1 Agenda
City Council Regular Meeting
Folsom City Hall | City Council Chambers, First Floor
50 Natoma Street, Folsom, CA 95630
January 23, 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
2 City Council Regular Meeting
Folsom City Hall | City Council Chambers, First Floor
50 Natoma Street, Folsom, CA 95630
www.folsom.ca.us
Tuesday, January 23, 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: Rohrbough, Aquino, Chalamcherla, Rodriguez, 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. Recognition of 2023 Folsom Holiday Lights Contest Winners
2. 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 generally limited to no more than three minutes. Except for certain specific exceptions, the City Council is prohibited from discussing or taking action on any item not appearing on the posted agenda.
3 CONSENT CALENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion.
Councilmembers may pull an item for discussion.
3. Approval of January 9, 2024 Regular Meeting Minutes
4. 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 (Second Reading and Adoption)
5. Resolution 11158–A Resolution Authorizing a Transfer of Police Special Revenue Trust Funds- Drug Asset Forfeiture, to the Police Department Operating Budget and the Appropriation of funds for the Purchase of Police Equipment and Training
NEW BUSINESS:
6. Ordinance No. 1342 - An Ordinance of the City Council of the City of Folsom Adding Subsection D to Section 2.36.050 of the Folsom Municipal Code Pertaining to Design Immunity (Introduction and First Reading)
7. Resolution No. 11159 – A Resolution to Declassify Five Landmark Trees within the Joint Powers Authority Landmark Grove to Allow for Removal as Part of the Sacramento Regional Transit Light Rail Modernization 15 Minutes to Folsom Project
8. Resolution No. 11160 – A Resolution Approving the North Alternative Alignment as the Preferred Alternative for the Folsom Boulevard Bicycle and Pedestrian Overcrossing Project and Authorize Staff to Apply for Grant Funding through Caltrans Cycle 7 Active Transportation Program
9. Resolution No. 11161 – A Resolution Authorizing the City Manager to Execute a Citywide Quarterly Citizen Award and Recognition Program
10. Update on Placerville Sacramento Valley Railroad (PSVRR) License Agreement for Excursion Rail Operations and Direction to Staff.
11. Consideration of Letter in Response to Demand Letter Received from Scott Rafferty Regarding Alleged Non-Compliance with the Brown Act
COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS
CITY MANAGER REPORTS
COUNCIL COMMENTS
ADJOURNMENT
NOTICE: Members of the public are entitled to directly address the City Council concerning any item that is described in the notice of this meeting, before or during consideration of that item. If you wish to 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
4 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 AGEND A SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.
The meeting of the Folsom City Council is being telecast on Metro Cable TV, Channel 14, the Government Affairs Channel, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The City does not control scheduling of this telecast and persons interested in watching the televised meeting should confirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City C ouncil 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 Lib rary located at 411 Stafford Street, Folsom, California during normal business hours.
B
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
The Folsom City Council will recognizethe2023 Holiday Lights Contest winners.
BACKGROUND / ISSUE
The City of Folsom hosted the citywide Folsom Holiday Lights Contest in December 2023.The City received more than 50 entries in five different categories. All participating homes and businesses were featured on the city website on an interactive map.
The entries were judged by five Folsom City Councilmembers. Winners received a commemorative sign from the City of Folsom and were recognized in the city e-newsletter and on city social media pages. This year, the City of Folsom partnered with local news and media website Folsom Times to promote the contest. The Folsom Times provided each winner with prizes from local businesses.
2023 Folsom Holiday Lights Contest wmners:
o Holly Jolly Residence - Best overall residence: 530 Flower I)rive o Clark Griswold - Best use of holiday lights (residential): 360 Listowe Drive o Hollywood Christmas - Best use of theme andlor fictional characters (residential):152 Witmer Drive
o Merry and Bright Business - Festive commercial business display: Bayside Churcho 870/890 Glenn Drive
o Illuminate the Block - Best multi-house display: Ledgemont Court I
MEETING DATE: U2312024
AGENDA SECTION: Scheduled Presentations
SUBJECT: Recognition of 2023 Folsom Holiday Lights Contest Winners FROM: City Manager's Office
Submitted,
01/23/2024 Item No.1.
Chris Shepard, Communications Officer
2 Page 6
01/23/2024 Item No.1.
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Folsom City Council
Staff Re rt
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.
Respectfu lly submitted,
Christa Freemantle, CMC
City Clerk
MEETING DATE: U2312024
AGENDA SECTION: Scheduled Presentations
SUBJECT: Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report
FROM: City Clerk's Department
1
01/23/2024 Item No.2.
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01/23/2024 Item No.2.
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Folsom City Council
January 9,2024
Gity Council Regular Meeting
MINUTES
January 9,2024
GALL TO ORDER
The regular City Council meeting was called to order at 6:30 pm with Mayor Mike Kozlowski presiding ROLL CALL:
Councilmembers Present: Sarah Aquino, Vice Mayor
YK Chalamcherla, Councilmember
Rosario Rodriguez, Councilmember
Anna Rohrbough, Councilmember
Mike Kozlowski, Mayor
Councilmembers Absent: None
PLEDGE OF ALLEGIANCE
The pledge of allegiance was recited
AGENDA UPDATE
City Attorney Steven Wang announced that item 3 is to be continued to a future meeting and that additional information had been submitted regarding item 17.
SGHEDULED PRESENTATIONS:
L A Resolution of Commendation - Celebrating the Folsom Zoo Sanctuary's 60th Anniversary Mayor Kozlowski presented the resolution of commendation.
2. Sacramento RegionalTransit Presentation on Folsom 1S-Minute Light Rail Service Project Public Works Director Mark Rackovan introduced the item. Regional Transit representative Craig Norman made a presentation and responded to questions from the City Council.
Speaker Bob Holderness addressed the City Council'
3. Folsom Tourism and Economic Development Corporation (TEDCorp) Quarterly Report Item 3 was continued to a future meeting.
Droft - Not official lJntil Approved by the City Council
01/23/2024 Item No.3.
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January 9,2024
BUSINESS FROM THE FLOOR:
The following speakers addressed the City Council
JudiAlexander
Steve Heard
Dan Caison
GONSENT CALENDAR:
Items appeanng 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. 1 1 138 - A Resolution Authorizing the City Manager to Execute an Agreement with Serpa Chiropractic, lnc. for the Acquisition of a Drainage Easement at 513 Natoma Street in Relation.to the Natoma Street Drainage lmprovement Project, Project No. PW1901, State Project No. 5288(047) and Appropriation of Funds
8. Resolution No. 11 149 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, lnc. for Fire Station No. 35 First-ln Fire Station Alerting System Upgrades g. Resolution No. 1 1 150 - A Resolution Authorizing the City Manager to Execute an Agreement with Westnet, lnc. for Fire Station No. 34 First-ln Fire Station Alerting System
10. Resolution No. 11151- A Resolution Authorizing the City Manager to Execute a Construction Agreement with CentralValley Engineering & Asphalt, lnc. for the Johnny Cash Trail Cash's Pick No. 1 Project Construction and Appropriation of Funds
11. pulled for discussion
12. pulled for discussion
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
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, lnc. 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
Draft - Not Officiql tJntil Approved by the City Council
01/23/2024 Item No.3.
Book77 Page 194
Folsom City Council
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Motion by Vice Mayor Aquino, second by Gouncilmember Rohrbough to approve Consent Galendar items 4-10,13-16. Motion passed by the following roll-callvote:
AYES: Aquino, Ghalamcherla, Rodriguez, Rohrbough, Kozlowski NOES: None
ABSENT: None
ABSTAIN: None
CONSENT CAL ENDAR ITEMS PULLED FOR DISCI.JSSION:
1 1. Resolution No. 11152 - A Resolution Authorizing the City Manager to Execute a Consultant and Professional Services Agreement with GhirardelliAssociates, lnc. for lnspection and Resident Engineer Services for the East Bidwell/lron Point Road/US50 Onramp lmprovement Project, Project No. PW2203 and Appropriation of Funds
Councilmember Chalamcherla pulled this item to ask about the bidding process. Public Works Senior Civil Engin eer Zaeh Bosch responded.
Motion by Councilmember Ghalamcherla, second by Gouncilmember Rodriguez to approve Resolution No. 11152. Motion passed by the following roll-call vote:
AYES: Aquino, Ghalamcherla, Rodriguez, Rohrbough, Kozlowski NOES: None
ABSENT: None
ABSTAIN: None
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 Councilmember Rohrbough pulled this item to propose the matter comes back for further discussion to preserve services and to considering using general fund contingency to cover the difference in budgeted amount and cost.
City Manager Andersen sought and received additional information and clarification from City Attorney Wang.
Motion by Gouncilmember Rohrbough, second by Councilmember Chalamcherla to continue the item to further discuss the scope of the contract extension and funding options.
The City Council discussed the matter.
Draft - Not Official lJntil Approved by the City Council
01/23/2024 Item No.3.
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January 9,2024
Gouncilmember Rohrbough's motion failed by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Ghalamcherla, Rohrbough,
Aquino, Rodriguez, Kozlowski
None
None
Motion by Gouncilmember Aquino, second by Gouncilmember Rodriguez to approve Resolution No. 11153. Motion passed by the following roll-callvote:
AYES: Aquino, Ghalamcherla, Rodriguez, Rohrbough, Kozlowski NOES: None
ABSENT: None
ABSTAIN: NonE
PUBLIG HEARING:
17. Resolution No. 11139 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan ElRyElS 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 (continued from the December 12, 2023 meeting)
Principal Planner Steve Banks made a presentation and responded to questions from the City Council.
Mayoi Kozlowski opened the public hearing. Hearing no speakers, the public hearing was closed.
Motion by Gouncilmember Rodriguez, second by Gouncilmember Chalamcherla to approve Resolution No. 11139. Motion passed by the following roll-callvote:
AYES: Aquino, Ghalamcherla, Rodriguez, Rohrbough, Kozlowski NOES: None
ABSENT: None
ABSTAIN: None
Draft - Not officiol tJntil Approved by the City Council
01/23/2024 Item No.3.
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Folsom City Council
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NEW BUS INESS:
18. Appointment of Three At-Large Members to the Folsom Historic District Commission Using a ballot process, the City Council unanimously appointed:
John Lane, Historic Preservation Seat
Mark Dascallos, Business Owner with the Sutter Street Subarea Kathleen Cole, Resident of the Historic District
1g. 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 lnitiative, Referendum and Recall Petitions (lntroduction and First Reading)
City Attorney Steven Wang made a presentation and responded to questions from the City Council.
Motion by Vice Mayor Aquino, second by Mayor Kozlowski to introduce Ordinance No. 1341.
Motion passed by the following roll-call vote:
AYES: Aquino, Chalamcherla, Rodriguez, Rohrbough, Kozlowski NOES: None
ABSENT: None
ABSTAIN: None
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 (1.0o/o) City Attorney Steven Wang made a presentation and responded to questions from the City Council.
The following speakers addressed the City Council
Justin Raithel
Mike Reynolds
Loretta Hettinger
Bruce Cline
City Attorney Wang provided additional direction and clarification. The City Council discussed the potential sales tax measure.
The following speaker addressed the City Council:
Bill Romanelli, consultant for citizens' initiative measure The City Council discussed the potential sales tax measure' At the conclusion of further discussion, the City Council directed staff to bring back a potential special sales tax measure at the second City Council meeting in March for consideration. Prior to giving that Draft - Not Officiol Until Approved by the City Council
01/23/2024 Item No.3.
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directive, the City Council agreed to present a revenue measure on the November election ballot, and further agreed that the revenue measure should be in the form of a special sales tax.
COUNCIL REOUESTS FO FUTURE AGENDA ITEMS
Councilmember Rohrbough requested a presentation from Police regarding possible solutions to curtail some of the problems related to homelessness and a presentation regarding impact fee funding for a police substation.
Councilmember Rodriguez requested information regarding regional collaborative work regarding homelessness.
Vice Mayor Aquino requested presentations regarding permissible uses of accessory dwelling units and regarding the possible annexation of the part of American River Canyon that is in the San Juan boundaries into the Folsom Cordova boundaries.
CITY MANAGER REPORTS:
City Manager Andersen wished City Attorney Wang a happy birthday. She spoke of zoo docent training, River District area master planning process, and CAPS volunteers.
COUNCIL COMMENTS:
Councilmember Rodriguez thanked law enforcement. She spoke of the ice-skating rink, the FCUSD board meeting, and the Library Commission's work.
Councilmember Rohrbough spoke of the FCUSD board meeting.
Councilmember Chalamcherla wished everyone a happy new year and thanked city staff.
Vice Mayor Aquino thanked Folsom Police and suggested using refillable water bottles instead of bottled water at the dais.
Mayor Kozlowski noted the Folsom Bulldog football team's success.
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 9:25 pm.
SUBMITTED BY:
ATTEST
Michael D. Kozlowski, Mayor
Droft - Not Official Until Approved by the City Council Christa Freemantle, City Clerk
01/23/2024 Item No.3.
Folsom City Council
Staff Re rt
ATIO cIL
Staff recommends that the City Council conduct second reading and adopt Ordinance No' l34l - 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
The City Council introduced and conducted first reading of this Ordinance at its January 9, 2024 meeting. There is no change to the Ordinance.
Relying on previous (outdated) sections in the California Elections Code, the Folsom City Council in1996 added Chapter 2.42,"Iritiative, Referendum and Recall Petitions" to the Folsom Municipal Code to regulate circulators gathering signatures for local initiatives, referendum, and recall elections. Chapter 2.42 requires that the circulators be: (l) Folsom residents; (2) registered voters; (3) registered with the Chief of Police; and (a) licensed if they are paid to gather signatures.
Since 1996, several cases and a California Attomey General opinion have made the requirements in Chapter 2.42 unconstitutional and unenforceable:
1 MEETING DATE: 112312024
AGENDA SECTION: Consent Calendar
SUBJECT Ordinance No. 1341 - An Ordinance of the City Council of the City of Folsom Repealing Chapter2.42 of the Folsom Municipal Code Pertaining to Initiative, Referendum and Recall Petitions (Second Reading and Adoption)
FROM: City Attorney's Office
01/23/2024 Item No.4.
1. The US Supreme Court in 1998 decided in Buckley v. American Constitutional Law Foundation (525 U.S. 182) thatthe requirement where signature gatherers must be registered voters is unconstitutional.
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 ShorecliffHo*ri*rrrc v. City of San Clemente (158 Cal.App.4th I42tlthat 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 conduct second reading and adopt 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.
2 Page 16
01/23/2024 Item No.4.
F'INANCIAL IMPACT
This item 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 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.
ATTACHMENT
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 (Second Reading and Adoption)
Respectfully submitted,
Steven Wang, City AttorneY
J Page 17
01/23/2024 Item No.4.
ORDINANCE NO. 1341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF F'OLSOM REPEALING CHAPTER 2.42 OF TH'B, F'OLSOM AL 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,"lnitiative, Referendum and Recall Petitions" in the Folsom Code to eliminate unconstitutional local laws and conform the initiative, referendum, and recall petition processes with the Californra 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 fulI force and effect'
SECTION 4 SEVERABILITY
Ifany section, subsection, sentence, clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions -of
tnir 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
01/23/2024 Item No.4.
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 California, this 23th 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
Ordinance No. i341
Page2 of2
01/23/2024 Item No.4.
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01/23/2024 Item No.4.
h
Folsom City Council
Staff Re rt
MEETING DATE: 1t2312024
AGENDA SECTION: Consent Calendar
SUBJECT Resolution 11158- A Resolution Authorizing a Transfer of Police Special Revenue Trust Funds-Drug Asset Forfeiture, to the Police Department Operating Budget and Appropriation of Funds for the Purchase of Equipment and Training
FROM: Police Department
RECOMMENDATION i COIINCIL ACTION
Staff recommends that the City Council adopt Resolution 11158-4 Resolution Authorizing a Transfer of Police Special Revenue Trust Funds-Drug Asset Forfeiture, to the Police Department Operating Budget and the Appropriation of funds for the Purchase of Police Equipment and Training.
BACKGRO / ISSIIE
The Police Department currently participates in federal, state, and local drug asset forfeiture programs. The goal of these programs is to strip drug traffickers of the profits they derive from illicit controlled substance sales, thus limiting their ability to continue with their illegal enterprise. While arrest and drug seizures usually are temporary setbacks for drug traffickers, asset forfeiture often permanently impairs the criminal's ability to continue with their illegal commerce.
Education and drug abuse prevention programs are funded with asset forfeiture proceeds.
Additionally, by statute, law enforcement agencies are permitted to use the proceeds of asset forfeiture to purchase safer, more effective equipment they could otherwise not afford. In a very real way, then, asset forfeiture allows law enforcement agencies to turn criminal profits into supplemental funding which, in turn, is used to address illegal drug sales and serve to enhance educational and preventive programs.
The Police Department is requesting approval to transfer special revenue funds-drug asset forfeiture, to the Police Department operating budget and appropriation of funds for the purchase 1
01/23/2024 Item No.5.
of police equipment and training that is necessary for the effective and safe implementation of the Department' s mission.
POLICY / RULE
Folsom Municipal Cqdg Section 3.02.030 requires that any transfer of funds from unappropriated balances be approved by the City Council.
ANALYSIS
Section 11489(d) of the California Health and Safety Code allows for the use of drug asset forfeiture monies to purchase law enforcement equipment, training and other items that would assist law enforcement efforts, provided the monies do not supplant any state or local funds that would, in the absence of section 11489(d) of the California Health and Safety Code, be made available to support law enforcement efforts in that agency' The letter and spirit of asset forfeiture law allows for local law enforcement agencies to utilize legally seized and adjudicated assets from drug traffickers to be used to purchase equipment the agencies would not normally be able to afford. Given the City's current fiscal challenges, training and equipment to be purchased in this proposal, while necessary, would be unfeasible without utilizing asset forfeiture funds.
In the City of Folsom, asset forfeiture proceeds are maintained in a special revenue trust fund (Fund 751). These funds are non-supplanting and restricted and the proposed equipment purchase is consistent with prior City Council direction on the expenditure of asset forfeiture proceeds.
FINANCIAL IMPACT
The projected cost of this proposal is $90,000. The approved FY 2023-24 budget for Police Operations and the Police Special Revenue Trust Fund (Fund75I) do not include appropriations for these purchases.
For the cost to purchase police equipment and training, staff is requesting to transfer fund balance from the Police Special Revenue Trust Fund (Fund 751) to the Police Department's Operating Budget in the General Fund (Fund 010). Additionally, staff is requesting an appropriation of $90,000 in the Police Department's Operating Budget in the General Fund (Fund 010). Sufficient funds arc available in the Police Special Revenue Trust Fund (Fund 751) for the fund balance transfer.
ATTACHMENTS
Resolution No. 11158- A Resolution Authorizing a Transfer of Police Special Revenue Trust Funds-Drug Asset Forfeiture, to the Police Department Operating Budget and the Appropriation of funds for the Purchase of Police Equipment and Training 2 Page 22
01/23/2024 Item No.5.
Submitted,
Rick Hillman, Chief of Police
5 Page 23
01/23/2024 Item No.5.
