorized for $119,121.86 with a5Yo contingency amount of $5,956.09 for a total amount not to exceed $125,077.95.

Funds in the amount of $125,077.95 are budgeted and available in The Folsom Plan Area Fire Station No. 34 project (project FD2234). The project is included in the Fiscal Year 2023-24 Capital Improvement Plan utilizing impact fees and was approved with Resolution No. 11022 on April 11,2023.
2 Page 52
01/09/2024 Item No.9.

ENVIRONMENTAL REVIEW
This report concerns administrative activities that do not constitute a "project" as defined by section 15378 of the California Environmental Quality Act (CEQA) Guidelines and is otherwise exempt pursuant to sections 15061(bX3) and 15378(bX2).

ATTACHMENTS

1. Resolution No. I1150 - A Resolution Authorizingthe City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 34 First-In Fire Station Alerting System

2. Waiver of Bid Notification - Westnet First-In Alerting, Inc. - Station 34 Submitted,
Ken Cusano, Fire Chief
a
-) Page 53
01/09/2024 Item No.9.

Attachment I
Resolution No. 11150 - A Resolution Authorizingthe City Manager to Execute an Agreement with Westnet, Inc. for Fire Station No. 34 First-In Fire Station Alerting System

Page 54 ends

01/09/2024 Item No.9.

RESOLUTION NO. 11150

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WESTNET, INC. FOR FIRE STATTON NO. 34 FIRST-IN FIRE

STATION ALERTING SYSTEM
WHEREAS' the City of Folsom desires to contract for fire station alerting for Fire Station No.34; and
WHEREAS, this project was sole sourced for a bid quote with Westnet, Inc. in the amount of $119,121.86 with a 5o/o contingency in the amount of $5,956.09 for a total amount of 5125,077.95; and
WHEREAS, funds in the amount of $125,077.95 are budgeted and available in The Folsom Plan Area Fire Station No. 34 project (project FD2234), which is included in the Fiscal Year 2023-24 Capital Improvement Plan utilizing impact fees, and was approved with Resolution No. I 1022 onApril 1 l, 2023; 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 Westnet, Inc. for Fire Station No. 34, for First-In Fire Station Alerting System, for a total amount not to exceed $125,077.95.

PASSED AND ADOPTED this 9th day of January 2024, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 11150
Page I of 1 Page 55
01/09/2024 Item No.9.

Attachment 2
Waiver of Bid - Westnet First-In Alerting, Inc. - Station 34

Page 56 ends

01/09/2024 Item No.9.

DocuSign Envelope lD: 7E076F'lF-9850-4776-BA3D-DBEC7C331 18A Memo
To
From:

Date
F'OLsl('nI
Christa Freemantle, City Clerk
Ken Cusano, Fire Chief
December 4,2023
Subject Waiver of Bid - Westnet First ln Alerting, lnc. - Station 34 This shall serve as a "Waiver of Bid Notification" for Sole Source procurement for the purchase and installation of station alerting equipment at Fire Station No. 34, as required by Section 2.36J40 of the Folsom Municipal Code.

Section 2.36.140, So/e Source procurement of the Folsom Municipal Code slafes prior to submitting a purchase request, the requesting department shall conduct a suruey of available sources to determine whether there is only 1 source for the required supply, equipment, seruice or construction item. After review of this request by the purchasing agent and the finance director and approved by the city manager, a contract shall be awarded without competition. The purchasing agent, or his/her designee, shall conduct negotiations, as appropriate, as to price, delivery and terms. The requesting depaftment shall prepare a waiver of bid and submit it to the purchasing agent for filing with the city clerk. (Ord.723 S 3 (part), 1991)
The Folsom Fire Department along with the regional agencies exclusively utilize Westnet First ln alerting systems in allfire stations. The Sacramento Regional Fire and EMS Communication Center supporting dispatch services for the regional departments communicates directly to each Fire Station by operating a proprietary Westnet Server.

Accordingly, the use of an alerting system other than Westnet at any of our stations would eliminate our dependable emergency alerting ability. Fire Station No. 34 requires a Westnet Fire Station alerting system to be installed and completed during the construction phase.

The Fire Department is requesting approval for sole source procurement through Westnet First ln Alerting, lnc. for professional services equipment and installation to Fire Station No. 34. The Fire Department hereby requests this waiver of bid be approved to remain in effect through the completion of the contract.

The project is included in the Fiscal Year 2Q23-24 Capital lmprovement Plan utilizing impact fees and approved with Resolution No. 11022 on April 11,2023. The Folsom Plan Area Capital lmprovement Fund (Fund 472) has sufficient funds budgeted and available.

Page 57 ends

01/09/2024 Item No.9.

DocuSign Envelope lD: 7E076Fl F-9850-4776-BA3D-DBEC7C331 1 8A t 12t4t2023
Date
L2/L3/2023
Date
L2/13/2023
Date
Ken Cusano, Fire Chief
Stacey i, Finance Director
b$
dA* h"lu,w*
ne ersen, City Manager
cc: City Clerk, Original
City Manager
ty:

Page 58 ends

01/09/2024 Item No.9.

Folsom City Council
Staff Re rt
MEETING DATE: U9/2024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11151 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering & Asphalt, Inc. for the Johnny Cash Trail Cash's Pick No. 1 Project Construction and Appropriation of Funds
FROM: Parks and Recreation Department

RECOMMENDATION / CITY COUNCIL ACTION
The Parks and Recreation Department recommend that the City Council pass and adopt Resolution No. 1 1 151 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering & Asphalt, Inc. for the Johnny Cash Trail Cash's Pick No. 1 Project Construction and Appropriation of Funds.

BACKGROUND / ISSUE
On October 4, 2014, the City of Folsom proudly opened Phase 1 of the Johnny Cash Trail which included al.2-mile segment of Class I bike trail that connects the Folsom Lake Trail by way of a new bike/pedestrian over-crossing now known as the Johnny Cash Trail Bridge. This phase represented the beginning of the legendary trail with plans to create a world class linear public art experience to honor the legendary man in black and his historical tie with the City of Folsom.

On October 14,2017, the City of Folsom finalized the trail and held a grand opening for the completion of the Johnny Cash Trail that included Robbers' Ravine Bridge that spans over the ravine separating the municipal center and Folsom Prison.

The Johnny Cash Trail Art Experience Master Plan identifies the 2.5 miles oftrail and the eight art experience pieces that will be located along the legendary trail when completed. This 1

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01/09/2024 Item No.10.

Master Plan assists in the guiding decisions for the completion of the trail and the iconic eight art pieces that will line the trail.

OnNovember 3, 2017, the City of Folsom and Romo Studios, LLC, went into contractto produce a mold for the "guitar pick" art pieces to be placed on the trail when funds were available. This mold known as Cash's Pick No. I and No. 2 is the first step in preparing this art piece to be placed on the trail when funding was available. The Pick No. I art piece is complete and ready to be installed.

The city has been working with RRM Design Group to complete landscape design, construction drawings,andartexperience placements along the trail for future implementation.

RRM Design Group updated the trail art experience map on August 27,2018, that shows the placement of all eight art pieces and will be the city's guiding reference for Cash's Pick No. 1 and all future art experience pieces. Johnny Cash's Pick No. 1 is located at the western end of the Johnny Cash Trail adjacent to Riley Street/Greenback Lane above the Rainbow Bridge.

This prominent location will be viewed by approximately 20,000 cars per day, as well as many hundreds of pedestrians and cyclists.

This construction project under consideration includes, but is not limited to, clearing and grubbing, placement of concrete paving, decorative sandblasting of paving, installation of a concrete footing and sleeve for the sculpture, a20' diameter cast iron "record deck" which is flush with the concrete paving, and miscellaneous site furnishings. In addition, the selected contractor will coordinate the placement of the bronze pick sculpture (already completed under separate contract) with the artist.

On December 13, 2023, this project was presented to the Arts and Culture Commission for their consideration and recommendation. The Arts and Culture Commission supported the project construction for Cash's Pick No. I and forwarded a recommendation to the Folsom City Council for approval of a resolution to execute a contract with Central Valley Engineering and Asphalt, Inc. for the construction of Cash's PickNo. 1.

POLICY / RULE
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 the City Council.

ANALYSIS
Parks & Recreation Department staff prepared the bid package and solicited bids via the City website and www.CIPLIST.com. The project was issued for bids on August 14,2023. A total of three bids were received on September 12,2023.
2 The three base bids received are:

Page 60 ends

01/09/2024 Item No.10.
o Central Valley Engineering & Asphalt,Inc.
o B&M Builders
o Pro Builders
$299,769
$302,750
$368,000
Staff reviewed the submittal by Central Valley Engineering & Asphalt and found their bid to be responsive to the Request for Bid. The Engineer's Estimate for this project was $240,000.

The Parks & Recreation Department has found the bid to be in order and recommends that the contract be awarded to the responsive low bidder, Central Valley Engineering & Asphalt, Inc.

Staff will use the City's standard construction agreement in a form acceptable to the City Attomey.

F'INANCIAL IMPACT
The Parks and Recreation Department recommends that the contract be awarded to the lowest responsible, responsive bidder, Central Valley Engineering & Asphalt, Inc. for $299,769 with the project budgeted for this agreement in the amount of 329,745 which will include a l)Yo contingency in the amount of $29,977.

The Johnny Cash Trail Art Experience Project (PK1502) is included in the FY 2023-24 Capital Improvement Plan with a total project budget of $1,028,764,but is only partially funded. For the cost construction of the Johnny Cash Trail Cash's Pick No. I staff is requesting to transfer fund balance from the Art Enhancement Fund (Fund 219) to the Johnny Cash Trail Art Experience Fund (Fund 414) in the amount of $29,782. Additionally, staff is requesting an appropriation of $122,245 in the Johnny Cash Trail Art Experience Fund (Fund 414). The remaining $207,500 of construction costs project is funded by ARPA funding previously identified for Cash's Pick No.1 ($155,000) and Johnny Cash Marketing ($52,500).

Funds are currently available in the Art Enhancement Fund (Fund 219) for the fund balance transfer. Once the transfer is approved funds will be available in the Johnny Cash Trail Art Experience Fund (Fund 4I4) for the appropriation.

ENVIRONMENTAL REVIEW
The Johnny Cash Pick No.1 was included in the Johnny Cash Trail Art Experience Master Plan Mitigated Negative Declaration (MND) in compliance with the California Environmental Quality Act (CEQA). The MND was approved by the City Council on September 6,2018, by ResolutionNo. 10182
aJ

ATTACHMENT

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01/09/2024 Item No.10.

Resolution No. 1 I 151 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Central Valley Engineering & Asphalt, Inc. for the Johnny Cash Trail Cash's Pick No. 1 Project Construction and Appropriation of Funds Submitted,
Kelly Gorualez, Parks and Recreation Director
4 Page 62
01/09/2024 Item No.10.

RESOLUTION NO. 11151

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSTRUCTION AGREEMENT WITH CENTRAL VALLEY ENGINEERING & ASPHALT,INC., FOR THE JOHNNY CASH TRAIL CASH'S PICK NO. 1 PROJECT

CONSTRUCTION AND APPROPRIATION OF F'UNDS
WHEREAS' the City of Folsom desires to construct the Johnny Cash Trail Cash's Pick No. 1; and
WHEREAS, Parks & Recreation Staff prepared the bid package, solicited sealed bids, and received three bids on September 12,2023, with Central Valley Engineering & Asphalt, Inc. being the lowest responsive and responsible bidde4 and
WHEREAS, on December 13, 2023, the Arts and Culture Commission forwarded a recommendation to the City Council for approval of a Resolution to execute a contract with Central Valley Engineering and Asphalt, Inc. for the construction of Cash's Pick No. 1; and WHEREAS, the Johnny Cash Trail Art Experience Project (PKl502) is included in the FY 2023-24 Capital Improvement Plan with a total project budget of $1,028,764,but is only partially funded; and
WHEREAS, for the cost of construction of the Johnny Cash Trail Cash's Pick No. 1 staff is requesting to transfer fund balance from the Art Enhancement Fund (Fund2I9) to the Johnny Cash Trail Art Experience Fund (Fund 4I4) in the amount of $29,782. Additionally, staff is requesting an appropriation of $122,245 in the Johnny Cash Trail Art Experience Fund (Fund 414); and
WHEREAS, funds are currently available in the Art Enhancement Fund (Fund2l9) for the fund balance transfer, and once the transfer is approved funds will be available in the Johnny Cash Trail Art Experience Fund (Fund 414) for the appropriation, and there is sufficient ARPA funding available; 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 Central Valley Engineering & Asphalt, Inc. for the Johnny Cash Trail Cash's Pick No. 1 construction in the amount of $329,745 which includes a ten percent contingency in the amount of $29,977.

BE IT FURTHER RESOLVED that the Finance Director is authorized to transfer fund balance in the amount of $29,782 from the Arts Enhancement Fund (Fund 219)to the Johnny Cash Trail Art Experience Fund (Fund 414), and to appropriate 5122,245 in the Johnny Cash Trail Art Experience Fund (Fund 414), and $207,500 ARPA Funding, for a total project budgetof $329,745.

PASSED AND ADOPTED this 9ft day of January 2024, by the following roll-call vote:

Resolution No. 11151
Page I of2 Page 63
01/09/2024 Item No.10.

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
ResolutionNo. 11151

Page 2 ends

01/09/2024 Item No.10.

Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. i ll52 - A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Ghirardelli Associates. for Inspection and Resident Engineer Services for the East Bidwell/Iron Point Road/US50 Onramp Improvement Project, ProjectNo. PW2203 and Appropriation of Funds.

BACKGROUND / ISSUE
The East Bidwell/Iron Point Road/USSO Onramp Improvement Project will convert one westbound through lane on Iron Point Road to an additional left turn lane creating three left turn lanes to East Bidwell Street. The project will also convert the westbound high occupancy vehicle (HOV) lane to a metered general-purpose (GP) lane.

The City of Folsom is leading the construction of this project in collaboration with Caltrans.

With oversight by city staff, the construction management firm will be responsible for all documentation required by Caltrans, along with inspection and materials testing.

MEETING DATE: U9/2024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 Il52 - A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with Ghirardelli Associates, Inc. for Inspection and Resident Engineer Services for the East Bidwell/Iron Point Road/US50 Onramp Improvement Project, Project No. PW2203 and Appropriation of Funds
F'ROM: Public Works Department
1

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01/09/2024 Item No.11.

The Public Works Department does not have staffwith sufficient training and availability to provide construction management for this project. Therefore, a consultant with experience and iraining must be retained to oversee the project and ensure that it is completed efficiently.

POLICY / RULE
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 $70,952 or greater shall be awarded by Crty Council.

ANALYSIS
On October 12, 2023, Public Works staff prepared and publicly advertised a Request for Proposals (RFP) from firms pre-selected on the City's On-Call Construction Inspection and Materials Testing of Various Capital Improvement Projects list to provide construction management, inspection, and materials testing services. The original pre-selected list was advertised in March of 2023 on ClPlist.com, an online clearing house that Cily Staff uses to distribute RFPs, and was received by over 40 plan holders, including several plan rooms that provided the information to interested parties. The City received nine proposals from the iriginal advertisement, and shortlisted three firms. On October 12th City Staff requested proposals from the three shortlisted firms. On October20,2023, atotal of two proposals were ieceived. A review panel consisting of three Public Works engineers separately evaluated and scored the received RFPs. The summary of the review scofes is as follows:

Firm Name
Unico Engineering, Inc.

