1 Agenda
City Council Regular Meeting
Folsom City Hall | City Council Chambers, First Floor
50 Natoma Street, Folsom, CA 95630
January 14, 2025, 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 14, 2025 6:30 PM
Sarah Aquino, Mayor
Mike Kozlowski, Councilmember Barbara Leary, Councilmember Justin Raithel, Vice Mayor Anna Rohrbough, Councilmember
AGENDA
CALL TO ORDER
ROLL CALL:
Councilmembers: Kozlowski, Leary, Raithel, Rohrbough, Aquino The City Council has adopted a policy that no new item will begin after 10:30 p.m. Therefore, if you are here for an item that has not been heard by 10:30 p.m., you may leave, as the item will be continued to a future Council meeting.
PLEDGE OF ALLEGIANCE
AGENDA UPDATE
BUSINESS FROM THE FLOOR:
Members of the public are entitled to address the City Council concerning any item within 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.
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.
1. Approval of December 9, 2024 Special Meeting Minutes
2. Approval of December 10, 2024 12PM City Council Special Meeting Minutes
3. Approval of December 10, 2024 Special, Regular and Joint Meeting Minutes
4. Approval of December 16, 2024 Special Meeting Minutes
3 5. Resolution No. 11312- A Resolution Authorizing the City Manager to Amend the 2024 Contract Between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) for Shelter Services
6. Resolution No. 11313 - A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2024-25 to the Sacramento Area Council of Governments
7. Resolution No. 11314 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Williams Scotsman, Inc. for the Lease of the Modular Building Occupied by the Waste and Recycling Division
8. Resolution No. 11315 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting for the District 4 Sidewalk Offset Repair Project
9. Resolution No. 11316 – A Resolution Authorizing the City Manager to Execute an Agreement with Schaefer Plastics North America, LLC. for the Purchase of Residential Solid Waste Containers
10. Resolution No. 11317 - A Resolution Approving a License Agreement Between the Sacramento- Placerville Transportation Corridor Joint Powers Authority and the Placerville and Sacramento Valley Railroad, Inc. for Excursion Rail Operations
11. Resolution No. 11321- A Resolution Initiating Proceedings for the Formation of a Landscaping and Lighting Assessment District to be known as the Natoma Station Maintenance Assessment District No. 2025-1
PUBLIC HEARING:
12. Alder Creek West Large Lot Tentative Subdivision Map Project – Vicinity of White Rock Road and Oak Avenue Parkway in the Folsom Plan Area (SUBPM24-00233) i. Resolution No. 11318 - A Resolution Determining that the Alder Creek West Large Lot Tentative Subdivision Map Project is Exempt from CEQA and Approving Said Large Lot Tentative Subdivision Map
NEW BUSINESS:
13. Resolution No. 11320- A Resolution of the City Council Appointing Bryan Whitemyer as City Manager and Approving an Employment Agreement for Said Appointment
14. Resolution No. 11319- A Resolution Receiving Report from the Community Development Department on the Approval of a Parcel Map Waiver for the Sendero Residential Condominium Project
15. At-Large Appointments to the Arts and Culture Commission, Historic District Commission, Landscaping and Lighting District Advisory Committee, Library Commission, Parks and Recreation Commission, Planning Commission, Traffic Safety Committee, and Utility Commission
16. Consideration of Draft City Council Travel Policy and Direction to Staff
17. Appointment of City Council Representatives to Regional Boards/Commissions
4 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 th at 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 procedur e described above. Please limit your comments to three minutes or less.
NOTICE REGARDING CHALLENGES TO DECISIONS: Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the City at, or prior to, the public hearing.
As presiding officer, the Mayor has the authority to preserve order at all City Council meetings, to remove or cause the removal of any person from any such meeting for disorderly conduct, or for making personal, impertinent, or slanderous remarks , using profanity, or becoming boisterous, threatening or personally abusive while addressing said Council, and to enforce the rules of the Council.
PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGENDA SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.
This meeting of the City Council is recorded with closed captioning. The recording will be cablecast on Metro Cable Channel 14, the local government affairs channel on the Comcast and DirecTV U -Verse cable system, and will be shown in its entirety on the Friday and Saturday following the meeting, both at 9 a.m. The recording will also be video streamed at metro14live.saccounty.gov.The City does not control scheduling of this telecast and persons interested in watching the televised meeting should co nfirm this schedule with Metro Cable TV, Channel 14. The City of Folsom provides live and archived webcasts of regular City Council 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 av ailable at the City Clerk’s Counter at City Hall located at 50 Natoma Street, Folsom, California and at the Folsom Public Library located at 411 Stafford Street, Folsom, California during normal business hours.
File 034-21 24-001
Folsom City Council Minutes
December 9,2024
Gity Gouncil Special Meeting
MINUTES
Monday, December 9,2024 5:30 PM
CALL ORDER
The special City Council meeting was called to order at 5:30 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-Elect
Present: Barbara Leary, Councilmember-Elect
Justin Raithel, Councilmember-Elect
Councilmembers Absent: None
PLEDGE OF LLEGIANCE
The pledge of allegiance was recited
NEW BUSINESS:
1 . Resolution No. 1 1306 - A Resolution Reciting the Fact of the General Municipal Election Held on November 5,2024 and Declaring the Result
Motion by Vice Mayor Aquino, second by Gouncilmember Chalamcherla, to approve Resolution No. 11306. Motion passed by the following roll-callvote:
AYES: Aquino, Chalamcherla, Rodriguez, Rohrbough, Kozlowski NOES: None
ABSENT: None
ABSTAIN: None
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December 9,2024
SCHEDULED SENTATIONS:
2. Resolution of Commendation Honoring Rosario Rodriguez for Her Distinguished Service on the City Council
Mayor Mike Kozlowski presented the resolution to Councilmember Rodriguez.
3. Resolution of Commendation Honoring YK Chalamcherla for His Distinguished Service on the City Council
Mayor Mike Kozlowski presented the resolution to Councilmember Chalamcherla.
SWEARING IN OF COUNGILMEMBERS:
4. Newly-Elected Councilmembers Barbara Leary (District 4) and Justin Raithel (District 2) Take the Oath of Office
City Clerk Christa Freemantle administered the oath of office to the newly elected Councilmembers Barbara Leary and Justin Raithel.
ELEGTIONS:
5. Selection of Mayor and Vice Mayor
City Clerk Christa Freemantle tabulated the ballots for the Mayor and Vice Mayor and read the results as follows:
Mayor- Sarah Aquino
Vice Mayor- Justin Raithel
COUNCIL COMMENTS
Vice Mayor Raithelthanked the voters of Folsom.
Councilmember Leary thanked the residents of Folsom and spoke about former Mayor Glenn Fait's influence on her public service.
Councilmember Rohrbough thanked City Manager Elaine Andersen for her service. She also spoke about the city starting a new chapter by welcoming and working with the new City Manager and City Councilmembers.
Councilmember Kozlowski thanked everyone for the past year as mayor.
Mayor Aquino thanked former Councilmembers Rosario Rodriguez and YK Chalamcherla for their service over the past four years. She also thanked Councilmember Mike Kozlowski for his leadership over the past year and welcomed the new councilmembers. Also, she wished the Public Works Director Mark Rackovan a Happy BirthdaY.
City Manager Elaine Andersen thanked former Councilmembers YK Chalamcherla and Rosario Rodriguez for their service.
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December 9,2024
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 6:01pm.
SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST:
Michael Kozlowski, Mayor
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CITY OF
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FOLS(}l\fl
01/14/2025 Item No.1.
File 034-21 24-001
Folsom City Council Minutes
December 10,2024
Gity Council Special Meeting
MINUTES
Tuesday, December 10,202412:00 PM
CALL TO ORDER
The special City Council meeting was called to order at 12:00 pm with Mayor Aquino presiding ROLL CALL:
Councilmembers Present: Sarah Aquino, Mayor
Michael Kozlowski, Councilmember
Barbara Leary, Councilmember
Justin Raithel, Vice Mayor
CouncilmembersAbsent: Anna Rohrbough, Councilmember
ADJOURNMENT CLOSED SESSION FOR THE FOLLOWING PURPOSES:
1. Public Employee Appointment - Recruitment to Fill the Position of City Manager Following Retirement Announcement of Current City Manager Pursuant to Government Code section 54957(bX1 )
Motion by Councilmember Kozlowski, second by Mayor Aquino to adjourn to closed session. Motion passed by the following roll-call vote:
AYES: Aquino, Kozlowski, Leary, Raithel,
NOES: None
ABSENT: Rohrbough
ABSTAIN: None
Councilmember Rohrbough arrived during closed session
RECONVENE
City Attorney Steven Wang announced that no final action was taken during closed session Draft Not Officiol I.Jntil Approved by the City Council Poge 1
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Folsom City Council Minutes
December 10,2024
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 3:42 pm.
SUBMITTED BY:
Christa Freemantle, City Clerk
ATTEST:
Sarah Aquino, Mayor
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01/14/2025 Item No.2.
File 034-2124-001
Folsom City Council Minutes
December 10,2024
Gity Gouncil Special Meeting
MINUTES
Tuesday, December 10,2024 5:30 PM
CALL TO ORDER
The special City Council meeting was called to order at 5:30 pm with Mayor Aquino presiding ROLL CALL:
Councilmembers Present: Sarah Aquino, Mayor
Barbara Leary, Councilmember
Justin Raithel, Vice Mayor
Anna Rohrbough, Councilmember
Councilmembers Absent: Michael Kozlowski, Councilmember ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:
1. Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6. Agency Negotiator: Vance Piggott. Employee Organization: Folsom Police Officers'Association Motion by Councilmember Leary, second by Vice Mayor Raithel to adjourn to closed session. Motion passed by the following roll-call vote:
AYES: Aquino, Leary, Raithel, Rohrbough
NOES: None
ABSENT: Kozlowski
ABSTAIN: None
Councilmember Kozlowski arrived during closed session
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December 10,2024
RECONVENE
City Attorney Steven Wang announced that no final action was taken during closed session
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 6:41 pm.
SUBMITTED BY
Christa Freemantle, City Clerk
ATTEST
Sarah Aquino, Mayor
Draft Not Official Until Approved by the City Council Poge 2
01/14/2025 Item No.3.
File 034-21 24-001
Folsom City Council Minutes
December 10,2024
Gity Council Regular and Joint Gity Council/ Folsom Redevelopment Successor Agency/ Folsom Public Financing Authority/ Folsom Ranch Financing Authority/ South of 50 Parking Authority Meeting
MINUTES
Tuesday, December 10,2024 6:30 PM
CALL TO ORDER
The City Council meeting was called to order a|6.41 pm with Mayor Aquino presiding ROLL GALL:
Councilmembers Present Sarah Aquino, Mayor
Michael Kozlowski, Councilmember
Barbara Leary, Councilmember
Justin Raithel, Vice Mayor
Anna Rohrbough, Councilmember
Councilmembers Absent: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
BUSINESS FROM THE FLOOR:
The following speaker addressed the City Council
Eileen Chandler
AGENDA UPDATE
City Attorney Steven Wang advised that additional information was provided regarding item 15
SCHEDULED P ESENTATIONS
1. Resolution of Commendation for City Manager Elaine Andersen on the Occasion of Her Retirement
Mayor Sarah Aquino presented the Resolution of Commendation. The following speakers addressed the City Council:
Karen Holmes
Martha Lofgren
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December 10,2024
Ryan Andersen
Paige Andersen
2. City Manager's Fiscal Year 2Q23-24 Fourlh Quarter and Fiscal Year 2024-25 First Quarter Financial Reports
Chief Financial Officer Stacey Tamagni made a presentation and responded to questions from the City Council.
CONSENT LENDAR:
Items appearing on the Consent Calendar are considered routine and may be approved by one motion Councilmembers may pull an item for discussion.
3. Approval of November 7,2024 City Council Special Meeting Minutes
4. Approval of November 12,2024 City Council Special Meeting Minutes
5. Approval of November 12,2024 City Council Special and Regular Meeting Minutes
6. Approval of November 22,2024 City Council Special Meeting Minutes 7 . Receive and File SB-165 Annual Reports for Gommunity Facilities Districts No. 13, No. 14, No. 2013-1, No. 16, No. 17, No. 18, No. 19, No. 20, No. 21, No. 22, and No. 23 to Comply with the Local Agency Special Tax Bond and Accountability Act
8. Resolution No.11297 - A Resolution Accepting the Fiscal Year 2Q24-25 Sacramento Metropolitan Cable Television Commission (SMCTC) Public, Educational, and Governmental (PEG) Fee Funding and Appropriation of Funds
9. Resolution No. 1 1298- A Resolution Accepting both Fiscal Year 2023-24 Growth Funding and lnitial Funding for Fiscal Year 2024-25, Cilizen's Option for Public Safety (COPS) Grants for the Purchase of Technology, Recruiting/Promotion Services and Equipment to lmprove Police Operations in Accordance with State Requirements and Appropriation of Funds
10. Resolution No. 11299- A Resolution Authorizing the City Manager to Execute a Ceftification Form for the Folsom Fire Department to Participate in a Medi-Cal lntergovernmental Transfer (lGT) Program with the Department of Health Care Services (DHCS) for Reimbursement of PP- GEMT IGT Services for the Service Period of January 1, 2025, through December 31,2025, and Make Transfers Not to Exceed $410,800 and Appropriation of Funds 1 1 . Resolution No. 1 1301 - A Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement (Contract No. 046-21 23-018) with Lhoist North America of Arizona, lnc. for the Supply of Hydrated Lime for the Water Treatment Plant
12. Resolution No. 11302- A Resolution Authorizing the City Manager to Execute Amendment No. 7 to the Agreement (Contract No. 174-21-13-052) with Superion, LLC (now known as Centralsquare Technologies) to lntegrate Timekeeping Software with Ultimate Kronos Group (uKG)
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December 10,2024
'13. Resolution No. 1 1303 - A Resolution Authorizing the City Manager to Execute Amendment No. 3 to the Agreement (Contract No. 173-21 14-092) with Water Works Engineers, LLC for Fixed Network and Water Consumption Database As-Needed Support
14. Resolution No. 11307 - A Resolution Ratifying the Additional Expenditures for the Folsom Zoo Sanctuary Perimeter Fence Project
'15. pulled for discussion
16. Resolution No. 11310- A Resolution Authorizing the City Manager to Execute a Cooperative Service Agreement with the United States Department of Agriculture Animal and Plant Health I nspection Service Wildlife Services
'17. Resolution No. 11311 - A Resolution Accepting the A81600 Development Fees Annual Report for the Fiscal Year ended June 30,2024
Motion by Councilmember Kozlowski, second by Gouncilmember Leary to approve Gonsent Cafendar items 3-14 and 16 - 17. Motion passed by the following roll-call vote:
AYES: Kozlowski, Leary, Raithel, Rohrbough, Aquino
NOES: None
ABSENT: None
ABSTAIN: None
CONSENT CALENDAR ITEM PULLED FOR DISCUSSION
15. Resolution No. 1 1309- A Resolution of the City Council of the City of Folsom Authorizing the City Manager to Execute a Development lmpact Fee Deferral Agreement with Vintage at Folsom, LP Speaker Joanne Brausch pulled this item to ask about the impacts of fee deferrals; Community Development Director Pam Johns responded.