RESOLUTION NO. 11158
A RESOLUTION AUTHORIZING A TRANSFER OF POLICE SPECIAL REVENUE TRUST F'UNDS. DRUG ASSET FORFEITURE'TO THE POLICE DEPARTMENT
OPERATING BUDGET AND APPROPRIATION OF FUNDS FOR THE PURCHASE OF
POLICE EQUIPMENT AND TRAINING
WHEREAS, the police equipment and training purchased with these funds is necessary for employees of the police department to safely and effectively carry out the department's mission; and WHEREAS, the purchase of this police equipment and training is consistent with the spirit and intent of drug asset forfeiture law; and
WHEREAS, For the cost to purchase police equipment and training, staff is requesting to transfer $90,000 of fund balance from the Police Special Revenue Trust Fund (Fund 751) to the Police Department's Operating Budget in the General Fund (Fund 010). Additionally, staff is requesting an appropriation of $90,000 inthe Police Department's Operating Budget inthe General Fund (Fund 010); and
WHEREAS, sufficient funds are available in the Police Special Revenue Trust Fund (Fund 751) for the fund balance transfer; and
WHEREAS, the equipment purchased will include computers, advanced firearms training equipment, personal protective equipment, audio visual equipment, training room equipment upgrades and pre-employment testing software; and
WHEREAS, the City of Folsom's Core Values support innovation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the Finance Director to transfer fund balance in the amount of $90,000 from the Police Special Revenue Trust Fund (Fund 7 5l) to the General Fund (Fund 01 0), and to increase appropriations in the Police Department's Operating Budget by $90,000 in the General Fund (Fund 010) PASSED AND ADOPTED this 23 day of January,2024, by the following roll-call vote AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Councilmember(s
Councilmember(s
Councilmember(
Councilmember(
):
):
):
):
s
S
Christa Freemantle, CITY CLERK
Resolution No. 11158
Page I of I
Michael D. Kozlowski, MAYOR
01/23/2024 Item No.5.
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council introduce and conduct first reading of Ordinance No 1342 - An Ordinance of the City Council of the City of Folsom Adding Subsection D to Section 2.36.050 of the Folsom Municipal Code Pertaining to Design Immunity.
BACKGROUND / ISSUE
Design immunity under Government Code Section 830.6 is one of the most powerful affirmative defenses for public entities. Partly due to a large number of lawsuits filed against public agencies alleging dangerous condition of public property with multi-million dollar demands, the City's risk pool, Northern California Cities Self-Insured Fund Q.{CCSIF) has requested that its member cities adopt an ordinance to formally document and preserve design immunity in those types of lawsuits.
POLICY / RULE
Pursuant to Section 2.02 of the City Charter, all powers of the City shall be vested in the City Council except as otherwise provided by the City Charter.
I
MEETING DATE: U23/2024
AGENDA SECTION: New Business
SUBJECT: Ordinance No. 1342 - An Ordinance of the City Council of the City of Folsom Adding Subsection D to Section 2.36.050 of the Folsom Municipal Code Pertaining to Design Immunity
(Introduction and First Reading)
FROM: City Attorney's Office
01/23/2024 Item No.6.
ANALYSIS
California law provides various causes of actions for aggrieved parties to sue for monetary and non-monetary damages, as well as immunities and defenses where the State Legislature has deemed to be important public policy to shield certain individuals and entities from liability. An exampli is legislative immunity where the City Council cannot be held liable for enacting laws. Another example is judiciat immunity where judges cannot be held liable for making rulings contrary to popular sentiment'
Pertinent to public agencies being sued for an alleged dangerous condition of public property, the defense of design immunity will almost always be raised in a motion for summary judgment where th- judge will be asked to decide whether there is any substantial evidence ittuittr. public property *ar r"arotrably designed. A civil engineer's opinion that the design *u, ,"urorably approved constitutes substantial evidence suffrcient to support design immunity regardless of any conflicting witness testimony to the contrary.
The final design of all of the City's public works projects has routinely been approved by either the Pubiic Works Director or the City Engineer. Their signatures on the plan documents constitute substantial evidence that the public works project was reasonably designed, therefore entitling the City to assert the design immunity defense in lawsuits alleging dangerous condition of public property. The City has always relied on a civil "rrgin.Jr', 1i.e., City Engineer or the Public Works Director) stamp and signature on design documents to assert design immunity wherever appropriate. This Ordinance is prepared at the request of the Crty's risk pool NCCSIF to fomally document and preserve the City's ability to raise design immunity as a defense.
FIN IMPACT
This item has no impact on the City's general fund'
E,NVIRONMENTAL 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. This Council action meets the above criteria and is not subject to CEQA. No environmental review is required.
2 Page 26
01/23/2024 Item No.6.
ATTACHMENT
Ordinance No. 1342 - An Ordinance of the City Council of the City of Folsom Adding Subsection D to Section2.36.050 of the Folsom Municipal Code Pertaining to Design Immunity (Introduction and First Reading)
Respectfully submitted,
Steven Watg, City Attorney
3 Page 27
01/23/2024 Item No.6.
ORDINANCE NO. 1342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOLSOM ADDING SUBSECTION D TO SECTION 2.36.050 OF THE FOLSOM MUNICIPAL CODE
PERTAINING TO DESIGN IMMUNITY
The City Council of the City of Folsom does hereby ordain as follows:
SECTION 1 PURPOSE
The purpose of this Ordinance is to add subsection D to Section2.36.050, "Authority and duties", of the Folsom Municipal Code to formally document and preserve design immunity in lawsuits involving public works projects. This Ordinance confirms and ratifies past City practices of preserving and asserting the defense of design immunity in lawsuits where said immunity was raised and asserted by the City.
SECTION 2 ADDITION TO CODE
Section 2.36.050(D) is hereby added to the Folsom Municipal Code to read as follows:
2.36.050 Authority and duties.
D. The Public Works Director and City Engineer are authorizedto approve plans or designs for purposes of design immunity pursuant to Government Code Section 830.6 for all public works projects approved by the City. Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code Section 830.6.
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 affectthe 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 factthat any one or more section, subsection, sentence, clause, or phrase be declared unconstitutional, invalid, or ineffective.
Ordinance No. 1342
Page I of2
01/23/2024 Item No.6.
SECTION 5 EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days from and after its passage and adoption, provided it is published in fulI 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 23,2024, and the second reading occurred at the regular meeting of the City Council on February 13,2024.
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 California, this 13th day of February,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. 1342
Page2 of2
01/23/2024 Item No.6.
This page is intentiono.IlA W blank
to facilitate double- sided printing .
01/23/2024 Item No.6.
h
Folsom City Council
Staff Re ort
RECOMMENDATION / CITY COUNCIL ACTION
Adopt Resolution No. 11159 - A Resolution to Declassifu Five Landmark Trees within the Joint Powers Authority Landmark Grove to Allow for Removal as Part of the Sacramento Regional Transit Light Rail Modernization 15 Minutes to Folsom Project.
BACKGRO / ISSIIF],
Longstanding trees contribute to the City of Folsom's character and "Distinctive by Nature" adage. One of the ways in which the City of Folsom shows recognition for particularly noteworthy specimens is through a Landmark Tree Registry. Landmark trees are trees that have been designated by the City Council as exceptional due to outstanding characteristics, special ecological contributions, or historical importance.
On March 9,1999, the City Council adopted Resolution No. 591 1 - A Resolution Establishing Landmark Tree Designation at the JPA Right-of-Way on Folsom Boulevard Between Bidwell Street and Blue Ravine Road to underscore the historical and ecological value of the native trees along the Folsom Boulevard scenic corridor. The associated staff report called attention to the possibility that the Joint Powers Authority (JPA), as the property owner, may potentially need to declassifu one or more Landmark Trees for light rail improvements in the future. By designating the trees along the Folsom Blvd JPA corridor as Landmark Trees, City Council became the decision-making body for any future requests for declassification for the purposes of any tree removals that might be necessary for light rail improvements.
I
MEETING DATE: 1123/2024
AGENDA SECTION: New Business
SUBJECT: Resolution No. 11159 - A Resolution to Declassiff Five Landmark Trees within the Joint Powers Authority Landmark Grove to Allow for Removal as Part of the Sacramento Regional Transit Light Rail Modernization 15 Minutes to Folsom Project
FROM: Community Development Department
01/23/2024 Item No.7.
JPA Landmark Grove
Aerial image illustrating the location and span of the Joint Powers Authority (JPA) Landmark Grove, which traverses along the east edge of Folsom Blvd berween Blue Ravine Rd and Bidwell St.
On December 11, 2023, an application to declassifu multiple trees within the JPA Landmark Grove was submitted to the Community Development Department by Dokken Engineering on behalf of Sacramento Regional Transit District (SacRT) in anticipation of their Folsom Light Rail Modemization Double Track Project. The planned project entails the construction of a passing track, adding a loading platform at the Glenn station, and adapting an existing platform at this station to accommodate modernized rail vehicles. Collectively, the improvements are anticipated to increase the operation of light rail trains from the Sunrise Station (Rancho Cordova) to the Historic Folsom Station reducing train hgadway capacity from every 30 minutes to 15 minutes. As planned and approved, the project will require the removal of five (5) oak trees, which conflict with the project footprint, as well as the pruning of several others along the corridor to provide necessary clearance for construction activities and the new light rail infrastructure.
2 Page 32
01/23/2024 Item No.7.
The City's application for Landmark declassification requires a letter of justification. The SacRT letter ofjustification dated December I1,2023 (Attachment 1) initially identified four trees requiring removal to allow for the project. However, following review and comment by City staff, an updated arborist report was submitted to the Community Development Department in early January 2024 v,rhich identified five oaks requiring removal and an additional 32 requiring pruning in order to accommodate the project.
Excerpt from the arborist report prepared by Dokken Engineering showing proposed tree work prescriptions within the JPA Landmark Grove to accommodate the planned light rail improvements
POLICY / RULE
Native oak species measuring six inches in diameter at standard height (54" above grade) and greater are protected under Chapter 12.16 as Native Oak Trees, requiring a staff level discretionary tree permit prior to removal. In accordance with Section 12.16.170 of the Folsom Municipal Code, the Landmark Tree designation established under Resolution No. 5911 adds protections to all trees within the JPA corridor, inclusive of oak trees smaller than six inches in diameter at standard height and non-oak species that would not otherwise be protected.
Additionally, the Landmark Tree status escalates the review body for declassificatiorVremoval from City staff to the City Council.
a
J
[-]..l rree SurveyArea
o
o
a
Tr66s Protecled ln Place
Trees to be Trlmmod
Tr€e6 to b6 Romoved
Flgure 4
Tree lmpactc Map
Sho€t 1 of 4
sacRT Folsom Llghl Rail
@
1 inch = 250 feet
reFget
01/23/2024 Item No.7.
Section 12.I6.170(D) of the Folsom Municipal Code allows a property owner to submit an application to the Community Development Department, requesting that the City Council declassiff by resolution a tree or group of trees previously designated as a Landmark Tree(s).
In order to remove the landmark designation of a tree, the City Council must find that the tree is no longer a significant community benefit because it meets one or more of the following factors:
l) The tree(s) has significantly deteriorated in health or appearance. 2) The tree(s) no longer possesses habitat value.
3) The tree(s) prevents reasonable use ofthe property.
If the City Council declassifies a tree or group of trees previously designated as a Landmark Tree, a copy of the resolution is provided to the property owner and the city's Urban Forester will remove the tree(s) from the Landmark Tree Registry. Subsequently, the owner/applicant may submit a tree removal permit application to the Community Development Department and mitigate for the removals in accordance with Folsom Municipal Code 12.16.150.
ANALYSIS
The species distribution of tree resources within the project area of the JPA Landmark Grove is comprised primarily of interior live oak (Quercus wislizeni), with a small number of blue (Q. dougtasii) and valley (Q. lobata) oaks interspersed throughout; along with a single black walnut (Juglans nigra). A detailed survey of all the trees located in proximity to the project area can be found within the arborist report, included herein as Attachment 2. Of the Landmark Trees surveyed, 32 will require pruning to accommodate the proposed permanent features of the project or the necessary clearance for access during construction. Said pruning will require a tree work permit from the Community Development Department, must be performed by an arborist certified with the International Society of Arboriculture, and must conform with all applicable City standards and policies.
Prior to the onset of construction, the project proponent will be required to establish a ttee protection zone (TPZ) by enclosing all Landmark Trees to be retained in high-visibility exclusionary fencing affixed with weatherproof warning signs. Said fencing shall encompass as much of the critical root zone as possible in order to allow for the work and shall remain in place for the duration ofthe project.
Five oaks within the project area are located within the footprint of the proposed project improvements or are otherwise in such close proximity that the necessary pruning would constitute a critical impact resulting in the likely death of the tree. If the SacRT Light Rail Modernization Double Track Project is to move forward, these five oaks will need to be removed. The five oaks are delineated in Table 1 below, followed by staff s assessment of 4 Page 34
01/23/2024 Item No.7.
applicability for each of the three findings in Section 12.16.170(D)(2) in consideration of declassification of the subject Landmark Trees.
Table I
Oaks Proposed for Removal
Tae # Common Name Botanical Name Condition DSH
4880 Blue oak Quercus douglasii Good 21"
4882 Interior live oak Quercus wislizeni Good 7"
4885 Interior live oak Quercus wislizeni Good 1
t)
4893 Interior live oak Q.uercus wislizeni Good 1
),
4894 Valley oak Quercus lobata Good 2"
TOTAL 32"
The trees have signfficantly deteriorated in health or appearance Based on the information provided in the arborist report, which has been verified by the Urban Forester, the subject five oaks are in good condition. Therefore, this finding would not apply in consideration for declassification of the Landmark Tree designation.
The trees no longer have habitat value
Native oaks (genus Quercus) are keystone species, supporting more life-forms than any other tree genus. As such, this finding would not apply in consideration for declassification of the Landmark Tree designation.
The trees prevent reasonable use ofthe property
As described in the paragraphs above and illustrated in the supplemental documents attached to this report, SacRT contends that the five subject trees cannot feasibly be retained concurrently with their project as presently designed. Staff have reviewed the application documents and confirmed that the Light Rail Modernization project as designed is not compatible with the retention of oak #s 4880, 4882,4885, 4893, and 4894. 4885
4882
4880
4894
l -
JTreesurveyAraa
0 a
a
Trc€s Protocled ln Place
T16€8lo be Tdmmed
Tre€B to be Remo\rsd Page 35
01/23/2024 Item No.7.
CONCLIISION
The Urban Forester has confirmed the SacRT Light Rail Modernization endeavor cannot proceed congruently with retention of Landmark Tree #s 4880, 4882,4885, 4893, and 4894 as the project is currently designed. Thus, staff agree that a finding can reasonably be made for declassification under Folsom Municipal Code 12.16.170(D)(2)(3): The tree(s) prevents reasonable use of the property.
As such, staff recommends the City Council adopt Resolution No. 11159 - A Resolution to Declassify Five LandmarkTrees within the Joint Powers Authority Landmark Grove to Allow .for Removal as Part of the Sacramento Regional Transit Light Rail Modernization l5 Minutes to Folsom Proiect with the expectation that the project proponent will remove and mitigate the subject trees in accordance with the Chapter 12.16 of the Folsom Municipal Code.
FINANCIA I,IMPACT
The applicant has supplied the $287 application fee for declassifuing a Landmark Tree designation. If approved by City Council, the resolution to declassiff the subject trees will allow the applicant to submit a tree removal permit and associated mitigation in-lieu fees (estimated at $8,000) to the Community Development Department.
Pursuant to Section 12.16.160 of the Folsom Municipal Code, the anticipated mitigation fees will be deposited into the City's Tree Planting and Replacement Fund, which is utilized for tree planting projects, administration of supplemental tree programs, and maintenance of Landmark Trees.
ENVIRONMENTAL REVIEW
In consideration of environmental impacts, SacRT prepared an Initial Study and Mitigated Negative Declaration (IS/MND) for the project in January of 2020 in accordance with the California Environmental Quality Act (CEQA). The study found that a less-than significant impact on air qualrty and biological resources is expected from the project as a result of tree removals contingent upon the preparation of an arborist survey and mitigation for the tree removals through either a tree replacement plan or payment of in-lieu fees in conformance with local j urisdictional policies.
In keeping with the findings of the ISiMND, SacRT has acquired an arborist survey and plans on mitigating for the removal of the five subject trees through payment of the associated in-lieu fees as outlined in Section 12.16.I50 of the Folsom Municipal Code.
The full IS/MND document can be accessed by visiting: httos : //www. sacrt. com/aoos/wn- content/uploads/Folsom-Gold-Line-Double-Track-Final-IS-MND Jan-2020.pdf 6 Page 36
01/23/2024 Item No.7.
ATTACHMENTS
1. Resolution No. I ll59 - A Resolution to Declassiff Five Landmark Trees within the Joint Powers Authority Landmark Grove to Allow for Removal as Part of the Sacramento Regional Transit Light Rail Modemization 15 Minutes to Folsom Project.
2. SacRT Letter of Justification
3. Arborist Report
4. Light Rail Modemizationlmprovement Plan Exceqpt
5. ResolutionNo.5911
6. Current Map of Landmark Trees
Submitted,
PAM JOHNS
Community Development Director
7 Page 37
01/23/2024 Item No.7.
ATTACHMENT 1
RESOLUTION NO. 11159 - A RESOLUTION TO DECLASSIF'Y F'IVE
LANDMARK TREES WITHIN THE JOINT POWERS AUTHORITY
LANDMARI( GROVE TO ALLOW FOR REMOVAL AS PART OF
THE SACRAMENTO REGIONAL TRANSIT LIGHT RAIL
MODERNTZATION 15 MINUTES TO FOLSOM PROJECT
01/23/2024 Item No.7.
RESOLUTION NO. 11159
A RESOLUTION TO DECLASSIFY FIVE LANDMARK TREES WITHIN THE JOINT
POWERS AUTHORITY LANDMARI( GROVE TO ALLOW FOR REMOVAL AS
PART OF'THE SACRAMENTO REGIONAL TRANSIT LIGHT RAIL
MODERNIZATION 15 MINUTES TO FOLSOM PROJECT
WHEREAS, Section 12.16.020 of the Folsom Municipal Code defines Landmark Trees as a tree or group of trees determined by the City Council to confer a significant community benefit to the general public due to the size, age, location, historic association or ecological value; and WHEREAS, Resolution No. 5911 - A Resolution Establishing Landmark Tree Designation at the JPA Right-of-Way on Folsom Boulevard Between Bidwell Street and Blue Ravine Road was adopted on March 9,1999, to underscore the historical and habitat contribution of the native grove along Folsom Boulevard JPA scenic corridor. The associated staff report also called attention to the possibility that the Joint Powers Authority (JPA), as the property owner, may potentially need to declassifr one or more Landmark Trees for light rail improvements in the future; and
WHEREAS, the City of Folsom Urban Forester has conducted a review of an application to declassifu five oaks within the abovementioned Landmark grove in anticipation of removal for the SacRT Light Rail Modemization 15 Minutes to Folsom Project and confirmed retention of the subject trees conflicts with the project as designed; and WHEREAS, the Community Development Department has reconlmended that the oaks with affixed tag numbers 4880, 4882, 4885, 4893, and 4894 qualifi' for declassification of Landmark Tree status for the reason that they prevent reasonable use of the property; and WHEREAS, notice has been given in the manner required by City Code; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom hereby finds the SacRT Light Rail Modernization 15 Minutes to Folsom project cannot move forward unless the Landmark oaks affixed with tag numbers 4880, 4882,4885, 4893, and 4894 are removed and there are no reasonable alternative measures to construct the project as designed and retain the trees; and
BE IT F'URTHER RESOLVED that following declassification of the oaks affixed with tag numbers 4880, 4882,4885, 4893, and 4894, the SacRT Light Rail Modernization 15 Minutes to Folsom project proponent will obtain a tree removal permit and mitigate the subject oaks pursuant to Section 12.16.150 of the Folsom Municipal Code; and BE IT FURTHER RESOLVED that all other trees within the JPA Landmark Grove shall be proteoted and managed consistent with ANSI 4.300 Standards, the International Society of Arboriculture's most recent Best Management Practices publications, and all applicable City of Resolution No. I1159
01/23/2024 Item No.7.