Ghirardelli Associates, Inc.

Total Score
81 85
The review panel analyzed the proposals and interviewed the project teams from each consultant. The methods of analysis are consistent with Chapter 10 of the Caltrans Local Assistance Project Manual requirements for consultant selection. Ghirardelli Associates, Inc' was chosen as the preferred consultant for this project and a contract scope and fee in the amount of $75,142.29 was negotiated for the East Bidwell/Iron Point Road/US50 Onramp Improvement Project.

Staff will use the City's standard agreement in a form acceptable to the City Attorney.

FINANCIAL IMPACT
The contract with Ghirardelli Associates, Inc. would be authorized in the amount of 875,142.29.

Project costs to date including encumbrances total approximately 8246,454. The East Bidwell/Iron Point Road/US50 Onramp Improvement Project, (PW2203) was included in the FY 2023-24 Capital Improvement Plan with a total project budget of 2 Page 66
01/09/2024 Item No.11.
5546,454. At the September 12,2023, City Council meeting an additional appropriation in the amount of $387,500 was approved for a revised total project budget of $933,954.

Staff is requesting an appropriation of $75,143 for the contract with Ghirardelli Associates, Inc. in the Transportation Improvement Fund (Fund 446) for a total project budget of $1,009,097. Funds are currently available in the Transportation Improvement Fund (Fund 446) for the additional appropriation.

ENVIR AI, REVIEW
This project has been deemed Categorically Exempt from California Environmental Quality Act (CEQA) environmental review based on Class 1: Existing Facilities.

ATTACHMENT
Resolution No. 11152 - A Resolution Authorizingthe City Manager to Execute a Consultant and Professional Services Agreement with Ghirardelli Associates for Inspection and Resident Engineer Services for the East Bidwell/Iron Point RoadAJS5O Onramp Improvement Project, ProjectNo. PW2203 and Appropriation of Funds.

Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J Page 67
01/09/2024 Item No.11.

RESOLUTION NO. III52

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH
GHIRARDELLI ASSOCIATES,INC. FOR INSPECTION AND RESIDENT ENGINEER SERVICES FOR THE EAST BIDWELL/IRON POINT ROADruS5O ONRAMP IMPROVEMENT PROJECT, PROJECT NO. PW2203 AND APPROPRIATTON OF FUNDS
WHEREAS, construction on the East Bidwell/Iron Point RoadAJS5O Onramp Improvement Project is scheduled to begin in January 2024 andwill require full time construction inspection staff and materials testing; and
WHEREAS, Public Works staff prepared and publicly advertised a Request for Qualifications from firms pre-selected on the Crty's On-Call Construction Inspection and Materials Testing of Various Capital Improvement Projects list on October 12,2023, and received Statement of Qualifications on October 20,2023 from two firms, Unico Engineering, Inc. and Ghirardelli Associates, Inc.; and
WHEREAS, a review panel consisting of three Public Works engineers analyzed the proposals and interviewed the project team from each consultant using methods consistent with Chapter 10 of the Caltrans Local Assistance Project Manual requirements for consultant selection; and
WHEREAS, staff selected Ghirardelli Associates, Inc. based on proposed project staff, project understanding, and experience with similar types of projects, for a not to exceed amount of $75,142.29; and
WHEREAS, this project was included in the FY 2023-24 Capital Improvement Plan and has a total project budget of $933,95 4. and
WHEREAS, an additional appropriation of funds in the amount of $75,143 is needed for a revised project budget of $1,009,097 and sufficient funds are available in the Transportation Improvement Fund (Fund 446) for this additional appropriation; and WHEREAS, the agreement will be in a form acceptable to the City Attomey NOW, THEREFORE' BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a Consultant and Professional Services Agreement with Ghirardelli Associates, Inc. for Construction Inspection and Materials Testing for the East Bidwell/Iron Point Road/US50 Onramp Improvement Project in the amount of $75,142.29.

BE IT FURTHER RESOLVED that the Chief Financial Officer is authorized to appropriate $75,143 for this agreement. The appropriation will be from the Transportation Improvement Fund (Fund 446) inthe amount of $75,143 for a total project budget of $1,009,097.

PASSED AND ADOPTED this 9ft day of January 2024,by the following roll-call vote:

Resolution No. 11152
Page I of2 Page 68
01/09/2024 Item No.11.

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
ResolutionNo. 11152
Page2 ofZ Page 69
01/09/2024 Item No.11.

This page is intentionally Ieft blCInk
to facilitate double- sided printing .

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01/09/2024 Item No.11.

Folsom City Council
Staff Re ort

RECOMMENDATION / COIINCIL ACTION
Staff recommends extending the existing contract with Terracare for 6 months and that the City Council adopt Resolution No. 11153 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Terracare Associates LLC for the Maintenance of Parks, Trails and Pet Stations, Streetscapes/Public Works areas for the City of Folsom.

BACKGROUND / ISSUE
The City entered into a 2-year maintenance agreement with Terracare Associates in January of 2020 (Contract File No. 172-2120-004). Since that time there have been two amendments to the agreement extending its terms for additional one-year periods, the last of which is set to expire December 3I,2023. Earlier this year staff assembled and posted an RFP advertising the availability of this contract as well as contacted maintenance firms that had expressed interest in the scope of work throughout the contract period. Upon receipt and review of the submitted proposals it became apparent to staff that sufficient funds would not be available in the current fiscal year, and that this work would need to be readvertised with a reduced scope to match the existing available funds. At the December 12, 2023, City Council meeting the council approved Resolution No. 1 Il43 - A Resolution Rejecting All Proposals for Maintenance of Parks, Trails & Pet Stations, and Public Works Areas formally rejecting all submitted bids for these service areas. We then approached our current contractor and discussed what services they may be able to provide for the dollar amount we have available. We were able to come to 1 MEETING DATE: U9t2024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11153 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with
Tenacare Associates LLC for the Maintenance of Parks, Trails and Pet Stations, Streetscapes/Public Works areas for the City of Folsom
FROM: Parks and Recreation Department

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an agreement on a revised level of service for the remaining 6 months of the current fiscal year that is more in alignment with funds available, this is further described in the analysis section of this report.

POLICY / RULE
In accordance with Chapter 2.36.80 of the Folsom Municipal Code, contracts for supplies, equipment, services, and construction with an estimated value of $70,952 or greater shall be awarded by the City Council.

ANALYSIS
As described in the background section the city does not currently have sufficient funds to execute a new agreement with our current level of service. In this section, we have outlined the reduction in services that were necessary to get our existing budget to balance with the scope of services rendered under this agreement. These reductions specifically exclude programmable sports fields, focusing solely on general maintenance areas. This reduced service level will also be our starting point as we begin to assemble a revised RFP package that will be completed, posted, and awarded over this 6-month amendment period. The services that will be removed from our existing scope through this amendment and incorporated into our new revised RFP are described below:
o Removing all fertilization requirements, our current specification requires a minimum of 4 applications per year at a rute of 6 lbs. per 1,000 sqft. o Removing broadleaf, and pre-emergent application. Weed control has traditionally been achieved by a combination of pre and post emergents. o Reducing mowing frequency from weekly to Bi-weekly'
o Reducing edging frequency from weekly to monthly.
o Reduce Pruning from seasonally to annually.

Something of note is that as part of our new bid specification, we will be providing a bid sheet that will allow contractors to include costs on the above-described services as ad-alternates so in the case the proposals come in below budget, the city will have the opportunity to incorporate some of the removed or reduced services into the agreement.

IMPACT
Adequate funding for this amendment and the maintenance of the Parks, Trails/Pet Stations, and Public Works Areas is available in the remainder of Fiscal Year 2023-24 inthe General Fund (Fund 010) within the Municipal Landscape Services Division for the amount of $419,132.40, the Parks and Recreation Department's allocation of ARPA funding for the amount of $87,933.00, the Public Works Streets Division for the amount of $38,220.00, and the Environmental Water Resources Department (Fund 520) for the amount of $2,922.00. 2 Page 72
01/09/2024 Item No.12.
$4r9,132.40Remaining parks maintenance budget
$87,933.00ARPA fundine for parks maintenance contract:
$38,220.00Remaining Public Works landscape budget:
$2,922.00Remaining EWR landscape budget:
$548,207.40Total Amendment cost:
).:, l)\ r. i i. | :l

ATTACHMENT
Resolution No. I 1 1 5 3 - A Resolution Authori zing the City Manager to Execute an Amendment to the Agreement with Terracare Associates LLC for the Maintenance of Parks, Trails and Pet Stations, Streetscapes/Public Works areas for the City of Folsom Submitted,
Kelly Gonzalez, Parks & Recreation Director
a
-) Page 73
01/09/2024 Item No.12.

RESOLUTION NO. 11153

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AMENDMENT TO THE AGREEMENT WITH TERRACARE ASSOCIATES LLC FOR

THE MAINTENANCE OF PARKS, TRAILS AND PET STATIONSO

STREETSCAPES/PUBLIC WORKS AREAS FOR THE CITY OF FOLSOM
WHEREAS' the City of Folsom currently provides the maintenance and servicing of Parks, Trails and Pet Stations, and streetscapes/public works areas throughout the City and contracts with the private sector to provide maintenance services for said areas; and WHEREAS, the current maintenance services agreement is set to expire on December 31, 2023; and
WHEREAS, the City of Folsom desires to amend the Maintenance Services Agreement with Terracare Associates for an additional 6-month period; and WHEREAS' funds for the contract amendment are budgeted and available in the General Fund (010) and the Water Operating Fund (Fund 520) for Fiscal Year 2023-24 in an amount totaling $548,207.40;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an Amendment to the Maintenance Services Agreement, in a form acceptable to the City Attorney, with Terracare Associates to continue additional landscape maintenance services in the amount of $548,207 .40 for scheduled services for the period of January l, 2024 through June 30, 2024.

PASSED AND ADOPTED this 9ft day of January 2024 by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s)
Councilmember(s)
Councilmember(s)
Councilmember(s)
Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK

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Folsom City Council
Staff Re ort
MEETING DATE: U912024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. I 1154 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC dba Precision Concrete Cutting for the District 2 Sidewalk Offset Repair Project
FROM: Public Works Department

RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. lll54 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC dba Precision Concrete Cutting for the District 2 Sidewalk Offset Repair Project

BACKGROUND / ISSUE
One goal of the Public Works Department is to maintain the sidewalks throughout the city in a safe manner. This is accomplished utilizing various inspection methods, ranging from hiring third party firms to conduct thorough inspections of the sidewalk network, receiving notifications from iesidents through SeeClickFix, or being observed by city staff during their daily work assignments.

In November 2022, the City contracted with Precision Emprise LLC, dba Precision Concrete Cutting (PCC) to inspect and document the entirety of sidewalks in Council District 2. This inspection identified each sidewalk distress (such as uplifts, cracking, etc.) and provided a report with these findings and repair quantities to the city.

Staff reviewed the findings and determined it would be in the City's best interest to permanently remove and replace all sidewalk locations with an uplift greater than 1.5 inches. This work will be performed through the ongoing On-Call Concrete and Asphalt Maintenance contract with Central Valley Engineering and Asphalt.
1

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All remaining sidewalk uplifts that are perpendicular to the sidewalk and between 0.5 inches to

1.5 inches tall will be removed as part of this contract through PCC's patented removal process of smooth cutting the lifted concrete. In total, this contract will address 3,101 identified lifts. While this is not a permanent solution to these uplifts, the majority of which are caused by private property ffee roots, these repairs will alleviate the existing tripping hazatds until the funds are available for permanent rePairs.

Pending approval of this contract, these repairs are expected to begin in February 2024 andbe completed by April 2024.

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
precision Concrete Cutting utilizes multiple patented processes for concrete cutting that leaves a smooth surface and reduces the dust associated with these types of repairs. Many other sidewalk uplift repair processes leave a heavily textured surface that does not fully eliminate the uplift and creates excessive dust in the process
Staff is recommending this contract be awarded through Sole Source Procurement in compliance with Section 2.36.140 of the Folsom Municipal Code based on the attached letter identiffing PCC's patented processes. Staff has researched and was unable to find any other companies that perform sidewalk uplift removals through the process of concrete cutting.

Staff will use the Crty's standard Construction Agreement in a form acceptable to the City Attorney.

FINANCIAL IMPACT
The contract with Precision Emprise LLC, dba Precision Concrete Cutting would be authorized for $323,877.94 with the project budgeted for a total of $356,265.73, which will include a ten percent contingency amount of $32,387.79 for potential change orders.

Funds in the amount of 5356,265.73 are budgeted and available in the City-Wide ADA Compliance Project, Project No. 2409, utilizing SBl Road Maintenance and Rehabilitation Fund (Fund 235) andMeasure A (Fund 276).

ENVIRONMENTAL REVIEW
Al1 items of work are categorically exempt from environmental review 2 Page 76
01/09/2024 Item No.13.

ATTACHMENTS
l. Resolution No. lll54 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting for the District 2 Sidewalk Offset Repair Project

2. Precision Concrete Cutting - Patent Information Letter Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
J Page 77
01/09/2024 Item No.13.

Attachment 1
Resolution No. IlI54

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01/09/2024 Item No.13.

RESOLUTION NO. 1II54

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

CONSTRUCTION AGREEMENT WITH PRECISION EMPRISE LLC' DBA
PRECISION CONCRETE CUTTING FOR THE DISTRICT 2 SIDEWALK

OFFSET REPAIR PROJECT
WHEREAS, the City of Folsom desires to remove sidewalk uplifts in Council District 2 as identified in the report titled Folsom District 2 Assessment Report Y"" to 1.5" by Precision Concrete Cutting; and
WHEREAS, the contract will be executed in compliance with Folsom Municipal Code Section 2.36.140 - Sole Source Procurement based on the patented method of repair; and WHEREAS, staff was unable to locate another vendor that performs these types of repairs with the preferred methodology that Precision Concrete Cutting utilizes; and WHEREAS, funds in the amount of $356,265.73 are budgeted and available in the City-Wide ADA Compliance Project, Project No. 2409 utilizing SBl Road Maintenance and Rehabilitation Fund (Fund 235) andMeasure A (Fund 276); and WHEREAS, the contract will be in a form acceptable to the City Attorney:

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting for the District 2 Sidewalk Offset Repair Project in the amount of $323,877.94,wilhthe budgeted amount to include a ten percent contingency for atotal not-to-exceed amount of $356,265.73.
pASSED AND ADOPTED on this 9ft day of January 2024, by the following roll-call vote
AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
ResolutionNo. lll54
Page I of 1 Page 79
01/09/2024 Item No.13.

Attachment 2
Precision Concrete Cutting - Patent Information
Letter

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01/09/2024 Item No.13.
3191 N. Ganyon Road Provo, UT 84604
P: (801) 224-0025 F: (801) 224-0062
www-SaleSidewalks.com
October 4,2023
Ryan Chance: P.E.

City of Folsom
50 Natoma St.

Folsom, Ca.95630
RE: Patent information
To Whom It May Concern:

Due to the nature of our business and our patented equipment and methods, frequently we have been asked to provide a letter stating that our technology relies upon patents that have been issued by the US Patent and Trademark office.