Motion by Vice Mayor Raithel, second by Councilmember Kozlowskito approve Resolution No. 11309. Motion passed by the following roll-call vote:
AYES: Kozlowski, Leary, Raithel, Rohrbough, Aquino
NOES: None
ABSENT: None
ABSTAIN: None
PUBLIG HEARING:
18. Sacramento County Transportation Fee Program Update i. Resolution No. 1 1304- A Resolution Adopting the Measure A Sacramento Countywide Transportation Mitigation Fee Program 2024 Nexus Study Update Report ii. Resolution No. 1 1305- A Resolution Authorizing the City Manager to Execute the Amended (August 2024) Agreement on Operating Protocols between the City of Folsom and the Sacramento Transportation Authority related to the Sacramento Countywide Transportation Mitigation Fee Program
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01/14/2025 Item No.3.
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Folsom City Council Minutes
December 10,2024
Engineering Manager Ryan Chance made a presentation and responded to questions from the City Council.
Mayor Aquino opened the public hearing at 7:50 pm and the following speaker addressed the City Council:
Robert Holderness
Hearing no further speakers, the public hearing was closed at 7:51 pm.
Motion by Vice Mayor Raithel, second by Gouncilmember Kozlowski to approve Resolution No. 11304. Motion passed by the following roll-callvote:
AYES: Kozlowski, Leary, Raithel, Rohrbough, Aquino
NOES: None
ABSENT: None
ABSTAIN: None
Motion by Vice Mayor Raithel, second by Gouncilmember Leary to approve Resolution No. 11305. Motion passed by the following roll-call vote:
AYES: Kozlowski, Leary, Raithel, Rohrbough, Aquino
NOES: None
ABSENT: None
ABSTAIN: None
19. Hillsborough Area 40 Large-Lot Subdivision Map - Vicinity of Prairie City Road and Mangini Parkway in the Folsom Plan Area (SUBPM22-00159)
i. Resolution No. 1 1308 - A Resolution to Adopt an Addendum to the Folsom Plan Area Specific Plan EIR/ElS and Approve a Large-Lot Tentative Subdivision Map for the Hillsborough Area 40 Large-Lot Subdivision Map Project
Principal Planner Jessica Brandt made a presentation and responded to questions from the City Council.
Mayor Aquino opened the public hearing at812 pm and the following speaker addressed the City Council:
Roy Brewer, representing Easton Development Company
Hearing no further speakers, the public hearing was closed at 8:13 pm.
Motion by Gouncilmember Kozlowski, second by Councilmember Leary to approve Resolution No. 11308, with the addition of the December 10,2024 date on COA#15 and the addition of COA#29 requiring that, prior to the approval of the Large Lot Final Map, a public information meeting shall be scheduled and noticed to provide a progress update related to the completion of remediation of this Area 40. Motion passed by the following roll-call vote:
AYES: Kozlowski, Leary, Raithel, Rohrbough, Aquino
NOES: None
ABSENT: None
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December 10,2024
ABSTAIN: None
CONVENE JOINT MEETING
JOINT MEETING CONSENT CALENDAR:
20. Receive and File the City of Folsom, the Folsom Redevelopment Successor Agency, the Folsom Public Financing Authority, the Folsom Ranch Financing Authority, and the South of 50 Parking Authority Monthly lnvestment Reports for the Month of September 2Q24 Motion by Vice Mayor Raithel, second by Councilmember Leary to approve the Consent Calendar. Motion passed by the following roll-call vote:
AYES: Kozlowski, Leary, Raithel, Rohrbough, Aquino
NOES: None
ABSENT: None
ABSTAIN: None
ADJOU NMENT
The specialjoint meeting was adjourned back to the regular meeting at 8:14 pm
RECONVENE CITY COUNCIL MEETING
CITY MANAGER REPORTS
City Manager Elaine Andersen introduced lnterim City Manager Dan Havery and spoke of upcoming events including the zoo holiday lights event, Santa's Sleigh program, skate park event, and the holiday lights contest.
COUNCIL OMMENTS
Councilmember Leary thanked staff. Councilmember Rohrbough asked for an update about Kids Play Park. Vice Mayor Raithel noted he was looking fonrvard to the coming year. Councilmember Kozlowski spoke of the tree lighting event and the California lnternational Marathon, and Mayor Aquino spoke of the upcoming Metro Chamber Cap-to-Cap trip.
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 8:21 pm.
SUBMITTED BY:
Draft Not Official lJntil Approved by the City Council
Christa Freemantle, City Clerk
Poge 5
01/14/2025 Item No.3.
ATTEST
Sarah Aquino, Mayor
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Folsom City Council Minutes
December 10,2024
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Folsom City Council Minutes
December 16,2024
City Gouncil Special Meeting
MINUTES
Tuesday, December 16,2024 2:00 PM
CALL TO ORDER
The special City Council meeting was called to order al200 pm with Mayor Aquino presiding ROLL CALL:
Councilmembers Present: Sarah Aquino, Mayor
Barbara Leary, Councilmember
Anna Rohrbough, Councilmember
CouncilmembersAbsent: Michael Kozlowski, Councilmember
Justin Raithel, Vice MaYor
ADJOU MENT TO CLOSE SESSION FOR T E FOLLOWING PURPOSES:
1. public Employee Appointment - Recruitment to Fill the Position of City Manager Following Retirement Announcement of Current City Manager Pursuant to Government Code section 54e57(bX1)
2. Conference with Labor Negotiator - Pursuant to Government Code Section 54957.6. Agency Negotiator: Vance Piggott. Employee Organization: Folsom Police Officers'Association Motion by Mayor Aquino, second by Gouncilmember Leary to adjourn to closed session. Motion passed by the following roll'call vote:
AYES: Leary, Rohrbough, Aquino
NOES: None
ABSENT: Kozlowski, Raithel
ABSTAIN: None
Councilmember Kozlowski and Vice Mayor Raithel arrived during closed session
RECONVENE
Mayor Aquino announced that no final action was taken during closed session.
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December 16,2024
ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 4:26 pm.
SUBMITTED BY:
Christa Freemantle, City Clerk
ATTEST
Sarah Aquino, Mayor
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01/14/2025 Item No.4.
Folsom City Council
Staff Re ort
RECOMMENDATION / COIINCIL ACTION
Staff recommends that the City Council adopt Resolution ll3I2 - A Resolution Authorizing the City Manager to Amend the2024 Contract Between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) for Shelter Services.
BACKGROUND / ISSUE
The SSPCA has been providing animal sheltering services to the City of Folsom since July 1, 2015. Staffdesires to continue this successful contractual partnership and seeks approval to authorize the City Manager to execute the new agreement for the next two years, from January I,2025 through December 3I,2026.
POLICY / RULE
In accordance with Chapter 236 of the Folsom Municipal Code, professional services costing $73,209 or greater shall be contracted for by the City Council.
ANALYSIS
The SSPCA is a non-profit organization dedicated to providing shelter for homeless, lost, or 1 MEETING DATE: Ut412025
AGENDA
SECTION:
Consent Calendar
SUBJECT: Resolution No. 1 l3I2 - A Resolution Authorizingthe City Manager to Amend the 2024 Contract Between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) for Shelter Services
FROM: Police Department
01/14/2025 Item No.5.
abused pets; low-cost spay and neuter services; and public education. The organization's mission is to "foster a loving and compassionate community for animals and people by providing assistance, creating lifelong relationships, and saving lives." The City has successfully worked in partnership with the SSPCA for the City's animal sheltering needs since July I,2015 and desires to continue that contractual partnership.
Please note that the SSPCA contract is only for animal sheltering services. The City will continue to provide a full-time Animal Services Officer to serve the community. The Animal Services Officer will continue to enforce state and local laws and ordinances to protect both the animal and human customers, respond to animal issues in the field, and provide public education, among other duties.
FINANCIAL IMPACT
The contract would be for a two-year term beginning January 1,2025 through December 31, 2026. In year one of the contract (2025), the City will pay SSPCA an amount not to exceed $90,590.00. In year two of the contract (2026), the City will pay SSPCA an amount not to exceed $96,932.00.
The City also agrees to pay SSPCA for each animal in excess of the yearly animal intake amounts (300) as established in Section 5.01 of the contract which is $225.
This agreement is included in the Fiscal Year 2024-25 General Fund (Fund 010) Operating Budget in the Animal Services Division. There are sufficient funds budgeted and available in the FY 2024-25 Budget for the continuation of this contract.
ATTACHMENT
Resolution No. 11312 - A Resolution Authorizing the City Manager to Amend the 2024 Contract Between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) for Shelter Services
Submitted,
Richard Hillman, Chief of Police
2 Page 22
01/14/2025 Item No.5.
RESOLUTION NO. 1I3I2
A RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND TH[.2O24
CONTRACT BETWEEN THE CITY OF FOLSOM AND THE SACRAMENTO
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (SSPCA) FOR
SHELTER SERVICES
WHEREAS, the Sacramento Society for the Prevention of Cruelty to Animals (SSPCA) is a non-profit organization dedicated to providing shelter for homeless, lost, or abused pets; low- cost spay and neuter services; and public education; and WHEREAS, the current agreement between the City of Folsom and the SSPCA to provide animal sheltering services for the City expired on December 31, 2024; and WHEREAS, the SSPCA and staff desires to continue this successful contractual partnership and seeks approval to authorize the City Manager to amend the existing agreement from January l,2025,through December 31,2026; and
WHEREAS, funds are budgeted and available in the FY 2024-25 General Fund (Fund 010) Operating Budget in the Animal Services Division and this agreement will be included during the budget process in future fiscal years; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to amend the 2024 contract between the City of Folsom and the Sacramento Society for the Prevention of Cruelty to Animals for Sheltering Services.
PASSED AND ADOPTED this 14th day of January 2025,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Sarah Aquino, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 1 1312
01/14/2025 Item No.5.
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01/14/2025 Item No.5.
Folsom City Council
Staff ort
TION / CITY
The Parks and Recreation Department recommends that the City Council approve Resolution No.i 1313- A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2024-25 to the Sacramento Area Council of Governments.
BACKGROUND / ISSUE
The Sacramento Area Council of Governments (SACOG) requires annual submission of funding claims regarding the use of Transportation Development Act (TDA) funds in the form of Local Transportation Funds (LTF). These funds are used by the City of Folsom for pedestrian and bicycle facilities.
POLICY / RIII,F],
SACOG requires City Council approval for Transportation Development Act Claim submissions.
ANALYSIS
The portion of LTF funds for pedestrian and bicycle facilities available to the City of Folsom is calculated each year on a percentage of sales tax based on population. The amount of $105,356, which includes all LTF pedestrian and bicycle funds, is the amount estimated by SACOG to be available for Fiscal Year 2024-25.
MEETING DATE: Ur412025
AGENDA SECTION Consent Calendar
SUBJECT: Resolution No. 1 I3I3- A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2024-25 to the Sacramento Area Council of Governments
FROM: Parks and Recreation Department
01/14/2025 Item No.6.
FINANCIAL IMPACT
Approval of the Fiscal Year 2024-25 TDA claim, in the amount of $105,356, by the City of Folsom and the SACOG Board of Directors will provide additional firnding for pedestrian and bicycle facility projects without reliance on the City's General Fund.
ATTA NTS
1. Resolution No. I 1313- A Resolution Authorizing Submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2024-25 to the Sacramento Area Council of Governments
2. Transportation Development Act Claim Packet
Submitted,
Kelly Gonzalez, Parks and Recreation Director
01/14/2025 Item No.6.
ATTACHMENT 1
01/14/2025 Item No.6.
RESOLUTION NO. 11313
A RESOLUTION AUTHORIZING SUBMISSION OF FOLSOM TRANSPORTATION
DEVELOPMENT ACT CLAIM FOR PEDESTRIAN AND BICYCLE FACILITIES FY 2024.25 TO THE SACRAMENTO AREA COUNCIL OF GOVERNMENTS WHEREAS, the Transportation Development Act (TDA) of 1974 allows two percent (2%) of the Local Transportation Fund apportionment to be made available exclusively for pedestrian and bicycle facilities; and
WHEREAS, the City desires to utilize these authorized TDA fund for construction, maintenance, and repair of existing and future bicycle and pedestrian facilities throughout the City of Folsom; and
WHEREAS, the Sacramento Area Council of Governments has estimated the amount of TDA funds available to the City of Folsom for bicycle and pedestrian facilities in Fiscal Year 2024-25 to be $105,356; and
WHEREAS, the Sacramento Area Council of Governments requires a claim package be submitted to receive the TDA allocation, including a resolution approved by the City Council authorizing the filing of the claim; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes submission of Folsom Transportation Development Act Claim for Pedestrian and Bicycle Facilities Fiscal Year 2024-25 inthe amount of $105,356, along with any subsequent amendments should the amount of requested funds be adjusted.