Folsom standards and policies for the duration of the SacRT Light Rail Modernization 15 Minutes to Folsom project; and
BE IT FURTHER RESOLVED that the oaks affixed with tag numbers 4880, 4882,4885, 4893, and 4894 as shown on Exhibit A, are hereby declassified from Landmark Tree status under Chapter 12.16 of the Folsom Municipal Code.
PASSED AND ADOPTED this 23'd 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. 11159
Page2 of3 Page 40
01/23/2024 Item No.7.
Exhibit A
Site Map
Annotated excerptfrom the arborist report prepared by Dokken Engineering calling out thefive oaks pr op os ed for decl ass iJi c ation
4885
4882
4880
4893
4894
t*J Tree Survey erea
Troes Protedod ln Place
Tr66e to b. Trlmmsd
Treor to b€ Remo\tod
ResolutionNo. 11159
01/23/2024 Item No.7.
ATTACHMENT 2
SACRAMENTO REGIONAL TRANSPORTATION DISTRICT
LETTER OF JUSTIFICATION
01/23/2024 Item No.7.
Regional
Transit
Sacramento Regional
Transit District
A Public TransitAgency
and Equal opportunity Employer
Administrative Offices
1400 29th Street
Sacramento, CA 95816
916-32'l-2800
Mailing Address
P.O. Box 2110
sacramento, cA 95812-21 10
Human Resources
2810 O street
Sacramento, CA 95816
91 6-556-0299
Customer Sen ice &
Sales Center
1 225 R Street
Sacramento, CA 9581 1
Route, Schedule & Fare
lnformation
9r6-321-BU55 (2877)
TDD 91 6-4e3-HEAR (4327)
sacrt.com
Public Transit 5ince 1973
VIA EMAIL TRANSMISSION ONLY
December 11,2023
Atte: Bryan Holm
City Hall
50 Natoma Street
Folsom CA,95630
Re: Rail Modernization - 15 Minute Service to Folsom Project Subject: Tree Removal Justification Memo
There are four trees that require removal to construct Track Work as part of the SacRT 15 Minute Service to Folsom Project as shown on the attached plan sheet C- 011. The Mitigation Monitoring and Reporting Plan approved 1011312021 requires a tree removal permit from the City of Folsom.
The Folsom City Arborist has informed us that these trees are part of a Landmark Grove that was designated by the City Council approximately 30 years ago; and that these trees cannot be removed from a Landmark Grove without first having them "declassified" by the City Council. ln order for the Council to make this declassification, they need to determine one of the following:
1. The tree is dead or dying with no reasonable alternative measures available to improve tree condition (i.e., mulching, irrigating, pruning, cabling, etc.); or
2. The tree no longer has habitat value; or
3. The tree prevents reasonable use of the property, and no feasible alternative measures exist to retain the subject tree concurrently with a specified reasonable use.
Unfortunately, per ltem 3 above, there are no feasible alternatives that exist to retain the trees and deliver the project as planned due to the site constraints of adjacent roadways, dynamic train envelope, overhead catenary system, and sight distance.
Please accept this letter as justification to remove the trees shown on Plans sheet C- 011. Your timely consideration is appreciated as our contractor, Aldridge Electric lnc., did coordinate with the City well in advance, but we understand that our contractor was not provided the above requirements.
Sincerely
DALIA S]DAHMED
Resrdenf Engineer
Eng i n ee ri ng a nd Con struction
SACRAMENTO REGIONAL TRANSIT DISTRICT
c: (279)234-6730
e: [email protected]
2811 O Street, Sacramento, CA 95816
01/23/2024 Item No.7.
ATTACHMENT 3
ARBORIST REPORT
01/23/2024 Item No.7.
Arborist Report
SacRT Folsom Light Rail Modernization Double Track
Project (v3)
Prepared for:
The City of Folsom
50 Natoma Street
Folsom, California 95630
Prepared by:
Dokken Engineering
110 Blue Ravine Road, Suite 200
Folsom, California 95630
January 2024
01/23/2024 Item No.7.
Table of Contents
Table of Contents
Ghapter{, lntroduction
1.1. ProjectDescriPtion..
t.2. City of Folsom Tree Ordinance.""',,.".'.'
1.3. SurveyMethodology..................
Ghapter 2. Tree Survey Results
2.L. Protected Tree Status
Ghapter 3. Project lmpacts & Discussion.'."..
3.1. TreelmpactSummary..........
3.2. TreeTrimming Justifications.'.....'.'.'.......',.
3.3. TreeRemovalJustifications'.'....'....".""..'.
3.4. Tree Removal Mitigation....
List of Tables
Table 1. ASCA Tree Rating System
Table 2. Tree Replacement Equivalency Table
Table 3. Tree Health and Structure Rating System
Table 4.Tree Survey Results...
Table 5. Trees lmpacted by the Project
Table 6. Mitigation Requirement...
List of Figures
Figure 1. Project Vicinity ..........
Figure 2. Project Location ........
Figure 3. Tree Survey Results.
Figure 4. Tree lmpacts
17t
..54
2 2
2 5
6 7
lLL
t17
177
,.49
..54
3 3
5 5
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Page i
01/23/2024 Item No.7.
Ghapter'1. lntroduction
The Sacramento Regional Transit District (SacRT) proposes to construct the SacRT Folsom Light Rail Modernization Double Track Project (Project) along Folsom Boulevard at the Glenn/Robert G. Holderness Station between Glenn Drive and Parkshore Drive within the City of Folsom, California. This report presents the results of an arborist survey conducted to quantify tree resources present within the project footprint. ln addition to relaying current size and health of each tree within the project area, this report also presents an assessment of the effects of the proposed project on each tree.
1.1. Project Description
SacRT proposes to improve its light rail service to Folsom along its Gold Line. The improvements would allow light rail trains to operate every 15 minutes from the Sunrise Station to the Historic Folsom Station, rather than the current 30 minutes. The improvements are part of the "Folsom Light Rail Modernization Project" that collectively includes new low-floor light rail vehicles, modification to station platforms to accommodate the new vehicles, and addition of new passing tracks and signalization. Current service between the Sunrise Station and the eastern terminus of the Gold Line at the Historic Folsom Station (at Leidesdorff Street and Folsom Boulevard) is impeded because only a single track provides service between these stations. To remedy this operational constraint, the proposed project includes "double tracking" (or installing a passing track) in two locations; updating the signal system that controls train movements so that trains will be able to operate inbound and outbound between the Sunrise and Historic Folsom Stations with little or no delay; adding a second loading platform at the Glenn and Hazel Stations; and modifying the existing platforms at these stations to accommodate the new low-floor light rail vehicles.
1.2. City of Folsom Tree Ordinance
The City regulates the removal, pruning, and impacts to Protected Trees under the Tree Preservation and Protection Ordinance (Chapter 12.16 of the Municipal Code). The ordinance defines Protected Trees as including Native Oak Trees, Heritage Trees, Landmark Trees, and Regulated Trees.
Native Oak Trees include: valley oak (Quercus lobata), blue oak (Quercus douglasii), interior live oak (Quercus wislizenr), and coast live oak (Quercus agrifolia) with a single trunk diameter at standard height (DSH) of 6 inches or greater or a combined DSH of 20 inches or greater for multi- stem trees.
Heritage trees include any tree on the City's Master Tree List with a DSH over 30 for single stemmed trees or over 50 for multi-stemmed trees.
Landmark trees include any tree or group of trees that have been determined by the City Council to confer a significant community benefit to the general public.
Regulated trees include trees required by City zoning code such as parking lot shade, street trees, or trees required as conditions of a development project.
Rail road Street lm provement Project
Arborist Report
01/23/2024 Item No.7.
Chapter 2. Tree Survey Results
Mitigation ratios for Protected Trees varies depending on the ASCA Tree Rating System and the size of replacement trees. Protected trees rated 3,4 or 5 in the ASCA Tree Rating System (Table
1. ASCA Tree Rating System) shall be replaced at a ratio of one-inch equivalent for every one- inch of DSH removed as shown in Table 2 (Table 2. Tree Replacement Equivalency Table).
Protected Trees rated 2 shall be replaced at a ratio of 0.S-inch equivalent for every one-inch removed. Protected Trees rated 0 or 1 require no replacement or any other mitigation unless a Parking Lot Shading Tree or Street Tree replacement is required under the Zoning Code.
Mitigation may take the form of on-site planting, payment of in-lieu fees, or preservation of existing protected trees measuring one-inch DSH or greater. A combination of on-site replacement planting and payment of in-lieu fees may be used where the number of replacement trees cannot be accommodated on-site. The in-lieu payment shall be reduced based on the number of DSH inches of the replacement trees planted onsite. Mitigation may be waived if the City Arborist determines a tree proposed for removal poses a significant risk to health and safety.
Table 1. ASCA Tree Rating SYstem
Rating Rrting No. Rating llercription
Excellent 5 No problein{s)
Good -l No apparent prcbletn(s)
Fair J hlinar problent{s}
Poor 2 Major prnblern(sJ
I lazardous or Non-concctnble Extrerne problem(s)
Dead t] Dead
Table 2. Tree Replacement Equivalency Table
Rcplacrmcnt Tree Sire D$H Equhnlcncy
A sapling tree; or 0.5-inch DSH
Tree in container less than 15 gallons 0.5-inch DSH
15-gallon container tree 1-inch DSH
24-inch box tree 2-inch DSH
16-inch box tree 3-inch DSH
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
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Project VicinitY
SacRT Folsom Light Rail
Modernization Project
Folsom, Sacramento County, California0 5 10 15
Miles Page 49
01/23/2024 Item No.7.
Chapter 2. Tree Survey Results
1.3. Survey MethodologY
The project area was surveyed by lnternational Society of Arboriculture (lSA) certified arborist Scott Salembier (WE-12418A) on November 28, 2023 and December 22, 2023. Following clarification of project description. the surveyed trees were revisited on January 3,2024 in order to evaluate potential effects to each tree. The results included in this report include all trees that meet the definition of a Protected Tree under the City Tree Ordinance that may be affected by the proposed project. The species of each tree was identified, and the location of each tree was mapped with GPS. The DSH of each stem was then measured with a diameter tape and recorded. ln accordance with the City tree ordinance, the DSH of multi-stem trees each stem was calculated by adding together the DSH of each stem. This combined DSH is used for determining if a tree qualifies as a heritage tree. ln addition, for the purpose of calculating compensatory mitigation the extrapolated DSH was calculated by measuring the DSH of each stem and then taking the square root of the sum of each individual stem's DSH squared. Both combined and extrapolated DSH values are provided in the survey results.
Each tree was briefly inspected then rated according to the ASCA Tree Rating System for consistency with the City's tree ordinance. Dead trees were not recorded. Table 3 below includes the ASCA Tree Health Ratings.
Table 3. Tree Health and Structure Ratin m
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
ASCATTee Health
No evidence of disease or decline. Tree is exhibiting excellent vigor and strong consistent growth. Wounds are well closed with little to no sign of No evidence of stress, nutrient deficiency, or insect infestation 5 Excellent
Good
Average or below-average deadwood/dieback for the age
Leaf size, color, and density typical for the species. Buds are normal size, viable, abundant, and uniform. Current and past groMh increments are generally average or better. Wounds are well closed with little to no sign of decay. Very little evidence of stress, disease, nutrient deficiency, and/or insect infestation.
and species.
4 3 Fair
Above-average deadwood/dieback for the age and species. Leaf size and density below what is typically expected for the species. Leaves may be discolored, stunted, or deformed. Buds are normal size and viable but may be sparse. Current and past growth increments may be below average' Some wounds not closed. Some decay may be present. Some to moderate level of stress, nutrient deficiency, disease, and/or infestation Abundant deadwood/dieback. Leaf size and density are well below what is typically expected for the species. Leaves may be discolored or deformed from nutrient deficiency or infection. Few viable buds are present throughout the canopy. Current and past grown increments indicate minimal groMh. Wounds show minimal closure. Decay may be present.
The tree is strongly exhibiting signs of stress, nutrient deficiency, disease, and/or infestation. Tree is in decline.
2 Poor
Major structural hazards and/or severe decline
of major branch failure or complete tree failure. Tree is recommended for immediate removal.
leading to an elevated risk
1 Hazardous
01/23/2024 Item No.7.
Chapter 2. Tree Survey Results
Ghapter 2. Tree SurveY Results
A total of 67 trees were included in the survey results. Each tree was surveyed following the methods described in the previous chapter and was tagged with an aluminum tree tag. Table 4 lists each tree and that was found during the survey and identifies species, Combined DSH & Extrapolated DSH, ASCA Health Ranking, and Heritage Tred Status.
Table 4. Tree Survey Results
Tag # Species Combined
DSH
Multi-
Stem
Extrapolated
DSH
ASCA Health
Ranking
Heritige
Status
4824 lnterior live oak 47 Yes 34 Good
4826 Valley oak 7 7 Good
4827 Valley oak 31 3L Good Yes
4828 lnterior live oak 15 15 Good
4829 lnterior live oak 24 Yes 20 Good
4830 Valley oak 11 7T Good
483L Valley oak 14 1.4 Good
4832 Valley oak 13 13 Good
4833 Black Walnut 20 20 Good
4834 lnterior live oak 25 Yes 1.t Good
4835 Valley oak 21 2T Good
4836 Valley oak 31 31 Good Yes
4837 Black Walnut 8 8 Good
4838 lnterior live oak 17 17 Good
4839 lnterior live oak 7 7 Good
4840 Black Walnut 6 5 Good
4841- lnterior live oak 28 28 Good
4843 lnterior live oak 42 Yes 30 Good
4844 lnterior live oak 50 Yes 35 Good Yes
4847 lnterior live oak 27 Yes 19 Poor
4848 Black Walnut b 6 Good
4849 lnterior live oak 61 Yes 35 Good Yes
4850 lnterior live oak 121 Yes 47 Good Yes
4851 lnterior live oak 61 Yes 29 Good Yes
4852 lnterior live oak 124 Yes 48 Good Yes
4853 lnterior live oak 141 Yes 40 Poor Yes
4854 lnterior live oak 25 Yes 18 Good
4855 lnterior live oak 51 Yes 22 Good Yes
4855 lnterior live oak 44 Yes T7 Good
4857 lnterior live oak 25 Yes 15 Good
4858 lnterior live oak 13 13 Good
4859 lnterior live oak 7 7 Good
4860 lnterior live oak 10 10 Good
486L lnterior live oak 13 13 Fair
4862 lnterior live oak 24 24 Fair
4863 lnterior live oak 10 10 Poor
SacRT Folsom Light Rail Modernization Double Track Projeqt Arborist Report
01/23/2024 Item No.7.
Chapter 2. Tree Survey Results
Tag S Species Combined
DSH
Multi-
Stem
Extrapolated
DSH
ASCA Health
Ranking
Heritage
Status
4864 lnterior live oak 24 Yes t7 Good
4855 lnterior live oak 60 Yes 35 Good Yes
4867 lnterior live oak 20 Yes 10 Good
4858 lnterior live oak 59 Yes 30 Good Yes
4869 lnterior live oak 66 Yes 30 Good Yes
4870 lnterior live oak 44 Yes 22 Good
487r lnterior live oak 35 Yes 25 Good
4872 lnterior live oak 45 Yes 27 Good
4873 lnterior live oak 37 37 Good Yes
4874 lnterior live oak 28 28 Good
4875 lnterior live oak 10 10 Good
4876 lnterior live oak 23 23 Good
4877 lnterior live oak 11 1L Good
4878 lnterior live oak 16 16 Good
4879 lnterior live oak 8 8 Good
4880 Blue Oak 21 2T Good
4881 lnterior live oak 19 Yes 10 Good
4882 lnterior live oak 7 7 Good
4883 lnterior live oak 11 1.L Good
4884 lnterior live oak 78 Yes 40 Good Yes
4885 lnterior live oak 2 Yes t Good
4886 lnterior live oak 34 Yes 24 Good
4887 lnterior live oak 23 Yes 15 Good
4888 lnterior live oak 38 38 Good Yes
4889 lnterior live oak 5 Yes 4 Good
4890 lnterior live oak 1 I Good
4891 lnterior live oak 1 1 Good
4892 lnterior live oak 1 t Good
4893 lnterior live oak
,| L Good
4894 Valley oak 4 Yes 2 Good
4895 lnterior live oak 3 3 Good
All trees found within the project area were in either good or fair health at the time of the survey except for two lnterior Live Oaks (#4853 and #4863). The locations of all trees found within the project area are shown on Figure 3. Tree Survey Results.
2.1. Protected Tree Status
Native Oak Trees
The survey area included 1 Blue oak, 47 interior live oaks, and 7 valley oaks that meet the minimum 6-inch DSH size criteria to be Protected Native Oak Trees under the City Ordinance.
Heritage Trees
The survey area included 1 valley oak and 14 interior live oaks that meet the minimum size criteria to Protected Heritage Trees under the City Ordinance.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
PaEeT
01/23/2024 Item No.7.
Chapter 2. Tree Survey Results
Landmark Trees
Per conversations with the City Arborist, it was discovered that all trees within the JPA right-of- way along Folsom Boulevard between Bidwell Street and Blue Ravine were designated as a Landmark Grove by the City Council. Landmark trees may not be removed without prior declassification by the City Council. This includes every tree in the survey. ln addition to the Native Oak Tree species reported above, an additional 7 interior live oaks and 1 valley oak with less than 6-inch DSH were included in the survey and are subject to Landmark tree provisions. A total of 67 trees were surveyed in the study area.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Creek
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FIGURE 2
Project Location
SacRT Folsom Light Rail
Modernization Double Track Project
Folsom, Sacramento County, California0 0.25 0.5 0.75 1
Miles Page 54
01/23/2024 Item No.7.
Tree Survey Area
Trees Protected in Place
Trees to be lmpacted
o
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Tree Survey Results
SacRT Folsom Light Rail
Modernization Double Track Project
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01/23/2024 Item No.7.
Ghapter 3. Project lmpacts & Discussion
3.1. Tree lmpact Summary
ldentification of the extent of project activities and footprint that will affect project area trees were gained through direction of the SacRT with additional clarification provided by the project contractor. These are as follows:
. Specific trimming and removal requirements for trees at the north end of the project alignment (trees with tag numbers 4880 to 4885)
. Clearance within 10 feet of the easternmost rail of the existing tracks (1O-foot buffer) except for 1) trees adjacent to the existing Glenn Station which will be left as is, and 2) tree branches that arch over the 1O-foot buffer and occur higher than the existing catenary poles will not be trimmed.
. Trees in the vicinity of a utility shed at the northeast corner of Glenn Drive and Folsom Boulevard will require trimming beyond the 10-foot buffer to allow for equipment access and clearance.
Of the 67 trees found within the Project Area, 5 must be removed and 32 must be trimmed. All 37 affected trees are in conflict with either permanent project features or access requirements during construction. Of the 37 trees, 29 are of sufficient girth to be protected by the City tree ordinance and all 37 are part of the Landmark Grove designated by the City Council. Two of the trees meet the minimum size requirements to be heritage trees. Of the 37 trees, 16 have multiple trunks and the extrapolated DSH for mitigation purposes was calculated by taking the square root of the sum total of each individual stem diameter squared in accordance with the City's tree ordinance. Trees impacted by the project are listed in Table 6 below.