Precision Concrete Cutting is the only company authorized to use the patented equipment and method for removing sidewalk hip hazards as described by the following patent numbers:

U.S. Pat. No.6,827 ,074
U.S. Pat. No.6,896,604
U.S. Pat. No.7000,606
U.S. Pat. No.7,143,760
U.S. Pat. No.1,20L,644
U.S. Pat. No.7,402,095
U.S. Pat. No. 9,759,559
U.S. Application Pat. No. 161670,737 - This patent allows our unique method of trip hazard repair to achieve greater than 90% dust suppression and collection, which is unique to our operation.

If you have any questions or comments please feel free to give me a call.

Kind Regards,
fu ftfrl'k
Aaron Ollivier, CEO
Precision Concrete Cutting
3l9l N. Canyon Rd
Provo, Utah 84604
(801) 373-6060

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Il()I,S()M
Folsom City Council
Staff Re rt
MEETING DATE: U912024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11155 - A Resolution Approving the Application for Grant Funds from the Caltrans Sustainable Transportation Planning Grant Program for a Sustainable Transit Connections to Health Services Planning and Feasibility Study
FROM: Community Development Department

RECOMMENDATION / CITY COUNCIL ACTION
Approve Resolution No. 11155 - Approving the Application for Grant Funds from the Caltrans Sustainable Transportation Planning Grant Program for a Sustainable Transit Connections to Health Services Planning and Feasibility Study

BACKGROUND / ISSUE
The Sacramento Regional Transit District (SacRT) operates the bus service for the City of Folsom.

Folsom Stage Line Routes 10, 20, and 30 currently serve the area north of Highway 50. There are currently no fixed bus routes serving the Folsom Plan Area.

In April of 2010, a Transit Master Plan was prepared for the Folsom Plan Area. The Transit Master Plan identifies proposed roadways to be used by future bus transit routes, along with potential locations for bus turnouts, pedestrian shelters, and bus transfer stations. The Transit Master Plan also identifies a "high capacily" bus route along Alder Creek Parkway that would link the residential areas with the major commercial areas in the Folsom Plan Area and the Hazel Avenue light rail station. According to the Transit Master Plan, the principal land use factors that promote transit ridership are density, diversity (land use mixture), and pedestrian friendly design that encourages walking. The Transit Master Plan anticipates that the transit system would be developed in phases as future development occurs within the Folsom Plan Area to support transit ridership.

SacRT operates light-rail transit (LRT) service in Sacrament County. LRT service is provided on the Gold Line from downtown Sacramento along the Folsom Boulevard/Highway 50 corridor to 1

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01/09/2024 Item No.14.
the Historic Folsom light-rail station, with local stops at Hazel Avenue, Iron Point Road, Glenn Drive and Historic Folsom. SacRT intends to add a second track in section of the Gold Line route in order to operate a l5-minute service between Sunrise Station in Rancho Cordova and Historic Folsom Station in Folsom, rather than the existing 30-minute service. The construction of the second track is expected to begin in January 2024 and last through June 2024.

Over the past year, the Community Development Department has initiated a collaboration with the Sacramento Regional Transit District (SacRT) to discuss various planning projects. These include the current General Plan and Folsom Plan Areas Specific Increased Residential Capacity Project, the Gold Line Double Tracking Project, and proposed and approved development projects in the Folsom Plan Area, such as the UC Davis and Dignity Health medical campuses. The objective of this collaboration is to pinpoint opportunities for enhancing sustainable transit connections in the city and to devise strategies for the execution of the Folsom Plan Area Transit Master Plan. The collaboration has led staff and SacRT to conclude that the successful execution of the Folsom Plan Area Transit Master Plan requires ongoing commitment and cooperation with SacRT and local partners, particularly our medical facility partners who stand to benefit significantly from the new transit service. With four major medical facilities (UC Davis, Dignity Health, Kaiser Permanente, and Sutter Health) planned, approved, or under construction in the city near the intersection of US Highway 50 and East Bidwell Street, planning for a transit route that connects these four new medical center campuses to sustainable transit connections, including Regional Transit's Gold Line, is important for Folsom residents, employees as well as those living outside the area.

Staff is now seeking the City Council's approval to apply for funds from the Caltrans Sustainable Transportation Grant Program. These funds will be used to carry out a planning and feasibility study for transit connections to health services and other key locations in the city. The study aims to work with local health service partners and others to develop recofirmendations for the alignment and station locations; create station area plans; conduct extensive community outreach; and establish an implementation and funding strategy.

POLICY / RULE
The California Department of Transportation requires that the governing body of the applicant endorse the application through a resolution and pledge the matching funds before the application is submitted.

ANALYSIS
The proposed Sustainable Transit Connections to Health Services Planning and Feasibility Study, in partnership with the Sacramento Regional Transit District (SacRT), aims to proactively plan for sustainable transit connections that will support the planned future growth of the city. The goal is to integrate various transportation modes, enhance transit station connections, improve access to medical facilities, and provide easy access to regional transit services in Folsom and the vicinity.

This initiative will increase accessibility to the regional transit system for all (including older adults and people with disabilities), reduce traffic congestion, lower greenhouse gas emissions, and improve community health.
2 Page 84
01/09/2024 Item No.14.

The study is timely due to several factors. First, the enhancements to the Regional Transit's Gold Line will facilitate a l5-minute light rail service in our region by 2024. Second, the four new medical facilities we aim to collaborate with are still in the early stages of development and planning. This allows for seamless integration with other transport modes to create safe, effective, and convenient transit stop access, thereby promoting ridership. Lastly, Alder Creek Parkway is yet to be completed, providing an opportunity for efficient resource and space utilization by integrating the transit infrastructure into the final street design before construction. These factors offer a unique opportunity to plan transit connections and transit stops/stations early on, providing future sustainable regional transit access new medical facilities, jobs, and services.

This initiative will follow SacRT's successful collaboration with UC Davis and others in launching the Causeway Connection bus service in2020link, linking UC Davis and Sacramento, as well as the recent launch of the Elk GroveAJC Davis Medical Center express bus service in 2023.

Additionally, the study will align with several current planning efforts, including, but not limited to the Folsom Light Rail Modemization Double Track Project, SACOG' s Green Means Go Program, and the City's General Plan and Folsom Plan Areas Specific Increased Residential Capacity Project. It will also focus on connecting pedestrian and bike facilities under the city's Active Transportation Plan. The study will encompass technical analysis, traffic modeling, station area planning, public outreach, and implementation and funding strategies, with support from multiple stakeholders.

Adopting this resolution is consistent with the City of Folsom's General Plan Goal to support and maintain a comprehensive, safe, and integrated transit system that responds to the needs of all residents and allow frequent and convenient travel through the city and region and aligns with the objectives of the Sustainable Transportation Grant.

F'INANCIAL IMPACT
The estimated total cost of the comprehensive planning and feasibility transit connection study is $250,808, and the City is requesting $225,000 from the Caltrans sustainable transportation planning grant, which requires an 11.47 percent local match. The City would contribute its local match in the form of staff time including acting as project manager overseeing the consultant conducting the planning and feasibility transit connections study.

There is no impact on the General Fund if the grant award is accepted. The grant would be disbursed to the City on a reimbursement basis. Consultant costs would be expended from Fund 451 (Light Rail Impact Fee Fund) and repaid as reimbursement from Caltrans when received. In addition,

ENVIRONMENTAL REVIEW
The grant request and proposed Sustainable Transit Connections to Health Services Planning and Feasibility Study is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15262, which provides an exemption for feasibility and planning studies for future action.

J Page 85
01/09/2024 Item No.14.

ATTACHMENT
Resolution No. I 1155 - A Resolution Approving the Application for Grant Funds from the Caltrans Sustainable Transportation Planning Grant Program for a Sustainable Transit Connections to Health Services Planning and Feasibility Study Submitted,
Pam Johns, Community Development Director
4 Page 86
01/09/2024 Item No.14.

RESOLUTION NO. 11155

A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS FROM

THE CALTRANS SUSTAINABLE TRANSPORTATION PLANNING GRANT

PROGRAM FOR A SUSTAINABLE TRANSIT CONNECTIONS TO HEALTH

SERVICES PLANNING AND FEASIBILITY STUDY
WHEREAS, on October 5, 2023, the California Department of Transportation (Caltrans) released the FY 2024-25 Grant Application Guide/Call-for-applications; and WHEREAS, up to $29.5 million in state funds are available for transportation planning projects statewide with this FY 2024-2025 grant cycle; and WHEREAS, the City of Folsom proposes to apply for these funds to conduct a planning and feasibility study for sustainable transit connections that will support planned future growth of the city and increase access to health services, increase accessibility to the regional transit system, reduce traffic congestion, lower greenhouse gas emissions, and improve community health; and WHEREAS, the total grant funding requested is $225,000 with a total project budget of $250,808 ($225,000 plus $25,808 local match in the form of staff time as project manager).

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

1. Approves the filing of the Caltrans Sustainable Transportation Planning Grant Program.

2. Certifies that said applicant has, or will have available prior to commencement of any work on the project included in this application, sufficient funds to operate and maintain the project.

3. Approves the 11.47Vo local grant matching funds in the in the form of staff time dedicated to project management overseeing the consultant conducting the study.

PASSED AND ADOPTED this 9th day of January,2024, by the following roll-call vote AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11155
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h
Folsom City Council
Staff ort
MEETING DATE: U912024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 1 156 - A Resolution Authorizing the City Manager to Execute an Agreement with Hasa, Inc. for the Supply of Sodium Hypochlorite for the Water Treatment Plant
FROM: Environmental and Water Resources Department

RECOMMENDATION / CITY COUNCIL ACTION
The Environmental and Water Resources Department recommends that the City Council pass and adopt Resolution No. 11156 - A Resolution Authorizing the City Manager to Execute an Agreement with Hasa, Inc. for the Supply of Sodium Hypochlorite for the Water Treatment Plant.

BACKGROUND / ISSUE
The City of Folsom receives 100% of its water supply from Folsom Lake. The City's Water Treatment plant treats up to 50 million gallons per day of this supply to provide potable water to its customers. To meet the California Department of Public Health's drinking water standards, the water treatment process uses a combination of flocculation/sedimentation pretreatment, conventional gravity media filters, and disinfection. An essential chemical for this process is sodium hypochlorite.

In an effort to reduce overall chemical costs, the City developed a request for bids to promote a competitive bid environment. Through this process, Hasa, Inc. provided the lowest responsive and responsible bid for providing sodium hypochlorite for use at the City of Folsom Water Treatment Plant.

This resolution will authorize the City Manager to execute an agreement with Hasa, Inc. for the supply of sodium hypochlorite for the Water Treatment Plant. 1

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01/09/2024 Item No.15.

POLICY / RULE
In accordance with Chapter 2.36 of the Folsom Municipal Code, contracts for supplies costing 570,952 or greater shall be awarded by the City Council.

ANALYSIS
In December2023,the city completed the chemical bid documents and publicly advertised for bids on December 5,2023 in the Sacramento Bee, ClPlist.com, and the clty's website. Bids were opened on Decemb er 20, 2023 and Hasa, Inc. was the lowest responsive and responsible bidder for the supply of sodium hypochlorite to the City of Folsom.

The following bids were received by the city on Decemb er 20,2023 for the supply and delivery of sodium hypochlorite for the City of Folsom for two years:

Bidder 2024 Price per
Gallon
2025 Price per
Gallon
Total Bid Price
Hasa,Inc s2.r9 $2.29 $676,880
Thatcher Company of
California,Inc.
$2.ss $2.ss $770,100
Univar Corporation $2.48 $2.68 s779,960
Olin Chemical $2.89 $2.94 $880,530*
*Olin's bid total included an additional "Superfund Excise Tax" amount of $0.004/gal added to the total bid amount Water Treatment plant staff estimates a need for 147,000 gallons of sodium hypochlorite for 2024 and estimat e a 5Yo escalation in demand for 2025 resulting in an assumed quantity of 155,000 gallons.

The Environmental and Water Resources Department recommends that the City Council authorize the City Manager to execute an agreement with Hasa, Inc. for the purchase of sodium hypochlorite for the Water Treatment Plant for the next two years with a total not to exceed contract amount of $676,880.

F''INAN IMPACT
Funds for the purchase of Water Treatment Plant chemicals have been included in the Fiscal Year (FY) 2023-24 operations budget. There are sufficient funds available in the Water Operating Fund if""a 520) in py ZOZZ-24 for this agreement. This agreement will be included in future budget years.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA), as it is related to Section 15301, Existing Facilities. 2 Page 90
01/09/2024 Item No.15.

ATTACHMENT
Resolution No. I I 156 - A Resolution Authorizing the City Manager to Execute an Agreement with Hasa, Inc. for the Supply of Sodium Hypochlorite for the Water Treatment Plant.

Submitted,
Marcus Yasutake, Director

ENVIRONMENTAL AND WATER RESOURCES DEPARTMENT
J Page 91
01/09/2024 Item No.15.

RESOLUTION NO. 11156

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN

AGREEMENT WITH HASAO INC' FOR THE SUPPLY OF SODIUM HYPOCHLORITE

F'OR THE WATER TREATMENT PLANT
WHEREAS' sodium hypochlorite is an essential chemical to each phase of the Crty's water treatment plant operation; and
WHEREAS' on December 20,2023,the city received bids for sodium hypochlorite; and WHEREAS, Hasa,Inc. was the lowest responsible, responsive bidder; and WHEREAS, funds have been budgeted and are available in the Water Operating Fund (Fund 520); 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 Hasa, Inc. for the Supply of Sodium Hypochlorite for an amount not-to-exceed $676,880 over a two-year period' pASSED AND ADOPTED this 9ft day of January,2}Z4,by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11156
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01/09/2024 Item No.15.
-1 i i'rr .l
Folsom City Council
Staff Re rt
MEETING DATE: U912024
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11157 - A Resolution Approving a Waiver of City Parade fees for Folsom High School Football Team Celebration FROM: Community Development Department

RECOMMENDATION / CITY COUNCIL ACTION
Staff seeks Council direction on a request from the Folsom Cordova Unified School District for a waiver of fees related to the planned parade for the Folsom High School Football Team to celebrate the Bulldog's 5th State Championship title.

If Council supports the fee waiver, staff respectfully requests the Council approve Resolution No. 1 1 157 authorizing the waiver of City special event permit fees.

BACKGROUND / ISSUE
On Saturday, December 9,2023, Folsom High School's football team defeated St. Bonaventure High School20 to 14 to win its fifth State CIF Division 1-A Championship title at Saddleback College Stadium in Mission Viejo. The Folsom Cordova Unified School District (FCUSD) is tentatively planning aparade to celebrate this title on January 24,2024 in Folsom along Sutter Street. FCUSD is asking for a waiver of City-related parade fees. This includes the cost of the special event permit fee as well as the cost for Folsom public safety personnel to staff the parade route and handle security and traffic. As identified by FCUSD, these fees amounted to approximately $6,000 for Folsom High School's homecoming parade back in October 2023. A similar fee amount is expected for the parade.

A breakdown of City fees for special events such as the proposed parade are listed below. a. Special Event Permit application fee............. .$61.00 b. Police Officer rate per hour...........
c. Police Sergeant rate per hour......
d. Fire/EMS Standby per hour .$r27.94
.$ 1s2.10
.$169.76
e. Fire Captain rate per hour............
f. Fire Battalion Chief rate per hour*...
1

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01/09/2024 Item No.16.
g. Public Works rate per hour (3hr min)**..'.
h. Parks and Rec. staff rate per hour.... : : :: :: :: : : : $i;:'bll3i 33 *Additional fees may be requiredfor Fire Department equipment. **Includes vehicles and trffic control equipment. Additional fees may be required.