PASSED AND ADOPTED this 14th day of January 2025,by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Sarah Aquino, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
ResolutionNo. 11313
Page I of 1 Page 28
01/14/2025 Item No.6.
ATTACHMENT 2
01/14/2025 Item No.6.
SACOG
TRAN SP ORTATION
DEVELOPMENT ACT
CLAIM PACKET
Sacramento Area Council of Governments
1415 L Street. Suite 300
Sacramento, CA 95814
01/14/2025 Item No.6.
TnaNsponTATION DEVELOPMNNT ACT
Cr,lrnn Cnncxr,rst
Please check the following items as either included with the attached TDA claim package or on file at SACOG Item Claimant Attached On File
TDA-1 Annual Transportation Development Claim All Claimants X N/A TDA-2 Pro.iect and Expenditure Plan (for the fiscal
year of this claim and prior fiscal year) All Claimants X N/A TDA-3 Status of Previously Approved Projects All Claimants X N/A TDA-4 Statement of Conformance All Claimants X N/A
TDA-5 TDA Claim Certification All Claimants X N/A
Resolution by governing body that authorized the claim All Claimants X N/A CHP Safety Compliance Report (completed within the
last l3 months) Claimants for transit service
Adopted or proposed budget for the fiscal year ofthe
claim Claimants for transit servlce
Signed copy of transit service contract Claimants for transit service Area wide transfer agreement and resolutton Claimants that allow inter- system transfers
Information estab lishing e li gibi I ity under effi c iency criteria - STA Operator Qualifying Criteria calculation based on Section 99314.6
Claimants for revenue-
based STA funds
Certification that claim is consistent with Capital
Improvement Program
Claimants for bike/ped
facilities X N/A
Compliance with PUC Sections 99155 and 99155.5 Claimants for transit service Copy of Ten-Year Capital & Operations Program Claimants for transit service
01/14/2025 Item No.6.
TO
TDA_1
TRANSpoRTATIoN Dnvpr,opurNr Acr Cr,llM
Sacramento Area Council of Governments
1415 L Street, Suite 300
Sacramento, CA 95814
FROM:
Claimant City of Folsom,
Parks and Recreation Department
Address
City
Contact Person
Telephone
E-Mail
50 Natoma Street
Zip Code 95630
Brett Bollinger
(916) 461-6632
[email protected]
The above claimant hereby requests, in accordance with authority granted under the Transportation Development Act and applicable rules and regulations adopted by the Sacramento Area Council of Governments (SACOG), that its request for funding be approved as follows:
LTF:
Folsom
$ 105,356 Total Claim
STA: None
Kelly GonzalezSubmitted by:
Title:
Date:
Parks and Recreation Director
01/14/2025 Item No.6.
Anxuar**or".tiP$#ENDrruR'Pr,.rN
ant: City of Folsom Fiscal Year: FY 24-25
Total
$105,356.00
$105,356.00
Other
fncome
and
Interest
$0.00
Federal
/State
$0.00
X'und
Balance-
Transit
$0.00
General
Fund
$0.00
Transit
Fares
$0.00
TDA STA.
SGR FY
24-25
$0.00
TDA STA
FY 24-25
$0.00
TDA LTF
FY 24-25
$105,356.00
$105,356.00
ect Title and
Article
umber
Article 8 Section
e923(c)
Pedestrian and
Bikes
Total
01/14/2025 Item No.6.
TDA_3
Sr,Lrus on PnpvrouslY Appnovnn Pno.rncts
Instructions
-
Describe the status of all prior fiscal year TDA claim projects and any projects from previous years that are still active, as follows:
r Include both operating and capital budgets
r Approved amounts should be specified in TDA claims approved by SACOG r Expenditures should be to date
r Project status should be either "Complete" or "Active" Fiscal Year Project Title Amount
Approved Expenditures Project
Status
FY 2023-24 Folsom Blvd Overcrossing
Feasibility Study s17,657 $17,657 Complete
FY 2023-24
Folsom-Placerville Rail Trail
(PKl604) $200,000 $o Active
FY 2020-21 Trail Connection Projects Design $ 1 10,000 $110,000 Complete FY 2018-19 Lake Natoma Class I Trail - Phase II
(PK0902) $i24,900 $t24,900 Complete
FY 201 8-19 Johnny Cash Trail - Phase II
(PK27tI) $96,660 $96,660 Complete
TOTAL s549,217 s349,217
01/14/2025 Item No.6.
TDA4
Stlrnnnnxr or CoNToRMANcE
Form TDA-4 must be completed and signed by the Administrative Office of the submitting claimant.
The City of Folsom hereby certifies that the Transportation Development Act claim for fiscal year FY 24-25 in the amount of $105,356 (LTF) and $0 (STA) for a total of $105"356 conforms to the requirements of the Transportation Development Act and applicable rules and regulations. (See Attachment A for listing of conformance requirements)
Certified by the Finance Director
Stacey Tamagni
Date
Certified by City Clerk
Christa Freemantle
Date
01/14/2025 Item No.6.
TDA-5
TDA Claru CnntmrcATIoN Fonvt
Signature of Finance Director
Agency Name
Date
Stacey Tamagni
City of Folsom
I Stacey Tamasni, Finance Director for the C ofF,
do hereby attest, as required under the California Code of Regulations, Title 21, Division 3, Chapter 2, Section 6632,to the reasonableness and accuracy of the following:
(a) The attached budget or proposed budget for FY 2024-2025 (b) The attached certification by the Department of the California Highway Patrol verifying that The City of Folsom is in compliance with Section 1808.1 of the Vehicle Code, as required in Public Utilities Code Section9925l (d) The estimated amount of FY 2024-2025 maximum eligibility for moneys from the Local Transportation Fund and State Assistance Fund, as defined in Section 6634 is $10s,356
01/14/2025 Item No.6.
Folsom City Council
Staff Re rt
MEETING DATE: Ur412025
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 l3l4 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with
Williams Scotsman, Inc. for the Lease of the Modular Building Occupied by the Waste and Recycling Division
FROM: Public Works Department
RECOMMENDATION / COI]NCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No.
II3l4 - A Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Williams Scotsman,Inc. for the Lease of the Modular Building Occupied by the Waste and Recycling Division.
BACKGROUND / ISSUE
The Waste and Recycling Division (Division) of the Public Works Department is located in the City of Folsom Corporation Yard. The Division administrative staff work from a modular trailer originally leased from ModSpace in 2007. ModSpace has since been sold to Williams Scotsman, Inc. (WillScot), who currently owns the building. In October2019,the city executed a lease with WillScot to secure the building and rental rate for five years. Following the five-year period, the agreement transitioned to a month-to-month rental, which does not guarantee the monthly rate or continued use of the building.
Both parties are interested in amending the original agreement to maintain the current rental rate and secure the building for an additional two years. The short-term lease allows for an easier transition when the Division is moved to the future location of the Corporation Yard.
This resolution will authorize the City Manager to execute an extension to the lease agreement with WillScot for two (2) additional years.
1
01/14/2025 Item No.7.
POLICY / RIII,F],
In accordance with Section 2.36.080 of the Folsom Municipal Code, supplies, equipment, services, and construction with a value of $75,049 or greater shall be approved by City Council.
ANALYSIS
In consideration of the future transition to a new Corporation Yard, the Department recommends a short-term extension of the lease on the administrative building it has occupied for seventeen years. A lease fixes monthly costs and establishes the party responsible for building maintenance and repairs. If the current Corporation Yard were going to be used long-term, a longer-term office solution would be evaluated through a bid process; however, taking into consideration the cost and operational disruption of removing the current building and installing a new building, entering into a new lease to seamlessly continue operations is the most practical course of action.
Another consideration was purchasing the building. The cost before tax is $256,320, equating to nearly 14 years of rent at the current rate. Additionally, the city would be responsible for maintenance costs currently included in the lease.
The monthly rental rate is $1,550 per month, therefore the additional two years adds $37,200 to the lease. The city also remains responsible for the final return charges at the end of the lease, which were estimated at $15,530.20 in20l9.
FINANCIAL IMPACT
The amendment to the agreement is for two years of rent which equates to $37,200. The lease of the Waste and Recycling administration office is included in the adopted Fiscal Year 2024-25 Operating Budget and funded through the Solid Waste Operating Fund (Fund 540). The remaining cost to the Solid Waste Operating Fund (Fund 540) in Fiscal Year 2024-25 to continue utilizing this building is $13,361, including taxes. Sufficient funds for this amendment are available in the current fiscal year in the Solid Waste Operating Fund (Fund 540) and will be made available through the budget process for the remainder of the period of the agreement.
AL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTACHMENTS
Resolution No. 1 l3l4 - A Resolution Authorizingthe City Manager to Execute an Amendment to the Agreement with Williams Scotsman, Inc. for the Lease of the Modular Building Occupied by the Waste and Recycling Division
2 Submitted,
01/14/2025 Item No.7.
Mark Rackovan, PUBLIC WORKS DIRECTOR
-) Page 39
01/14/2025 Item No.7.
RESOLUTION NO. II3I4
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH WILLIAMS SCOTSMAN,INC. FOR
THE LEASE OF THE MODULAR BUILDING OCCUPIED BY THE WASTE AND
RECYCLING DIVISION
WHEREAS, the administrative operations of the Waste and Recycling Division of the Public Works Department currently utllize a rented modular trailer located at the City of Folsom Corporation Yard; and
WHEREAS, the current modular trailer is meeting the operational needs of the Waste and Recycling Division; and
WHEREAS, the lease for the existing modular trailer has expired; and WHEREAS, the city and Williams Scotsman, Inc. (Willscot) have continued to operate under the terms of the lease; and
WHEREAS, staff has considered the limited term use of the current Corporation Yard in the recommendation to continue leasing the existing building rather than solicit bids for a replacement building; and
WHEREAS, a lease agreement secures the building for use by the Waste and Recycling Division over the next two (2) years; and
WHEREAS, staff recommends amending the agreement with Willscot to continue leasing the modular building for two additional years which equates to $37,200; and WHEREAS, sufficient funds are budgeted and available in the Solid Waste Fund (Fund 540) in the cunent fiscal year and will be made available for the remainder of the agreement through the budget process; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute an amendment to the agreement with Williams Scotsman, Inc. for the lease of the modular building occupied by the Waste and Recycling Division.
PASSED AND ADOPTED this 14th day of January,2025,by the following roll-call vote AYES:
NOES:
ABSENT:
ABSTAIN:
s
Councilmember(s):
Councilmember(s):
Councilmember(s):
ResolutionNo. 11314
01/14/2025 Item No.7.
Sarah Aquino, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
Resolution No. 1 1314
Page2 of2 Page 41
01/14/2025 Item No.7.
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01/14/2025 Item No.7.
Folsom City Council
Staff Re ort
MEETING DATE: Ut4t2025
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 1315 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting, for the District 4 Sidewalk Offset Repair Project
F'ROM: Public Works Department
RECO TION / CITY COUN ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11315 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting, for the District 4 Sidewalk Offset Repair Project.
BACKGROUND / ISSUE
One goal of the Public Works Department is to maintain the sidewalks throughout the City in a safe manner. This is accomplished utilizing various inspection methods, ranging from hiring third party firms to conduct thorough inspections of the sidewalk network, receiving notifications from residents through SeeClickFix, or being observed by city staff during their daily work assignments.
In July 2024, the city contracted with Precision Emprise LLC, dba Precision Concrete Cutting (PCC), to inspect and document the entirety of sidewalks in Council District 4. This inspection identified each sidewalk distress (such as uplifts, cracking, etc.) and provided a report with these findings and repair quantities to the City.
Staff reviewed the findings and determined it would be in the city's best interest to permanently remove and replace all sidewalk locations with an uplift greater than 2 inches. This work will be performed through a planned On-Call Concrete and Asphalt Maintenance contract expected to commence in early 2025. Staff are currently working on scoping and advertising this On-Call Concrete and Asphalt Maintenance contract.
1
01/14/2025 Item No.8.
All remaining sidewalk uplifts perpendicular to the sidewalk and between 0.5 inches to 2 inches tall will be removed as part of this contract through PCC's patented removal process of smooth cutting the lifted concrete. In total, this contract will address 976 identified lifts. While this is not a permanent solution to these uplifts, the majority of which are caused by private property tree rootr, these repairs will alleviate the existing tripping hazards until the funds are available for permanent repairs.
Pending approval of this contract, these repairs are expected to begin in February 2025 and be completed by April 2025.
POLICY / RULE
Section 2.36.120 of the Folsom Municipal Code states,inpart,that contracts for supplies, equipment, services, and construction with an estimated value of $75,049 or greater shall be awarded by the City Council.
ANALYSIS
PCC utilizes multiple patented processes for concrete cutting that leaves a smooth surface and reduces the dust associated with these repairs. Many other sidewalk uplift repair processes leave a heavily textured surface that does not entirely eliminate the uplift and creates excessive dust in the process.
Staff is recommending this contract be awarded through Sole Sowce Procurement in compliance with Section 2.36.140 of the Folsom Municipal Code based on the attached letter identiffing PCC's patented processes. Staff has researched and was unable to find any other companies that perform sidewalk uplift removals through the process of concrete cutting.
Staff will use the City's standard Construction Agreement in a form acceptable to the City Attorney.
FINANCIAI,IMPACT
The contract with Precision Emprise LLC, dba Precision Concrete Cutting, would be authorized for $140,885.40 with the project budgeted for a total of $154,973.94, which will include a ten percent contingency amount of $14,088.54 for potential change orders.
Funds in the amount of $154,973.94 are budgeted and available in the City-Wide ADA Compliance Project, Project No. 2409, utilizing SB1 Road Maintenance and Rehabilitation Fund (Fund 235) andMeasure A (Fund 276).
ENVIRONMENTAL REVIEW
All items of work are categorically exempt from environmental review. 2 Page 44
01/14/2025 Item No.8.