Table 5. Trees lmpacted by the Project
Tag f Species Multi-Stem? Combined
DSH
Extrapolated
DSH
Heritage
Status
lmpact
Type
4824 lnterior live oak (18+29) 47 34 Trim
4826 Valley oak No 7 7 Trim
4828 lnterior live oak No 15 15 Trim
4829 lnterior live oak (20+4) 24 20 Trim
4830 Valley oak No 11 11 Trim
4831 Valley oak No 14 t4 Trim
4836 Valley oak No 3'1 31 Yes Trim
484t lnterior live oak No 28 28 Trim
4843 lnterior live oak (2o+22) 42 30 Trim
4844 lnterior live oak (27+231 50 35 Yes Trim
4847 lnterior live oak (11+16) 27 19 Trim
4849 lnterior live oak (2I+2L+r9l 61 35 Yes Trim
4853 lnterior live oak
(17+8+9+9+13+8+12+
10+4+8+13+ t4+4+L2\
141 40 Yes Trim
4854 lnterior live oak (11+L4) 25 18 Trim
4855 lnterior live oak (13+6+11+8+9+4) 51 22 Yes Trim
Railroad Street lmprovement Project
Arborist Report
Page L1
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tag f Species Multi-Stem? Combined
DSH
Extrapolated
DSH
Heritage
Status
lmpact
Type
4873 lnterior live oak No 37 37 Yes Trim
4874 lnterior live oak No 28 28 Trim
4875 lnterior live oak No 10 10 Trim
4876 lnterior live oak No 23 23 Trim
4877 lnterior live oak No 11 TL Trim
4878 lnterior live oak No 16 16 Trim
4880 Blue Oak No 21, 2t Remove
4881 lnterior live oak (6+5+4+4) 19 10 Trim
4882 lnterior live oak No 7 7 Remove
4883 lnterior live oak No LI 7I Trim
4884 lnterior live oak (24+22+L6+1,6) l8 40 Yes Trim
4885 lnterior live oak (1+1) 2 T Remove
4886 lnterior live oak No 38 Yes Trim
4887 lnterior live oak (20+L4) 34 24 Trim
4888 lnterior live oak (13+10) 23 t6 Trim
4889 lnterior live oak (3+2) 5 4 Trim
4890 lnterior live oak 1 t Trim
489t lnterior live oak 1 1 Trim
4892 lnterior live oak I 1. Trim
4893 lnterior live oak 1 1. Remove
4894 Valley oak (2+1+1) 4 2 Remove
4895 lnterior live oak 3 3 Trim
The location of trees that will be impacted by the proposed project are shown on Figure 4. Tree lmpacts. The remaining trees are located far enough away from proposed improvements that they can be protected in place for the duration of construction and will not need to be trimmed or removed. Details on tree trimming and justifications for tree removals are included on the following pages.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Page L2
01/23/2024 Item No.7.
o
a
a
Tree Survey Area
Trees Protected in Place
Trees to be Trimmed
Trees to be Removed
sou@: &d, MaEr, Ead#r @oE€phb, and lhe GrS Us.r Connuniry C6.ld by: kja@ben, Dtu: 1/a/2024 Figure 4
Tree lmpacts Map
Sheet 1 of4
SacRT Folsom Light Rail1 inch = 250 feet
r-_----= Feet@ 100 200 300 400 Double Track P
01/23/2024 Item No.7.
o
a
a
Tree Survey Area
Trees Protected in Place
Trees to be Trimmed
Trees to be Removed
&um: Bn, Manr &ffir Geg€phb, and h€ GIS Usd bmmuity
CEaH by: kidben, Odb:1/42024 Figure 4
Tree lmpacts Map
Sheet 2 of 4
SacRT Folsom Light Rail1 inch = 83 feet
Feet@ 0 300 400 Double Track
01/23/2024 Item No.7.
o
o
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Tree Survey Area
Trees Protected in Place
Trees to be Trimmed
Trees to be Removed
$!r€: Ed Mabt &frSr GmgEphid, ad be GIS Us€. @mmunily
CEad by; kisb$., Dab:1/4/2024 Figure 4
Tree lmpacts Map
Sheet 3 of 4
SacRT Folsom Light Rail1 inch = 83 feet
Feet@ '100 200 Double Track
01/23/2024 Item No.7.
c
c
Tree Survey Area
Trees Protected in Place
Trees to be Trimmed
Trees to be Removed
Source: Bi, Maxar Eadstdr Geoqraphics and th6ClS UserConmlnilv ceat€d ry: kjacobson, Date: 1/4/2024 Figure 4
Tree lmpacts Map
Sheet 4 of 4
SacRT Folsom Light Rail1 inch = 83 feet
r Feet@ 0 100 300 400 Double Track
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
3.2. Tree Trimming Justifications
Tree 4824,lnterior Live Oak, '18+29lnches
it
l+
I
Tree 4824 is a large 2-stemmed tree rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes multiple branchlets less than 1 inch in diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. The trimming is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4826, Valley Oak,7 lnches
Approx. limit of :
branchlet trimming ,
Tree 4826 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes approximately 5 branchlets less than 1 inch in diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. The trimming is not expected to affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Page L8
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4828, lnterior Live Oak, 15Inches
Tree 4828 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance' Proposed trimming includes 5 lateral branches of 1-2-inch diameter and multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 5% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
Page L9
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4829, Interior Live Oak 20+4lnches
Approx. limit of
branchlet trimming
Tree 4829 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes 3 lateral branches of 2-3-inch diameter and a few branchlets less than 1 inch in diameter. Trimming will remove approximately 10% of the canopy and is not expected to affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4830, Valley Oak, 11 lnches
Approx. limit of
branchlet trimming
Tree 4830 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes a few branchlets less than 1 inch in diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected.
The trimming is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4831, Valley Oak, 14Inches
t
Tree 4831 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes 3 lateral branches of 1-2-inch diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. The trimming is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
J;
Approx. limit of
branchlet trimming
Page22
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4836, Valley Oak, 31 Inches
*\
I
,,..{j
Approx. limit of
branchlet trimming
Tree 4836 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes 4 lateral branches of 1-2-inch diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. The trimming is not expected to affect the long-term health of the tree' SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Approx. limit of
branchlet trimming
Tree 4841, lnterior Live Oak, 28 lnches
' 7lr'ryf
Tree 4841 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes 4 lateral branches of 1-inch diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. The trimming is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4843, lnterior Live Oak 20+22Inches
J
Approx. limit of
branchlet trimming
&-.
Tree 4843 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance' Proposed trimming includes one lateral branch of 3-inch, two of 2-inch, and two of 1-inch diameter, plus multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 10% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4844,Interior Live Oak, Z7+23lnches
Approx. limit of
branchlet trimming
Tree 4844 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes one lateral branch of 4-inch, two of 2-inch, and four of 1-inch diameter, plus multiple branchlets less than 1 inch in diameter. Trimming will remove approximat ely 10% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Approx. limit of
branchlet trimming
Tree 4847,lnterior Live Oak, 11+16 lnches
Tree 4847, in poor health, is rooted outside of the project footprint but ends of branch that extends into the construction area near to the ground will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes multiple branchlets less than 1 inch in diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. Trimming will remove approximately 5% of the canopy and is not expected to affect the long-term health of the tree'
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4849, Interior Live Oak, 21+21+'19Inches
s
s
-rt
Tree 4849 is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. proposed trimming includes one lateral branch of 3-inch, two of 2-inch, and six of 1-inch diameter, plus multiple branchlets less than 1 inch in diameter. Trimming will remove approximately '10% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4853, lnterior Live Oak, 1 7+8+9+9+ 13+8+12+10+4+8+1 3+ 1 4+4+'12 lnches Tree 4853, in poor health, is rooted outside of the project footprint but ends of branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes one lateral branch of 3-inch, one of 2-inch, and nine of 1- inch diameter. Trimming will remove approximately 10% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit ot
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4854, lnterior Live Oak, 11+14Inches
Tree 4854 is rooted outside of the project footprint but ends of branch that extends into the construction area near to the ground will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes three lateral branches of 2-inch, and seven of 1-inch diameter. Trimming will remove approximately 10% of the canopy and is not expected to affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4855, lnterior Live Oak, 13+6+11+8+9+4Inches
Tree 4855 is rooted outside of the project footprint but ends of branches that extend into the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes four lateral branches of 2-inch and five of 1-inch diameter, plus multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 10o/o of the canopy and is not expected to affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4873, lnterior Live Oak, 37 lnches
Approx. limit of
branchlet trimming
Tree 4873 is rooted outside of the project footprint but ends of branches that extend into the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes one lateral branch of 3-inch, five of 2-inch and four of 1-inch diameter.
Trimming will remove approximately 10% of the canopy and is not expected to affect the long- term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Approx. limit of
branchlet trimming
Tree 4874,lnterior Live Oak, 28 lnches
Tree 4873 is rooted outside of the project footprint but ends of branches that extend into the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes one lateral branch of S-inch, three of 3-inch, ten of 2-inch and four of 1-inch diameter, plus multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 30% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapte r 3. Project lmpacts and Discussion
Tree 4875, lnterior Live Oak, 10 lnches
Tree 4875 is rooted outside of the project footprint but ends of branches extending into the construction area will need to be trimmed to allow for vehicle access and equipment clearance. proposed trimming includes a few branchlets less than 1 inch in diameter. Trimming will remove less than 5% of the canopy and is not expected to affect the long-term health of the tree' SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4876, Interior Live Oak, 23 Inches
Approx. limit of
branchlet trimming
Tree 4876 is rooted outside of the project footprint but ends of branches extending into the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 5% of the canopy and is not expected to affect the long-term health of the tree' SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Approx. limit of
branchlet trimming
Tree 4877,lnterior Live Oak, 11 lnches
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tl
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Tree 4877 is rooted outside of the project footprint but ends of branches extending into the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes multiple branchlets less than 1 inch in diameter. Trimming willremove approximately 5% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
&
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4878, Interior Live Oak, 16 lnches
Tree 4878 is rooted outside of the project footprint but ends of branches that extend into the construction area will need to be trimmed to allow for vehicle access and equipment clearance.
Proposed trimming includes three lateral branches of 2-inch diameter plus multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 30% of the canopy and is not expected to affect the long{erm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Y
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Trlm 3 lateral
lean towards
branches
Remove or Reduce
4-inch stem
Tree 4881, lnterior Live Oak, 6+5+4+4Inches
Tree 4881 is rooted outside of the project footprint but branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes one 4-inch stem and three lateral branches between 2 and 3 inches in diameter totaling approximately 20% of the total canopy and is not expected to affect the long term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4883, Interior Live Oak, 11 lnches
Tree 4883 is rooted outside of the project footprint but branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes removing 4 lateral branches from the main leader. The upper canopy will remain untouched. Pruning will remove approximately 20o/o of the canopy and is not expected to negatively affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4884, lnterior Live Oak, 24+22+'16+16 lnches
Tree 4884 is a large multi-stem tree with one of the stems growing almost horizontally out over the bike trail and into the construction area. This limb needs to be removed or reduced back to a strong lateral to gain vehicle access and clearance for the relocated overhead power lines for the light rail. Removing or reducing this stem will remove approximately 10% of the canopy and is not expected to adversely affect the health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
'ii4. :
Remove or reduce 16-inch
diameter stem growing over
the bike trail.
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4886, Interior Live Oak, 20+/14Inches
Approx. limit of
branchlet trimming
Tree 4886 is rooted outside of the project footprint but branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes multiple branchlets less than 1 inch in diameter. Trimming will remove less than 5o/o of the canopy and is not expected to affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4887, Interior Live Oak, 13+10 lnches
Approx. limit of
branchlet trimming
i..
':'
Tree 4887 is rooted outside of the project footprint but branches that lean towards the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes multiple branchlets less than 1 inch in diameter. Trimming will remove less than 5o/o o'f the canopy and is not expected to affect the longterm health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4888, Interior Live Oak, 38 Inches
Tree 4888, located towards the southern end of the project alignment, is rooted outside of the project footprint but ends of branches that extend into the construction area will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes three lateral branches of 1-inch diameter. The canopy above catenary pole height overhangs the area needing trimming, so no canopy area will be affected. The trimming is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4889, lnterior Live Oak, 3+2 lnches
Tree 4889, located towards the southern end of the project alignment, is a sapling rooted just outside of the project footprint with branches extending into the construction area that will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 50% of the canopy and is not expected to affect the long-term health of this healthy sapling.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Approx. limit of
branchlet trimming
Tree 4890, Interior Live Oak, 1 lnch
Tree 4890, located towards the southern end of the project alignment, is a sapling rooted just outside of the project footprint with branches extending into the construction area that will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes multiple branchlets less than 1 inch in diameter. Trimming will remove approximately 30% of the canopy and is not expected to affect the longterm health of the tree' SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Approx. limit of
branchlet trimming
Tree 4891, lnterior Live Oak, 1 Inch
Tree 48g1, located towards the southern end of the project alignment, is a sapling rooted just outside of the project footprint with branches extending into the construction area that will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes a few branchlets less than 1 inch in diameter. Trimming will remove approximately 20o/o of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4892, lnterior Live Oak, 1 lnch
Tree 4892,located towards the southern end of the project alignment, is a sapling rooted just outside of the project footprint with branches extending into the construction area that will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes a few branchlets less than 1 inch in diameter. Trimming will remove approximately 10% of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4895, Interior Live Oak, 3 Inches
Tree 4895, located towards the southern end of the project alignment, is a sapling rooted just outside of the project footprint with branches extending into the construction area that will need to be trimmed to allow for vehicle access and equipment clearance. Proposed trimming includes a few branchlets less than 1 inch in diameter. Trimming will remove approximately 20o/o of the canopy and is not expected to affect the long-term health of the tree.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
g.t}16'
t$li1
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i
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i
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Approx. limit of
branchlet trimming
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
3.3. Tree Removal Justifications
Tree 4880, Blue Oetk, 21 Inches
ln order to retain tree 4880, SacRT would need to remove approximatelyT0% of the tree crown and grade and compact approximately 50% of the tree's critical root zone. These impacts are far greater than the recommend ed 25o/o maximum crown reduction for a single season and recommended 30% maximum critical root zone impact and are likely to cause significant health impacts to the tree. lf left in place, the tree may survive for several years but would be at an increased risk of decline and failure. This risk is not acceptable in such close proximity to the light rail overhead powerlines and tracks and SacRT is proposing to remove the tree and pay the in-lieu fee.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
7gr(ol
approrlmrtely
prunlnt
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over approxlmeEly
sl)ta ot crltlcal root
ront
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4882, lnterior Live Oak, 7 lnches
Tree 4882 is entirely within the fill slope for the new secondary light rail track and must be removed. Please note, when this tree was surveyed on November 28th, it had three stems, a 7- inch stem, an 8-inch stem, and a S-inch stem. When the area was re-surveyed on December 22, 2023, it was noted that the 8-inch and S-inch stems had been removed by someone not affiliated with the SacRT 1S-minute light rail project. Numerous other trees along the adjacent bike trail had also recently been trimmed.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4885, lnterior Live Oak, 1+1 inches
Tree 4885 is entirely within the fill slope for the new secondary light rail track and must be removed
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4893, lnterior Live Oak, 1 Inch
Tree 4893, located towards the southern end of the project alignment, is a sapling rooted within the project footprint and will be removed.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
Tree 4894, Valley Oak,2+1+l lnches
Tree 4894, located towards the southern end of the project alignment, is a sapling rooted within the project footprint and will be removed.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
01/23/2024 Item No.7.
Chapter 3. Project lmpacts and Discussion
3.4. Tree Removal Mitigation
Compensatory mitigation for the 5 trees that must be removed will be required on an inch per inch basis before construction may proceed. Table 7 below lists these 5 trees and the DSH replacement mitigation requirement.
Table 6. Mitigation Requirement
Under the City's tree ordinance, mitigation may take the form of on-site planting, payment of in- lieu fees, or preservation of existing protected trees measuring one-inch DSH or greater.
SacRT is electing to mitigate for the removal of 32 DSH inches by paying the in-lieu fee. Current in-lieu fees are $250/inch. ln-lieu fee payment is estimated to be $8,000.
SacRT Folsom Light Rail Modernization Double Track Project Arborist Report
Tag # Species
Extrapolated
DSH
ASCA Health
Ranking
Replacement
Ratio
DSH
Replacement
Requirement
4880 Blue Oak 2t Good 1:1 2I
4882 lnterior live oak 7 Good 1:1 7
4885 lnterior live oak 'J. Good 1:1. L
4893 lnterior live oak t Good '1,:'J, 7
4894 Valley oak 2 Good L:1 2
Total DSH cement Requirement 32
01/23/2024 Item No.7.
ATTACHMENT 4
LIGHT RAIL MODERNIZATION IMPROVEMENT PLAN
EXCERPT
01/23/2024 Item No.7.
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01/23/2024 Item No.7.
ATTACHMENT 5
RESOLUTION NO. 5911 - A RESOLUTION ESTABLISHING
LANDMARK TREE DESIGNATION AT THE JPQ RIGHT-OF-WAY
ON FOLSOM BOULEVARD BETWEE BIDWELL STREET ANI)
BLUE RAVINE ROAD
01/23/2024 Item No.7.
RESOLUTION NO.591T
A RESOLUTION ESTABLISIIING I'NWPTT'TANX TREE DESIGNATION AT TIIE JPA RTGHT-OF-WAY oNFoLSoMBotTLEvARDBETWEENBIDWELLSTREETANDBL[]ERA\|INEROAI} *HEREAS, the City of Folsom's Tree Presewation ordinance, Chapter 12.i6 of the FolsorqMunicipal code, establishes basic standards, measures "no
.o*prmce to the preservation and protection of trees for the use ffinloyment of present and future generations; and
WHERAAS, the City of Folsorn's Tree Preservntion Ordinance, Section 12.16.090 of the Folsqm Ivlunicipar code, prouiJ., " *.un. to designate Landmark liees by Resolution of the city council based upon one or more of the follorving athibutes: i) historical value; 2) excelleni health rating; 3) outstanding habitat value; 4) unusual species; or 5) superior beauty; and
WI{EREAS, the planning, Inspections and Permitting Department has recommended that the City council find that the grove of fiees within the JpA right-of-way o'Folro- Boulevard between Bidwell street and Blue Ravine Road, based on the historical and habitai value along the Folsom Boulevard scenic corridor, be designated as Landmark Trees; and
yHEREAS, tlre planning, Inspections and Permitting Deparunent has recommended that the City Council find that an annual arborist evaluation of all the trees wirhinlrre jpg right-of-way on Folsom Boulevard between Bidwell Street and Blue Ravine Road is not practical, and that staff determLe when an arborist evaluation is warranted to monitor overall stand health; and
yI{EREAS, notice has been given at the time and in the manner required by State Law and City Code; and
yIIEREAS, this project is exempt from environmental review pursuant to Section 15307 of the California Environmental Quality Act (CEQA)'
NOW, .rrlERf,F'ORE, BE IT RESOLVED by the Folsom city courrcil adopts this Resolution for the establishment of Landmar.k rrees located uitrr.lpe righi-of-way on Folsoru Boulevardbetween Bidwell street and Blue Ravine Road.
AppRovED AND ADOPTED rhis 9th day of March' 1999, by the following call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Councilmembers:
Councilmembers:
Counciimembers:
Councilmembers:
Aceituno, Dow, Drew, Howell, Miklos
None
None
None
City Clerk
01/23/2024 Item No.7.
ATTACHMENT 6
CURRENT LANDMARK TREE MAP
01/23/2024 Item No.7.