POLICY / RULE
The City Council has the authority under the City Charter to waive or reduce fees and to authorize the necessary budget adjustments for such a fee change.

ANALYSIS
As described in the Background section, FCUSD is requesting a waiver of special event permit related fees for the proposed parade in celebration of Folsom High School's fifth State CIF Division 1-A football championship. For Folsom High School's homecoming parade the City special event related permit and staffing costs were approximately $6,000 and given a similar expected cost for the championship parade, the District was hoping that the City could waive or reduce the fee burden for the event given its limited budget for this event and that this is celebrating the accomplishment of the local high school.

FINAN IMPACT
Since this event is similar to the homecoming parade that Folsom High School did in October 2023, any waiver of permit fees would result in a likely loss of approximately $6,000 from the General Fund. The cost of staff time would need to be covered by the General Fund.. There are sufficient funds in the General Fund (Fund 010) contingency appropriation to cover staff costs related to this fee waiver, if approved.

ENVIRONMENTAL REVIEW
The waiving of City special event permit fees is an administrative action and is not a project under California Environmental Quality Act (CEQA) Guidelines Section 15061(bX3).

ATTACHMENTS
l. Resolution No. 1 II57 - A Resolution Approving a Waiver of City Parade fees for Folsom High School Football Team Celebration
Submitted,
Pam Johns, Community Development Director
2 Page 94
01/09/2024 Item No.16.

RESOLUTION NO. III57

A RESOLUTION APPROVING A WAIVER OF CITY

PARADE FEES FOR FOLSOM HIGH SCHOOL FOOTBALL

TEAM CELEBRATION
WHEREAS, the City benefits from the outstanding academic and athletic achievements of both its existing public high schools; and
WHEREAS, parades and other civic events support and enhance the overall quality of life for Folsom's residents and businesses; and
WHEREAS, the City has a tradition of partnering with and supporting the Folsom's public schools and the Folsom-Cordova Unified School District; and WHEREAS, on December 9, 2023, Folsom High School's football achieved its fifth state football championship, which is a unique and outstanding achievement among our region's high schools; and
WHEREAS, this parade is an important celebration of not only Folsom High School's excellent football program, but also of civic life in Folsom and contributes to the public good in the community;and
WHEREAS, there are sufficient funds in the General Fund (Fund 010) contingency appropriation to cover staff costs related to this fee waiver.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby
Authorizes the City Manager to waive all City special event permit and staffing costs associated with Folsom High School's state championship parade in2024.

PASSED Al[D ADOPTED this 9th day of January,2024, by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
Christa Freemantle, CITY CLERK
ResolutionNo. 11157

Page 1 ends

01/09/2024 Item No.16.

This poge is intenttonollA Ieft blank
to facilitate double- sided printing .

Page 96 ends

01/09/2024 Item No.16.

Folsom City Council
Staff Re ort
MEETING DATE: U912024
AGENDA SECTION: Public Hearing
SUBJECT: Resolution No. 1 Il39 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan EIR/EIS and Approve a Specific Plan Amendment to modifu FPASP Table A.7
(Transportation, Communication, Infrastructure) to add
"Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel 61 - APN No. 072-3190-052) located at the southwest corner of the intersection of U.S.

Highway 50 and East Bidwell Street within the Folsom Plan Area.

FROM: Community Development Department

RECOMMENDATION / COIINCIL ACTION
Staff recommends that the City Council adopt Resolution No. 1 ll39 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan EIR/EIS and Approve a Specific Plan Amendment to modiff FPASP Table A.7 (Transportation, Communication, Infrastructure) to add "Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel 61 - APN No. 072-3190-052) located at the southwest corner of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area.

BACKGROI IND / ISSI]E
The applicant, TK Consulting, Inc., is requesting approval of a Specific Plan Amendment to modiff FPASP Table A.7 (Transportation, Communication, Infrastructure) in order to add "Electronic Readerboard Sign" as a conditionally permitted use in the Regional Commercial Planned Development District (SP-RC-PD). Specifically, the applicant is proposing that the Specific Plan Amendment only apply to Parcel 61 (APN No. 072-3190-052) which is located at the southwest corner of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area. In addition, the Specific Plan Amendment would allow for only one double-sided electronic readerboard sign to be placed on Parcel 61. No additional electronic readerboard signs would be permiued on Parcel 61 or elsewhere in the Folsom Plan Area. 1

Page 97 ends

01/09/2024 Item No.17.

Shown in the tables below is the proposed modification to FPASP Table A.7 (Transportation, Communication, Infrastructure) :

TABLE 1: FPASP TABLE A.7 (TRANSPORTATION, COMMUNICATION,

INFRASTRUCTURE) MODIFICATIONS
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Notcs.'

1. Light manufacluring includes but is not llmited to clean, non-toxic uses such as office centers, research and development facilities' warehouse and dishibution centers and other similar uses located in a low intensity, landscaped setting.

2. personal gervices are defined lntellectual or manual work performed by a service plovider in serving a customer (for example, consulting services, massage lherapy, weight counseling, personal concierge services, etc')'

3. Major medical services are defined as services requiring in-patient hospitalization or other services that require acute medical attention.

4. Minor medical services are defined as out-patient services including but not limited to Lasik surgery oflices, dentistry offices, same day clinics, medical offices, etc.

S. Child care facilities connected to office/professional businesses will be considered as an ancellary use'

6. SP-GC (Parcels 77, 78 & 85A) and SP-RC (Parcel 61 ) only.

7. Consistenl with the SP-MLD development standards.

8. Applies to sP-Rc-PD Parcel 61 only. Maximum one sign; conditional use Permlt required. 2 P
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Page 98 ends

01/09/2024 Item No.17.

The proposed project was considered by the Planning Commission at its November 15,2023 meeting. The Commission engaged in a thorough review of the proposed Specific Plan Amendment including discussions regarding existing sign regulations, implications associated with the proposed Specific Plan Amendment, sign location and sign design, potential sign impacts, Caltrans requirements, and potential sign advertising revenue.

In relation to existing sign regulations, the Commission inquired about the existing regulations regarding placement of an electronic readerboard sign along U.S. Highway 50. City staff explained that the Folsom Municipal Code currently requires approval of a Conditional Use Permit to place an electronic readerboard sign adjacent to U.S. Highway 50, while also requiring removal of two existing billboard signs located along the freeway. Staff noted that the Folsom Auto Mall and Palladio at Broadstone had each received approval of a Conditional Use Permit from the Plaruring Commission for construction of their respective freeway- oriented electronic readerboard signs. City staff also stated that the purpose of the proposed Specific Plan Amendment was to establish a separate process for approving a freeway-oriented electronic readerboard sign in the Folsom Plan Area whereby a Conditional Use Permit would be required but that the elimination of existing billboard signs, which the applicant has no ownership or control over, would not be required.

With regard to implications associated with the proposed Specific Plan Amendment, the Commission debated if approval of this particular application would preclude any other landowners in the Folsom Plan Area from placing a freeway-oriented electronic readerboard sign on their respective properties. City staff indicated that the proposed Specific Plan Amendment was only intended to allow placement of a single electronic readerboard sign on a specific property (Parcel 61) within the Folsom Plan Area under the ownership of Eagle Commercial Properties. Staff further stated that Eagle Commercial Properties owns a majority of the commercial property located adjacent to U.S. Highway 50 thus making it highly unlikely that there would be a proposal from another property owner for an electronic readerboard sign.

That being said, staff indicated that placement of additional freeway-oriented electronic readerboard signs in the Plan Area adjacent to U.S. Highway 50 would be permitted if the landowner were to receive approval of another Specific Plan Amendment relative to freeway si gnage, with as sociated environmental review.

The Commission asked specific questions regarding the location and design of the future electronic readerboard sign. City staff stated the final location and design of the electronic readerboard sign would be established through the Conditional Use Permit process that applicant would be required to go through. However, staff did share a preliminary site plan and preliminary sign elevations that the applicant had provided with the Commission. Staff also noted that the applicant had already recorded a sign easement along the northern portion of Parcel 6l adjacerrtto U.S. Highway 50 and that this would be the most likely location of the future electronic readerboard sign.

The Commission inquired as to whether the electronic readerboard sign would have any adverse impacts on nearby residential properties in the Folsom Plan Area. City staff commented that an Addendum to the Folsom Plan Area Specific Plan EIR/EIS had been aJ Page 99
01/09/2024 Item No.17.
prepared for the proposed project and that no new significant environmental impacts were identified. That being said, staff noted that the nearest future residential land uses in the Plan Area are located over 900 feet away to the south of the project site and that the sign is not expected to have a negative visual impact on these future residents. Staff further stated all other potential impacts associated with the electronic readerboard sign would be evaluated as part of the Conditional Use Permit that the applicant is required to obtain from the Planning Commission.

With respect to Caltrans requirements, the Commission asked what types of rules and regulations the electronic readerboard sign would be subject to. City staff commented that Caltrans has very specific requirements regarding the location, size, design and functionality of freeway-oriented electronic readerboard signs. In particular, Caltrans is focused on ensuring that these types of electronic readerboard sign do not distract drivers on the freeway by regulating the illumination, brightness, message duration, and hours of operation. Staff noted that in addition to obtaining approval of a Conditional Use Permit from the City, the applicant will be required to obtain approval of a Sign Permit from Caltrans for operation of the electronic readerboard sign.

The Commission was interested in learning if there were any financial benefits to the City in adding a third freeway-oriented electronic readerboard sign. City staff stated that the applicant would be required to enter into Agreement with the City relative to the operation, maintenance, and advertising associated with the electronic readerboard sign. Staff indicated that the Agreement would likely be similar to existing Agreements the City has with the Folsom Auto Mall and Palladio at Broadstone in that there would be a revenue sharing component for which the City would receive I0o/o of all net payments received by the sign operator. The City currently receives approximately $30,000 in revenue on an annual basis through the revenue sharing agreements with the Folsom Auto Mall and Palladio at Broadstone. The applicant also commented that there would tikely be secondary economic benefits relative to increased property tax and sales tax associated with new business locating in the Folsom Plan Area partly because of the increased visibility and project identification the electronic readerboard sign will provide.

A more detailed discussion of each of the aforementioned topics is included within the Planning Commission Staff Report (Attachment2). No members of the public spoke regarding the proposed project. The Planning Commission adopted a motion (5-1-0-1) to recommend approval of the proposed project to the City Council. The lone Planning Commissioner who voted no on the project was actually in support of proposed electronic readerboard sign, however, he was hoping to initiate a broader discussion regarding whether additional freeway- oriented electronic readerboard signs in the Folsom Plan Area would be beneficial to the City.

POLICY i RULE
The Folsom Municipal Code (FMC) requires that applications for Specific Plan Amendments be forwarded to the City Council for final action, following a public hearing and 4Page 100
01/09/2024 Item No.17.
recommendation by the Planning Commission. City Council actions regarding Specific Plan Amendments are covered under Sections 17.68.080 and 17.37.090 of the Folsom Municipal Code.

ANALYSIS
Detailed analysis for the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign project is provided in the Planning Commission Staff Report which is included as Attachment2 to this report.

FINANCIAL IMPACT
No financial impact to the FPA Public Facilities Financing Plan is anticipated with approval of the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign project as the proposed project will not result in any change in the total number of residential units or total amount of commercial square footage within the Folsom Plan Area. While the proposed Specific Plan Amendment will not directly result in any financial impacts, the required Agreement associated with operation of the Parcel 61 electronic readerboard is expected to provide the City with approximately $15,000 in revenue on an annual basis.

ENVIRO AI, REVIEW
The City, as the lead agency under the California Environmental Quality Act (CEQA), has determined that, in accordance with Section15164 ofthe State CEQA Guidelines, the proposed changes to a commercial land use table in the Folsom Plan Area Specific Plan constitute minor changes to the development scenario described in the Final EIR/EIS for the Folsom Plan Area Specific Plan, warranting the preparation of an Addendum. An Addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts, consistent with CEQA, Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15163.

An Environmental Checklist and Addendum was prepared in accordance with CEQA Guidelines Section 15164 to evaluate whether the proposed project's effects were adequately examined in the FPASP EIR/EIS. The Environmental Checklist and Addendum concluded that no changes associated with the proposed project and no changed circumstances trigger subsequent or supplemental environmental review. The Addendum and associated appendices prepared for the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign project are also available for viewing on the City's Website at the following link at:
https://www.folsom.ca.us/home/showpublisheddocument/15494/638344463582730000 5 Page 101
01/09/2024 Item No.17.

ATTACHMENTS

1. Resolution No. 1 1139 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan EIR/EIS and Approve a Specific Plan Amendment to modiff FPASP Table A.7 (Transportation, Communication, Infrastructure) to add "Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel61 - APN No. 072-3190-052) located at the southwest corner of the intersection of U.S.

Highway 50 and East Bidwell Street within the Folsom Plan Area.

2. Planning Commission Staff Report, dated November 15,2023

3. Vicinity Map

4. Proposed Modification to Folsom Plan Area Specific Plan Development Standards Table A. 7 (Transportation, Communication, Infrastructure)

5. Environmental Checklist and Addendum for the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign project dated October 26,2023 (documents can be found on the City's website at
https://www.folsom.ca.us/home/showpublisheddocument/15494/638344463582730000) Submitted,

PAM JOHNS
Community Development Director
6Page 102
01/09/2024 Item No.17.

Affachment 1
Resolution No. 11 I39 A Resolution to Adopt an
Addendum to the Folsom Plan Area Specific Plan
EIVEIS and Approve a Specific Plan Amendment to
modiS. FPASP Table A.7 (Transportation,
Communication, Infrastrucfure) to add "Electronic
Readerboard Sign" as a conditionally permitted use on
a specific property (Parcel 6I - APN No. 072-3190-
052) located at the southwest corner of the
intersection of U.S. Highway 50 and East Bidwell
Street within the Folsom Plan Area.

Page 103 ends

01/09/2024 Item No.17.

RESOLUTION NO. 11139

A RESOLUTION TO ADOPT AN ADDENDUM TO THE F'OLSOM PLAN AREA

SPECIFIC PLAN EIR/EIS AND APPROVE A SPECIFIC PLAN AMENDMENT TO MODIFY FPASP TABLE A.7 (TRANSPORTATION, COMMUNICATION,
INFRASTRUCTURE) TO ADD "ELECTRONIC READERBOARD SIGN" AS A CONDITTONALLY PERMITTED USE ON A SPECIFTC PROPERTY (PARCEL 6l - ApN NO. 072-3190-052) LOCATED AT THE SOUTHWEST CORNER OF THE INTERSECTION OF U.S. HIGHWAY 50 AND EAST BIDWELL STREET WITHIN

THE FOLSOM PLAN AREA
WHEREAS, the Planning Commission on November 15, 2023, held a public hearing on the proposed Specific Plan Amendment, considered public comment and determined that the development of an electronic readerboard sign on Parcel 61 within the Folsom Plan area would provide an economic benefit to existing and future businesses in the City of Folsom by providing greater visibility and identification consistent with the goals, policies, and objectives of the City of Folsom General Plan and the Folsom Plan Area Specific Plan as Amended; and WHEREAS' the Planning Commission on November 15, 2023, held a public hearing on the proposed Specific Plan Amendment, considered public comment and determined that the development of an electronic readerboard sign on Parcel 61 within the Folsom Plan area would provide an economic benefit to the City through an advertising revenue sharing agreement with the Developer and would also provide a public benefit by allowing public service messages to be displayed on the electronic readerboard at no cost to the City consistent with the goals, policies, and objectives of the City of Folsom General Plan and the Folsom Plan Area Specific Plan as.