ATT
1. Resolution No. 11315 - A Resolution Authorizing the City Manager to Execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting, for the District 4 Sidewalk Offset Repair Project
2. Precision Concrete Cutting - Patent Information Letter Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
a
-) Page 45
01/14/2025 Item No.8.
ATTACHMENT 1
01/14/2025 Item No.8.
RESOLUTION NO. 11315
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSTRUCTION AGREEMENT WITH PRECISION EMPRISE LLC, DBA
PRE,CISION CONCRETE CUTTING, FOR THE DISTRICT 4 SIDEWALK
OFFSET REPAIR PROJECT
WHEREAS, the City of Folsom desires to remove sidewalk uplifts in Council District 4 as identified in the report titled Folsom District 4 Assessment Report /r" to 2" by Precision Concrete Cutting; and
WHEREAS, the contract will be executed in compliance with Folsom Municipal Code Section 2.36.140 - Sole Source Procurement based on the patented method of repair; and WHEREAS, staff was unable to locate another vendor that performs these types of repairs with the preferred methodology that Precision Concrete Cutting utilizes; and WHEREAS, funds in the amount of $154,973.94 are budgeted and available in the City-Wide ADA Compliance Project, Project No. 2409 utilizing SBl Road Maintenance and Rehabilitation Fund (Fund 235) andMeasure A (Fund 276); and WHEREAS, the contract will be in a form acceptable to the City Attorney:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to execute a Construction Agreement with Precision Emprise LLC, dba Precision Concrete Cutting, for the District 4 Sidewalk Offset Repair Project in the amount of $140,885.40, with the budgeted amount to include a ten percent contingency for a total not-to-exceed amount of $154,973 '94- PASSED AND ADOPTED on this I4th day of January 2025, by the following roll- call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Sarah Aquino, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
ResolutionNo. 11315
01/14/2025 Item No.8.
ATTACHMENT 2
01/14/2025 Item No.8.
\
thed Rcnovalsp.ddhis
3191 N. Canyon Road Provo, UT 84604
P: (801) 224-0025 F: (801) 224-0062
www.SafeS idewal ks. com
December 3l"t,2024
City of Folsom
Ryan Chance: P.E.
50 Natoma St.
Folsom, CA 95630
RE: Sole Source Information
To Whom It May Concern
Due to the nature of our business and our patented equipment and methods, frequently we have been asked to provide a letter stating that our technology relies upon patents that have been issued by the US Patent and Trademark Office. In total, we've received 9 total patents regarding potential tripping risk removal services, ranging from techniques/methods, dust abatement, to measuring tools and rnethods.
Precision Concrete Cutting is the only company authorized to use the patented equipment and method for removing sidewalk trip risks as described by the following patent numbers:
Previous Patents
U.S. Pat. No.6,827,074
Current & Pending Patents
U.S. Pat. No, 6,896,604
U.S. Pat. No. 7,000,606
U.S. Pat. No. 7,143,760
U.S. Pat. No.7,201,644
U.S. Pat, No. 7,402,095
U.S. Pat. No. 9,759,559
U.S. Pat. No. 9,494,407
U.S. Pat. No. 11,628,596
If you have any questions or comments, please feel free to give me a call.
Kind Regards,
/r,*" ftftxt
Aaron Ollivier, CEO
Precision Concrete Cutting
3l9l N. Canyon Rd
Provo, Utah 84604
(801) 373-6060
01/14/2025 Item No.8.
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01/14/2025 Item No.8.
i ,1, + .l , ":J t_ $ lr.'l
l, nill r:
Folsom City Council
Staff Re rt
RECOMMENDATION / CITY COUNCIL AETIQN
The Public Works Department recommends that the City Council pass and adopt Resolution No. 11316 - A Resolution Authorizing the City Manager to Execute an Agreement with Schaefer Plastics North America, LLC. for the Purchase of Residential Solid Waste Containers.
BACKGROUND / ISSUE
The Waste and Recycling Division (Division) of the Public Works Department is responsible for providing timely collection of residential and commercial solid waste and recycling in the City of Folsom. The Division needs to purchase recycling, trash, and organics containers (cans) on a continuing basis to maintain a working inventory of seven different can types for curbside collection. Most cans purchased are used to replace damaged cans currently in service; however, some are used to provide additional service to existing customers and to provide cans to new homes. Prompt replacement of damaged cans and providing additional cans where needed enables the city to provide reliable and efficient service for the collection of the crty's residential waste. In addition, properly functioning cans help prevent lifier and protect material from water intrusion, which increases disposal costs and reduces the recyclability of some materials.
In Fiscal Year 2017-18, the City entered into an agreement with Schaefer Plastics North America, LLC. (Schaefer) for the purchase of curbside collection containers. Contracting with a single vendor has allowed the city to secure consistent pricing, quality, and appearance of 1 MEETING DATE: Ur4l202s
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11316- A Resolution Authorizing the City Manager to Execute an Agreement with Schaefer Plastics North America, LLC. for the Purchase of Residential Solid Waste Containers
FROM: Public Works Department
01/14/2025 Item No.9.
cans and provide a reliable source to meet the city's fluctuating inventory needs. The contract with Schaefer has expired and the Division is seeking a new agreement. Schaefer has proven to be a reliable partner and offers competitive pricing through a cooperative purchase agreement.
POLICY / RTII,E
In accordance with Section 2.36.080 of the Folsom Municipal Code, supplies, equipment, services, and construction with a value of $75,049 or greater shall be approved by City Council.
Section 2.36.170 of the Folsom Municipal Code permits cooperative purchasing agreements for the procurement of any supplies, equipment, setvice, or construction with one or more public procurement units in accordance with an agreement entered into or between the participants.
ANALYSIS
Schaefer currently has a cooperative purchasing agreement, number RCO1-21, with Houston- Galveston Area Council (H-GAC), a national cooperative purchasing entity of which the City of Folsom is a member. The city has purchased numerous items through H-GAC and will use this agreement for the purchase of cans. The pricing has been assessed to be fair, reasonable, and competitive.
Each year the Division projects the amount that will be needed for cans and includes this in the annual budget. For Fiscal Year 2024-25, the Division projected expenses of $396,712 for the purchase of new collection containers. The annual not-to-exceeding amount in the Schaefer agreement will fluctuate year-by-year based on the approved fiscal year budget for can procurement. However, the per can price will be locked in for the fuIl term of the agreement.
The agreement will be for a term of five years with two optional one-year extensions.
A combination of funding sources is used to purchase cans. The largest portion is funded from monthly service fees and is used for existing service locations. The city also receives an annual grant from CalRecycle for beverage container recycling called the City/County Payment Program and these funds are currently used exclusively for the purchase of recycling cans.
Cans for new homes are purchased from the Division's two impact fee accounts; one for Folsom Plan Area and one for development in all other areas of the city. The budget is allocated among these accounts based on projected needs in each category.
FINANCIAI,IMPACT
The purchase of residential cans is included in the adopted Fiscal Year 2024-25 Operuting Budget with a total budget of $396,712 funded through the Solid Waste Operating Fund (Fund 540), Solid Waste Capital Fund (Fund 54I), and Folsom Plan Area Solid Waste Capital Fund (Fund 544). Expenditures to date total $146,830, with a remaining budget of $249,882, whrch will be the not-to-exceed amount for the new agreement in Fiscal Year 2024-25. 2 Page 52
01/14/2025 Item No.9.
In subsequent years of the contract, the funding needed for the purchase of residential cans will be projected annually and included in the Division budget. The contract amount will be adjusted annually to a not-to-exceed amount that is equal to the combined adopted departmental supplies budgets for the Solid Waste Collections Division, Solid Waste Grant, Solid Waste Capital, and Folsom Plan Area Solid Waste Capital.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA).
ATTACHMENT
Resolution No. 1 13 16 - A Resolution Authorizing the City Manager to Execute an Agreement with Schaefer Plastics North America, LLC. for the Purchase of Residential Solid Waste Containers
Submitted,
Mark Rackovan, PUBLIC WORKS DIRECTOR
aJ Page 53
01/14/2025 Item No.9.
RESOLUTION NO. 11316
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGRE,EMENT WITH SCHAEFER PLASTICS NORTH AMERICA,LLC, FOR THE
PURCHASE OF SOLID WASTE CONTAINERS
WHEREAS, Waste and Recycling Division staff has identified the need to purchase solid waste containers to continue to conduct trash, organics, and recycling collections safely and efficiently; and
WHEREAS, this purchase is through the Houston-Galveston Area Council (H-GAC), which used its recognized cooperative purchasing agreement to award Schaefer Plastics North America, LLC.; and
WHEREAS, The agreement will be for a term of five years with two optional one-year extensions; and
WHEREAS, sufficient funds are avallable in the Fiscal Year 2024-25 Solid Waste Operating Fund (Fund 540) and Solid Waste Capital Funds (Funds 541 and 544); and WHEREAS, staff reviewed the specifications from Schaefer Plastics North America, LLC. and determined that they meet the City Folsom's specifications for both the type of material used and the method of construction; and
WHEREAS, the agreement will be in a form acceptable to the City Attorney NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom authorizes the City Manager to execute a contract with Schaefer Plastics North America, LLC. for the purchase of residential Solid Waste containers in an amount not-to-exceed $249,882 in Fiscal Year 2024-2025 and an annual not-to-exceed amount equal to the adopted departmental supplies in the annual Solid Waste budget for subsequent years of the contract.
PASSED AND ADOPTED this 14th day of January 2025,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Sarah Aquino, MAYOR
ATTEST
Resolution No. 11316
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Christa Freemantle, CITY CLERK
Resolution No. I1316
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This poge is intentionolly left blank
to facilitate double- sided printing
ond minimize PoPer rrse.
CITY OF
DISTINCTIVS B.Y NATURE
FOLS()l\{
01/14/2025 Item No.9.
i Jr:i,-ril:\'i
Folsom City Council
Staff ort
RECOMMENDATION / CITY COUNCIL ACTION
The Public Works Department recommends that the City Council pass and adopt Resolution No II3l7 - A Resolution Approving a License Agreement Between the Sacramento-Placerville Transportation Corridor Joint Powers Authority and the Placerville and Sacramento Valley Railroad, Inc. for Excursion Rail Operations.
BACKGROUND / ISSUE
The Sacramento-Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA) was established by its Member Agencies (County of Sacramento, Regional Transit, County of El Dorado, and 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 (milepost 94.3 to milepost 147 .4 - see map in Attachm ent 2). The corridor passes through the cities of Sacramento, Rancho Cordova and Folsom, and the counties of Sacramento and El Dorado. 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 (milepost 108.83 to milepost 118.0).
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, SPTC-JPA recommended the solicitation of proposals for the development and operation of such a service in the corridor. In 2007, the City Council approved 1 MEETING DATE: U1412025
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 1 l3l7 - A Resolution Approving a License Agreement Between the Sacramento-Placerville Transportation Corridor Joint Powers Authority and the Placerville and Sacramento Valley Railroad, Inc. for Excursion Rail Operations FROM: Public Works Department
01/14/2025 Item No.10.
the parameters for the preparation of a Request for Proposals (RFP) for excursion rail service, including the evaluation and selection of proposals submitted 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 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 (LOD 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 stafPs 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}-yeat 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 a 2}-year lease, and to set goals and benchmarks for each operating year. On May 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 License Agreement; however, El Dorado County did not vote in support of the License Agreement.
The License 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 License Agreement took effect in February 2013, with PSVRR providing excursion rail services in Folsom and Sacramento County. During the term of this License 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 License Agreement expired in February 2018. In preparation for 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 License 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 License Agreement was to take effect in February 2018, pending approval by the member agencies. However, some El Dorado County staff and PSVRR 2 Page 58
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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 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 License 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 Septemb er 2018. 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.
POLICY / RULE
Per the Folsom Municipal Code, the City Council is the sole authority to rati$ agreements on behalf of the City of Folsom.
ANALYSIS
A copy of the License Agreement between the SPTC-JPA and the PSVRR for excursion rail operations is included in Attachment 3. The License Agreement grants the PSVRR the right to operate excursion rail services along specified portions of the rail corridor, between the City of Folsom and the Sacramento/El Dorado County line and sets forth terms and conditions associated with the operations carried out by the PSVRR. The Agreement minimizes liability to the SPTC- JPA and its Member Agencies; ensures that no public subsidy from the SPTC-JPA or its Member Agencies will be provided for excursion rail services including caprtal, operating and maintenance costs; and reserves the SPTC-JPA's right to implement and grant licenses for other uses in the rail corridor that do not materially compete or conflict with the PSVRR excursion rail operations.
The License Agreement permits excursion rail operations on the segment of the rail corridor between Iron Point Road in Folsom (approximately milepost 116) and the El Dorado County line (approximately milepost 119.4). Sacramento County's portion of the corridor (milepost 118 to milepost I19.4) is withinthe operating segment. Additional operating segments will require SPTC- JPA and member agency approval. The City of Folsom has issued special event permits for other segments, such as the holiday train rides between East Bidwell Street and Oak Avenue Parkway, and the annual handcar derby between Broadstone Marketplace and Broadstone Parkway. These segments are permitted because they do not include any at-grade street crossings with passengers aboard any rail vehicles, which would trigger the need for at-grade rail crossing warning devices and would place them under the authority of the California Public Utilities Commission (CPUC), Rail Safety Division. Initial operating hours for excursion rail will be limited to weekends and holidays.
At the November 4,2024 SPTC-JPA Board meeting, the SPTC-JPA Board voted unanimously to approve a new seven-year License Agreement. The renewed License Agreement is substantially the same as the prior agreement, with some clarifications and the following major differences:
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Section 7.2.1 (Suspension): This provision clarifies that the SPTC-JPA has the power to suspend operations immediately, if the SPCT-JPA determines in good faith that operations are being conducted in an unsafe manner.