Folsom Landmark Tree Map
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Updated Ul8/2024
01/23/2024 Item No.7.
Folsom City Council
Staff Re rt
MEETING DATE: U2312024
AGENDA SECTION: New Business
SUBJECT: Resolution 11160 - Resolution Approving the North Alternative Alignment as the Preferred Alternative for the Folsom Boulevard Bicycle and Pedestrian Overcrossing Project and Authorize Staff to Apply for Grant Funding through Caltrans Cycle 7 Active Transportation Program
FROM: Parks and Recreation Department
RE,COMMENDATION / CITY COUNCIL ACTION
Resolution approving the North Alternative Alignment as the preferred alternative for the Folsom Boulevard Bicycle and Pedestrian Overcrossing Project and authorize staff to apply for grant funding through Caltrans Cycle 7 Active Transportation Program.
BACKGROUND / ISSUE
In ZO|S, staff submitted an application as part of the Active Transportation Program (Cycle 4) grant funding opportumty for a Folsom Boulevard Bicycle and Pedestrian Overcrossing. 1ry2019, ituff *ar informed that the project did not receive funding. The comments received from the application reviewers focused on the lack of public outreach. Understanding the need for a more robust public outreach process to support the project in the next grant funding opportunity, staff worked to secure funding for a feasibility study'
On August 26,2022, the City of Folsom issued a Request for Proposal (RFP) for professional design services for the Folsom Boulevard Class I Overcrossing Feasibility Study. The RFP was distributed to qualified design consultants and advertised on ClPlist.com. The due date for the proposals was September 30, 2022, and three proposals were received. A full review of these proposals was performed by city staff from both the Public Works and Parks and Recreation departments. Dokken Engineering's proposal demonstrated the expertise, capacity, and ability to complete the scope of services which entails project management, public workshop facilitation, bridge design, and cost estimation.
In Decemb er 2022 City Staff and the Dokken Engineering consultant team held a project kick-off meeting. In January 2023 staff and the consultant team held a meeting to walk the project site 1
01/23/2024 Item No.8.
boundaries with staff from State Parks and Sacramento Regional Transit (SacRT) to receive initial feedback on potential alignment issues.
On March 14, 2023, staff held an informational presentation for City Council to provide an overview and public outreach schedule for the Folsom Boulevard Pedestrian & Bicycle Overcrossing Feasibility Study.
On June 6, 2023, staff presented a project update to the Parks and Recreation Commission discussing the project study update and community feedback received regarding the overcrossing alternative ali gnments
Community Outreach Process
As part of the feasibility study, an extensive outreach process was conducted which included two stakeholder meetings, two on-line surveys, and one community meeting. Staff collected feedback from over 500 City of Folsom residents and ten stakeholder groups. The process for the community outreach included the following steps:
Stakeholder Focus Group Meeting #1
On Tuesday, March 2I,2023, the staff and the consultant team held its first Stakeholder Focus Group Meeting to introduce four preliminary design alternatives for a bicycle and pedestrian overcrossing at Folsom Boulevard between Glenn Drive and Blue Ravine Road. This meeting was the initial stakeholder focus group meeting as part of the community outreach process for the Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study.
Online Communitv Questionnaire #1
In April and May 2023, the City of Folsom implemented a three-week long Online Community Queslionnaire. Community members were encouraged to visit the project webpage on the City's website, learn more about the four proposed alternatives for the overcrossing, and share their feedback and thoughts on those alternatives.
As a result of the Round I stakeholder meeting and public outreach questionnaire, the project team garnered over 240 responses from the public.
Stakeholder Focus Group Meeting #2
On Tuesday, July 18,2023, the City of Folsom held the final Stakeholder Focus Group Meeting to provide an update on the planning process for the overcrossing. This meeting was the second stakeholder focus group meeting as part of the community outreach process for the Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study' Public Outreach and Online Community Questionnaire #2
October 16 - 30 2023,the City of Folsom, as part ofthe Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study, implemented an additional two-week long Online Questionnaire Community members wefe encouraged to visit the project webpage on the City's website, leam more about the final two proposed alternative alignments (North Alternative and South Alternative ) for the overcrossing and share their feedback and thoughts on their preferred 2 altemative
01/23/2024 Item No.8.
On Tuesday, October lg,2023,the City of Folsom held an in-person Public Outreach Meeting, in addition to the Community Questionnaire, to get input on the preferred alternative alignment.
During the meeting, the study team shared a project and community outreach update, the refined final two alternative alignments, and further developed architectural design concepts (Towers Concept & Arch Concept) for the bridge structure. Attendees were asked to share their thoughts on the refined alternatives and design concepts. Members from the study team were available to discuss the project and answer questions.
As a result of the Round 2 stakeholder meeting, public outreach meeting, and questionnaire, the project team garnered over 240 responses from the public'
ANALYSIS
ttt l.rne 2022, the City Council adopted the Active Transportation Plan (ATP). The Active Transportation Plan is the guiding document that will provide the planning, development and maintenance of existing and future bicycle and pedestrian facilities within the city. The ATP identified the Folsom Boulevard Overuossing as a "high priority" project.
An overcrossing would provide a safe, direct access for residents and businesses east of Folsom Boulevard to the American River Parkway Trail (ARPT), including the communities and neighborhoods that border the ARPT. The overcrossing will be a gateway to connect residents and visitors to a larger network of trails in the region. The overcrossing provides a connection between the regional, l5-mile Humbug Willow Creek (HBWC) Trail east of Folsom Boulevard andthe 32- mile American River Parkway Trail (ARPT), providing users access to over 80 miles of trails in the region and connecting users to downtown Sacramento.
Between March and October 2023,the Parks and Recreation Department along with its consultant team conducted extensive outreach on a range ofpossible overcrossing routes and designs across Folsom Boulevard between the Glenn Station area Parkshore Drive. Based on public input, the range of routes and designs was narrowed down from four alternatives to two. One alternative is ttotth of the Glenn light rail station and the second is south of the station area as shown in Attachments 1 and 2. Based on community input and project team expertise, staff believe the North Alternative Alignment provides the most benefits to pedestrians and bicyclists (refer to Attachment 1).
North vs South Alternative Alisnment Communitv Outreach Summarv North Alternative Alignment South Alternative Alignment o Positive Reaction (60%)
. Serious Concern / Dislike (24%)
o Neutral (16%)
o Trail/Rec Opportunities Access $a%)
o SacRT Connection (31%)
o Experience / Ease of Access (24%)
o Connection to Lakes & ARB (3I%)
o DislikedNorth Alt (8%)
o Positive Reaction (34%)
o Serious Concern / Dislike (56%)
o Neutral (10%)
o Trail/Rec Opportunities Access Qa%)
o Commercial Areas Access (2A%)
o Experience / Access (13%)
o Connection to HWCT (21%)
o Disliked Loop Ramp (22%)
J
01/23/2024 Item No.8.
The North Alternative Alignment would directly connect to the SacRT Glenn Light Rail Station, State Parks Folsom Lake State Recreation Area, and future affordable housing (SacRT Park & Ride lot) linking transit, neighborhoods, businesses, and recreational attractions to Folsom's trail system. Also, partnering with State Parks and the SacRT on an overcrossing that provides a safe, convenient bridge over Folsom Blvd. showcases a project that will be desirable and competitive when applying for a grant to the Caltrans Cycle 7 Active Transportation Program (ATP) for design/engineering and construction funding in June 2024.
Since this is not only a major trail connection, but also a major City development project that helps to implement the City's Active Transportation Plan and2035 General Plan, staff sought not only the Pirks & Recreation Commission support for this preferred alternative, but also support from the Planning Commission and the River District Master Plan Citizen Advisory Committee (CAC).
The Planning Commission recommended to City Council the North Alternative Alignment at the November 15,2023 meeting; the Parks and Recreation Commission recommended to City Council the North Alternative Alignment at the December 5,2023 meeting; and, the River District CAC recommended to City Council the North Altemative Alignment at the December 1 3, 2023 meeting.
FINANCIAL IMPACT
The cost for the Folsom Boulevard Class I Overcrossing Feasibility Study is funded by $200,000 of approved American Rescue Plan Act (ARPA) funds. The remaining $17,657 would come out of the Transportation Tax Fund (Fund248). There is no fiscal action associated with the preferred alternative alignment recommendation.
ENVIRONMENTAL REVIEW
The development and adoption of the ATP is a planning and feasibility study that will guide future actions by the City Council and is exempt from the California Environmental Quality Act (CEQA) review pursuant to the CEQA Guidelines Section 15262'
ATTACHMENTS
L Resolution Approving the North Alternative Alignment as the Preferred Alternative for the Folsom Boulevard Bicycle and Pedestrian Overcrossing Project and Authorize Staff to Apply for Grant Funding through Caltrans Cycle 7 Active Transportation Program
2. North Alternative Alignment
3. South Alternative Alignment
Submitted,
Kelly G onzalez, Director
PARKS & RECREATION DEPARTMENT
4
01/23/2024 Item No.8.
Attachment 1
01/23/2024 Item No.8.
RESOLUTION NO. 11I,60
A RESOLUTION APPROVING THE NORTH ALTERNATIVE ALIGNMENT AS
THE PREFERRED ALTERNATIVE FOR THE FOLSOM BOULEVARD
BICYCLE AND PEDESTRIAN OVERCROSSING PROJECT AND AUTHORIZE STAFF TO APPLY FOR GRANT FUNDING THROUGH CALTRANS CYCLE 7
ACTIVE TRANSPORTATION PROGRAM
WHEREAS, the City of Folsom desires to provide a safe, direct, grade-separated crossing of Folsom Boulevard to connect residents, workers, and visitors to a larger network of trails in the region; and
WHEREAS, the pu{pose of the Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study was to identiff a location for a bridge structure over Folsom Boulevard to improve bicycle and pedestrian safety and close a gap in the Humbug-Willow Creek Trail system; and
WHEREAS, in June 2022,the City adopted an Active Transportation Plan that identified a Folsom Boulevard bicycle and pedestrian overcrossing as a "high-priority" project; and WHEREAS, $200,000 in American Rescue Plan Act (ARPA) funds were approved to conduct a Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study; and WHEREAS, the City Council finds that the Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study will not add any new or significant adverse impacts and is therefore exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) with individual future projects to be separately analyzed under CEQA; and WHEREAS, on November 15, 2023, the Planning Commission recommended adoption of the North Alternative Alignment as the preferred alignment to the City Council.
WHEREAS, on December 5, 2023, the Parks and Recreation Commission recommended adoption of the North Alternative Alignment as the preferred alignment to the City Council.
WHEREAS, on December 13, 2023, the River District Master Plan Citizen Advisory Committee recofllmended adoption of the North Alternative Alignment as the preferred alignment to the City Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom, based on its review and consideration of the Folsom Boulevard Feasibility Study preferred North Alternative Alignment, and all public testimony:
1. Finds that moving forward with the preferred North Alternative Alignment is in the public interest and will advance the health, safety, and general welfare of the City of Folsom.
Resolution No. I1160
Page I of2 Page 112
01/23/2024 Item No.8.
AYES:
NOES:
ABSENT:
ABSTAIN:
2. Finds that the Folsom Boulevard Bicycle and Pedestrian Overcrossing Feasibility Study is consistent with the Active Transportation Plan and the Folsom General Plan.
PASSED AND ADOPTED this 23'd day of January 2024,by the following roll-call vote:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Michael D. Kozlowski, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
ResolutionNo. 11160
Page2 of2 Page 113
01/23/2024 Item No.8.
Attachment 2
01/23/2024 Item No.8.
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01/23/2024 Item No.8.
Attachment 3
01/23/2024 Item No.8.
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01/23/2024 Item No.8.
h
Folsom City Council
Staff Re ort
MEETING DATE: U2312024
AGENDA SECTION: New Business
SUBJECT: Resolution No. 11161 - A Resolution Authorizing the City Manager to Execute a Citywide Quarterly CitizenAward and Recognition Program
FROM: City Manager's Office
RECOMMENDATION / CITY COUNCIL ACTION
Stuff."***ends that the Folsom City Council provide direction on the establishment of a citywide quarterly citizen award and recognition program and approve Resolution No. I 1161 - A Resolution Authorizing the City Manager to Execute a Citywide Quarterly CitizenAward and Recognition Program.
BACKGROUND / ISSUE
Th" Folro111 City Council is committed to acknowledging and celebrating the accomplishments and dedication of community members who contribute significantly to the betterment of the Folsom community.
City Council meetings regularly feature presentations where orgarizations and individuals are honored for their outstanding achievements. On June23,2022, the City Manager introduced a policy outlining the issuance of certificates of recognition and appreciation. According to this policy, these certificates may be granted to individuals, groups, organizations, or businesses demonstrating extraordinary achievement or making exceptional contributions to the Folsom community.
At the October I0,2023 City Council meeting, a consensus of the Folsom City Council requested that the Council consider aformalized process to recognize community members who have made a significant impact on enhancing the overall quality of life in Folsom.
ANALYSIS
The Folsom City Council seeks to consider enhancing its recognition practices 1 by instituting a
01/23/2024 Item No.9.
quarterly citizenaward and recognition program. In this initiative, Councilmembers will nominate one deserving individual each quarter.
Objectives of the program:
1. Acknowledge and Appreciate: Recognize and appreciate the invaluable contributions of community members.
2. Boost Community Engagement: Encourage more residents to actively participate in the community.
3. Build a Stronger Community: Strengthen community bonds and foster a sense of pride and belonging.
Under the program, each Councilmember will nominate one recipient every quarter, resulting in the acknowledgment of twenty recipients annually'
Award recipients will be honored with a certificate during a Folsom City Council meeting.
Additionally, their achievements will be highlighted on the City's website, newsletter, and social media platforms and on a display at Folsom City Hall.
The selection criteria and program specifics for the award program will be developed by City staff. The program would commence in2024.
POLICY / RULE
Folsom Charter section 2.04(D) states that the Mayor shall be responsible for public relations activities and represent the City for ceremonial purposes. Therefore, awards from individual Councilmembers shall not duplicate the actions or activities of the Mayor.
FINANCIAL IMPACT
There is no additional fiscal impact as a result of the proposed action.
ATTACHMENTS
Resolution No. 11161 - A Resolution Authorizingthe City Manager to Execute a Citywide Quarterly Citizen Award and Recognition Pro gram
Submitted,
Christine Brainerd, Acting Assistant City Manager/Communications Director 2 Page 120
01/23/2024 Item No.9.
RESOLUTION NO. 11161
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CITYWIDE CITTZEN AWARD AND RECOGNITION PROGRAM
WHEREAS, the Folsom City Council is committed to acknowledging and celebrating the accomplishments and dedication of community members who contribute significantly to the betterment of the Folsom community; and
WHEREAS, the Folsom City Council regularly recognizes organizations and individuals are honored for their outstanding achievements; and
WHEREAS' a quarterly community service award and recognition program would formalize and expand efforts to spotlight and commend community members who have made a significant impact on enhancing the overall qualrty of life in Folsom; and WHEREAS, in this initiative, Councilmembers will nominate one deserving recipient each quarter; and
WHEREAS, recipients will be honored with a certificate during a Folsom City Council meeting, and their achievements will be highlighted on the City's website, newsletter, and social media platforms and on display at Folsom City Hall.
WHEREAS, the agreement will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a citywide quarterly citizen award and recognition program.
PASSED AND ADOPTED this 23'd 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. 11161
Page I ofl Page 121
01/23/2024 Item No.9.
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01/23/2024 Item No.9.
h
Folsom City Council
Staff R ort
MEETING DATE: r/2312024
AGENDA SECTION: New Business
SUBJECT: Update on Placerville Sacramento Valley Railroad (PSVRR) License Agreement for Excursion Rail Operations and Direction to Staff
FROM: Public Works Department
RECOMMENDATION / CITY COUNCIL ACTION
Provide direction to staff regarding renewal of license agreement for excursion rail services in the City of Folsom.
BACKGROUND / ISSUE
The Sacramento-Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) was established by its Member Agencies (County of Sacramento, Regional Transit, the County of El Dorado, and the City of Folsom) in 1991 to oversee the acquisition and preservation of the Placerville Branch of the Southern Pacific Railroad. In 1996, the SPTC-JPA completed the acquisition of 53 miles of railroad right-of-way extending from Sacramento to Placerville. The corridor passes through portions of Sacramento County, the City of Folsom, and El Dorado County. The City of Folsom segment extends from Highway 50 at Folsom Boulevard, through the City of Folsom, to White Rock Road at Old Placerville Road.
In 2007, the SPTC-JPA conducted public workshops in Placerville and Folsom to obtain community input on the potential uses and improvements to the Placerville Branch rail corridor. Workshop participants expressed interest in the initiation of some form of excursion rail service along the corridor. In response, the SPTC-JPA recommended the solicitation of proposals for the development and operation of such a service in the corridor. In2007, the City Council approved the parameters for the preparation of a Request for Proposals (RFP) for excursion rail service, including the evaluation and selection of proposals submiued in response to the RFP, and authorized the SPTC-JPA to prepare and release the RFP.
The SPTC-JPA issued the RFP for excursion rail service in early 2008. On May 12,2008,the SPTC-JPA Board of Directors directed its staff to commence discussions with the Folsom, El 1
01/23/2024 Item No.10.
Dorado and Sacramento Historical Railroad Associations (FEDS) to determine the feasibility of the excursion rail proposal submitted by the FEDS, and to ultimately negotiate a 2}-year lease with the FEDS for a portion of the rail line. On October 6,2008, the SPTC-JPA Board approved a Letter of Intent (LOI) with the FEDS for excursion rail operations. The LOI included provisions that allowed for the LOI to be terminated if sufficient progress was not being made in developing the service and negotiating a lease.
On February 7,2011, in response to the SPTC-JPA staff s assessment that the FEDS had not made sufficient progress in developing excursion rail services, the SPTC-JPA Board directed that its Excursion Rail Committee be convened to assess alternatives to the previously proposed 2}-year lease for excursion rail operations. On February 22,2011, the Committee met with SPTC-JPA staff and representatives of the FEDS and the Placerville and Sacramento Valley Railroad, Inc. (PSVRR) to consider the direction in which to proceed with the development and implementation of excursion rail services. The Committee's recommendation was to develop a five-year License Agreement with the FEDS/PSVRR, in lieu of a2}-year lease, and to set goals and benchmarks for each operating year. OnMay 2, 2011, the SPTC-JPA Board approved the five-year License Agreement, authorized the Chief Executive Officer to submit the License Agreement to each affected Member Agency for approval and, following ratification by each affected Member Agency, to execute and deliver the License Agreement for excursion rail operations.
The City of Folsom, Sacramento Regional Transit, and Sacramento County all approved the Agreement; however, El Dorado County did not vote in support of the Agreement. The Agreement was then revised to exclude El Dorado County, thereby preventing PSVRR from operating in that jurisdiction, with the exception of special events authorized by County staff.
The amended Agreement took effect in February 2013, with PSVRR providing excursion rail services in Folsom and Sacramento County. During the term of this Agreement, PSVRR was able to successfully work with El Dorado County to perform occasional excursions to the town of Latrobe under a specific permit.
The 2013 Agreement expired in February 2018. In preparation for a potential license renewal, PSVRR made a presentation to the SPTC-JPA Board at their August 2017 meeting, outlining PSVRR's progress over the current License Agreement, and their goals for the future if the Agreement were renewed; part of those goals included re-establishing regular excursion operations in El Dorado County.