Amended; and
WHEREAS, notice has been given at the time and in the manner required by State Law and City Code; and
WHEREAS, an Environmental Checklist and Addendum to the2011 Folsom Plan Area Specific Plan Final Environmental Impact Report/Environmental Impact Statement (FPASP EIR/EIS) has been prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby adopts the Addendum to the Folsom Plan Area Specific Plan EIR/EIS for the Parcel 61 Electronic Readerboard Sign Proj ect.

BE IT FURTHER RESOLVED that the City Council of the City of Folsom hereby approves a Specific Plan Amendment to modifu FPASP Table A.7 (Transportation, Communication, Infrastructure) to add "Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel 61 - APN No. 072-3190-052) located at the southwest cornff of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area as set forth in the Specific Plan Amendment Exhibit attached as Exhibit "A" and as set forth in the conditions of approval attached as Exhibit "B" based on the following findings:

Resolution No. 11139

Page 1 of 10 ends
Page 104 ends

01/09/2024 Item No.17.

A
B

GENERAL FINDINGS

NOTICE OF HEARING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.

THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND THE

PROPOSED SPECIFIC PLAN AMENDMENT IS GENERALLY CONSISTENT WITH

THE GOALS, OBJECTIVES, AND POLICIES OF THE FOLSOM PLAN AREA SPECIFIC PLAN.

CEQA FINDINGS

THE CITY, AS LEAD AGENCY, PREVIOUSLY CERTIFIED AN

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN.

AN ADDENDUM TO THE FOLSOM PLAN AREA SPECIFIC PLAN FINAL

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT WAS CERTIFIED BY THE CITY IN 2015 FOR THE WESTLAND EAGLE SPECIFIC PLAN AMENDMENT PROJECT IN ACCORDANCE WITH CEQA.

E. THE CITY HAS DETERMINED THAT NONE OF THE CIRCUMSTANCES DESCzuBED IN PUBLIC RESOURCES CODE SECTION 2T166 OR CEQA GUIDELINES SECTION 15162 GENERALLY REQUIRING THE PREPARATION OF A SUBSEQUENT EIR EXIST IN THIS CASE.

THE CITY HAS PREPARED AN ADDENDUM TO THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN FOR THE

FOLSOM PLAN AREA SPECIFIC PLAN AMENDMENT FOR ELECTRONIC

READERBOARD SIGN PROJECT AND HAS DETERMINED THAT THE

PROPOSED SPECIFIC PLAN AMENDMENT CREATES NO NEW IMPACTS AND

DOES NOT REQUIRE ANY MITIGATION MEASURES IN ADDITION TO THOSE

IN THE FINAL ENVIRONMENTAL IMPACT REPORT AND THE ADDENDUM FOR THE WESTLAND EAGLE SPECIFIC PLAN AMENDMENT PROJECT.

THE CITY HAS DETERMINED THAT THE IMPACTS OF THE FOLSOM PLAN

AREA SPECIFIC PLAN AMENDMENT FOR ELECTRONIC READERBOARD SIGN

PROJECT ARE ADEQUATELY ADDRESSED BY THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN, THE

ADDENDUM FOR THE WESTLAND EAGLE SPECIFIC PLAN AMENDMENT

PROJECT, AND THE ADDENDUM FOR THE FOLSOM PLAN AREA SPECIFIC PLAN AMENDMENT FOR ELECTRONIC READERBOARD SIGN PROJECT.

H. THE CITY COLINCIL HAS CONSIDERED THE ADDENDUM WITH THE FINAL EIR BEFORE MAKING A DECISION ON THE PROJECT.

ResolutionNo. 11139

Page 2 ends

C
D.

F
G

Page 105 ends

01/09/2024 Item No.17.

FOLSOM PLAN AREA SPECIFIC PLAN A]WENDMENT FINDINGS
I. THE PROPOSED AMENDMENT TO THE FOLSOM PLAN AREA SPECIFIC PLAN IS CONSISTENT WITH THE CITY'S GENERAL PLAN .

THE PROPOSED AMENDMENT TO THE FPASP \^rILL NOT RESULT IN A NET LOSS OF RESIDENTIAL CAPACITY.

K. THE PROPOSED SPECIFIC PLAN AMENDMENT IS IN THE PUBLIC INTEREST.

THE PROPOSED SPECIFIC PLAN AMENDMENT IS CONSISTENT WITH THE

GOALS, POLICIES, AND OBJECTIVES OF THE FOLSOM PLAN AREA SPECIFIC PLAN.
pASSED AND ADOPTED this gthday of January, 2024, by the following roll-call vote:

J
L
AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Resolution No. 11139

Page 3 of 10 ends
Page 106 ends

01/09/2024 Item No.17.

Exhibit A
Resolution No. 11139

Page 4 of 10 ends
Page 107 ends

01/09/2024 Item No.17.

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f . I3tallr is SFFIC+1tr !}!t!d f f ffiD. H*r$!r sr tlon; Csldlthrd l,ttt F$i[ .q|rrFd, ResolutionNo. lll39

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01/09/2024 Item No.17.

Exhibit B
Resolution No. 1l139

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01/09/2024 Item No.17.

CONDITIONS OF APPROVAL FOR
FOLSOM PLAN AREA SPECIFC PLAI\ AMENDMENT FOR nLECTRONIC READERBOARD SIGN PROJECT (SPPL 23-000s1)

SOUTHWEST CORNER OF TIIE INTERSECTION OF EAST BIDWELL STREET AND ALDER CREEK PARI(WAY Responsible
Department
cD (P)
cD (P)
When
Required
OG
OG
Condition of Approval
The owner/applicant shall submit final plans (updated Specific Plan) to the Community Development Department that shall substantially conform to the exhibits referenced below:

1. Specific Plan Amendment Exhibit, dated November 9,2020 The Specific Plan Amendment is approved to modiff FPAPS Table A.7 (Transportation, Communication, Infrastructure) to add "Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel 61 - APN No. 072-3190- 052) with a Regional Commercial Planned Development District (SP-RC-PD) specific plan land use designation located at the southwest corner of the intersection of U.S.

Highway 50 and East Bidwell Street within the Folsom Plan Area. Implementation of the project shall require a separate application and approval that shall be consistent with the above referenced items and these conditions of approval.

The Specific Plan Amendment, which will take effect 30 days following Crty Council approval (February 8,2024) does not have an expiration date.

Mitigation
MeasureCondition
No.

I

2. ResolutionNo. 11139

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01/09/2024 Item No.17.
cD (PXEXB)

PW, P& FD,
PD
OG
The owner/applicant shall protect, defend, indemnifu, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, employees, or legislative body concerning the project, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other applicable statutes of limitation. The City will promptly notiff the owner/applicant of any such claim, action or proceeding, and will cooperate fully in the defense. If the City should fail to cooperate fully in the defense, the owner owner/applicant shall not thereafter be responsible to defend, indemniff and hold harmless the City or its agents, officers, and employees, pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur:
o The City bears its own attorney's fees and costs; and o The City defends the claim, action or proceeding in good faith The owner/applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the owner/applicant.

The owner/applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to this project.

J
ResolutionNo. 11139

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01/09/2024 Item No.17.
cD (P)
cD (P)
cD (P)
cD (P)
OG
OG
OG
OG
If the City utilizes the services of consultants to prepare special studies or provide specialized design review or inspection services for the project, the City shall provide notice to the ownerlapplicartt of the outside consultant selected, the scope of work and hourly rates, and the owner/applicant shall reimburse the City for actual costs incurred and documented in utilizing these services, including administrative costs for City personnel. A deposit for these services shall be provided prior to initiating review of the Grading Plan, Final Map, improvement plans, or beginning inspection, whichever is applicable.

The owner/applicant shall update the Folsom Plan Area Specific Plan Document to reflect any textural and graphic changes associated with the proposed project including the Specific Plan Amendment modifications to the commercial land use table (Table A.7) to the satisfaction of the Community Development Department. In addition, the owneriapplicant shall provide the City with hard copies and an electronic copy of the updated FPASP Document.

The owner/applicant shall enter into an agreement with the City regarding the inclusion of and terms for third-party, off-site advertising on the Parcel 61 Electronic Readerboard Sign prior to City Council consideration of the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign proiect.

The City, at its sole discretion, may utilize the services of outside legal counsel to assist in the implementation of this project, including, but not limited to, drafting, reviewing and/or revising agreements andlor other documentation for the project. If the City utilizes the services of such outside legal counsel, the City shall provide notice to the owner/applicant of the outside counsel selected, the scope of work and hourly rates, and the owner/applicant shall reimburse the City for all outside legal fees and costs incurred and documented by the City for such services. The owner/applicant may be required, at the sole discretion of the City Attorney, to submit a deposit to the City for these services prior to initiation of the services. The owner/applicant shall be responsible for reimbursement to the City for the services regardless of whether a deposit is required. 6 7
5 DEVELOPMENT COSTS AI\D FEE UIRJMENTS

4. ResolutionNo. 11139

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01/09/2024 Item No.17.

CONDITIONS
See attached tables of conditions for which the following legend applies.

ResolutionNo. 11139

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WHEN RE,QIIIRED
Prior to approval of Improvement Plans
Prior to approval of Final Map
Prior to issuance of first Buildine Permit
Prior to approval of Occupancy Permit
Prior to issuance of Grading Permit
During construction
On-going requirement
I
M
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RESPONSIBLE DEPARTMENT
Community Development Department
Planning Division
Engineering Division
Building Division
Fire Division
Public Works Department
Park and Recreation Department
Police Department
CD
(P)
(E)
(B)
(F)
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01/09/2024 Item No.17.

Affachment2
Planning Commission Staff Report
Dated November 15,2023

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01/09/2024 Item No.17.

AGENDA ITEM NO.2
Type: Public Hearing
Date: November 15,2023
F0I-SOM
Project:

File #:

Requests:

Location:

Staff Gontact:

Property Owner
Name: Eagle Commercial ProPerties
Address: 100 Pine Street
29th Floor
San Francisco CA 94111
Planning Commission Staff RePort
50 Natoma Street, Council Chambers
Folsom, CA 95630
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign
sPPL 23-00051
Specific Plan Amendment
Southwest corner of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area (Parcel 61 - APN No. 072-3190-052)
Steve Banks, Principal Planner, 916-461-6207
[email protected]
Applicant
Name: TK Consulting, lnc.

Address: 2082 Michelson Drive
4th Floor
lrvine CA92612
Recommendation: Conduct a public hearing and upon conclusion recommend to the City Council approval of an amendment to the Folsom Plan Area Specific Plan to allow an Electronic Readerboard Sign (project SPPL 23-00051), based on the findings (Findings A-L) and subject to the conditions of approval (Conditions 1-7) attached to this report.
project Summary: The proposed project includes a request for approval of a Specific Plan Amendment to modify the Folsom Plan Area Specific Plan (FPAPS) Table A.7 (Transportation, Communication, lnfrastructure)to add "Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel 61 - APN No. 072-3190-052) located at the southwest corner of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area.

Table of Contents:

Attachment 1 - Description/Analysis
Attachment 2 - Background
Attachment 3 - Conditions of Approval

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01/09/2024 Item No.17.

Planning Commission
Folsom-Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 4 - Vicinity MaP
Attachment 5 - Proposed Modification to Folsom Plan Area Specific Plan Development Standards Table A. 7 (Transportation, Com mu n ication, I nfrastructu re) Attachment 6 - Preliminary Site Plan, dated June 15,2021 Attachment 7 - Preliminary Sign Details, dated June 1 5,2021 Attachment 8 - Photographs of Existing Electronic Readerboard Signs Attachment 9 - Environmental Checklist and Addendum for the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard project dated October 26,2023 (documents can be found on the City's website at https://www.folsom.ca.us/home/showpublisheddocument/1 5494/638344 463582730000
Submitted,

PAM JOHNS
Community Development Director

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
ATTACHMENT 1

DESCRIPTION/ANALYSIS

APPLICANT'S PROPOSAL
The applicant, TK Consulting, lnc., is requesting approval of a Specific PIan Amendment to modify FPASP Table A.7 (Transportation, Communication, lnfrastructure) in order to add "Electronic Readerboard Sign" as a conditionally permitted use in the Regional Commercial Planned Development District (SP-RC-PD). Specifically, the applicant is proposing that the Specific Plan Amendment only apply to Parcel 61 (APN No. 072-3190- 052) which is located at the southwest corner of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area. ln addition, the Specific Plan Amendment would allow for only one double-sided electronic readerboard sign to be placed on Parcel 61. No additional electronic readerboard signs would be permitted on Parcel 61 or elsewhere in the Folsom Plan Area. Shown in the table on the following page is the proposed modification to FPASP Table A.7 (Transportation, Communication, lnfrastructure):

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01/09/2024 Item No.17.

Planning Commission
Folsom Flan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
TABLE 1: FPASP TABLE A.7 (TRANSPORTATION, COMMUNICATION, tN FRASTRUCTURE) MODIFICATIONS
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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
The applicant has indicated to City staff as part of their application submittal that a freeway-oriented electronic readerboard sign is a key component to attracting new commercial businesses to locate in the City of Folsom and more specifically within the Folsom Plan Area. The applicant has also stated that an electronic readerboard sign is critical to the financial stability of future commercial development located adjacent to U.S.

Highway 50 in the Folsom Plan Area. Lastly, the applicant commented that the electronic readerboard sign will feature state of the art technology and design elements that will be a showcase for the City and commercial businesses in the Folsom Plan Area.

Although not part of the subject application, the applicant has submitted preliminary details regarding the location and design of the future electronic readerboard sign thatwill be subject to approval of a Conditional Use Permit by the Planning Commission. Those details are shown in Figure 1 below and Figure 2 on the following page' FIGURE 1: PRELIMINARY SITE PLAN
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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
FIGURE 2: PRELIMINARY ELECTRONIC READERBOARD DESIGN DETAILS t
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6

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01/09/2024 Item No.17.

Planning Commission
Fotsom Flan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Analysis
The following sections provide an analysis of the applicant's proposal. Staff's analysis includes:

A. Specific Plan Amendment
B. Conformance with Relevant Folsom General Plan and Folsom Plan Area Specific Plan Objectives and Policies
A. Specific Plan Amendment
The Folsom Plan Area Specific Plan is currently silent on whether or not electronic readerboard signs are a permitted, non-permitted, or conditionally permit land use. As a result, the applicant is requesting approval of a Specific Plan Amendment to modify FPASP Table A.7 (Transportation, Communication, lnfrastructure) for the purpose of adding "Electronic Readerboard Sign" as a conditionally permitted use in the Regional Commercial Planned Development District (SP-RC-PD). Specifically, the applicant is proposing that the Specific Plan Amendment only apply to Parcel 61 which is located at the southwest corner of the intersection of U.S. Highway 50 and East Bidwell Street within the Folsom Plan Area. As mentioned in the project description, the Specific Plan Amendment would allow for only one double-sided electronic readerboard to be placed on Parcel 61, with no additional electronic readerboard signs being permitted on Parcel 61 or elsewhere in the Folsom Plan Area.
ln reviewing the applicant's request for approval of a Specific Plan Amendment to allow for placement of an electronic readerboard sign on Parcel 61 within the Folsom Plan Area upon approval of a Conditional Use Permit by the Planning Commission, staff considered a number of factors including existing regulations contained within the Folsom Municipal Code (FMC Section 17.59.040) regarding freestanding electronic readerboard signs adjacent to U.S. Highway 50, the number and location of existing freestanding electronic readerboard signs within the City adjacent to U.S. Highway 50, the necessity for a another freestanding electronic readerboard sign adjacent to U.S. Highway 50 in the Folsom Plan Area, and prior electronic readerboard sign agreements associated with third-party off- site advertising.