Section 7.3.2 (Partial Termination for White Rock Road Realignment Project): This provision allows the SPCT-JPA to terminate the license for areas south and east of the realigned White Rock Road crossing following receipt of notice from the Capital Southeast Connector Joint Powers Authority that it will require access to the property for the realignment project within six months. Any such partialtermination notice from the SPTC- JPA will take effect 60 days after such notice is given.
Finally, in view of the findings of the 2021 lnspection Reports by the Federal Railroad Administration (FRA) and the California Public Utilities Commission (CPUC), Exhibit A now includes a provision that excursion operations may not commence until the SPTC- JPA receives written confirmation that all defects identified in those reports have been corrected.
If the License Agreement is ratified by Folsom City Council, Sacramento Regional Transit Board of Directors, Sacramento County Board of Supervisors, and the El Dorado County Board of Supervisors, the SPTC-JPA and PSVRR will execute the Agreement and allow PSVRR to continue excursion rail on the approved operating segments.
Member agencies may have additional changes or requirements beyond those set forth in the License Agreement. Assuming those are minor and do not affect the City of Folsom's rights, staff recommends that any modifications be approved by the City Manager, Public Works Director, and the City Attorney.
FINANCIAL IMPACT
The recommended action will not result in any impacts to the current City budget, nor does it impose any future financial commitments by the City. The financial requirements for the excursion rail service are to be addressed by the PSVRR as set forth in the License Agreement, and no City funds will subsidize the caprtal or operating costs associated with the excursion rail service.
ATTACHMENTS
1. Resolution No. 11317 - A Resolution Approving a License Agreement Between the Sacramento-Placerville Transportation Corridor Joint Powers Authority and the Placerville and Sacramento Valley Railroad, Inc. For Excursion Rail Operations
2. Vicinity Map - Sacramento-Placerville Transportation Conidor Joint Powers Authority
3. License Agreement by SPTC-JPA with PSVRR for Excursion Rail Operations Submitted,
Mark Rackovan, PUPLIC WORKS DIRECTOR
a
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ATTACHMENT 1
01/14/2025 Item No.10.
RESOLUTION NO. II3I7
A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN THE
SACRAMENTO-PLACERVILLE TRANSPORTATION CORRIDOR JOINT POWERS
AUTHORITY AND THE PLACERVILLE AND SACRAMENTO VALLEY RAILROAD, INC. FOR EXCURSION RAIL OPERATIONS
WHEREAS, the City of Folsom is amember of the Sacramento-Placerville Transportation Corridor Joint Powers Authority (SPTC-JPA); and
WHEREAS, the SPTC-JPA is responsible for overseeing the use of the former Placerville Branch of the Southern Pacific Railroad, part of which extends through the City of Folsom; and WHEREAS, the SPTC-JPA seeks to enter into a License Agreement with the Placerville and Sacramento Valley Railroad, Inc. (PSVRR) for excursion rail operations along the rail corridor; and
WHEREAS, both SPTC-JPA and City staff have reviewed the License Agreement and found it acceptable; and
WHEREAS, onNovember 4,2024,the SPTC-JPA Board voted to approve the new seven- year License Agreement:
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom approves the License Agreement between the Sacramento-Placerville Transportation Corridor Joint Powers Authority and the Placerville and Sacramento Valley Railroad, Inc. for Excursion Rail operations.
PASSED AND ADOPTED on this l4th day of January 2025, by the following roll-call vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Sarah Aquino, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 11317
01/14/2025 Item No.10.
ATTACHMENT 2
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ATTACHMENT 3
01/14/2025 Item No.10.
Attachment 3
LICENSE AGRT,EMENT
FOR
EXCURSION RAIL OPERATIONS
This License Agreement ("Agreement") is made effective as of December 1,2024, by and between the Sacramento-Placerville Transportation Corridor Joint Powers Authority, u California joint powers agency ("JPA"), and the Placerville and Sacramento Valley Railroad, Inc.o a California nonprofit public benefit corporation ("P&SVRR")' A
Recitals
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 Corridor covering approximately twenty-six (26) miles situated between the "Folsom Wye" (approximately milepost 1ll) 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 equestrian trails.
Pursuant to the RFP, on or about May 12,2008, the JPA's Board of Directors selected the Folsom, El Dorado and Sacramento Historic Railroad Association ("FEDSHRA") as the entity with which to negotiate the operation of the excursion rail service.
FEDSHRA representatives subsequently incorporated P&SVRR to act as the nonprofit entity responsible to develop and operate excursion rail service on the Rail Conidor and, by its signature below, the JPA hereby approves P&SVRR as the operator of excursion rail service.
D. In January 2013,theP&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. The license agreement was renewed in2018 and the renewed license expired in2023.
E. The JPA and P&SVRR desire to continue into this Agreement to set forth the terms and conditions under which excursion rail service will be operated. The parties therefore agree as follows:
Agreement
1. Definitions
l.t The term "FRA" is defined as the United States Federal Railroad Administration or its regulatory successor.
1122.24
B.
C.
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t.2
1.3 1.4
1.5 1.6
t.7
1.8 1122.24
P&SVRR License Agreemsnt
The term "Hazardous Materials" 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 waste, hazardous substance, bio-hazard, medical waste, pollutant, or contaminant under any governmental statuteo codeo 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 e/ 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, including gasoline, diesel, petroleum hydrocarbons, polychlorinated biphenyls (PCBs), asbestos, radon, and urea formaldehyde foam insulation.
The term "Hazardous Materials Laws" means all present and future governmental StatuteS, codes, ordinances, regulatiOns, rules, orders, permits, liCenses, approvals, authorizationso and other requirements of any kind applicable to Hazardous Materials.
The terms "include", "i!gludgq", and "including" are to be read as if they were followed by the phrase "without limitation."
The term 66JPA" is defined in the introductory patagraphs 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 uLaty" is defined as all laws, rules and regulations promulgated (or amended) by any governmental authority having jurisdiction over the License Property or activities permitted hereunder, including, without limitation, the California Public Utilities Commission and Federal Railroad Administration.
The term "License ProDerty" is defined as the portion ofthe Rail Corridor extending from approximately milepost 111 (Folsom Wye, Folsom, CA) to approximately milepost 119.4 (SacramentolBl Dorado County Line) consisting of all real and personal property within 10 feet of the centerline of any track on the Rail Corridor 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 66LOSS" is defined aS any loss, damage, Claim, demand, action, cause of action, penalty, fine, payment, costo liability, or expense of whatsoever nature' including court costs and reasonable attorneys' fees, resulting from or related to:
(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 Conidor, any adjacent property, and the roadbed, tracks, equipment, other property of the JPA or P&SVRR, and any property in the JPA's or P&SVRR'S care or custodY.
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1.9 1.10
1.11 t.r2
1.13 The term "Operating Segment" is defined as any segment of the License Properly for which the JPA has given its written approval for Excursion Service operations pursuant to Section 2.1.
The term "Rail Corridor" is defined as the entire width of the Placerville Branch railroad right-of-way between approximately milepost 111 (Folsom Wye, Folsom, CA) and approximately milepost 144.9 (Missouri Flat Road, Diamond Springs, CA), purchased from Southern Pacific Transportation Company by the JPA, including all improvements thereto, whether now existing or hereafter constructed.
The term "Railroad Facilities" is defined as all tracks and other railroad property and fixtures, including rail, ties, switches, ballast, trackbeds, bridges, trestles, retaining walls, culverts, railroad signs, switch mechanisms, signals, grade crossings, active and passive grade crossing warning devices and other appurtenances located on the Rail Corridor.
The term "P&SVRR" 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.
The term "Excul5io!-S-e1v!9e" is defined as the transportation of tourists by rail.
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 Property, subject to the following conditions:
2.1.1. P&SVRR shall conduct its operations in accordance with the Excursion service operating Plan set forth in Exhibit A, attached hereto and incorporated herein.
2.1.2. Operating hours will be limited to weekends and holidays only.
2.1.3. P&SVRR may schedule special events outside of the operating hours defined in Section 2.1.2 and the 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.
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
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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 construction, maintenance, or repair of the License Property and the operation of the Excursion Service.
2.1.7. The portion of the License Property situated between milepost 1 I 1 (Folsom Wye, Folsom, CA) and milepost 116 (Iron 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.
2.1.8. 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. Other Third-Partv Licenses.
2.2.1. Third-Party Licenses. The JPA reserves the right to grant additional licenses over the License Property and the Railroad Facilities, provided that the JPA determines 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 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 Properly and Railroad Facilities used by the licensee.
2.2.1.1. P&SVRRwill 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 2.2.1(a), the term "materially compete or conflict" applies only to Excursion Service operations previously approved hereunder 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. r1.22.24
P&SVRR Licenie Agreement
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2.2.1.3. The JPA or its designee will have the right to review, obtain, and copy all books, records, computer records, accounts, documentation and any other materials (collectively "RecQIdl") pertaining to P&SVRR's costs, including any Records in the possession of any subcontractorso for the purpose of monitoring, auditing, or otherwise verifuing said costs. P&SVRR will provide the JPA or its designees with any Records requested for this purpose and will permit the JPA or its designees access to its premises, upon reasonable notice, during normal business hours, for the purpose of inspecting and copying such Records. P&SVRR further agrees to maintain such Records for a period of three years. The JPA acknowledges and agrees that these Records constitute P&SVRR's confidential information and will not be disclosed to any third-party without P&SVRR's prior written approval, except as otherwise required by applicable Law.
2.2.1.4. P&SVRR will reasonably cooperate with any third party holding rights to use the Rail Corridor.
2.3. Investigation. P&SVRR hereby acknowledges that (a) it has satisfied 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-Is. 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, fitness for a particular purpose 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.
2.5 Release. P&SVRR, for itself, its successors and assigns, to the maximum extent permitted by Law, hereby waives, releaseso 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
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J
subrogation which any such insurer of P&SVRR may acquire against JPA by virtue of the payment of any loss under such insurance.
2.6. The rights granted by the JPA under this Agreement are subject to all existing licenseso leases, easements, restrictions, conditions, covenants, encumbrances, liens and claims of title that may affect the Rail Corridor and the word 'ogrant" as used herein will not be construed as a covenant against the existence of any thereof.
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 construct, maintain, repair, renew, use, operate, change, modiff 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 the JPA does not materially interfere with P&SVRR's rights and operations under this Agreement. The JPA will, to the extent possible, notiff 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. Notwithstanding the foregoing, the JPA reserves the right to terminate this Agreement pursuant to the provisions of Section 7, below.
3.2. JPA's Inspection Access: Access for Maintenance. The JPA may, as reasonable and as coordinated in advance with P&SVR& (i) inspect 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 otherwise reasonably accessible.
3.3. Future At-Gradle Crossings: Improvements to Existing Crossings. The parties acknowledge that local governments may desire to create or improve at-grade public crossings of the License Property. 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 .air" uny reasonable safety concerns related to such crossings. P&SVRR will also cooperate with the construction of crossing improvements, as necessary.
11.22.24 P&SVRR License Agreement
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01/14/2025 Item No.10.
4. Maintenance and Operation of Railroad Facilities
4.1. Maintenance of License Property and Railroad Facilities.
4.1.1. License Property and Railroad Facilities. P&SVRR, at its expense, will keep the License Property and Railroad Facilities in good repair and in a good and safe condition in conformity with applicable Law (including, without limitation, 49 CFR Part 213 - Track Safety Standards), 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.VI (Rail Joints in Crossing Area), VII (Maintenance of Crossing in Track Area) and, to the extent reasonably within P&SVRR's control, X (Surface of Crossings). If unsafe conditions or disrepair are noted in any public road crossings, the JPA and its member agencies reserve the right to perform any maintenance or repair they deem necessary within the envelope of P&SVRR's maintenance responsibility set forth in the preceding sentence.
4.1.3. Optional Maintenance outside of License Property. P&SVRR may, at its option and only subject to a request approved by the applicable 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 ensure 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 such work; P&SVRR will repair any damage caused as the result of P&SVRR's performance of any such maintenance and shall perform the work in compliance with any standards and permits required by the member agencies.
4.1.4. Scope of Maintenance. For purposes of this Section 4.1, the maintenance and repairs to be performed by P&SVRR include, as required by applicable Law, (a) inspections, testing, track profiling, adjustments, 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 compliance with any applicable
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01/14/2025 Item No.10.
bridge safety management program regulations that may be promulgated by the Secretary of Transportation pursuant to Public Law I 10-432, 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 trackage, structures, or any other Railroad Facilities. P&SVRR shall contract with a qualified track inspector reasonably acceptable to the JPA to perform an inspection ofthe trackage, structures and Railroad Facilities in the then-current Operating Segment at least annually. P&SVRR shall deliver the inspection reports to the JPA promptly after receipt thereof by P&SVRR. All such inspection reports shall be public information.
4.1.5. Notice of Assignment. 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 $ 2I3.5(c) and 49 CFR $ 237.3. The notice of assignment will atlach a copy of this Agreement.
4.1.6. Release from Liability. P&SVR& 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, successofs 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 quality than those track materials existing at the time of execution 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, repairso 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 track 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 installed upon, the Rail Corridor and will provide an updated copy of the record to the JPA on an annual basis.
4.3 Clearing of Obstructions. Derailments" and Wrecks. P&SVRR will as soon as practicable clear any obstructions, derailments, and wrecks of railroad equipment or Railroad Facilities.
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5 4.3.1. To the extent that any such obstruction, 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. Responsibility for Repair or Replacement.
4.4.1. Damage Caused by P&SVRR Operations. 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 beyond P&SVRR's Control. If any portion of the License Property or the Railroad Facilities are damaged 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) repair, 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 Excursion 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.
Construction, Relocation, or Removal of Railroad Facilities
5.1. Bv .IPA
5.1.1. 5.1.2.
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, whenevero in the furtherance of the JPA's needs and requirements, the JPA finds such action to be necessary.
All such work performed, and any installation of Railroad Facilities, will be in conformance 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.
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6. 5.2 By P&SVRR. P&SVRR may, at its cost and expense, modify or improve the License Property and Railroad Facilities as needed to accommodate 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 termination 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&SVR& 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.