At the November 6,2017 SPTC-JPA Board meeting, the Board voted unanimously to approve a License Agreement, but with the exception that the status quo was to be maintained in El Dorado County, meaning no PSVRR activities except for special events and capital improvements if approved by the County. This amended Agreement was to take effect in February 2}l9,pending approval by the member agencies. However, some El Dorado County staff and PSVRR still had significant disagreements regarding the SPTC-JPA's intent and El Dorado County's goals, so a renewed Agreement was delayed, and the existing License Agreement was extended by the SPTC-JPA Board to May 2018. El Dorado County staff 2 Page 124
01/23/2024 Item No.10.
advised their Board to deny the request for a new License Agreement, and effectively maintain the status quo within El Dorado County.
On April 24,2018, the Folsom City Council unanimously approved a resolution authorizing the SPTC-JPA to execute the renewed license agreement. El Dorado County staff initially expressed concerns about the agreement but were able to make revisions that were acceptable to both the agency and to PSVRR and as a result the El Dorado County Board of Supervisors approved the revised agreement in September 2018. The License Agreement for Excursion Rail Operations between the SPTC- JPA and the PSVRR is a renewable agreement that is set for renewaItn2024.
POLICY / RULE
Per the Folsom Municipal Code, the City Council is the sole authority to ratifu agreements on behalf of the City of Folsom.
ANALYSIS
ln 2021, the City of Folsom and the SPTC-JPA received a notice from the Federal Railroad Administration (FRA) and Califomia Public Utilities Commission (CPUC) listing several safety issues in the trackage and ballast between the Iron Point Station (Hampton Inn) and the crossing at White Rock Road. In response, PSVRR voluntarily paused its excursion rail operations. Other activities along the rail corridor, such as holiday train special events between East Bidwell Street and Oak Avenue Parkway, were not affected.
In September 2022, the City and the SPTC-JPA received another notice from the FRA stating that the safety issues remain and that no operations should be conducted until they are corrected. Following receipt of the FRA report the SPTC-JPA followed with a letter that served as formal notice to PSVRR that pause in operations must continue until written confirmation from the City of Folsom that all safety issues have been corrected to the satisfaction of the FRA and CPUC, and that the City grants permission to restart operations under the License Agreement. The SPTC-JPA and the City have yet to receive any information on progress made in the issues listed in the FRA report.
In October 2023 staff representing the SPTC-JPA, City of Folsom, and the Capital Southeast Connector JPA (CSEC) met to discuss the future of PSVRR Excursion Rail operations within the City of Folsom. Considerations discussed at the meeting included the following:
o Potential redevelopment of the "'Wye" property (cunent PSVRR Operations Base) . Connector (White Rock Road) rail crossing impacts
o At-grade rail crossing safety and cost
o Grade-separated rail crossing cost impacts
o Folsom Plan Area (FPA) street crossings cost impacts
o PSVRR benefits to City of Folsom vs. cost impacts
o FPA development and impacts of rail operations on residents o FRA inspections (existing track conditions)
o Alternatives to excursion rail services in Folsom
J Page 125
01/23/2024 Item No.10.
After the meeting SPTC-JPA and City staff informed the PSVRR that the City of Folsom has serious concerns about the continued operation of the PSVRR excursion rail services from the Hampton Inn, just north of Highway 50, south across the Southeast Connector. The City and the SPTC-JPA are actively working with PSVRR to determine alternative operating segments and/or events for excursion rail services along the SPTC-JPA corridor.
The current License Agreement for Excursion Rail Operations between the SPTC-JPA and the PSVRR was approved as a renewable, five-year agreement that expired at the end of 2023.
Staff intends to submit a proposed agreement for the Board's consideration at the February 5, 2024 regular Board meeting. However, City Council guidance is requested before a draft. agreement can be developed for the Board's consideration.
The financial requirements for the excursion rail service are to be addressed by PSVRR as set forth in the License Agreement, and no City funds will subsidizethe capital or operating costs associated with excursion rail service. However, if the City of Folsom decides to continue the excursion rail services from the Hampton Inn through the FPA and across the CSEC, either at- grade or grade-separated,financial commitments to improve the infrastructure to accommodate the crossing of the CSEC could fall on the City of Folsom.
FINANCIAL IMPACT
The recommended action of providing direction to staff will not result in any impact to the current City budget, nor does it impose any future financial commitments by the City.
ATTACHMENTS
1. License Agreement by SPTC-JPA with PSVRR for Excursion Rail Operations Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
4 Page 126
01/23/2024 Item No.10.
B.
C.
LICENSE AGREEMENT
FOR
EXCURSION RAIL OPERATIONS
This License Agreement ("Agreement") is made effective as of January 1,2019, by and between the Sacramento-Placerville Transportation Corridor Joint Powers Authority, a California joint powers agency ('UPA''), and the Placerville and Sacramento Valley Railroad, fnc., a Califomia nonprofit public benefit corporation (nP&SVRRrr).
Recitals
A. The JPA is a public entity formed in 1991 for the purpose of purchasing fifty three (53) miles of the Placerville Branch railroad right-of-way from Sacramento to Placerville, California. The JPA has four (4) mernber agencies, namely: The County of El Dorado, the City of Folsom, the County of Sacramento, and the Sacramento Regional Transit District.
The JPA purchased the Rail Corridor in 1996 and continues to own it for the purpose of preserwing it for transportation uses, and coordinating usage and maintenance by the member agencies.
On or about January 28,2008, the JPA issued a Request for Proposal ("RFP"; to solicit proposals from firms and individuals with experience, knowledge and qualifications necessary to operate an excursion rail service on a portion of the Rail Conidor covering approximately twenty six (26) miles situated between the "Folsom Wye" (approximately milepost 111) and Shingle Springs Station (approximately milepost 137). The RFP required that the excursion rail service be operated without public subsidy and in such a manner as to preserve the excess width of the Rail Corridor for other potential uses, including natural trails, bicycle trails and equestian trails.
D. Pursuant to the RFP, on or about May 12,2008, the JPA's Board of Directors selected P&SVRR's affiliate, the Folsom, El Dorado and Sacramento Historic Railroad Association ("FEDSHRAT') as the entity with which to negotiate the operation of the excursion rail service.
E. FEDSHRA representatives subsequently incorporated P&SVRR to act as the nonprofit entity responsible to develop and operate excursion rail service on the Rail Corridor and, by its signature below, the JPA hereby approves P&SVRR as the operator of excursion rail service.
In January 2013, the P&SVRR and the JPA entered into a renewable license agreement for excursion rail services, with a five-year, renewable term. The operating limits of the license agreement adjusted to remove the El Dorado County section of the SPTC after the Board of Supervisors voted against the license agreement. tl/s/rE
F
1 P&SVRR License Agreement
01/23/2024 Item No.10.
The JPA and P&SVRR enter into this Agreement to set forth the terms and conditions under whioh excursion rail service will be operated. The parties therefore agree as follows:
Acreemcnt
1. Definitions
1.1 The term *EBA" is defined as the United States Federal Railroad Adminisftation or its regulatory successor.
1.2 The term "Ilazardous-M4lerialq" is defined as any substance: (a) that now or in the future is regulated or governed by, requires investigation or remediation under, or is defined as any hazardous wa$te, hazardous substance, bio-hazard, medical waste, pollutant, or contaminant under any governmental statute, code, ordinance, regulation, rule, or order, or any amendment thereto, including the Hazardous Material Transportation Act 49 U.S'C' $ 5101 et seq', the Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. $ 9601 et seq., and the Resource Conservation and Recovery Act, 42 U.S.C. $ 6901 et seq., or (b) that is toxic, explosive, corrosive, flammable, radioactive, carcinogenic, dangerous, or otherwise hazardous, inciuding gasoline, diesel, petroleum hydrocarbons, polychlorinated biphenyls (PCBs), asbestos, radon" and urea formaldehyde foam insulation.
1.3 The term "Hazardous Materials s" means all present and future governmental statutes, codes, ordinances, regulations, rules, orders, permits, licenses, approvals, authorizations, and other requirernents of any kind applicable to Hazardous Materials.
G.
1.4 1.5
1.6 t.7
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The terms ".iEgbdg", "!gglg@o', and o'Ug!gdj!d' are to be read as if they were followed by the phrase "without limitation."
The term "EA" is defined in the introductory paragraphs of this Agreement and includes its member agencies, and their respective directors, officers, employees, agents, and all others acting under its or their authority.
The term o'Ligglgg-PlQpg$y" is defined as the portion of the Rail Corridor extending from approximately milepost t l1 (Folsom Wye, Folsom, CA) to approximately milepost 119.4 (SacramentolEl Dorado County Line) consisting of all real and personal properly within t0 feet of the centerline of any track on the Rail Coridor except where roadways, buildings, or Rail Corridor boundary lines reduce such distance to less than 10 feet or additional width is necessary for PUC-required clearances, or approved stations, storage/maintenance facilities, siding, or other similar railroad facilities.
The term 1'Inss" is defined as any loss, damage, claim, demand, action, cause of action, penalty, fine, payrrTent, cost, liability, or expense ofwhatsoever nature, including court costs and reasonable attomeys' fees, resulting from or related to:
2 P&SVRR License Agreement
01/23/2024 Item No.10.
(a) any injury to or death of any person, including officers, agents, and employees of the JPA or P&SVRR; or (b) damage to or loss or destruction of any property, including the Rail Corridor, any adjacent properly, and the roadbed, hacks, equipment, other property of the JPA or P&SVRR, and any property in the JPA's or P&SVRR's care or custody.
1.8 The term "Qpg$gg-&4[" is defined as any segment of the License Property for which the JPA has given its written approval for Excursion Service operations pursuant to Section 2.1.
t.9 The term "B@'is defined as the entire width of the Placerville Branch railroad right-of-way between approximately milepost l l l (Folsom Wye, Folsom, CA) and approximately milepost 144.9 (Missouri Flat Road, Diamo:rd Springs, CA), purchased from Southern Pacific Transportation Company by the JPA, including all improvements thereto, whether now existing or hereafter constructed.
1.10 The terrn "Bglhg{Fagjlides" is defined as all tracks and ot}rer railroad property and fixtures, including rail, ties, switches, ballast, trackbeds, bridges, trestles, retaining wallso culverts, railroad signs, switch mechanisms, signals, grade crossings, active and passive grade crossing waming devices and other appurtenances located on the Rail Corridor.
l.l1 The term *P&SVRK' is defined in the introductory paragraphs of this Agreement and includes its directors, officers, employees, agents, parents, subsidiaries, affiliates, commonly controlled entities, any other related persons and entities, and all others acting under its or their authority.
l.I2Theterrn..E4@'isdefinedasthetransportationoftouristsbyrail.
Excursion Service does not include regularly-scheduled passenger transit or commuter service.
2. JPA Grants Rights
2.1. Excursion Service. The JPA grants P&SVRR the right to provide Excursion Service on the License Properly, subject to the following conditions:
2.1.1. P&SVRR's proposed Excursion Rail Service Operating Plan, is set forth in Exhibit A attached hereto and incorporated herein.
2.t.2
2.t.3
I l/5/l8A
P&SVRR License Agreement
Operating hours will be limited to weekends and holidays only.
P&SVRR may schedule special events outside of the operating hours defined in Section 2.1.2 andthe Operating Segments defined in Exhibit A, subject to prior written approval of the City of Folsom, County of Sacramento, or County of El Dorado, as applicable.
3
01/23/2024 Item No.10.
2,1,4, P&SVRR will permit passengers to disembark only at stops approved by the JPA or a member agency in writing, or in the case of emergency.
2.1.5. All Excursion Service operations and other activities permitted under this Agreement will be performed in compliance with applicable law. Without limiting the generality of the foregoing, P&SVRR may not, in performing such Excursion Service, exceed the maximum speeds authorized by applicable law for the existing track conditions or transport rail cars exceeding the applicable track and bridge weight limits.
2.1.6. P&SVRR will obtain and maintain all permits, licenses or other authorizations required from any municipal, county, state or federal authorities required in connection with the constnrction, maintenance, or repair of the License Properfy and the operation of the Excursion Service.
2.L7. The portion of the License Property situated befween milepost 111 (Folsom Wye, Folsom, CA) and milepost 116 (kon Point Road Crossing, Folsom, CA) will be used only for movement of equipment and supplies and not for Excursion Service operations, except for special events authorized in writing by the City of Folsom as noted in Exhibit A attached.
2.I.8. P&SVRR will comply with any other operating rules deemed necessary or advisable by the JPA from time to time. In the event of any conflict between operating rules issued by the JPA and operating rules issued by a member agency, the operating rules issued by the member agency shall control.
2.2. OtherThird-Party Lioensss.
2.2.t. Third.Partv Liconsco. The JPA reserves the right to grant additional licenses over the License Property and the Railroad Facilities, provided that the JPA detennines that any such licenses: (a) do not materially compete or conflict with P&SVRR's Excursion Service license to the extent of any regular Excursion Service operations, or special Excursion Service events, set forth in the Excursion Rail Services Operating Plan defined in Exhibit A attached herein, (b) require the licensee to pay a reasonable share of P&SVRR's costs to provide dispatching, and to maintain and repair the portion of the License Property and Railroad Facilities used by the licensee, and (c) require the licensee to (i) provide insurance and (ii) indemniff and hold harmless P&SVRR and the JPA as to any Loss arising out of or related to licensee's operations. The JPA will consult with P&SVRR to determine the cost of dispatching services and a good faith apportionment of maintenance and repair costs for the portion of the License Property and Railroad Facilities used by the licensee.
I 1/5/t 8A
P&SVRR License Agreement
4
01/23/2024 Item No.10.
2.2.|.1.P&SVRR will provide dispatching services as necessary to facilitate the activity of any third party licensee and to ensure the safety thereof.
2.2.1.2.For purposes of Section 2.2.I(a), the term "material conflict" applies only to previously-approved Excursion Service operations and not to P&SVRR's maintenance or repair activities, the scheduling of which shall be subordinate to events authorized under any third-party license granted by the JPA.
zzt'*;,oli'T"1?'J,*?xilly".Hrl?lJ';::',1t"'i::"J*H
documentation and any other materials (collectively "&SQd3") i:f#,,:i:ili'.H;,.;:,'i:,il:'.lflIidJ.#[1'''il'li:
auditing, or otherwise verifring said costs. P&SVRR will provide the JPA or its desigrees with any Records requested for this itff ::,,1iJ'[IJ"Hil'ffi :l ft[ i:ffiiil:ffi'J ;;*:
for the purpose of inspecting and copying such Records. P&SVRR further agrees to maintain such Records for a period of three years. ;H+K,1"f;Hl'.xtfi ffi ffin:'l;l*:'T"ff TJH?ff3fJ:
any third-party without P&SVRR's prior written approvaln excopt as otherwise required by applicable law'
2.2.L4.P&SVRR will reasonably cooperate with any third party holding rights to use the Rail Conidor.
2.3. Lnvestigation. P&SVRR hereby acknowledges that (a) it has satisfred itself at the time of this Agreement with respect to the condition of the License Property and Railroad Facilities and their suitability for P&SVRR's intended use; (b) it has made such investigations as it deems necessary with respect to the License Property and Railroad Facilities, as they exist at the time of this Agreement, and assumes responsibility therefor as to its occupancy and use thereof; and (c) neither the JPA nor any of the JPA's agents has made any oral or written representations or warranties with respect to the License Property or Railroad Facilities.
2.4. As,Is. Where-ls. P&SVRR will take the License Property in an "as-is, where-is" condition and without any express or implied warranties, including, but not limited to, any warranties of merchantability, fitress for a particular puq)ose or volume or quality of traffic on the License Property, and subject to: (i) encroachments or other existing conditions, (ii) all existing ways, alleys, privileges, rights, appurtenances and servitudes, howsoever created, and (iii) the JPA's rights hereunder.
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2.5. Roleasa. P&SVRR, for itself its successors and assigns, to the maximum extent permitted by law, hereby waives, releases, remises, acquits and forever discharges the JPA, its officers, employees, agents, successors and assigns, from any Loss in any way arising out of, or connected with, the known or unknown, existing or future physical or environmental condition of the License Property and Railroad Facilities (including any Hazardous Materials contamination in, on, under, or adjacent to, the License Property, or any clearance constraints on the License Property), or any federal, state, or local law, ordinance, rule or regulation applicable thereto.
2.5.1. P&SVRR hereby grants to JPA, on behalf of any insurer providing property, general liability, or automobile liability insurance to either P&SVRR or JPA with respect to the operations of P&SVRR, a waiver of any right to subrogation which any such insurer of P&SVRR may acquire against JPA by virtue ofthe paynent ofany loss under such insurance.
2.6. The rights granted by the JPA under this Agreement are subject to all existing licenses, leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title that may affect the Rail Corridor and the word "grant'o as used herein will not be construed as a covenant against the existence of any thereof.
3. Limitation and Subordination of Rights Granted
3.1. JPA's Use of Rail Corridor. The foregoing granted rights are subject and subordinate to the JPA's prior and continuing right to use and maintain the Rail Corridor for any purpose that is not inconsistent with this Agreement. Without limiting the generality of the foregoing, the JPA may constnrct; maintain, repalr, renew, use, operate, change, modifr or relocate public projects of any kind, railroad tracks, signals, communication equipment, fiber optics, pipelines, or other facilities upon, along or across any or all of the Rail Corridor and License Property, all or any of which the JPA may freely do at any time or times without liability to P&SVRR for compensation or damages; provided, however, that the JPA may not materially interfere with P&SVRR's rights and operations under this Agreement. The JPA will, to the extent possible, notifu P&SVRR as soon as practicable of any such planned or actual interference and take reasonably practicable measures to minimize any such interference. P&SVRR shall reasonably cooperate with the JPA in implementing the foregoing uses of the Rail Corridor.
3.2 JPA's lnspection Accassr Acooss for Maintenanco. The JPA may, as reasonable and as coordinated in advance with P&SVRR, (i) in'spect the License Property and the Railroad Facilities, including any rail-yard or maintenance facility used in connection with Excursion Service, and (ii) access the License Property and Railroad Facilities (including access with JPA or third party rail vehicles) as necessary to maintain areas of the Rail Corridor outside of the License Property that are not othenvise reasonably accessible.
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Futuro At-Grade Crossiqgs: Improverug.$t$ to Existing Crossings. The parties acknowledge that local govemments may desire to create future at-grade public crossings of the License Property. In addition, the parties acknowledge specifically that the Capital Southeast Connector JPA and its member agencies intend to widen White Rock Road and improve its crossing with the Rail Corridor as part of a major regional connector parkway. P&SVRR will, at no cost or expense to itself, cooperate with the efforts of any applicable local governments to secure PUC approval of such crossings; provided, however, that P&SVRR shall be entitled to raise any reasonable safety concerns related to such s16s5ings.
P&SVRR will also cooperate with the construction of crossing improvements, as necessary.
4. Maintenance and Operation of Railroad Facilities
4.1. Maintenance of License Propcrty and Railroad Facilities.
4.t.1. Licenss Propertv and Railroad Faciliti$. P&SVRR, at its expense, will keep the License Property and Railroad Facilities in good repair and in a good and safe condition in conformrty with applicable law, any standard and permits required by the member agencies, and approved operating plans. P&SVRR is not obligated to maintain or repair the Rail Corridor outside of the License Property for other uses or purposes, including without limitation bike trails, hiking trails, or other recreational activities.
P&SVRR acknowledges and agrees that areas outside of the License Property are used for other recreational activities and that use of the License Property by P&SVRR will not obstruct or interfere with such recreational use.