FMC Section 17.59.040(EX2.5) requires that animated freestanding freeway signs on property abutting U.S. Highway 50 be required to obtain approval of a Conditional Use Permit from the Planning Commission. ln addition, the section also requires the removal of more than one billboard Hiohwav 50 within limits to ensure that annroval imated as an
hiqhwav signs in Folsom. However, as mentioned
Folsom Plan Area Specific Plan does not currently
results in
previously within this report, the
have a mechanism to allow for
placement of any animated freestanding sign, electronic readerboard sign, or similar electronic sign adjacent to U.S. Highway 50 within the Folsom Plan Area. As described

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01/09/2024 Item No.17.

Planning Commission
Folsom-Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
in section 13.3 of the Specific Plan, where the FPASP conflicts with the FMC, the Specific plan takes precedence. Where the FPASP is silent, the FMC prevails. With this application, the applicant is requesting to amend the Specific Plan to allow an animated sign without the FMC requirement to remove existing billboard signs along Highway 50. tf ine Specific Plan Amendment is not approved, the applicant could still move fonruard with a proposal for an electronic readerboard at the subject location, but they would be required to either remove existing billboards as described in the FMC or seek approval of a variance of that requirement.

There are currently two electronic readerboard signs located adjacent to U.S. Highway 50 within the City. The first electronic readerboard sign, which is located on the south side of U.S. Highway 50 near Folsom Boulevard, is a 65-foot-tall freestanding double- sided electronic sign intended to provide identification for businesses located at the Folsom Auto Mall. The second electronic readerboard sign, which is located on the north side of U.S Highway 50 near East Bidwell Street, is an 80-foot-tall freestanding double- sided electronlc sign intended to provide identification for businesses located at the Palladio at Broadstone Shopping Center. Apart from the two electronic readerboard signs there are two static billboard freeway signs on Highway 50 in Folsom near the Folsom Blvd. highway exit, which are owned by OUTFRONT Media, lnc. There is one other freestanding freeway sign, which was done for the Broadstone Plaza commercial center where Home Depot and Old Navy are located. That sign which is owned by Elliott Homes is located on the north side of Highway 50 west of the E. Bidwell Street on/off- ramp.
ln reviewing the Conditional Use Permit for each of the aforementioned freeway-oriented electronic signs, the Planning Commission previously determined that the Folsom Auto Mall and the Palladio at Broadstone Shopping Center are regional entities that warrant the type of enhanced project identification provided by a freeway-oriented electronic readerboard. ln addition, the Commission determined that the location, height, size, and design of the aforementioned electronic readerboard signs for the Folsom Auto Mall and the Palladio at Broadstone Shopping Center were appropriate given that they are regional destinations.

As discussed in the Background Section of this staff report, the Folsom Plan Area Specific Plan features a coordinated development plan for over 3,500-acres of residential, commercial, employment and public uses including 2,788,844 square feet of commercial land uses. Parcel 61, which is the subject location of the proposed Specific Plan Amendment, has been allocated253,245 square feet of Regional Commercial designated land (RC), 216,014 square feet of lndustrial/Office Park designated land (|ND/OP), and 55,1 15 square feet of General Commercial designated land (GC) in the Specific Plan. lt is anticipated that Parcel 61 will eventually be developed with a mixture of commercial land uses that have importance from a regional perspective as well as multi-family housing and a park. As an example, UC Davis is currently in the process of developing a 400,000-square-foot regional medical facility in the southeast portion of Parcel 61.

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01/09/2024 Item No.17.

Planning Commission
Fotsom Flan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
While FMC Section 17.59.040(EX2.5) requires the removal of more than one freeway billboard before issuance of a CUP for an animated freeway sign (i.e., electronic readerboard), the applicant does not own any of the three remaining freeway signs in Folsom and neither owner is willing to sell or remove those signs' Staff recognizes that amending the specific plan to conditionally allow a freestanding electronic readerboard along Highway 50 in the Folsom Plan Area would increase the amount of freeway signage in Folsom. However, staff believes such a sign is warranted given the large amount of commercial square footage planned not only on Parcel 61, but also on the other commercially zoned and mixed-use areas in the Folsom Plan Area near Highway 50. Based on this information, staff has concluded that an electronic reiderboard sign would benefit the commercial uses planned and approved for Parcel 61, particularly regional uses such as the UC Davis medical facility. lt is especially important for regional commercial businesses located in the Folsom Plan Area adjacent to the highway to have proper identification near Highway 50. The sign contemplated by the applicant would be oriented toward Highway 50 and, if approved by the Commission, would be approximately 900 feet from the parcels planned for multi-family residential and park uses. ln addition, all electronic readerboards located near State highways are subject to review and approval by the California Department of Transportation (Caltrans), which regulates the location, spacing, and size of such signs. Approval from the City is a prerequisite to obtaining approval from Caltrans.

As mentioned earlier in this staff report, there are currently two electronic readerboard signs located adjacent to U.S. Highway 50 within the City, the Folsom Auto Mall electronic readerboard sign and the Palladio at Broadstone electronic readerboard sign. With approval of each of the aforementioned electronic readerboard signs, the owner/applicant was required to enter into an agreement with the City with respect to managing third- party, off-site advertising on the electronic readerboard signs. Core elements of the third- party, off-site advertising agreements included advertising scheduling and revenue sharing. With respect to advertising scheduling, the agreements generally stated that 40%-50Yo of advertising space would be available to onsite businesses, 10% of the advertising space would be available to the City of Folsom for non-commercial City- related messages, with the remaining advertising space being available to third-party advertisers. ln relation to revenue sharing, the agreements generally stated that the City of Folsom would receive 10o/o o'f all net payments received by the sign operator. Staff has determined that a similar advertising agreement would be appropriate for the third proposed electronic readerboard sign within the City (which is the subject of this proposed specific plan amendment) and has added a condition of approval to this projectthat the owner/applicant enter into an agreement with the City regarding the inclusion of third- pafty, off-site advertising on the Parcel 61 Electronic Readerboard Sign prior to City Council approval of the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign project. Condition No. 7 is included to reflect this requirement.

Based on the aforementioned analysis, staff is supportive of the proposed Specific Plan Amendment to allow for a single electronic readerboard sign on Parcel 61 within the

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Folsom Plan Area with approval of a Conditional Use Permit by the Planning Commission B. Gonformance with Relevant General Plan and Folsom Plan Area Specific Plan Goals and Policies
The City of Folsom 2035 General Plan outlines a number of goals, policies, and implementation programs designed to guide the physical, economic, and environmental growth of the City. ln addition, the Folsom Plan Area Specific Plan includes goals and policies intended to ensure successful development within the Folsom Plan Area. Staff has determined that the proposed project is consistent with both the General Plan and Specific Plan goals and policies. The following is a summary analysis of the project's consistency with the Folsom General Plan and with key policies of the Folsom Plan Area Specific Plan.

APPLICABLE GENERAL PLAN GOALS AND POLICIES
The o /erall objective of the Economic Prosperity Element (Element 4- EP) of the General Plan is to improve economic prosperity by ensuring the local economy grows and strengthens our industries, creates family-supporting jobs, and stimulates economic investment in the community. The Economic Prosperity Element also states that a strong economy will help preserve Folsom's high quality of life, attract shoppers from the region, and ensure that Folsom residents can find quality jobs right here in Folsom' GP GOAL EP 5.1 (Retail Development)
Itrtaintain and expand retail and services to meet local and regional demands and generate tax revenues for City operations'
GP POLICY EP 5.1.1 (Diverse Retail)
fncourage a diverse mix of community and regional retail options to serve Folsom and surrounding communities.

GP POLICY EP 5.1.2 (Reqional Retail)
Encourage the development of exemplary retail projects thai continue to demonstrate that Folsom is a prominent shopping, dining, and entertainment destination in the region.

GP POLICY EP 5.1. 5 (Retail Experience)
Encourage Folsom retailers to engage shoppers in new ways to compete against the perceived convenience of online shopping'
GP POLICY EP 5.1.7 (Entertainment Venues and Restaurants) Encourage developers of new entertainment venues and restaurants that meet the needs of local residents and the region to locate within the City.

Analvsis: The proposed project is consistent with these policies in that, as conditioned, the protect will provide improved visibility and project identification for future commercial

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
businesses located adjacent to U.S. Highway 50 on Parcel 61 and at other commercial locations within the Folsom Plan Area.
ln addition, the Land Use Element of the General Plan also identifies goals and policies related to commercial center and employment uses such as those planned and approved for Parcel 61. These include the following:

GP LU 7-1
Provide for a commercial base of the city to encourage a strong tax base, more jobs within the city, a greater variety of good and services, and businesses, and businesses compatible with Folsom's quality of life.

GP POLICY LU 7.1.3 (Commercial Expansion)
Support the expansion of Folsom's commercial sector to meet the needs of Folsom residents, employees, and visitors.

GP POLICY LU 7.1.6 (Reqional Commercial Centers)
Require regional commercial centers to be located close and accessible to U.S. Highway 50, preferably near an interchange.

GP LU 8.1
Encourage, facilitate, and su
industrial uses and retention
pport the location of office, creative industry, technology, and of existing industry in appropriate locations.

GP Policy 8.1.1 (lndustrial Expansion)
prornote and assist in the maintenance and expansion of Folsom's employment sector in areas where services are readily available, including adequate water, wastewater, and storm drainage facilities as well as easy access to multiple modes of transportation.

GP Policv 8.1.3 (Clusters)
Encourage complementary businesses and businesses from the same industry to locate in Folsom. These business clusters will benefit from shared resources, a pool of skilled employees, secondary support industries, and concentrated marketing efforts.

Analvsis:
ttre proposed project is consistent with these policies in that, as conditioned, the project will provide imprwed visibility and project identification for existing as well as potential new large-scale and small-scale employers looking to locate their business adjacent to U.S. Highway 50 in the Folsom Plan Area.

Gonformance with Relevant Specific Plan Goals, Objectives, and Policies The Folsom Plan Area Specific Plan identifies a number of goals, objectives, and policies designed to guide the physical, economic, and environmental growth of the Specific Plan

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Area. Staff has determined that the proposed project is consistent with the following Specific Plan policy as outlined and discussed below:

SP POLICY 4.13 (Commercial/Office Policies)
The Plan Area land use plan should include commercial, light industrial/office park and public land use in order to create employment.

Analvsis: The proposed project is consistent with this policy in that, as conditioned, the project will provide for improved visibility and project identification for future commercial businesses located adjacent to U.S. Highway 50 on Parcel 61 and at other commercial locations in the Folsom Plan Area.

ENVIRONMENTAL REVIEW
The City, as the lead agency under the California Environmental Quality Act (CEQA), has determined that, in accordance with Section 15164 of the State CEQA Guidelines, the proposed changes to a commercial land use table in the Folsom Plan Area Specific Plan constitute minor changes to the development scenario described in the Final EIR/ElS for the Folsom Plan Area Specific Plan, warranting the preparation of an Addendum. An Addendum is appropriate where a previously certified EIR has been prepared and some changes or revisions to the project are proposed, or the circumstances surrounding the project have changed, but none of the changes or revisions would result in significant new or substantially more severe environmental impacts, consistent with CEQA, Public Resources CodeSection 21166 and State CEQA Guidelines Sections 15162 and 15163.

An Environmental Checklist and Addendum was prepared in accordance with CEQA Guidelines Section 15164 to evaluate whether the proposed project's effects were adequately examined in the FPASP EIR/EIS. The Environmental Checklist and Addendum concluded that no changes associated with the proposed project and no changed circumstances trigger subsequent or supplemental environmental review. The Environmental Checklist and Addendum are included at Attachment 9 to this staff report.

RECOMMENDATION/PLAN NING COMMISSION ACTION
Staff recommends that the Commission:

Move to recommend that the City Council:

Adopt an Addendum to the Final Environmental Impact Report for the Folsom Plan Area Specific Plan prepared for the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign project (SPPL 23-00051) per Attachment 9; and Approve a Specific Plan Amendment to modify FPASP Table A.7 (Transportation, Communication, lnfrastructure) to add "Electronic Readerboard Sign" aS a a
a

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01/09/2024 Item No.17.

B
Planning Commission
Folsom-Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
conditionally permitted use on a specific property (Parcel 61 - APN No. 072-3190-052) with a Regional Commercial Planned Development District (SP-RC-PD) specific plan land use designation located at the southwest corner of the intersection of U.S.

Highway 50 and East Bidwell Street within the Folsom Plan Area per Attachment 5; and
These recommended approvals are based on the findings below (Findings A-L) and subject to the conditions of approval (Conditions 1-7) attached to this report.

GENERAL FINDINGS
A. NOTICE OF HEARING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.

THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND THE

PROPOSED SPECIFIC PLAN AMENDMENT IS GENERALLY CONSISTENT

WITH THE GOALS, OBJECTIVES, AND POLICIES OF THE FOLSOM PLAN AREA SPECIFIC PLAN .

CEOA FI NDINGS

THE CITY, AS LEAD AGENCY, PREVIOUSLY CERTIFIED AN

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT
STATEMENT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN.

AN ADDENDUM TO THE FOLSOM PLAN AREA SPECIFIC PLAN FINAL

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT
STATEMENT WAS CERTIFIED BY THE CITY IN 2015 FOR THE WESTLAND

EAGLE SPECIFIC PLAN AMENDMENT PROJECT IN ACCORDANCE WITH CEQA.

THE CITY HAS DETERMINED THAT NONE OF THE CIRCUMSTANCES
DESCRIBED IN PUBLIC RESOURCES CODE SECTION 21166 OR CEQA GUIDELINES SECTION 15162 GENERALLY REQUIRING THE PREPARATION OF A SUBSEQUENT EIR EXIST IN THIS CASE.

THE CITY HAS PREPARED AN ADDENDUM TO THE FINAL ENVIRONMENTAL

IMPACT REPORT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN FOR THE

FOLSOM PLAN AREA SPECIFIC PLAN AMENDMENT FOR ELECTRONIC

READERBOARD SIGN PROJECT AND HAS DETERMINED THAT THE

PROPOSED SPECIFIC PLAN AMENDMENT CREATES NO NEW IMPACTS

AND DOES NOT REQUIRE ANY MITIGATION MEASURES IN ADDITION TO

THOSE IN THE FINAL ENVIRONMENTAL IMPACT REPORT AND THE

ADDENDUM FOR THE WESTLAND EAGLE SPECIFIC PLAN AMENDMENT C
D
E
F

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
H

PROJECT

G THE CITY HAS DETERMINED THAT THE IMPACTS OF THE FOLSOM PLAN

AREA SPECIFIC PLAN AMENDMENT FOR ELECTRONIC READERBOARD

SIGN PROJECT ARE ADEQUATELY ADDRESSED BY THE FINAL

ENVIRONMENTAL IMPACT REPORT FOR THE FOLSOM PLAN AREA

SPECIFIC PLAN, THE ADDENDUM FOR THE WESTLAND EAGLE SPECIFIC

PLAN AMENDMENT PROJECT, AND THE ADDENDUM FOR THE FOLSOM

PLAN AREA SPECIFIC PLAN AMENDMENT FOR ELECTRONIC
READERBOARD SIGN PROJECT.