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.
5.3 License Fees. Beginning on the commencement date of this Agreement and annually on January 1 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 Term. This Agreement will become effective when fully executed and delivered by the parties and will continue in full force and effect until December 31,2031, 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 determination will be made in the JPA's sole and absolute discretion.
7.2 JPA Suspension or Termination for Default'
7.2.l.L Suspension. If the JPA determines in good faith that Excursion Service or other P&SVRR operations under this Agreement are being performed in an unsafe manner, the JPA may suspend all operations under this Agreement with immediate effect until all safety issues are corrected to JPA's satisfaction. JPA will have no liability or obligation to P&SVRR by reason ofany such suspension.
7.2.l.2.Termination. If (D P&SVRR does not substantially comply with the Operating Plan defined in Exhibit A, or the Operational Goals defined in Exhibit B, or (ii) P&svRR remains in default in its perfoffnance of any covenant or Agreement contained herein for a period of 60 days after written
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7.3 11.22.24
P&SVRR License Agreement
notice from the JPA to P&SVRR specifying such default, the JPA may, at its option, terminate this Agreement by written notice; provided however, that if such default cannot 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. JPA will have no liability or obligation to P&SVRR by reason of any termination for default.
JPA Termination for Other Reasons.
7 .3.1. Rail Banking: Reactivation of Freight Service. The Rail Corridor was rail banked under the federal Rails to Trails concurrently with its acquisition by the JPA in 1996. Accordingly, the Rail Conidor 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) defened 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&SVRRby reason ofthe reactivation of freight rail service.
7.3.2 Partial Termination for White Rock Road Realignment Project. The capital Southeast connector Joint Powers Authority (the "connector Authority") and its member agencies intend to realign white Rock Road and improve its crossing with the Rail Corridor as part of a major regional connector parkway. Upon receipt of notice from the Connector Authority that it will require access to the Rail Conidor within six (6) months in connection with the White Rock Road crossing project, the JPA may, by giving sixty (60) days' written notice to P&SVRR, (a) temporarily prohibit use of the portions of the License Property as reasonably necessary to prevent conflict with the Connector Authority's White Rock Road crossing project, and (b) terminate this Agreement with respect to areas of the License Property south and east of a point that is 100 feet north of the northern edge of the realigned White Rock Road crossing.
JPA will have no liability or obligation to P&SVRR by reason of any such actions in connection with the White Rock Road crossing project.
7.3.3. Termination for Other Public Project. The parties acknowledge that the Rail Corridor is a publicly-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 11
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7.4. 7.5:
11.22.24 P&SVRR License Agreement
Reciprocal Use and Funding Agreement among the JPA and its member agencies. Accordingly, the JPA reserves the right to terminate 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 Corridor.
7.3.3.1 If JPA terminates this Agreement under this Section 7.3.3 with respect 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) defened 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 Lease. JPA may review P&SVRR's records to substantiate
such costs pursuant to Section 2.2.1.3. Apart from the
foregoing, JPA will have no liability or obligation to
P&SVRR by reason of such termination. 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.
7.3.3.2. The provisions of this Section 7.3.3 apply only to a termination for a public project other than the White Rock Road crossing project (discussed in Section 7.3.2, above) and are not applicable to a termination for default or a partial termination in connection with the White Rock Road
crossing project.
Abandonment of License Rights. 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 Agreement upon delivery of written notice thereof to the JPA.
All obligations incurred by the parties prior to the termination of this Agreement will be preserved until satisfied.
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8 7.6. Upon the effective date of termination 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.
Insurance. 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 beffer, and authorizedto do business in California.
8.1. P&SVRR Insurance: P&SVRR will, at its own cost and expense, provide and procure Commercial General Liability ("CGL") and, as applicable, Workman's 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 $l million each occurrence and $2 million in the aggregate. The deductible or self-insured retention may not exceed 510,000. The parties acknowledge that the prudent level of insurance required for rail operations will change throughout the term 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 contractual liability covering the indemnity provisions contained in this Agreement, coverage for railroad operations, and coverage 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 other 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 endorsements, with said copy certified by the insurance company to be a true and correct copy of the original policy.
8. 1 .3. The CGL insurance policy must include the JPA and each of its member agencies as "additional insureds" (using ISO Additional Insured Endorsement CG 20 26 or a substitute form reasonably acceptable to the JPA providing reasonably equivalent coverage).
8.1.4. 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 coverage will be primary insurance as respects the JPA, its member
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9 agencies, and their respective directors, officers, 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, return receipt requested, has been given to 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 $1 million.
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 Managersl 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: 916-7 08-7368
E-mail: [email protected]
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10 11.
t2.
13. If to JPA: SPTCA-JPA Chief Executive Officer
c/o City of Folsom Public Works Department
50 Natoma Street
Folsom, CA 95630
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 suffer any mechanic's or materialman's 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 indemnifu, hold harmless 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 performed 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 generalo local, 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 107 et seq'., unless applicable Law otherwise excuses payment of taxes due to P&SVRR's nonprofit status or the JPA's ownership of the Rail Conidor, the License Property, or the Railroad Facilities.
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 Loss is caused by the sole negligence or willful misconduct of the JPA, its officers, 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 too 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 Agreement.
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 Conidor, prior
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15 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 Property and Railroad Facilities. Without first obtaining the JPA's written permission (which may be withheld in the JPA's sole and absolute discretion), P&SVRRwill 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 harmless 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 indemniS, 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.
14.3. P&SVRR will not install any above-ground or underground storage tanks without the JPA's prior written consento 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 permits, notif, the proper authorities, and provide the JPA with copies of any such permits and notifications. P&SVRR will assume all responsibility for and will indemnifu, defend, and hold harmless the JPA against all costs and claims associated with a release or leak of the contents of any such tank occuming 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 concerning the presence, spill, release, discharge of, or exposure to, such Hazardous Materials.
14.5. This Section 14 will survive the termination or expiration of the term of this Agreement.
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 such provision(s) as to the future, nor in any way to affect the
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t6
17. 18.
19. validity of this Agreement or any part hereof, 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 party 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 parties, 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.
Modification to Agreement. The provisions of this Agreement may be modified at any time by agreement ofthe 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 modifu this Agreement in any respect unless in writing and signed.
No Assignment Absent Consent. P&SVRR will not assign 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.
21. Venue and Choice of Law
21.1. Any and all disputes, controversies, or claims arising out of, relating to, or in connection with this Agreement will be instituted and maintained in a competent court in Sacramento County, California and the parties hereby consent to the jurisdiction of any such court and to service of process by any means authorized under California Law.
21.2. This Agreement will be governed, construed, and enforced in accordance with the Laws of the State of California, without reference to its conflicts of laws provisions.
The prevailing party in any claim or action arising out of or connected with this Agreement will be entitled to recover all reasonable attorneys' fees and related costs, in addition to any other relief that may be awarded by any court or other tribunal of competent jurisdiction.
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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 perform any obligation or provision hereof is caused by, a result of, or due to strikes, insurrections, acts of God, or any other causes beyond the party's control; provided, however, that performance will only be excused for as long as the disruption persists.
23. Miscellaneous
22 23.1
23.2 23.3
23.4 11.22.24
P&SVRR License Agreement
In the event that any of the provisions of this Agreement 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 I 10-432, Section 417) 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 thereol or (ii) terminate this Agreement.
Each party has participated in negotiating and drafting this Agreement so if an ambiguity or a question of intent or interpretation arises, this Agreement is to be constiued as if the parties had drafted it jointly, as opposed to being construed against a party because it was responsible for drafting one or more provisions of this Agreement.
Each party acknowledges that the officer executing this Agreement has the authority to enter into this Agreement on behalf of the party and in so doing is authorized to bind the party on whose behalf he is signing, to the terms and conditions of this Agreement.
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.
Signatures on the next Page.
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By
In witness whereof, the parties hereto have caused this Agreement to be executed as of the date first herein written.
SACRAMENTO.PLACERVILLE
TRANSPORTATION JOINT POWERS
AUTHORITY, a joint powers agency
By
Vickie Sanders, CEO
Approved as to legal form:
Paul Chrisman,
Legal Counsel
PLACERVILLE & SACRAMENTO
VALLEY RAILROAD,INC.,
a California nonprofit public benefit corporation
James M. Harville, President
11.22.24 P&SVRR License Agreement
By
By
Marcus Ferrill, Secretary
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01/14/2025 Item No.10.
LICENSE AGREEMENT
FOR
EXCURSION RAIL OPERATIONS
EXHIBIT A
EXCURSION SERVICE OPERATING PLAN
Useful Definitions:
'Maintenance-of-Way (MoW)' is the repair and maintenance of railroad infrastructure. 'Milepost (MP)' A wayfinding fixture on most railroads. The SPTC uses the historic Southern Pacific Railroad numbers, which denote the rail miles from One Market Street, San Francisco. 'Motorcars' are defined as smaller vehicles not restricted by weight from the right-of-way in its current condition. Typically former Maintenance-of-Way vehicles, these include the Weyerhauser 'skagit' Motorcar #30 and similar pieces of equipment, and can be as small as a2 seat inspection car.
'Trains' are defined as standard railroad equipment, including but not limited to locomotives, passenger coaches and freight cars (either converted to passenger service or used for Maintenance-of-Way). This equipment typically requires a slightly higher track maintenance standard for passenger service.
'Xing' Shorthand for an at-grade railroad crossing of a public or private road or trail.
Important Locations and their Abbreviations:
Location Abbreviation Milepost
Folsom Junction/Wye FJ ttt.2
East Bidwell Street Xing EB t13.7
Willow Springs Station WS 113.7
Oak Ave Parkway Xing OP 114.4
Iron Point Road Xing IP 116.0
Hampton Station HS 116.4
White Rock Road Xing WR 118.0
County Line CL 1t9.4
Wetzel-Oviate Spur wo 120.4
Deer Creek Xing DC t22.5
Latrobe Road Xing LR 126.1
Latrobe Whistestop LW t26.4
11.22.24 P&SVRR License Agreement
20
01/14/2025 Item No.10.
Operating Segments:
Operating Schedule:
The anticipated operating tempo for this license term is between 40 and 60 days annually Regular revenue operations will be conducted on weekends in Segment 4, between Hampton Station (MP 116.4) and County Line (MP 119.4). These operations will be a mix of motorcar andlor train excursions, depending on the season, weather conditions, and customer demand. In addition to regular hourly excursions, Segment 4 may also be the venue for school field trips, occasional Dinner Trains, and select Holiday Trains. Hampton Station is also the site of our annual RailFest celebration.
A variety of events will also be held in Segment 2 (MP 113.7-MP 114.4), under the special events clause of the license agreement (Sctn. 2.1.3), and are approved using the City of Folsom's Special Event process. Typical of these are popular programs such as our Mother's Day Brunch, Pumpkin Patch Flyer, and Santa's Whistlestop Adventure.
Events within Segment 5 (MP 119.4-126.4) are also governed under Sctn. 2.1.3 of the license agreement, and a special event permit must be obtained for those events from the County of El Dorado. The departure point for these events might be Hampton Station, White Rock Station, or another location within El Dorado County previously approved by both the County of El Dorado and the JPA, per Sctn. 2.1.4 of the License Agreement.
Excursions in this segment may include offerings such as the Deer Creek Flyer, Cothrin Comet, and Latrobe Breakfast Special.
Consistent with past approvals, P&SVRR requests the JPA and Member Agencies acknowledge and approve the following locations as established boarding points:
Willow Springs Whistlestop (ivtP 113.7 - Segment 2)
Oak Station (MP 114.4 - Segment 2)
Hampton Station (IvtP 116.4 - Segment 4)
White Rock Station (I\IIP 118.0 - Segment 4)
11.22.24 P&SVRR License Agreement
Segment
No.
From
Milepost
To
Milepost
Approved Operations
1 111.2 (FJ) 113.7 (EB) Non-Revenue moves/maintenance
2 113.7 (EB) 114.4 (oA) Revenue Operations (special events only - Sctn.
2.t.3
J tt4.4
(oA)
116.4 (HS) Non-Revenue equipment moves/maintenance only 4 116.4 (HS) 119.4 (CL) Revenue scheduled service
5 11e.4 (cL) 126.4 (Lw) Revenue Operations (special events; light - Sctn. 2.1
2t
01/14/2025 Item No.10.
Aerodrome Whistlestop (MP 119.3 - Segment 4)
Cothrin Station (MP 123.1 - Segment 5)
Latrobe Station (MP 126.1 - Segment 5)
Latrobe Whistlestop (MP 126.4 - Segment 5)
Capital Improvements:
P&SVRR has plans to complete the following capital improvement projects during this license term. The listed capital improvements may be performed by P&SVRR only with the wriffen permission of the JPA and the respective member agencies:
o Install o'run-around" sidings at Hampton Station and County Line o Construct Hampton Station to City of Folsom standards The following capital improvements may also be performed by P&SVRR if and only if they are authorized by the El Dorado County Board of Supervisors at any point during the term of this license agreement:
. Upgrade track and bridges to FRA Class 1 standard between County Line and Latrobe o Repair Shingle Lime Mine Gap to allow equipment exchange with El Dorado Westem RR
o Construct Latrobe Station to El Dorado County standards o Install crossing gates, signs and markings at Latrobe Road crossing The listed capital improvements may be performed by P&SVRR only with the written permission of the JPA, the respective member agencies, and the property owner:
o Conduct planning and design of a service/storage facility south of White Rock Road Notwithstanding the foregoing, and due to the suspension of excursion service through the Folsom Plan Area (MP 116.5 - MPl17.9), no Excursion Service of any kind shall be permitted on that portion of the License Property unless and until:
1. The JPA has received written confirmation from the Federal Railroad Administration (FRA) that the track through that portion of the License Property meets current FRA Class I standards, and specifically that the defects identified in the FRA Inspection Report, dated April 16,2021, have been corrected and Excursion Service on that section is cleared to resume.