4.1.2. Crossings. In addition to the foregoing, for each crossing located within any Operating Segment, P&SVRR will maintain the surface of such crossing in accordance with CPUC General Order No. 72-B. If unsafe conditions or disrepair are noted io atty public road crossings, the JPA and its member agencies reserve the right to perform any maintenance or repair they deem necessary qdthin the envelope of P&SVRR's maintenance responsibility set forth in the preceding sentence, and to charge P&SVRR for the cost thereof.
4.1.3. Optionel Mainte-nance outside of License Properly. P&SVRR may, at its option and only subject to a request from a member agency, enter portions of the Rail Corridor outside the License Property that is located within the requesting member agency's jurisdiction to collect trash, maintain drainage, abate weeds or graffiti, clear fallen trees and branches, or address other conditions, as necessary to ensute the safety of P&SVRR's operations. The JPA grants P&SVRR a license to enter all portions of the Rail Corridor as necessary to perform zuch work; P&SVRR will repair any damage caused as the result of P&SVRR's performance of any such r r /5/1 8A
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maintenance, and shall perform the work in compliance with any standards and perrrits required by the member agencies'
4.1 .4, Scope sf_Maintenance. For purposes of this Section 4. l, the maintenance and repairs to be performed by P&SVRR include, as required by applicable law, (a) inspections, testing, track profiling, adjustnents, lubricating, welding, re-spiking surfacing, tamping, and any other tasks constituting customary and routine maintenance of track structures; (b) repair, renewal, replacement, or other customary and routine work required to ensure the safety of Railroad Facilities, including maintenance of track to at least Class 1 standards where required by law, and oompliance with any applicable bridge safety management program regulations that may be promulgated by the Secretary of Transportation pursuant to Public I-aw 110432, Section 417, including the regulations set forth in 49 CFR Part 237; (c) drainage management; and (d) compliance with all mandated reporting. The JPA will have no responsibility to maintain the tackage, structures, or any other Railroad Facilities.
4.1.5. Notice of Assiqnment. Concurrently with the execution of this Agreement, both parties will execute and deliver to the FRA a written notice of the assignment of track inspection and maintenance responsibilities, and bridge safety management responsibilities, to P&SVRR in accordance with 49 CFR $ 213.5(c) and 49 CFR $ 237.3. The notice of assignment ' will attach a copy of this Agteemeirt
4.1.6. Relooca fiom LiabiliW. P&SVRR, for itself, its successors and assigts, to the maximum extent permitted by law, hereby waives, releases, remises, acquits and forever discharges the JPA, its officers, employees, agents, successors and assigns, from any Loss in any way arising out of, or connected with, existing or future (i) design flaws of public improvements, whether outside the License Property or within, or (ii) failure of JPA or its member agencies to maintain areas outside of the License Property.
P&SVRR's exclusive remedy for any such Loss will be to abandon Excursion Operations as set forth in Section 7.4.
4.2. Ownership of Track Materials. All track materials installed by P&SVRR as part of the Railroad Facilities will be of equal or better quahty than those ffack materials existing at the time of exeoution of this Agreement and will become the JPA's property. All materials removed by P&SVRR from the Railroad Facilities and replaced as part of maintenance, repairs, or capital improvements will become the property of P&SVRR, except for iron and hardware items such as rail, plates, switch signals, spikes and items of historical or archeological interest, which shall remain the property of the JPA. P&SVRR will not, without the prior written approval of JPA, remove traok materials or other improvements from the Rail Corridor unless they are replaced as provided in this section. P&SVRR will keep a written record of track materials and other improvements removed from, or 1 1/s/l8A 8
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installed upon, the Rail Corridor and will provide an updated copy of the record to the JPA on an annual basis.
4.3. Clearine of Obstructions. Derailmcnts. and Wrecks. P&SVRR will as soon as practicable clear any obstructions, derailments, and wrecks of railroad equipment or Railroad Facilities.
4.3.1. To the extent that any such obstnrctior5 derailment, or wreck damages the Rail Corridor, P&SVRR will as soon as practicable restore the Rail Corridor to the condition it was in prior to the obstruction, derailment, or wreck.
4.3.2. If P&SVRR fails to comply with the provisions of this section, the JPA may perform the required action and charge P&SVRR the reasonable cost thereof.
4.4. Besponsibility fol Rspair or Boplacamont.
4.4.1. Dsnage Causcd by P&SVRR Oparqlions. Except as otherwise set forth in this Agreement, P&SVRR will be responsible to repair or replace any damage to the License Property or Railroad Facilities caused by, or related to, P&SVRR's operations.
4.4.2. Damage Caused by Acts of God or Other Factors bevond P&SVRR's Control. If any portion of the License Property or the Railroad Facilities are da:naged or destroyed by flood, fire, civil disturbance, earthquake, earth movement, storm, sabotage, act of God, terrorism, accident or any other event beyond P&SVRR's reasonable control, including damage or destruction caused by third parties, even if said damage or destruction originates outside of the License Property, then P&SVRR may, but will not be required to, at no cost or expense to the JPA, (a) repar, or cause to be repaired, the damaged or destroyed portion of the Railroad Facilities; (b) replace, or cause to be replaced, such portion ofthe License Property or the Railroad Facilities; or (c) seek to abandon its Excwsion Service and rights under this Agreement over all or such portion of the Rail Corridor as P&SVRR deems appropriate, as set forth in Section 7.4.
5. Construction, Relocation, or Removal of Railroad Facilities
5.1. By tho JPA.
5.1.1. The license herein granted is subject to the JPA's needs and requirements to improve and use the Rail Corridor. Subject to P&SVRR's rights under this Agreement, the JPA, at its sole cost and expense, may add to any portion of the Railroad Facilities, or change or relocate them to new locations as reasonably designated by the JPA, whenever, in the furtherance of the JPA's needs and requirements, the JPA finds such action to be necessary.
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5.t.2 All such work performed, and any installation of Railroad Facilities, will be in confonnance with all applicable laws. If the JPA relocates any portion of the tracks, the centerline of the License Property will, upon completion of the relocation work, be deemed to have been modified to coincide with the centerline of the realigned tracks.
5.2. By P&$VRR. P&SVRR may, at its cost and expense, modiff or improve the License Property and Railroad Facilities as needed to accornmodate its Excursion Service; provided, however, that P&SVRR first obtains the written approval of both the JPA and the member agency where the License Property is located of P&SVRR's plans for such modifications and improvements, which approval may be granted or withheld in the member agency and the JPA's sole and absolute discretion. P&SVRR's modification or improvement of the License Property and Railroad Facilities may not interfere with or impede any existing or future public use of the Rail Corridor that the JPA may authorize. P&SVRR may, upon the tennination of this Agreement or upon the abandonment of any applicable section of the License Property or portion of the Railroad Facilities, remove any modifications or improvements to such License Property or Railroad Facilities that were paid for by P&SVRR, that do not constitute any repair or replacement to such License Property or Railroad Facilities, and that have not become fixtures to such License Property or Railroad Facilities.
5.3. The terms, conditions, and stipulations expressed in this Agreement as to the License Property and Railroad Facilities will apply to the License Property and Railroad Facilities as they may at any time be expanded, added to, modified, changed, or relocated in accordance with this Section 5.
License Fees. Beginning on the conmencsment date of this Agteement and annually on the anniversary date of the commencement date each year thereafter, P&SVRR will pay JPA the sum of One Hundred Dollars ($100.00) as a fee for the licenses granted hereunder.
7. Term and Termination
7.1. Terrr. This Agreement will become effective when fully executed and delivered by the parties and will continue in full force and effect for a period of five (5) years unless otherwise terminated as provided herein. Prior to the expiration of the term, the JPA will evaluate the Excursion Service operated by P&SVRR and consider an extension of the term hereof. Such deterrrination will be made in the JPA's sole and absolute discretion.
7.2. JPA Termination for Default. If (i) P&SVRR does not substantially comply with the Operating Plan defrned in Exhibit A, or the Operational Goals defined in Exhibit B, or (ii) P&SVRR remains in default in its perfonnance of any covenant or Agreement contained herein for a period of 60 days after written notice from the JPA to P&SVRR specifuing such default, the JPA may, at its option, terminate this Agreement by written notice; provided however, that if such default cannot 1 l/5/l8A
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reasonably be cured within 60 days after such notice, the JPA may not terminate this Agreement provided that P&SVRR begins to cure the default within the 60- day notice period and proceeds diligently to complete such cure.
7.3. JPA Termination for Other Reasons.
7.3.1. Rail Banking: Reaotivation of Freight Service. The Rail Conidor was rail banked under the federal Rails to Tmils concurrently with its acquisition by the JPA in 1996. Accordingly, the Rail Corridor and this Agreement are subject to potential reactivation of freight rail service. In the event an authorized freight rail operator reactivates freight service on the Rail Corridor, JPA and P&SVRR will consult and cooperate with one another in regard to the impacts and effects thereof. If this Agreement is terminated as to all or a portion of the License Property due to the reactivation of freight rail service, or if P&SVRR's rights are materially adversely affected as a result thereof, JPA will pay to P&SVRR any amounts JPA receives from freight operator on account of the unamortized cost associated with (A) any improvements made to the License Property by P&SVRR, or (B) deferred maintenance performed by P&SVRR to make the License Property operable for Excursion Service. Apart from the foregoing, JPA will have no liability or obligation to P&SVRR by reason of the reactivation of freight rail service.
7.3.2. Telmination f-or Public Project. The parties aoknowledge that the Rail Corridor is a publiciy-owned right-of-way that may be required for other public needs in the future and that the JPA's member agencies have certain rights to use the Rail Corridor, including the License Property, under the Reciprocal Use and Funding Agreement among the JPA and its member agencies. Accordingly, the JPA reserves the right to tenninate this Agreement with respect to all or a portion of the License Property for any public use that is incompatible with P&SVRR's continued operation (as determined by the JPA) under this Agreement. Such termination will be effective no earlier than 12 months following JPA's written notice to P&SVRR. The term "public use" does not include widening the trail or other recreational facilities that JPA's member agencies may desire to construct along the Rail Conidor.
7.3.2.1. If JPA terminates this Agreement under this Section 7.3.2 with respeot to all or any portion of the License Property prior to the expiration hereof, JPA or its member agencies will compensate P&SVRR for the unamortized cost associated with (i) any improvements made to the License Property by P&SVRR, (ii) deferred maintenance performed by P&SVRR to make the License Property operable for Excursion Service and (iii) any rolling stock purchased by P&SVRR for P&SVRR's Excursion Service
operations following execution of this Agreement, provided that all of the foregoing will belong to JPA upon termination of the kase.
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JPA may review P&SVRR's records to substantiate such costs pursuant to Section 2-2.L3. Apart from the foregoing, JPA will have no liability or obligation to P&SVRR by reason of such tennination. In particular, the parties acknowledge and agree that this Agreement and P&SVRR's Excursion Service operations are for the public benefit and/or education, and not for personal profit.
Accordingly, this Agreement and any goodwill from P&SVRR's operations will be deemed to have no value in the event of any such termination.
7.3.2.2. The provisions of this Section 7.3.2 rpply only to a termination for a public project and are not applicable to a termination for default.
7.4. Abandonment of License RiEfitq, P&SVRR may at any time, in its sole and absolute discretion, immediately and without any liability to the JPA, abandon its Excursion Service and terminate this Agreernent upon delivery of written notice thereof to the JPA.
7.5. All obligations incurred by the parties prior to the termination of this Agreement will be preserved until satisfied.
7.6. Upon the effective date of tennination of this Agreement, P&SVRR will, if so requested by the JPA, execute any documents reasonably necessary to evidence such termination and to effectuate the purpose and intent of this Agreement. fnsurance. P&SVRR will obtain the insurance set forth below, to be kept in force during the life of this Agreement. All insurance policies must be written by a reputable insurance company reasonably acceptable to the JPA, or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in Califomia.
8.1. P&SVRR Insurance: P&SVRR will, at its own cost and expense, provide and procure Commercial General Liability ("CGL,') and, as applicable, Workmanns Compensation or Federal Employer's Liability Act (*FELA'), insurance.
8.1.1. The CGL insurance policy providing bodily injury, including death, personal injury and property damage coverage will have a limit of not less than $1 million each occunence and $2 million in the aggregate. The deductible or self-insured retention may not exceed $10,000. The parties acknowledge that the prudent level of insurance required for rail operations will change throughout the tenn of this Agreement. The JPA reserves the right to require that P&SVRR raise its coverage limits to a level that conforms to the level of insurance commonly provided to short line and regional railroads with operations similar to those of P&SVRR on the License Property.
8.1.2. The CGL insurance policy must be written on a form at least as broad as ISO Occurrence Form CG 0001. This insurance will contain broad form
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8.1.3. 8.1.4.
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contractual liability covering the indemnity provisions contained in this Agreement, coverage for railroad operations, and coverag€ for construction or demolition work on or near railroad tracks. Prior to the execution of this Agreement, P&SVRR will provide the JPA with a certificate of insurance on a standard ACORD form, or otler form reasonably acceptable to the JPA, substantiating the required coverages and limits set forth herein. Upon request by the JPA, P&SVRR will immediately furnish a complete copy of any policy required hereunder, including all endorsqnents, with said copy certified by the insurance company to be a true and correct copy of the original policy' The CGL insurance policy must include the JPA and each of its member agencies as "additional insuredso' (using ISO Additional Insured Endorsement CG 20 26 or a substitute form reasonably acceptable to the JPA providing reasonably equivalent coverage).
Required Provisions: The CGL insurance policy will contain, or be endorsed to contain, the following provisions:
8.1.4.1. For any claims related to this Agreement, P&SVRR's insurance cov€rage will be primary insurance as respects the JPA, its member agencies, and their respective directors, offrcers, employees, and agents and any insurance or self-insurance maintained by any of them will be in excess of P&SVRR's insurance and will not contribute to it.
8.1..4.2. Any failure by P&SVRR to comply with reporting or other provisions of the policies, including breaches of warranties, will not affect coverage provided to the JPA, its directors, officers, employees, or agents.
8.1.4.3. P&SVRR's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
8.1.4.4. Any exclusion for actions within 50 feet of a railroad shall be removed.
8.1.4.5. Each insurance policy required by this Agreement will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after 30 days' prior written notice by certified mail, retum receipt requested, has been givento the JPA.
8.1.5. Workers' Compensation or FELA insurance will cover any statutory liability as determined to be applicable by the compensation laws of the State of California or FELA, as applicable, with a limit of at least $l million.
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9 8. 1.6. The fact that insurance is obtained by P&SVRR or by the JPA on behalf of P&SVRR will not be deemed to release or diminish P&SVRR's liability, including liability under the indemnity provisions of this Agreement.
Damages recoverable by the JPA from P&SVRR or any third party will not be limited by the amount of the required insurance coverage.
Project Managers; Notices. The JPA's project manager for this Agreement is its Chief Executive Officer. unless the JPA otherwise informs P&SVRR in writing. P&SVRR's project manager for this Agreement is its President, unless P&SVRR otherwise informs the JPA in writing. Each party to this Agreement may rely on the authority of the other party's designated project manager to take any action, or execute any notice or agreement, in connection with this Agreement. Any notice, report, or other communication required by this Agreement shall be mailed by first-class mail, or, if receipt thereof is acknowledged by the recipient, by facsimile or e-mail. The parties' addresses are as follows:
If to P&SVRR: Jim Harville, President
Placerville & Sacramento Valley Railroad, Inc
705 Sibley Street
Folsom CA 95630
Telephone: 916-708-7368
E-mail: [email protected]
If to JPA: Mark A. Rackovan, CEO
50 Natoma Street
Folsom, CA 95630
Telephone: 916-461, -67 lI
Fax: 916-351-0525
E-mail: [email protected]
Claims and Liens for Labor and Material. P&SVRR agrees to pay in full for all materials joined or affixed to the Rail Corridor, to pay in full all persons who perform labor upon the Rail Corridor, and not to permit or suffler any mechanic's or materialmanos lien of any kind or nature to be enforced against the Rail Corridor, as to any work done or materials furnished thereon by P&SVRR or at P&SVRR's request. P&SVRR will indemniff, hold hannless and defend JPA (with counsel reasonably acceptable to JPA) against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor pet{orrred or materials furnished.
Property Taxes. P&SVRR will assume, bear, and pay all property and other taxes and assessments of whatsoever nature or kind (whether general, localn or special) levied or assessed upon or against any License Property or Railroad Facilities, including possessory interest taxes under California Revenue and Taxation Code section 1.07 et seq., unless applicable law otherwise excuses payment of taxes due to P&SVRR's nonprofit stafus or the JPA's ownership of the Rail Corridor, the License Property, or the Railroad Facilities.
10. 11.
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t2.
13. Indemnity. P&SVRR will indemniff, defend and hold harmless the JPA from any Loss which is due to or arises from: (a) P&SVRR's operation, maintenance, repair, or use of the License Property, Railroad Facilities, any appurtenances thereto, or any part thereof; (b) P&SVRR's provision of Excursion Service; or (c) P&SVRR's failure to comply with or perform any of the terms and conditions set forth in this Agreement; except to the extent that the I-oss is oaused by the sole negligence or willful misconduct of the JPA, its offrcers, agents, or employees. The provisions of this section will survive the termination or expiration of the term of this Agreement.
Removal of P&SVRR Equipment, Personnel, and Property upon Termination of Agreement. Prior to, or upon, the termination of this Agreement, P&SVRR will, at its sole expense, remove its equipment, personnel, and other property from the License Property and Railroad Facilities and will restore, to the JPA's reasonable satisfaction, such portions of the License Property and Railroad Facilities used by P&SVRR to as good a condition as they were in at the beginning of this Agreement, excepting normal wear and tear. If P&SVRR fails to do the foregoing, the JPA may do such work at the cost and expense of P&SVRR. P&SVRR may not remove any property, including the Railroad Facilities, that is or becomes the property of the JPA under this Agreoment.
14. Hazardous Substances and Wastes
14.1. P&SVRR will not be liable or responsible for any Hazardous Materials present on, in, or under the Rail Corridor, or other problems relating to the Rail Corridor, prior to the effective date of this Agreement, except to the extent P&SVRR's activities exacerbate the contamination of any such pre-existing Hazardous Materials.
14.2. P&SVRR will comply with all applicable laws in its occupancy, operation, and maintenance of the License Propefi and Railroad Facilities. Without first obtaining the JPA's written permission (which may be withheld in the JPA's sole and absolute discretion), P&SVRR will not treat or dispose of Hazardous Materials on the License Property or Railroad Facilities. P&SVRR will not release any Hazardous Materials on or at the License Property or Railroad Facilities, including through any drainage or sewer systems. P&SVRR assumes all responsibility for the investigation and cleanup of any such release or exacerbation by P&SVRR and will indemnify, defend, and hold harrnless the JPA and its property, its officers, agents, and employees, for all costs, including reasonable environmental consultant and reasonable attorneys' fees, and claims resulting from or associated with any such release or exacerbation by P&SVRR.
P&SVRR will assume all responsibility for and will indemni$', defend, and hold harmless JPA against all costs and claims associated with a release or leak of Hazardous Materials, or exacerbation of pre-existing Hazardous Materials, occurring during the term of this Agreement, and related to P&SVRR's use of the License Property or Railroad Facilities, unless such event was caused by the sole negligence or willful misconduct of the JPA, its officers, employees, or agents.
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14.3. P&SVRR will not install any above-ground or underground storage tanks without the JPA's prior written consent, which consent may be granted or withheld in JPA's sole and absolute discretion. If such consent is granted, P&SVRR will obtain any necessary pemrits, notiff the proper authorities, and provide the JPA with copies of any such permits and notifications. P&SVRR will assume all responsibiiity for and will indemniff, defend, and hold harmless the JPA against all costs and claims associated with a release or leak of the contents of any such tank occurring during the term of this Agreement unless such event was caused by the sole negligence or willful misconduct of the JPA, its officers, employees, or agents.