THE PLANNING COMMISSION HAS CONSIDERED THE ADDENDUM WITH THE FINAL EIR BEFORE MAKING A DECISION ON THE PROJECT.

FOLSOM PLAN AREA SPECIFIC PLAN AMENDMENT FINDINGS
I. THE PROPOSED AMENDMENT TO THE FOLSOM PLAN AREA SPECIFIC PLAN IS CONSISTENT WITH THE CITY'S GENERAL PLAN .

THE PROPOSED AMENDMENT TO THE FPASP WILL NOT RESULT IN A NET LOSS OF RESIDENTIAL CAPACITY.

K. THE PROPOSED SPECIFIC PLAN AMENDMENT IS IN THE PUBLIC INTEREST J

L THE PROPOSED SPECIFIC PLAN AMENDMENT IS CONSISTENT WITH THE

GOALS, POLICIES, AND OBJECTIVES OF THE FOLSOM PLAN AREA SPECIFIC PLAN.

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
ATTACHMENT 2

BACKGROUND
Background:

The proposed project site is part of the approved Folsom Plan Area Specific Plan (FPASP), a comprehensively planned community that proposes new development based on "Smart Growth" and Transit Oriented Development principles. The FPASP, approved in 2011, is a development plan for over 3,500 acres of previously undeveloped land located south of U.S. Highway 50, north of White Rock Road, east of Prairie City Road, and west of the Sacramento County/El Dorado County line in the southeastern portion of the City.

Since FPASP adoption in 2011, the City Council has approved eight amendments to the Specific Plan with land use and density refinements. ln addition, numerous Minor Administrative Amendments have been approved by the Community Development Department also resulting in land use and density refinements. Overall, the changes to the Specific Plan have reduced the amount of commercial development planned for the area and increased the amount of residential development:

On August 14,2003, the Planning Commission approved a Planned Development Permit Modification and Conditional Use Permit for development of a 47-foot-tall freeway- oriented electronic readerboard sign on the south side of U.S. Highway 50 within the Folsom Auto Mall. The aforementioned 47-foottall electronic readerboard sign, which included approximately 672 square feet of sign area (electronic readerboard measures 20 feet in height by 30 feet in width), was subsequently constructed and was in operation until2014 when it was replaced with a taller sign described below. lt is important to note that approval of the existing electronic readerboard sign resulted in the removal of two freeway-oriented billboard signs (672-square-foot billboard sign and a 720-square-foot billboard sign) adjacent to U.S. Highway 50 in the vicinity of the Folsom Auto Mall as required under FMC Section 17.59.040(EX2.5).

On October 1,2014, the Planning Commission approved a Planned Development Permit Modification and Conditional Use Permit Modification to replace the existing 47-foot-tall freeway-oriented electronic readerboard sign with a new 65-foot-tall freeway-oriented electronic readerboard sign at the Folsom Auto Mall. The approved 65-foottall electronic readerboard sign contains approximalely 744 square feet of total sign area including a 672-square-foot high-definition electronic readerboard (LED display) and 72 square feet of fixed sign area for a Folsom Auto Mall identification sign.

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
As noted earlier in this report, the City also approved an electronic readerboard for the Palladio on the north side of Highway 50. This was done with a CUP and Elliott Homes was required to remove various signs around Folsom. ln both the case of the Palladio and the Folsom Auto Mall, the owners entered into an operational agreement with the City that dealt with advertising, operations and revenue-sharing'

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01/09/2024 Item No.17.

Planning Commission
FotsomFlan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23'00051) November 15,2023
Attachment 3
Gonditions of Approval

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023

CONDITIONS OF APPROVAL FOR
FOLSOM pLAf[ AREA SPECIFC PLAN AMENDMENT FOR ELECTROMC READERBOARD SIGN PROJECT (SPPL 23-00051) SOUTHWEST CORNER OF THE INTERSECTION OF EAST BIDWELL STREET AI\D ALDER CREEK PARKWAY Responsible
Department
cD (P)
cD (P)
When
Required
OG
OG
Condition of Approval
The owner/applicant shall submit final plans (updated Specific Plan) to the Community Development Department that shall substantially conform to the exhibits referenced below:

I . Specific Plan Amendment Exhibit, dated Novemb er 9,2020 The Specific Plan Amendment is approved to modi$r FPAPS Table A.7 (Transportation, Cornmunication, Infrastructwe) to add "Electronic Readerboard Sign" as a conditionally permitted use on a specific property (Parcel 6l - APN No . 072-3190- 052) with a Regional Commercial Planned Development District (SP-RC-PD) specific plan land use designation located at the southwest corner of the intersection of U.S.

Highway 50 and East Bidwell Street within the Folsom Plan Area. lmplementation of the project shall require a separate application and approval that shall be consistent with the above referenced items and these conditions of approval.

The Specific Plan Amendment, which will take effect 30 days following Crty Council approval (December 12.2023\ does not have an expiration date.

Mitigation
MeasureCondition
No.
1 2

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November '15,2023
cD (PXEXB)

PW, PR, FD,
PD
OG
The owner/applicant shall protect, defend, indemniff, and hold harrnless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departrnents, commissions, agents, officers, employees, or legislative body conceming the project, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other applicable statutes of limitation. The City will promptly notifu the owner/applicant of any such claim, action or proceeding, and will cooperate fully in the defense. If the City should fail to cooperate fully in the defense, the owner owner/applicant shall not thereafter be responsible to defend, indemniff and hold harmless the City or its agents, officers, and employees, pursuant to this condition. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur:
o The City bears its own attomey's fees and costs; and
o The City defends the claim, action or proceeding in good faith The owner/applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the owner/applicant.

The owner/applicarrt's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to this project' J

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023

DEVELOPMENT COSTS AND FEE REQUIREMENTS
cD (P)
cD (P)
cD (P)
cD (P)
OG
OG
OG
OG
The City, at its sole discretion, may utilize the services of outside legal counsel to assist in the implementation of this project, including, but not limited to, drafting, reviewing andlor revising agreements andlor other documentation for the project. If the City utilizes the services of such outside legal counsel, the City shall provide notice to the owner/applicant of the outside counsel selected, the scope of work and hourly rates, and the owner/applicant shall reimburse the City for all outside legal fees and costs incurred and documented by the City for such services. The owner/applicant may be required, at the sole discretion of the City Attorney, to submit a deposit to the City for these services prior to initiation of the services. The owner/applicant shall be responsible for reimbursement to the Citv for the services regardless of whether a deposit is required.

Ifthe City utilizes the services ofconsultants to prepare special studies or provide specialized design review or inspection services for the project, the City shall provide notice to the owner/applicant of the outside consultant selected, the scope of work and hourly rates, and the owner/applicant shall reimburse the City for actual costs incurred and documented in utilizing these services, including administrative costs for City personnel. A deposit for these services shall be provided prior to initiating review of the Grading Plan, Final Map, improvement plans, or beginning inspection, whichever is applicable.

The owner/applicant shall update the Folsom Plan Area Specific Plan Document to reflect any textural and graphic changes associated with the proposed project including the Specific Plan Amendment modifications to the commercial land use table (Table A.7) to the satisfaction of the Community Development Department. In addition, the owner/applicant shall provide the City with hard copies and an electronic copy of the updated FPASP Document.

The owner/applicant shall enter into an agreement with the City regarding the inclusion of and terms for third-party, off-site advertising on the Parcel 61 Electronic Readerboard Sign prior to City Council consideration of the Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sigrl proiect.

4. 5

6.

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023

CONDITIONS
See attached tables of conditions for which the following legend applies.

WHEN REQUIRED
Prior to approval of Improvement Plans
Prior to approval of Final Map
Prior to issuance of first Buildins Permit
Prior to aooroval of Occupancv Permit
Prior to issuance of Gradine Permit
Durine construction
On-going requirement
I
M
B
o
G
DC
OG

RESPONSIBLE DEPARTMENT
Community Development Department
Planning Division
Engineering Division
Building Division
Fire Division
Public Works Department
Park and Recreation Department
Police Department
CD
(P)
(E)
(B)
(F)
PW
PR
PD

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 4
Vicinity Map

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01/09/2024 Item No.17.

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Page 137 ends

01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 5
Proposed Modification to Folsom Plan Area
Specific Plan Development Standards Table 4.7
(Transportation, Communication, lnfrastructure)

Page 138 ends

01/09/2024 Item No.17.

Development Standards
Professional
Seryices - Genefal
Noass.'

1. Light manufacturing includes but is not limited to clean, non-toxic uses such as oflice centers, research and development facilities, warehouse and dislribution centers and other similar uses located in a low intensity, landscaped setting.

2. Personal seryices are defined intellectual or manual work performed by a service provider in serving a customer (for example, consulting seruices, massage thempy, weight counseling, personal concierge seruices, elc.).

3. l\4ajor medical seryices are defned as seruices requiring in-patient hospitalizalion or other setuices that requirc acute medical attention.

4. Ivlinor medical sewices are defined as oulpatient seryices including but not limited to Lasik surgery offices, dentistry offices, same day clinics, medical olfices, etc.

5. Child care facililies connected to office/professional businesses will be considered as an ancollary use.

6. SP-GC (Parcels 77, 78 & 85A) and SP-RC (Parcel 61 ) only.

7. Consistent with lhe SP-MLD development standards.

8. Applies to SP-RC-PD Parcel 61 only. Maximum one sign; Conditional Use Permit required.

SP.MU, SP-lND/OP, SP-CC, SP-GC & SP-RC Land Use
Permitted Uses
P Pemltted Use
LIP Lls6 Permit
A Accessory Use (TCD) Town Csnler District
NP Not Pemltted
Lqg€nd
RequlEd Pomlts

SP-GC SP-RC
Addltlonal References
Use Description
se-uu lse-ru crco)l sr-'"oroe SP-CC
Table A.7 (Continued)
ATI\4
Bank, Financial Seruices
Laboratory-M€dical
Health Care Facility
l\4edical Services-Major
lVedical Seruices-Minor
Office-Business, Seruice or Government
Office-Headquarters or Processing
Off ioe-Professional. Administralive
P
P
P
UP
NP
P
P
UP
P
P
P
P
NP
NP
P
P
UP
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Subject to FN/IC 17.22
UP
UP
UP
NP
NP
NP
P
P
NP
NP
I'P
UP
P
P
PIA
NP
P
UP
UP
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NP
NP
P
UP
P
P
P
NP
UP
UP
P
P
NP
NP
P
P
P
P
P
UP
P
P
P
P
UP
UP
P
Assisted Living Facility
Adult Daycare Facilities
Barber / Beauty Shops
Child Care Facility
Kennel, Animal Boarding
Maintenance/Repair Services-Equipment, Appliances
lvortuary, Funeral Home
Personal Seryices
Public Safety Facility
Vehicle Services-Major Repair/Body Work
Vehicle services-Maintenance and Minor Service
Veterinaru illnic. Animal Hosoital
Alternative Energy Technologies
City Water Facility
City Wastewater Facility
Parking Facility (PubliciPrivate)
Otf-Site Parking Facility (Ancillary Use)
Storm Drainage Facilities
Underground Utilities
Utility Facilities
Wireless Communication Facilities
Temporary Tract Construction Office
Temporary Tract Conslruction Equipment Yard
UP
NP
NP
P
P
P
P
UP
P
P
UP
NP
NP
P
P
P
P
UP
NP
NP
UP
P
P
P
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P
P
UP
UP
P
P
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UP
UP
P
P
P
P
P
P
UP
UP
P
P
P
A
P
P
P
uF
Subject to FMC 17.95
Subject to FMC 17.58.080
Subiect to FMC 17.58.080
Electronic Readerboard Sionaoe NP NP NP NP NP (JP a
Folsom Plan Area Specific Plan - September 2023 A-11 ****"-

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01/09/2024 Item No.17.

Planning Commission
Fotsom-Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 6
Preliminary Site Plan, dated June 15,2021

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01/09/2024 Item No.17.
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20676 Sheet 4

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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 7
Preliminary Sign Detaibn dated June 15,2021

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01/09/2024 Item No.17.
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01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 8
Photographs of Existing
Electronic Readerboard Signs

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01/09/2024 Item No.17.

Folsom Auto Mall Electronic Readerboard Sign

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Palladio at Broadstone Electronic Readerboard Sign
)
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Page 147 ends

01/09/2024 Item No.17.

Planning Commission
Folsom Plan Area Specific Plan Amendment for Electronic Readerboard Sign (SPPL 23-00051) November 15,2023
Attachment 9
Environmental Ghecklist and Addendum
for the Folsom Plan Area Specific PIan
Amendment for Electronic Readerboard project
dated October 26,2023 (documents can be
found on the Gity's website at
httos : //www.fo I som . ca . us/h ome/s howou b I is hedd oc u m e nt/l 54941 638344463582 73 000 0

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Attachment 3
Vicinity Map

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01/09/2024 Item No.17.
1 Mlles
{
HEL'X
Envlrcmontal Plannhg
Site qnd Vicinity Mop
Figure 1

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01/09/2024 Item No.17.

Attachment 4
Proposed Modification to Folsom Plan Area Specific Plan Development Standards TabIe A.7 (Transportation,
C ommunication, Infrastrucfure)

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01/09/2024 Item No.17.

Development Standards
Seryices-
Infraslructure
lvotes-'

1. Light manufacturing includes but is not limited to clean, non-toxic uses such as office centers, research and development lacilities, warehouse and distribution centers and other similar uses located in a low intensity, landscaped setting

2. Personal services are defined intellectual or manual work performed by a seruice provider in serying a customer (for example, consulting soruices, massage therapy, weight counseling, personal concierge seruices, etc.)

3. Major medi€l seryices are dofined as seruices requiring in-patient hospitalization or other seryices lhat require acule medical attention.

4. l\4inor mediel seryices are defined as out-patient seryices including but not limited to Lasik surgery oftlces, dentistry offices, same day clinics, medical ofllces, etc.

5. Child care facilitios connected to office/professional businesses will be considered as an ancellary use

6. SP-cc (Parcels 77, 78 & 85A) and SP-RC {Parcel 6 l ) only.

7. Consistent with the SP-MLO development standards.

8. Applies to SP-RC-PD Par@l 6 1 only. Maximum one sign; conditional Use Permit required.

SP-MU, SP-lND/OP, SP-CC, SP-GC & SP-RC Land Use
Permitted Uses
P P€mitted Use
UP Use Pemit
A Accessory Us€ CrCD) Town Center Distnct
NP Nol Pemitted
Leqend
Required P€mlts
se-r,ru lse-uu Crco)l se-rroroe sP-cc SP-GC SP-RC
Use Description
Table A.7 (Continued)
ATM
Bank, Financial services
Laboratory-lvledical
Health Care Facility
Medical Services-Major
Medical Services-Minor
Offi ce-Business, Seryice or Government
Office-Headquarters or Processing
Office-Profassionrl Adminislrative
P
P
P
ui
NP
P
P
UP
P
P
P
P
P
P
P
P
P
P
Assisted Living Facility
Adult Daycare Facilities
Barber / Beauty Shops
Child Care Facility
Kennel, Animal Boarding
Maintenance/Repair Seryices-Equipment, Appliances
lvloduary, Funeral Home
Personal Seruices
Public Safety Facility
Vehicle Seryices-Major Repair/Body Work
Vehicle Services-Maintenance and l\rinor Seruice
Valrrinaru clinic Animal HosDilal
UP
u:
qP
NP
NP
NP
P
P
NP
NP
UP
NP
NP
UP
NP
NP
NP
P
P
NP
NP
NP
Alternative Energy Technologies
City Water Facility
City Wasf ewate,r Facility
Parking Facility (Public/Private)
Off-Site Parking Facility (Ancillary Use)
Storm Drainage Facilities
Underground Utilities
Utility Facilities
Wireless Communication Facilities
Temporary Tract Construction Office
TemDorary Tract Construction Equipment Yard
UP
NP
NP
P
P
P
i
UP
P
P
UP
NP
NP
P
A
P
P
P
UP
NP
NP
UP
P
P
P
P
P
P
UP
UP
P
P
P
A
P
P
P
UP
UP
P
P
P
P
P
P
UP
Subject to FMC 17.95
Subject to FMC 17.58.080
SuOiectto rVC lZ.SA.OgO
Electronic Readerboard Siqnaqe NP NP NP NP NP UP I
Folsom Plan Area Specific Plan - September 2O23 A_11 .-

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01/09/2024 Item No.17.