2. The JPA has received written confirmation from the California Public Utilities Commission (CPUC) that (a) the track through that portion of the License Property meets current FRA Class 1 standards, (b) the defects identified in the CPUC Railroad Safety Inspection Report, dated April 22,202I, have been corrected and (c) all road crossings in that portion of the License Property have adequate crossing protection, or that an
11.22.24 P&SVRR License Agreement
22
01/14/2025 Item No.10.
alternative alrangement for the protection of said crossings has been approved by the CPUC, the JPA, and City of Folsom. The JPA andlor the City of Folsom may, but shall not be required to, seek to cause crossing arms or other protection to be installed in said crossings at no cost to the JPA or the City of Folsom.
Both parties understand that CPUC approval of any alternative affangement for such crossings is temporary in nature and that, for excursion service to continue in that portion of the License Property, the Type 9 Crossing Protection called for in the original CPUC approval needs to be installed in a timeframe acceptable to CPUC. If for any reason that timeframe cannot be met, the JPA and/or City of Folsom may suspend this License Agreement indefinitely under the provisions of Section7.2.l.
Copies of both inspection reports have been affached to this Exhibit A on the following pages
11.22.24 P&SVRR License Agreement
23
01/14/2025 Item No.10.
11.22.24 P&SVRR License Agreement
FRA/CPUC INSPECTION REPORTS
24
01/14/2025 Item No.10.
lnspector's Nome
Pendlcton,'timothy M.
Insoector's Sienature lD No
68160
Rcport No,
33 Date
2021
mm
04 dd
l6
Railroad/Company Nurc & Addrcss
PLACERVILLE AND SACRAMIINTO VALLEY RR, INC.
50 Natoma Strect
Folsom CA 95630
R/{t
R
Drvlsron
SYS'TEM
RR/Co. Rcprcscnlatrvc {l(ccclpt Ackrowlcogad,
Nanrc Mark Rackovan
f itlc Cily OlFolsom
.Email mrackovan@folsom,ca.us
Signatuc
RR/Co.
Codc
PSVR
Subdivision
SYS'I'EM
lironr:
City I'OLSOM tod"t lloo Dcslination City & County Codcs From l-atiludc State CA 06 citv FoLsoM I 300 Ftom Longitude
County SACIiJAMENTO c06? COUNTY SACILAMI.]NTO c067 To Latitudc Milc Post: From 0l 16.40 ro 0119.40 Inspecrion Point WALK AND MOTOR CAR MAIN TRACK To Loogiilde Activity
Codc: MTW MTH
Unib: 2
Sub Units: 0 0
ltcm
I
lnitials/Milspost
0l16.55
# CT-R/ Spccd lJlSitc
M M 213 0l2l C1 l0 N N
Fof
0Cc.**+
I
Activity
Codc
MTW
Description
CENTER CRACKED OR tsROKEN JOINT BAR (JOINTED TMCK).
Next to trike crossing
Applicd Rcrnovcd lluzord Clars IJNAA ID
Violalion Rccommcndcd lvcs M*o
Writtcn Notilication to
FRA of Remedial Action is: f]Rcquircd MOptionat
Railroad Action Codc Datc(mm/dd./yyyy): Comments on back? Itcm
2 lepost ll
0l16.70 M
'[yp{:tKiild
M
49 CFR/
us(:
2t3
l)ulsl
0109
Subrulo
B2
Speed
l0
Clms lrain lllSite SN-FR*
N
RCI-r*
N
/l ol-
occ..**
I
A ctivity
Code
MTW
Description
CROSSTIES NOT EFFECTIVELY DISTRIBUTED TO ST'PPORT A 3g-FOOT SECMENT OF TRACK, App)icd Rcmovcd lhmrd Class UNA]A ID
Violation Rccommcndcd lvcs Et{o
Latitudc:
Writtcn Notificalion to
FRA of Remedial Action is: Incquircd Mclptionat
Raiiroad Action Codc Date (nrm/dd./yyyy): Comments on bcck?
DEPARTMENT OF TRANSPORTATION
}.'tsDERAL RAILROAD ADMINISTRATION (FRA) INSPECTION REPORT OMB Approval No.: 2130-0509 Pagc I o{ 2
.'llcl.-RcnDIc ConlRrl I-ocomorivc +r'd of ()cc.-Numbcr of OccurrcnrcaI?ORM FRA F 6l 80 96 (Rcviscd 07/14)'sN['R-Spcciul Nnticc for Rcpairs RAILROAD/COMPANY COPY
01/14/2025 Item No.10.
DEPARTMENT OF TRANSPORTATION
FEDERAL RAILROAD ADMINISTRATION (FRA)
lnspcclo/s lD No.
68160
Rcpon No,
33 Rcpod Datc
4t16t2021
INSPECTION REPORT OMB Approval No.: 2130-0509(Coniinuation)
+aRcl,-RcmolcConlrol Lmomotivu ri+l, of ()cc-NumbctolOccwcnccs N
RCL*i #of
MTW
vity#/Sitc
Nl0
Speed
I0109 B3M 2r3
CFR/fl
M3 0116.80
EFFECTIVESUPPORTTIESWITHINTHEPRESCRIBEDDISTANCEFRoMAJOINT also a clustet ofdefeclive ties at this location.
ll)lnznJ ClassRemovedSeal Applied
Recommcnd€d f]ves Mtu
Commcnts on back?Datc(mm/dd/yyyy);
f]nequired Tloptionstof Remedial Action is:
Aclivity
Codc
N N
of
0 #/Silc
USC
C]FR/ Dcfcctfl
4 Initials/Milepost
to be in non undcrnsw
Comme[t *tlRailroa<VCompanY[* willit bewanns PSVRand resullresAswork. weather up operationstheducballast constructionloarestretches shoulderwithoutforlocations long with F'RA and CPUC standards and is
to dump ballast on all empty shoulder locations.
It)llrard ClassRemovcdApplicd
Longinrdc:Violation Rccornmcndcd [vcs M*o
Railroad Action Codc Corunccts on back?Darc(midd/yyyy):
l-l itcquircrl M optionatWritten Notification to
of Remedial Action is
IORM FM F 6180 96 (Rcviscd 0?/14)'SNFR-Spccial Nolice for Rrf'airs RAILROAD/COMPANY COPY
01/14/2025 Item No.10.
CPUC Railroad Safety lnspection Report
California Public Utilities Gommission
Railroad Operations and Safety Branch
Printed: 0412312021
Design Rev: 10/01/2019
Record lD: GOIN 2021040032
Report lD: 4
Last Edit: 0412312021
Lcad lnepector Casey Cova Record lD GOtN 2021040032
ln$pector
Slgnaturc
lnspection Date 0412212021
Railroad lnformatlon
RR/CO Rep. Name Mark Rackovan Rallroad lD RRSPJX
RR CO Rep. Title Chief Executive Officer,
Sacramento-Placervil le
Railroad Name Sac-Placerville JPA
RR/GO Rep.
Slgnature
Addrcgr 9451 ATKINSON STREET
ROSEVILLE,95747
PriFary or Startlng Location Secondsry or Endlng Location City Folsom Clty Folsom
County Sacramento Gounty Sacramento
Dlvlsion or Line Placerville Division or Line Placerville Subdivislon or Line Subdlvlslon or Llne
Mllepoot 116.50 Milepost 1 17.90
lnepectlon Notes
CPUC crossing inspectors Stewart and Cova performed a walking inspectlon between mp 1 16.5 and mp 1 17.9 Actlvity Gode
1 18A 26D
Activlty Unlti 3 3
Itcm MP Activlty Code Defect Gode Defect il Occ.
Remedial
Action
Cltation
Recommended
1 1 16.5 118A : INSPECTIONS ON
WALKWAYS
104:WALKWAY
SLOPE IS EXCESSIVE,
A GRADUAL SLOPE
NOT TO EXCEED ONE
INCH TO EIGHT
INCHES
Yes I Yes No
Track No. / Name I Crocslng
Bike path road crossing
Description of Defects or Commente
01/14/2025 Item No.10.
from lracks and road crossing in the walkwaYDrain installed near tracks has created an excessive s ActlonDcfcct # Occ.Defect CodeGodeMP
Yes NoYes
SLOPE IS EXCESSIVE,
A GRADUAL SLOPE
NOT TO EXCEED ONE
INCH TO EIGHT
INCHES
1042 117 S
WALKWAYS
118A:lNS
Track No. / Name / Grosslng
116.5-1 7
Descrlption of Defects or Gomments
hazard increate a trinage d walkwayalong
Defect # Occ.Defect GodeMP Activity CodeItem
Yes NoYesROUGH
UNEVEN SURFACE
CREATES A TRIPPING
HAZARD
ON
WALKWAYS
8A: INSP3
Track No. / Name / Crossing
Creek road crossing
Descrlption of Defects or Comments
create a tripping hazardCurb, drain,exPosed utilitY boxes and crossing Pads not lal
Action# Occ.Defuct GodeCodeItcm MP
Yes No1Yes
UNEVEN SURFACE
CREATES A TRIPPING
HAZARD
02 : ROUGH AND11
WALKWAYS
IN NS ON4
Track No. / Name / Crossing
irie road crossingGrand
Oescription of Defectr or Gomments
and crossing pads not filled in create a tripping hazard.Curb, drain, exposed utility boxes Printed: A412312021
Design Rev: 10/0'1/2019
Record lD: GOIN 2021040032
Report lD: 4
Last Edit: 0412312021
01/14/2025 Item No.10.
Itcm MP Acllvl$ Codc Defect Code Dofcct * Occ.
R.m.dld
Actlon
Cltatlon
Recommended
5 118A : INSPECTIONS ON
WALKWAYS
102 : ROUGH AND
UNEVEN SURFACE
CREATES A TRIPPING
HAZARD
Yes 1 Yes No
Track No. / Namc I Grooslng
Mangini road crossing
Description of Deficcts or Gommentc
Curb, exposed utility boxes and crossing pads not filled in create a tripping hazard.
Item MP Actlvlty Code Defect Code Defcct # Occ.
Rcmcdlal
Actlon
Gltatlon
Recommonded
6 26D: INSPECTIONS ON
CLEARANCES ISSUES
201 : STRUCTURES
IMPAIR THE SIDE
CLEARANCE
CREATING A
CONTACT HAZARD
Yes 1 Yes No
Track No. / Name / Grosslng
Grand Prairie road ng
Dercrlption of Defects or Commgnts
Sign post installed within 8'6" creates a contact hazard.
Printed: 0412312021
Design Rev: 10/01/2019
Record lD: GOIN 2021040032
Report lD:4
Last Edit:0412312021
01/14/2025 Item No.10.
l
_..
Drain installed next ta trdcks creotes an excessive slope in wolkway' Shoulders cut oll ties for droinoge creote o tripping hazord in the wolkway'
01/14/2025 Item No.10.
_.-
New crossings instolled ueote multiple tripping hozords in the wolkway (roised utility boxes, curb roised obove sidewalks and roadway, crossing pads not filled in with ballost, and lorge rocks)
01/14/2025 Item No.10.
Sign post instolled within 8' 6" of trcck centet creates a contoct hazatd'
01/14/2025 Item No.10.
STATE OF CALIFORNIA Gavin Newsom, Govamor
PUBLIC UTILITIES COMMISSION
180 Promssde Circlo, Suite 115
Sacramsnto. CA 95834
April27,2027 File: CORS2021040001
Mark Rackovao, P.E.
Engineering Operations Manager
City of Folsom
50 Natoma Street
Folsom, CA 95630
Re: New Rail crossings over PSVRR tracks in the City of Folsom Dear Mr. Rackovan:
On April 22,2027,I performed an inspection of the City of Folsom (City) crossings ovcr Placerville and Sacramento Valley Railroad (PSVRR) tracks that were approved by the Califomia Public Utilities Commission (CPUC/Commission) in Applications (A).15-04-005, l5-04-006, and 15-04-007. A.l5- 04-004 was also apptoved by the Commission but the crossing has not been conshucted.
Results and recoilimendations from my inspection are listed below.
4.15-04-005 - Approved as "C" Street, named Grand Prairie. CPUC Crossing Number (lrio.) 130AH-117.40 and US Department of Transportation (DOT) No. 968335R. a. Missirg rcquired Commission Standard 9 warning devices. b. Missing RXR and stop bars pavement markings.
c. Missing Emergency Notification System (ENS) signs.
d. Tripping hazald in northeast and southeast quadnnts.
A.15-04-006 - Approved as *A" Street, named Mangini Parkway. CPUC Crossing No. 1 30AH-1 17 .7A andDOT No. 968334J.
a. Missing required Commission Standard 9 warning devices. b. Missing RXR and stop bars pav€ment markings.
c. Missing ENS signs.
d. Tripping hav.atd in northeast and southeast quadrants- e. Missing Califomia Manual on Unified Traffrc Control Devices (CAMUTCD) Wl0-3 Advanced warning signs on both approaches of Old Placerville Road.
A.15-04-007 - Apptoved as o'Easton Valley Parkway" Street, named Alder Creek. CPUC Crossing No.130AH-117.00 and DOT No. 968332V.
a. Missing required Commission Standard 9 waming devices. b, Missing I{XR and stop bars pavernent matkings.
c. Missing ENS signs.
d. Tripping hazard in northeast and southeast quadrants. e. Missing CAMUTCD Wl0-1 Advanced warning signs in westbound direction.
A.
B
C
01/14/2025 Item No.10.
Mark Rackovan, P.E.
coRs202r0400l
Ap'ii]l27,2021
The unregistered trail crossing needs to be olosed. Commission staff recommends that the City incorporate thc trail crossing into the design of the proposed New Placerville Road crossing for both crossings Commission approval.
These crossings need to be brought into compliance with the CAMUTCD and OOs 26-D, 75-D, and I 1 8-A as soon as possible. Please prepare a schedule to remedy these conditions and respond to the CPUC within 15 days of receipt of this letter.