14.4. If P&SVRR knows, or has reasonable cause to believe, that any Hazardous Materials have come to be located under or about the License Property or Railroad Facilities, other than as specifically provided herein or as previously consented to in writing by the JPA, P&SVRR will immediately give the JPA written notice thereof, together with a copy of any statement, report, notice, registration, application, permit, business plan, license, claim, action, or proceeding given to or received from any governmental authority or private party concerring the presence, spill, release, discharge of, or exposure to, such ftrazardous Materials,
14,5. This Section 14 will continue in full force and effect regardless of whether this Agreement is terrninated pursuant to any other provision or the License Property and Railroad Facilities are abandoned and vacated by P&SVRR. 'Waivers. The failure of either party hereto to enforce any of the provisions of this Agreement, or to enforce any right or option which is herein provided, will in no way be construed to be a waiver of suoh provision(s) as to the future, nor in any way to affect the validity of this Agreement or any part hereo{ or the right of either party to thereafter enforce each and every such provision and to exercise any such right or option. No waiver of any breach of this Agreement will be held to be a waiver of any other or subsequent breach.
Consent. Unless expressly provided to the contrary elsewhere in this Agreement, whenever the consent, approval, judgment, or determination (collectively, "consent") of a party is required or permitted under this Agreement, the consenting party will exercise good faith and reasonable judgment in granting or withholding such consent. No party may unreasonably withhold or delay its consent; consent will be deemed to have been withheld if a pafi fails to consent to the other party within 30 days of having been given written notice of the other party's intention to take any action as to which consent is required or permitted
Entire Agreement. This document, and the exhibits attached hereto, constitute the entire agreement between the part'ies, all oral agreements being merged herein, and supersedes all prior representations, agreements, arrangements, understandings, or undertakings, whether oral or written, between or among the parties relating to the subject matter of this Agreement that are not fully expressed herein.
15. t6
t7
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P&SVRR License Agreement
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01/23/2024 Item No.10.
Modification to Agreement. The provisions of this Agreement may be modified at any time by agreement of the parties hereto, provided such modification is in writing and signed by all parties to this Agreement. Any agreement made after the date of this Agreement and related to the subject matter contained herein will be ineffective to modify this Agteement in any respect unless in writing and signed.
No Assignment Absent Consent. P&SVRR will not assigrr this Agreement, in whole or in part, or any rights herein granted, without the JPA's prior written consent, which may be granted or withheld in its sole and absolute discretion.
Successors and Assigns. Subject to the provisions of Section 19, this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns.
2I. Venue and Choice of Law
21.1. Any and all disputes, conkoversies, or claims arising out of, relating to, or in connection with this Agreement will be instituted and maintained in a competent court in Sacramento or El Dorado County, Caiifornia and the parties hereby consent to the jurisdiction of any such court and to service of process by any means authorized under California law.
20. 18.
t9
22. 21.2. This Agreement will be governed, construed, and enforced in accordance with the laws of the State of Califomia, without reference to its conflicts of laws provisions. The prevailing party in any claim or action arising out ofor connected with this Agreement will be entitled to recover all reasonable attomeys' fees and related costs, in addition to any other relief that may be awarded by any court or other tribunal of competent jurisdiction.
Acts of God and Other Disruptions of Service. Neither party will be deemed to be in default of this Agreement if any failure to meet any condition or to perfonn any obligation or provision hereof is caused by, a result of or due to strikes, insunections, acts of God, or any other causes beyond the party's control; provided, however, that performance will onlybe excused for as long as the disruption persists.
23. Miscellaneous
23.r. In the event that any of the provisions of this Agteement are held by a court or other tribunal of competent jurisdiction to be invalid or unenforceable, the remaining portions hereof will remain in full force and effect and any invalid or unenforceable provisions will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provisions valid and enforceable. Without limiting the generality of the foregoing, if the requirement in Section 4.1.4 that P&SVRR comply with applicable bridge safety management program regulations (under Public Law Il0-432, Section 4I7) is held to be a non-delegable duty of the JPA, the JPA may, at its option, (i) undertake this obligation and charge P&SVRR for the cost thereof, or (ii) terminate this Agreement.
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01/23/2024 Item No.10.
23.2. Each party has participated in negotiating and drafting this Agroement so if an alnbiguity or a question of intent or interpretation arises, this Agreement is to be construed as if the parties had drafted it jointly, as opposed to being consffued against a party because it was responsible for drafting one or more provisions of this Agreement.
23.3. Each party acknowledges that the officer executing this Agreernent has the authority to €nter into this Agreement on behalf of the party and in so doing is authorized to bind the parly on whose behalf he is siguing, to the terms and conditions of this Agreement.
23.4. This Agreement may be executed in one or more counterparts and by facsimile signature, each of which will be deemed an original, but all of which together constitute one and the same instrument.
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01/23/2024 Item No.10.
In witness whereof, the parties hereto have caused this Agreement to be executed as of the date first herein written.
SACRA]\4ENTO -PLACERVILLE
TRANSPORTATION JOINT POWERS
AUTHORITY, a joint powers agency
Mark cEo
Approved as to legal form:
Paul Chrisman,
Legal Counsel
PLACERVILLE & SACRAIVIENTO
VALLEY RAILROAD,INC.,
a Califomia nonprofit public benefit
tm Harville, President
Qlc
"r,rfu#- nodnlil+net; Secretary
4/er ft/,fle_
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P&SVRR License Agreament
19
01/23/2024 Item No.10.
LICENSE AGREEMENT
FOR
EXCURSION RAIL OPERATIONS
EXHIBIT A
P&SVRR Opcratlns Plan for term of asrcemcnt (JJnuarv 2018 throush Jrnurrv 2023t Definitions:
'Light! Equip{nent' is defined as vehicles not restricted by weight from the right-of-way in its current condition. This includes the Weyerhauser' Skagit'. 'Motorcarso are defined as small lightweight former maintenance-of-way vehicles with up to 6 seats, usually owned by private individuals (aka -'oSpeeders") lHcaw Eouioment' is defined as standard railroad equipment, including but not limited to locomotives, passenger and freight cars (either converted to passenger cani or for maintenance of way).
Abbreviations:
[.ocation Abbreviation Milepost
Folsom Junction/Wye FJ lll.2
East Bidwell Street Xing EB 113.7
Willow Springs Station WS 1t3.7
Oak Ave Parlavay Xing OP 114.4
kon Point Road Xing IP 116.0
Hampton Station HS t16.4
White Rock Road Xing WR 118.0
County Line CL r19.4
Wetzel-Oviate Spur wo t20.4
Deer Creek Xing DC r22.5
Latrobe Road Xing LR 126.1
Latrobe Whistestop LW 126.4
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P&SVRR License Agreement
From
Mileoost
To
Milepost
Approved OperationsSegment
No.
113.7 (EB) Non-revenue equiDment moves onlyI 111.2 GJ)
114.3 (OA) Revenue ooerations (special events onlv. all equip.)2 113.7 GB) Non-revenue equipment moves only3 114.4 (OA) 116.4 ffiS) 119.4 (CL) Revenue operations (all equipment allowed)4 116.4 (HS) 5 119.4 (CL) 126.4 (LW) Special Events only subject to written approval from El Dorado CounW; light equipment/motorcars only.
20
01/23/2024 Item No.10.
Operating Schedule:
Typical revenue operations will occur every other weekend between Hampton Station (MP 116.4) and County Line (MP 119.4).
Special event revenue service will occur on the segment between East Bidwell Steet (MP 113.7) and Oak Avenue Parkway (MP 114.4) prior to major holidays (Halloween, Christmas). Other planned special events include the Annual Handcar Derby (MPl l4.4 to MPI16.0), Latrobe Octoberfest (MP126.4), Railfest (MP116.4 to MPl19.4) and various dinner and beverage service events, field trips.
Capital Improvements:
P&SVRR intends to complete the following capital improvement projects as a part of their 5- year Operating Plan:
Constmct service/storage facility south of White Rock Road Construct Hampton Station to City of Folsom standards
The following capital improvernents may also be performed by P&SVRR if and only if they are authorized by the El Dorado Cor:nty Board of Supervisors at any point during the term of this license agreement:
r Upgrade track and bridges to Class I standard between County Line and Iatrobe o Repair Shingle Lime Mine Gap
o Construct Iatrobe Station to El Dorado County standards r Install crossing gates, signs and markings at Latrobe Road crossing I r/5/l8A
P&SVRR License Ageement
a
a
a
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01/23/2024 Item No.10.
LICENSE AGREEMENT
FOR
EXCURSION RAIL OPERATIONS
E)CIIBIT B
Oneretins Gosls
Based on the P&SVRR Operating Plan as set forth in Exhibit A, the following Excursion Service operational expectations are defined.
l. Annually, P&SVRR will submit a report to the SPTC JPA Board summarizing the target goals and actual numbers achieved for the following performance measures:
a. Ridership
b. Revenue
c. Capital improvement progrcss
d. l\4aintenance progress
2. IPA intends to issue a Request for Proposals (RFP) for a third-party track inspection, which will generate a Corrective Action Plan to prioritize and guide track maintenance; P&SVRR agrees to incorporate the Corrective Action Plan into their maintenance schedule.
3. At the beginning of the term of agreement, P&SVRR agrees to provide JPA staffwith a copy of the General Code of Operating Rules (GCOR) that they intend to follow for the term of the agreement.
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01/23/2024 Item No.10.
Folsom City Council
Staff Re ort
RECOMMENDATION / CITY COUNCIL ACTION
Staff recommends that the City Council consider and approve the attached reply to Scott Rafferty (Attachment 1) providing an unconditional commitment to continue to comply with the Brown Act.
BACKGROUND / ISSUE
On January 10,2024, the City received a cease and desist letter from Scott Rafferty (Attachment 2) allegingthe following violations of the Brown Act on December 12,2022r
1. The failure to make available all non-exempt documents relating to council districts that were distributed to the council in advance of its Decembet 12,2023 meeting;
2. The failure to permit the public to inspect the Agenda Packet and leaflet during the meeting; and
3. The receipt of special-interest communications during the meeting without contemporaneous disclosure to the public, including the identification of the individuals directing the Council's actions.
t While Mr. Rafferfy's letter specified December 12,2022, it is assumed that he made a mistake on the date.
The date of the City Council meeting pertinent to his letter should be the meeting on Decemb et 12, 2023 . 1 MEETING DATE: 1t2312024
AGENDA SECTION: New Business
SUBJECT: Consideration of Letter in Response to Demand Letter Received from Scott Rafferty Regarding Alleged Non-Compliance with the Brown Act
FROM: City Attorney's Office
01/23/2024 Item No.11.
Although staff disagrees with the alleged non-compliance, the Brown Act provides a process for issues such as these to be resolved without further legal action. To that end, the Brown Act provides a prescribed form letter that the City Council may consider approving and sending in response to Mr. Rafferty's correspondence.
POLICY / RULE
The Brown Act provides that a response to the cease and desist letter shall be in substantially the form provided in Government Code section 54960.2(c)(1). The fact that the City Council provides an unconditional commitment shall not be construed or admissible as evidence of violation of the Brown Act. Government Code section 54960.2(c)(4).
ANALYSIS
Government Code section 54960.2 allows any interested person to submit a "cease and desist" letter to the City as a prerequisite to filing a lawsuit over alleged past non-compliance with the Brown Act. Pursuant to Section 54960.2@), the City Council may respond to the "cease and desist" letter within thirty (30) days by providing an "unconditional commitment" not to repeat any or all of the actions challenged. By law, an "unconditional commitment" does not constitute admission of a violation, but it does bar a potential plaintiff from pursuing litigation and collecting attorneys' fees with respect to past non-compliance related to the specific action the City has "unconditionally committed" not to repeat.
The City Council's reply must be approved in open session as a separate item of business, not 1rnder the "Consent" portion of the agenda, and in substantially the form as prescribed by the Brown Act. Once approved, the Brown Act prohibits legal action by the potential plaintiff; however, if such an action is nonetheless filed, the court is required to dismiss the lawsuit with prejudice if it finds that the City Council has provided an unconditional commitment pursuant to the Brown Act.
IMPACT
There is no legal expense associated with this item as the City Council has always complied with the Brown Act. In addition, providing the attached reply may reduce the chance of litigation and any associated legal costs.
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 is otherwise not considered a project as defined by Public Resources Code g21065 and CEQA Guidelines $15060(c)(3) and $15378. The City Council's consideration of a reply to the Brown Act cease and desist letter meets the above criteria and is not subject to CEQA. No environmental review is required. 2 Page 150
01/23/2024 Item No.11.
ATTACHMENTS
l. Proposed reply from the City Council
2. Cease and desist letter dated January 10,2024
Respectfully submitted,
Steven W*g, City Attorney
aJ Page 151
01/23/2024 Item No.11.
Attachment l-
01/23/2024 Item No.11.
January 24,2024
Scott J. Rafferty
1913 Whitecliff Court
Walnut Creek, CA94596
Re: Brown Act Cease and Desist Letter
To Mr. Rafferty:
The Folsom City Council has received your cease-and-desist letter dated January 10,2024, alleging that the following described past action of the legislative body violates the Ralph M Brown Act:
1. The failure to make available all non-exempt documents relating to council districts that were distributed to the council in advance of its Decembet 12,2023 meeting;
2. The failure to permit the public to inspect the Agenda Packet and leaflet during the meeting; and
3. The receipt of special-interest communications during the meeting without contemporaneous disclosure to the public, including the identification of the individuals directing the Council's actions.
While the Folsom City Council strongly disputes and denies those allegations, in order to avoid gnnecessary litigation and without admitting any violation of the Ralph M. Brown Act, the Folsom City Council hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described above.
The Folsom City Council may rescind this commitment only by a majority vote of its membership taken in open session at a regular meeting and noticed on its posted agenda as ooRescission of Brown Act Commitment." You will be provided with written notice, sent by any
01/23/2024 Item No.11.
means or media you provide in response to this message, to whatever address or addresses you specif, of any intention to consider rescinding this commitment at least 30 days before any such regular meeting. In the event that this commitment is rescinded, you will have the right to conrmence legal action pursuant to subdivision (a) of Section 54960 of the Government Code.
That notice will be delivered to you by the same means as this commitment or may be mailed to an address that you have designated in writing.
Very truly yours,
Michael D. Kozlowski, Mayor
2
01/23/2024 Item No.11.
Attach ment 2
01/23/2024 Item No.11.
SCO|n|f'J. FIAFFEFT|f' T
Arn1DOFLN-Ea- AT LAa\r
1918 \fflrrrftof,JEF c()ttFur (2od3)-aao-6{'26
aa.AljbfirI'cREEr(c.dt)4596 @.coM
January 10,2024
Ms. Christa Freemantle
Clerk, City of Folsom
50 E. Natoma Street
Folsom CA 95630
by electronic and postal mail
Dear Ms. Freemantle:
Mayor Rodriguez convened the regular meeting of the Folsom City Council on December 12,2022, after I protested to the City Attorney that the agenda packet which had been distributed to a majority of the council, was not available for inspection.
Actions taken at this meeting will have dramatic, iong-term effects on the safety of Folsom residents, the integrity of its social services, and the confidence of its Jewish residents in the impartiality of the incumbent council members.
Had the packet been available as required by law, the public could have instructed the council against transferring reserves needed to protect public safety and social services into an infrastructure fund that benefits special interests (item 17)' The full import of this agenda item became apparent only after it was no longer possible to register for comment.
The agenda description for item 5 does not indicate that it has anything to do with Israel or Gaza. Had the public had access to the wording of the related resolutiory they could have added balance to offensive and anti-semitic comments of one speaker.
While the remaining speakers demonstrated respect and sensitivity, Mr. Rias Mohamed claimed that Isreal "openly stated that they are conducting genocide'" (25:10) He misclraracterizedthe resolution as calling for a cease fire. His final words attacked the creation of the State of Israel as "Original Sin."1 (25:26) Mayor Rodriguez broke faith with the Jewish community and their many supporters when she failed to call this speaker out, instead thanking him. (25:30). The resolution did not call for a cease fire; r "Forcibly displacing and murdering Palestinian citizens to establish a state on toP of an existing state is the Original Sin." 25:39. It is factually inaccurate to claim that Israel was created "on top of an existing state."
01/23/2024 Item No.11.
Rafferty to Freemantle, Brown Act Demand Letter, February 15,2022, page 2 Israel has not openly stated that they are conducting genocide; and to equate the creation of the State of Israel with Original Sin is offensive to all people of faith.
Prior to the meeting, an individual appeared to be distributing an additional campaign leaflet "Folsom Takes Actior;" which Mr. Kozlowski later promoted in connection with a ballot question promoted by some of the same special interests who demanded that the City draw down its reserves. Mr. Kozlowski admitted: "This was passed to us on the dais while we were talking." (1:33:54). Had the leaflet been disclosed, members of the public would have had the information necessary during the public comment period to protest the unlawful promotion of this pro-development ballot questiory to wam against Mr. Kozlowski's impending violation of council neutrality, and to oppose his appointment as mayor.2 Even when the impropriety of this communication was brought to Mayor Kozlowski's attention" he defiantly announced: "Please feel free to join me on Monday for trivia at the Red Bus," adding that he was "always at" this bar. (1,:34:27). The people of Folsom deserve a mayor who can conduct the people's business without relying on secret communications from special interests.
The violationb of the Brown Act include:
1. The failure to make available all non-exempt documents relating to council districts that were distributed to the council in advance of its December 12,2023 meeting.
2. The failure to permit the public to inspect the Agenda Packet and leaflet during the meeting.
3. The receipt of special-interest communications during the meeting without contemporaneous disclosure to the public, including the identification of the individuals directing the Council's actions. This is, of course, redolent of the anonymous cellphone communications that you read into the record in2022.
This letter constitutes a demand specified by Section 5a960.2(a)(L) that the City of Folsom cease and desist from violations of the Brown Act committed in connection with the regular meeting of the Council held on December 12,2022. This letter also satisfies the requirement of Section 54960.2 and enables my clients to file an additional action to determine that the actions specified herein were taken in violation of the Brown Act. To the extent set forth herein" the City of Folsom may resPond to the cease and desist demand by making an unconditional commitment to cease and desist from 'Only one speaker addressed item 14 (1:40).
01/23/2024 Item No.11.
Rafferty to Freemantle, Brown Act Demand Letter, February 15,2022, page 3 the challenged practices. This letter further constitutes a demand, pursuant to 54960.1,(b) that the Council cure and correct the violation by annulling each action taken at this meeting.
We have already demanded that the Council cease and desist from failing to provide the agenda packet and from its receipt of special-interest communications during the meeting.3 We reserve the right to seek immediate enforcement of the previous Council commitments.
As the City Attorney indicated, Mayor Kozlowski's defiant promotion of a special-interest ballot measure violates additional laws. The City should immediately disciose the source of this leaflet and identify the individual who unlawfully distributed it to the dais. This letter constitutes a public records request for all communications to and from Mr. Kozlowski regarding the Red Bus event and the ballot question it promoted.
Thank you for your prompt attention to these matters.
Sincerely,
/ertr n'g'Y
Scott J. Rafferty
3 "This letter also demands that the City cease and desist from failing to make Brown Act documents available to the public at the meeting, which includes posting them in the case of a teleconferenced meeting and making them available on paper in the council chambers." Rafferty to Freemantle u2012022.
01/23/2024 Item No.11.
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01/23/2024 Item No.11.
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01/23/2024 Item No.11.