Attachment 5
Environmental Checklist and Addendum for the Folsom
Plan Area Specific Plan Amendment for Electronic
Readerboard Sign project dated October 26,2023
(documents can be found on the City's website at
: //www. fo I s om. c a. uslhome/sho lisheddocument/
r54941638 344463s82730000)

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Folsom City Council
Staff Re ort

RECO / CITY ACTION
Staff requests that the Mayor, with approval from the City Council, appoint three at-large members to the Folsom Historic District Commission for two-year terms ending in December 2025.

BACKGROUND / ISSUE
Folsom Municipal Code Chapter 17 .52 establishes the Folsom Historic District Commission and defines the Committee's purpose of the Historic District Commission, in part, as to preserve and enhance the historic, small-town atmosphere of the Historic District; to encourage an active business climate which promotes the development of a diverse range of businesses compatible with the Historic District; to retain the residential areas within the Historic District; to ensure that new residential and commercial development is consistent with the historical character of the Historic District; and to increase the awareness, understanding, and appreciation of the history of the city.

The Commission is comprised of seven members consisting of one representative who is actively involved with historic preservation, one representative who is a resident of the Historic District, one representative who owns a business within the Sutter Street Subarea, two Planning Commissioners, one representative from a Historic District business outside the Sutter Street Subarea, and one architect, landscape architect, or other design professional with expertise in historic preservation.
1 MEETING DATE: U912024
AGENDA SECTION: New Business
SUBJECT: Appointment of Three At-Large Members to the Folsom Historic District Commission
FROM: City Clerk's Department

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01/09/2024 Item No.18.

The City Clerk's office received six applications. Those applications were provided to the Councilmembers in mid-November for advance review and consideration.

The three current vacant positions are for a representative who is a business owner within the Sutter Street subarea, a resident within the Historic District and an applicant representing the Historical Society / Historic Preservation. The three vacancies were created due to the expiration of each of the existing appointee's two-year terms ending in December 2023.

A Notice of Vacancy was published in the Folsom Telegraph and in the City's newsletter, posted on the clty's website, and on the bulletin boards located at City Hall. Conespondence was sent to current Historic District Commission members whose terms expire in December 2023 inviting them to submit an application for reappointment.

POLICY / RIiI,E
Folsom Code Section 2.35.030 states that at-large appointments to the Historic District Commission shall expire as follows:

December of even numbered Years:
. Planning Commission Members (2 appointees)
o Representative from a Historic District Business outside the Sutter Street subarea . Architect, Landscape architect, or other design profession December of odd-numbered Years:
o Historic Preservation
o Resident of the Historic District
o Business Owner within the Sutter Street subarea
Folsom Municipal Code Section 17.52.020 states that the mayor shall appoint each of the members, subject to the approval of the city council.

ANALYSIS
There are currently three vacancies for representatives of the Folsom Historic District Committee consisting of a business owner within the Sutter Street subarea, a resident within the Historic District and an applicant representing the Historical Society / Historic Preservation. Each of the two-year terms will end in December 2025. 2 Page 156
01/09/2024 Item No.18.

The City has received six applications for the three atlarge seats, as shown below:

ATTACHMENTS
None
Respectfu lly submitted,
Christa Freemantle, CMC
City Clerk
J
Eligible to ent:

Applicants Historic
Preservation
Resident of the
Historic District
Business
Owner within
the Sutter
Street subarea
Kathleen Cole (incumbent) X
Mark Dascallos (incumbent X
John Lane (incumbent) X
Jeff Mann X
Michael Sellitti x
Chandler Witthaus X

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l.',t;l .i-, iJ j;.1\l[
rr -tlraeYr.! 5i r,rlr,.li
Folsom City Council
Staff Re rt

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council introduce and conduct first reading of Ordinance No.

I34l - An Ordinance of the City Council of the City of Folsom Repealing Chapter 2.42 of the Folsom Municipal Code Pertaining to Initiative, Referendum and Recall Petitions.

BACKGROUND / ISSUE
Relying on previous (outdated) sections in the California Elections Code, the Folsom City Council Ln1996 added Chapter 2.42,"Initiative, Referendum and Recall Petitions" to the Folsom Municipal Code to regulate circulators gathering signatures for local initiatives, referendum, and recall elections. Chapter 2.42 rcquires that the circulators be: (1) Folsom residents; (2) registered voters; (3) registered with the Chief of Police; and (4) licensed if they are paid to gather signatures.

Since 1996, several cases and a California Attorney General opinion have made the requirements in Chapter 2.42 unconstitutional and unenforceable:

1. The US Supreme Court in 1998 decided in Buckley v. American Constitutional Law Foundation (525 U.S. 182) that the requirement where signature gatherers must be registered voters is unconstitutional.
1 MEETING DATE: U912024
AGENDA SECTION: New Business
SUBJECT: Ordinance No. 1341 - An Ordinance of the City Council of the City of Folsom Repealing Chapter 2.42 of the Folsom Municipal Code Pertaining to Initiative, Referendum and Recall Petitions (Introduction and First Reading)
FROM: City Attorney's Office

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01/09/2024 Item No.19.

2. The California Attorney General in 1999 opined that restricting signature gatherers to residents of the city is unconstitutional (82 Ops.Cal.Atty.Gen 250 (1999)).

3. The California Court of Appeals for the Fourth Appellate District in 2008 decided in Preserve Shorecliff Homeowners v. City of San Clemente (158 Cal.App.4th 1427)that requiring signature gatherers to reside and be eligible to vote in a city is unconstitutional.

POLICY / RULE
Section 6.01(B) of the City Charter defaults initiatives, referendum and recall procedures to the State law:

Section 6.01. Election Procedures:

B. Initiative, Referendum and Recall. The electors of the City reserve to themselves the powers of initiative and referendum and the recall ofelective officers, to be
exercised in the manner prescribed by the State Elections Code.

ANALYSIS
The provisions in Chapter 2.42 of the Folsom Municipal Code governing signature gatherers for initiatives, referendum, and recall petitions have been found unconstitutional by courts deciding similar provisions in other cities over the years. The relevant State laws in the California Elections Code have since been updated to conform with court decisions and the State Attorney General's Opinion where signature gatherers no longer must be residents or registered voters ofa city.

The City Charter already defaults initiatives, referendum and recall procedures to the State law, which have been updated by the State Legislature to remove the unconstitutional requirements. State law provides detailed procedures, requirements, and safeguards for signature gatherers in Chapter 2, "Petitions and Petition Signers" (Elections Code Sections 100 to 108), and the City does not need to have duplicative provisions in the Folsom Municipal Code that may be confusing or contrary to law.

To avoid confusion, staff respectfully recommend that the City Council introduce and conduct first reading of Ordinance No. T34I - An Ordinance of the City Council of the City of Folsom Repealing Chapter 2.42 of the Folsom Municipal Code Pertaining to Initiative, Referendum and Recall Petitions.

FINANCIAL IMPACT
This item has no impact on the City's general fund

ENVIRONMENTAL REVIEW
2Page 160
01/09/2024 Item No.19.

The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines $15061(cX3)), or are otherwise not considered a project as defined by Public Resources Code 921065 and CEQA Guidelines $15060(c)(3) and $15378. This Council action meets the above criteria and is not subject to CEQA. No environmental review is required.

Respectfully submitted,
Steven Wang, City Attorney
aJPage 161
01/09/2024 Item No.19.

ORDINANCE NO. 1341

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOLSOM REPEALING CHAPTER 2.42 OF THE FOLSOM MUNICIPAL CODE PERTAINING TO

INITIATIVE, REFERENDUM AND RECALL PETITIONS
The City Council of the City of Folsom does hereby ordain as follows:

SECTION 1 PURPOSE
The purpose of this Ordinance is to repeal Chapter 2.42,"Initiative, Referendum and Recall Petitions" in the Folsom Municipal Code to eliminate unconstitutional local laws and conform the initiative, referendum, and recall petition processes with the California Elections Code pursuant to Section 6.01(8) of the City Charter.

SECTION 2 REPEAL TO CODE
Chapter 2.42,"lnitiative, Referendum and Recall Petitions" of the Folsom Municipal Code is hereby repealed in its entirety. All proceedings with respect to initiatives, referendum, and recall petitions shall be consistent with the requirements in the California Elections Code.

SECTION 3 SCOPE
Except as set forth in this Ordinance, all other provisions of the Folsom Municipal Code shall remain in full force and effect.

SECTION 4 SEVERABILITY
If any section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council declares that it would have passed each section irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.

SECTION 5 EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in full or in summary within twenty (20) days after its adoption in a newspaper of general circulation in the City.

This Ordinance was introduced and the title thereof read at the regular meeting of the City Council on January 9,2024, and the second reading occurred at the regular meeting of the City Council on January 23,2024.

Ordinance No. 1341
Page I of2

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01/09/2024 Item No.19.

On a motion by Council Member seconded by Council Member the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of Califomia, this 23thday of January, 2024by the following roll-call vote:

AYES:

NOES:

ABSENT:

ABSTAIN
Councilmember(s):

Councilmember(s):

Councilmember(s):

Councilmember(s):

Michael D. Kozlowski, MAYOR
ATTEST:

Christa Freemantle, CITY CLERK
Ordinance No. l34l
Page2 of2

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Folsom City Council
Staff ort

RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council consider a proposed ballot measure for General Sales Tax and a proposed ballot measure for Special Sales Tax (both at the tax rate of 1.0%) to be presented to the voters at the November 2024 General Municipal Election.

Staff respectfully request the City Council select one of the two proposed ballot measures, or select none, and provide direction to staff.

BACKGROUND i ISSUE
At the October 24,2023 City Council meeting, the City Council directed staff to bring back for Council consideration proposed ballot measures for: (1) General Sales Tax; and (2) Special Sales Tax.

A Statewide General Election is scheduled to be held in Sacramento County on November 5, 2024. A General Municipal Election for the City of Folsom may be consolidated with the Statewide General Election for the pu{pose of submitting a ballot measure to the voters if 1 MEETING DATE: 1t912024
AGENDA SECTION: Old Business
SUBJECT: Potential Sales Tax Measure for November 2024 General Municipal Election

1. Sample Ballot Measure to Add a General Sales Tax at the Rate of One Percent (1.0%)

2. Sample Ballot Measure to Add a Special Sales Tax at the Rate of One Percent (1%)
FROM: City Attomey's Office

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01/09/2024 Item No.20.
desired by the City Council. All eligible voters throughout the City will be able to vote to approve or reject the proposed ballot measure.

POLICY / RULE
General Tax: Revenue and Taxation Code Section7285.9 authorizes cities to levy, increase, or extend a transactions and use tax for general purposes, al a rate of 0.125% or a multiple thereof, subject to approval of two-thirds (2/3) of the City Council and a majority (50% + 1) of qualified voters voting on the issue.

Special Tax: Revenue and Taxation Code Section7285.97 authorizes cities to levy, increase, oi extend a transactions and use tax for specific purposes, at a rate of 0.125% or a multiple thereof, subject to approval of two-thirds (213) of the City Council and two-thirds (213) ot qualified voters voting on the issue.

ANALYSIS
At the Council's direction, staff has prepared proposed ballot measures to enact a new sales tax in the City in the amount of 1.0 percent, one for a general tax and a second one for a special tax, as follows:

A. General Tax - Cify Revenue Measure (1.0 Percent Transactions and Use Tax) General tax requires a majority vote of the voters to pass (50% + 1). Revenue from the proposed general tax measure will be deposited in the City's general fund for the City to use for all governmental purposes.
2 CITY OF FOLSOM
MEASURE " ,)

FOLSOM ESSENTIAL CITY SERVICES MEASURE
Shall the measure to enact a 1 percent transaction and use tax (sales tax), providing approximately $29 million annually until ended by voters for general governmental purposes such as police, fire, transportation improvements, parks, trails, bike paths, economic development, enhanced recreation, senior, library, arts and cultural programs, requiring local control, citizenoversight and independent annual audits, with all funds staying in Folsom, be adopted? The tax revenue can be spent for "unrestricted general revenue putposes".

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01/09/2024 Item No.20.

CITY OF FOLSOM
MEASURE .. ,,

FOLSOM PUBLIC SAFETY AND ESSENTIAL CITY SERVICES

MEASURE
Shall the measure to enact a 1 percent transaction and use tax (sales tax), providing approximately $29 million annually until ended by voters with proceeds used only for the following specific pu{poses: _% for public safety,
-%
for fire protection,
-%
for parks/trail improvement,
-%for traffic/street maintenance, _% for economic development, and -%for capital improvement projects, requiring local control, citizen oversight and independent annual audits, with all funds staying in Folsom, be adopted?
B. Special Tax - City Revenue Measure (1.0 Percent Transactions and Use Tax) Special tax requires two-thirds (213) vote of the voters to pass (66.7%). Revenue from the pioposed special tax measure will be distributed in their respective shares and deposited in tp.iiut accounts with the City for use only for the purposes stated in the ballot measure and not for general governmental purposes.

Collection of the proposed tax would begin on April 1,2025 and would continue until repealed by voters of the City in a future election.

C. Citizens Oversight Committee
If desired by the City Counci\, aCitizens Oversight Committee can be created as part of the revenue measure to encourage citizen involvement in reviewing expenditures, providing oversight over expenditures, and making recommendations to the City Council regarding future expenditures of the special tax revenue. Tax revenue Citizens Oversight Commiffees are generally structured as follows:

1. Composition: 5 members (one from each Council District)

2. Appointment: each Committee member selected, appointed, or removed by their appointing Councilmember

3. Qualification: must be resident and registered voter in Folsom

4. Disqualification: cannot be a City employee or elected/appointed City public official (in order to maintain objectivity over the roles and functions of the Committee and to keep the Committee truly comprised of "citizens")
J Page 167
01/09/2024 Item No.20.

5. Term: 4 years

6. Meetings: At least once a year, if not more frequent

FINAN IMPACT
This item seeks direction from the City Council and has no impact on the City's general fund.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines g15061(c)(3)), or are otherwise not considered a project as defined by Public Resources Code g21065 and CEQA Guidelines $15060(cX3) and $15378. The Council's direction to staff meets the above criteria and is not subject to CEQA. No environmental review is required.

Respectfu lly submitted,
Steven Wang, City Attorney
4Page 168
01/09/2024 Item No.20.

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