If you have any questions, please f'eel free to contact me at (916) 928-2515, Sincerely,
0&
David Stewart
Utilities Engineer
Rail Crossings & Engineering Branch
Rail Safety Division
Cc:
Tim Pendleton, FRA
Casey Cova, CPUC
01/14/2025 Item No.10.
LICENSE AGREEMENT
FOR
EXCURSION RAIL OPERATIONS
EXHIBIT B
Operatins Goals
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 P&SVRR's target goals and actual numbers achieved for the following performance measures:
a. Ridership
b. Revenue
c. Capital improvement progress
d. Track maintenance progress
2. If the JPA chooses at any time to obtain an independent track inspection, the JPA will provide P&SVRR prior notice of the date and time of any such inspection. If that inspection results in a Corrective Action Plan to prioritize and guide track maintenance, P&SVRR agrees to incorporate any Corrective Action Plan approved by the JPA into its maintenance schedule.
3. During the term of this agreement, P&SVRR agrees to provide JPA staff current copies of all applicable P&SVRR Operating Rules, Timetables, General Orders, and Special Instructions that govern P&SVRR operations, and to also provide any applicable amendments, revisions, or changes to same as they occur. P&SVRR will also provide links to all online training and testing materials used by P&SVRR, and assist JPA staff in the navigation and understanding of same. Furthermore, P&SVRR will endeavor in good faith to keep JPA apprised of any relevant changes to the General Code of Operating Rules (GCOR), FRA/CPUC regulations, and any other Laws, regulations or guidelines that may apply to P&SVRR operations.
11.22.24 P&SVRR License Agreement
25
01/14/2025 Item No.10.
I ,.\ I ,.:-il i :t:\'f
Folsom City Council
Staff rt
RECOMMENDATION / COUNCIL ACTION
Staff recommends the City Council approve Resolution No. 1132I - A Resolution Initiating Proceedings for the Formation of a Landscaping and Lighting Assessment District to be known as the Natoma Station Maintenance Assessment District No. 2025-1.
BACKGROUND / ISSUE
This action is for authoization to prepare the reports that will address the formation of a new landscaping and lighting district for the area known as Natoma Station. The new district would become Natoma Station Maintenance Assessment District No. 2025-1. If approved by a vote of the property owners, the new district would replace the existing Natoma Station Landscaping and Lighting District.
The Natoma Station Landscaping and Lighting District (District) was formed in 1990 and is one of the older districts within the City. There has not been an increase in the assessment since its formation and there is no escalator authorized on the assessment as well. There are 1272 single-family dwelting units within the district, and it was formed to maintain the landscaping and associated improvements along Iron Point, Blue Ravine, Turnpike, Black Diamond, and Natoma Station, as well as the subdivision's streetlights, landscape lighting, irrigation systems, open space, monument entry signage, soundwalls, and mini parks. To comply with Proposition 218 pertaining to new or increased assessments, the City's engineer for assessment district proceedings, NBS Government Finance Group, recommends the formation of a new landscaping and lighting district to fund the improvements and services that will convey a special benefit to the district's residents. The proposed district, which will replace the existing 1 MEETING DATE: U1412025
AGENDA SECTION: Consent Calendar
SUBJECT: Resolution No. 11321 - A Resolution Initiating Proceedings for the Formation of a Landscaping and Lighting Assessment
District to be known as the Natoma Station Maintenance
Assessment District No. 2025-1
FROM: Parks and Recreation Department
01/14/2025 Item No.11.
district upon voter approval will cover the entire Natoma Station Landscaping and Lighting District.
POLICY / RIII,E
Formation of a new landscaping and lighting district is governed by the procedure set forth in Division 15, Part 2, Chapter 2, Sections 22585 et. seq. of the Streets and Highways Code.
ANALYSIS
Over the last several years, the City has been monitoring the revenue and expenses in the district. The current annual assessment of $91 .70 per single family equivalent (SFE) unit does not have an escalator built into it nor has it been increased since 1990. In addition, the current annual assessment rate has been unable to keep up with inflation or provide adequate revenue to maintain and service the improvements within the District.
The City initiated a public outreach program for the Natoma Station community with two public meetings that were held on June 17, 2022 and March 73, 2024. The intent of the meetings was to discuss the options and ideas for addressing the district's financial condition and develop a viable option that will ultimately be voted on and approved (or denied) by the property owners within the District.
Staff presented four potential options for this district that are as follows: 1) Reduce level of service based on current funding; 2) create a new district that would just cover budget defici! 3) create a new district to address budget deficit and address some deferred maintenance; and 4) create a new district to cover deficit and address all deferred maintenance and provide some enhancements. There was thoughtful discussion to ensure those in attendance had their questions answered. As a result of these two public meetings, those in attendance were supportive of Option 4. As such, this will be the preferred option to appear on the ballot for the entire community to vote on.
The primary objective of forming a new district, which would have the same boundary as the existing district, is to specifically address deferred maintenance of the improvements within the district, plan for life-cycle replacements and repairs for years into the future and provide for an annual inflationary adjustment as needed. Such deferred items include outdated and un- centralized irrigation systems, replacement of missing landscaping, addressing tree care and implementation of water conservation measures such as replacing dead/dying trees and shrubs with water wise plantings, and LED streetlight retrofits. Should the new landscaping and lighting district be formed, it is proposed to complete many of the deferred maintenance improvements over the first few years as well as embark on the phased replacement plan for the older landscape areas.
The City has successfully created six new overlay districts with similar objectives and a similar process within the last fourteen years for American River Canyon North No. 3 created in2007 , Blue Ravine Oaks No. 2 created in2011, Folsom Heights No. 2 created in2013, Broadstone No. 4 created in2015, Willow Creek Estates East in 2017, and Prairie Oaks Ranch No. 2 in 2021. These past assessment districts were overlay districts in addition to the original district. 2Page 102
01/14/2025 Item No.11.
This district is proposed to replace the original district, this will allow us to reduce the costs of engineers reports annually and work from one appropriately funded budget for all district assets. The attached resolution proposes the initiation of a formation proceeding for a new landscaping and lighting district and directs the engineer to prepare and file the report outlining the proposed assessment.
The next steps are preparation of the Preliminary Engineer's Report scheduled for City Council on January 28, 2025, and the mailing of a notice which contains information about the formation of the proposed district and the levy proposed, as well as the time and place of the public hearing. The notice along with a ballot will be mailed to all property owneffi on or around February 7,2025. The Final Engineer's Report is scheduled for public hearing on March 25,2025. Prior to the approval of the Final Engineer's Report, the ballots received will be counted which is a process overseen by the City Clerk and open to the public. If there is not a majority protest, which is 50%+1 of the ballots received, then the City Council may adopt a resolution to approve the Final Engineer's Report and order the improvements and formation of the new district.
FINANCIAL IMPACT
There will be a small fiscal impact to the general fund to provide for the proportion of the district that provides a general benefit, the majority of the costs associated with this district will be borne by the district and for the benefit of the district residents.
ENVIRO AL REVIEW
The formation of a financing district maintaining and servicing existing landscaping and lighting improvements is not a project under the California Environmental Quality Act. No environmental review is required.
ATTACHMENT
1. Resolution No. 11321 - A Resolution Initiating Proceedings for the Formation of a Landscaping and Lighting Assessment District to be known as the Natoma Station Maintenance Assessment District No. 2025-1.
Submitted,
Kelly G onzalez, Director
Parks & Recreation Department
aJ Page 103
01/14/2025 Item No.11.
RESOLUTION NO. 1I32I
A RE,SOLUTION INITIATING PROCEEDINGS FOR THE FORMATION OF A
LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT TO BE KNOWN AS THE NATOMA STATION MAINTENANCE ASSESSMENT DISTRICT NO. 2025.1 WHEREAS, the City of Folsom desires to form and levy annual assessments for the Natoma Station Maintenance Assessment District No. 2025-I ("District"), pursuant to the Landscaping and Lighting Act of 1972 (Part 2 of Division 15 of the California Streets and Highways Code) (hereafter referued to as the "Act") that provides for the levy and collection of assessments to pay the maintenance, operation and servicing of all improvements and facilities related thereto in the District; and,
WHEREAS, the City Council determines that the properties within the District boundaries will be specifically benefitted by the maintenance and servicing of said improvements; and
WHEREAS, once formed, the District will replace the existing Landscaping and Lighting District known as the Natoma Station Landscaping and Lighting District; and WHEREAS, the City of Folsom desires to retain an engineer of record to prepare an engineer's report for the purpose of assisting with the formation and annual levy of the District, and to prepare and file an engineer's report with the City Clerk in accordance with the Act.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Folsom as follows
1. Proposal: The City hereby proposes the formation of the District pursuant to the Landscaping and Lighting Act of 1972, and the levy and collection of assessments, for the purpose of installing, servicing, and maintaining the improvements described in Section 3 below.
2. Ensineer ts Renort: The City Council hereby designates and appoints NBS Government Finance Group (NBS) as its engineer of record and orders NBS to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Act.
3. Proposed improvements; Generally, the improvements within the District may include, but are not limited to:
(1) the maintenance, operation, and servicing of street trees and other landscaping throughout the boundary of the District including but not limited to: groundcover, turf, trees, weed and pest management; shrubs, planters, street medians in the public right of way as well as open space, trails and green belt areas dispersed throughout the District; and may also include sidewalk and hardscape Improvements, entry monuments and associated appurtenant facilities. Eligible District costs may include, but are not limited to, personnel, furnishing electrical energy, utilities such as water, refuse and gas, materials, Resolution No. 11321
Page I of4 Page 104
01/14/2025 Item No.11.
contacting services, and other items necessary for the satisfactory operation of these servlces;
(2) the maintenance, operation, and servicing of street lighting including theme light poles, ornamental lighting and other appurtenant facilities in the public right of way areas throughout the boundary of the District. The Improvements are generally described as:
maintenance, operation, and servicing of public street lighting facilities, including all works or improvements used or useful for the lighting of any public places, including ornamental standards, luminaires, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, braces, transformers, insulators, contacts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances;
(3) the maintenance, operation, and servicing of Public Art within the District. Costs include, but are not limited to, personnel, supplies, contracting services, and other expenses necessary for the satisfactory maintenance of these art pieces located at village entries and mini parks.
4. District designation: The proposed District shall be designated as Natoma Station Maintenance Assessment District No. 2025-1, City of Folsom, Sacramento County, California, and shall include that certain real property situated in the City generally shown and identified in Exhibit A attached to this Resolution.
PASSED AND ADOPTED this 14th day of January 2025, by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Sarah Aquino, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 11321
Page2 of 4 Page 105
01/14/2025 Item No.11.
EXHIBIT A
Resolution No. 11321
01/14/2025 Item No.11.
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ASSESSMENT DIAGRAM
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NATOMA STATION MAINTENANCE ASSESSMENT DISTRICT NO. 2025.1
CITY OF FOLSOM
COIJNTY OF SACRAMENTO
STATE OF CALIFORNIA
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Resolution No. 11321
01/14/2025 Item No.11.
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CITY OF
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01/14/2025 Item No.11.
MEETING DATE:
AGENDA SECTION:
SUBJECT:
FROM:
Folsom City Council
Staff Re ort
1/14/2025
Public Hearing
Alder Creek West Large Lot Tentative Subdivision Map Project- Vicinity of White Rock Road and Oak A venue Parkway in the Folsom Plan Area (SUBPM24-00233)
I. Resolution No. 11318 - A Resolution Determining that the Alder Creek West Large Lot Tentative Subdivision
Map Project is Exempt from CEQA and Approving
Said Large Lot Tentative Subdivision Map
Community Development Department
RECOMMENDATION I CITY COUNCIL ACTION
Staff forwards the Planning Commission's recommendation that the City Council take the following action:
1. Approve Resolution No. 11318- Determining that the Alder Creek West Large Lot Tentative Subdivision Map Project is Exempt from CEQA and Approving Said Large Lot Tentative Subdivision Map
BACKGROUND I ISSUE
The applicant, Rick Jordan representing Hillsborough North, LLC, is requesting approval of a Large-Lot Tentative Subdivision Map (LLTSM or Large-Lot Map) to subdivide two (2) parcels totaling 362.8 acres in size into nine (9) individual parcels for future sale and development. The existing parcels are located north of White Rock Road and both east and west of Oak A venue Parkway in the Folsom Plan Area Specific Plan (FPASP or Specific Plan). The location of the project is shown in Figure 1 below and the Large Lot Map is shown in Attachment 4.
01/14/2025 Item No.12.
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FIGURE 1: Project Vicinity Map
No development rights are sought with the proposed LLTSM. No land use changes or modifications are proposed with this project. Most proposed large lots correspond with the boundaries of the Specific Plan Land Use Plan (FPASP Figure 4.3), except for proposed Lot 1, which encompasses multiple Specific Plan Land Use designations, as shown in Table 1, below.
TABLE 1: LAND USE SUMMARY
Project Summary
Parcel # Land Use Acres (Net)
1 sP-sF/ sP-sFHD/ SP-MLD/ SP-PQP/ SP-P 169.l
2 SP-SFHD 16.s
l SP-PQP 60.6
4 SP-OS 4.8
5 SP-OS 4.2
6 SP-OS 88.7
7 SP-OS 17.5
8 SP-OS 1.2
9 SP-P 0.2
Total 362.8
The applicant states that future small lot maps will be consistent with the approved Land Use Plan.
If needed, General Plan and/or Specific Plan Amendments will be sought to bring the land uses and parcel lines into conformance. Staff also wish to note that propos edLarge Lots #8 and #9 are
01/14/2025 Item No.12.
extremely small due to discrepancies in the existing parcel lines and Specific Plan Land Use designations. The applicant anticipates that these two proposed large lots will be merged with adjacent Open Space and Parks lots, which will then be transferred to the city.
The Planning Commission considered this project at its December 18, 2024, meeting and unanimously recommended City Council approval.
POLICY / RULE
The Folsom Municipal Code (FMC) requires that applications for Tentative Subdivision Maps be forwarded to the City Council for final action. City Council actions regarding Tentative Subdivision Maps are covered under Section 16.16.080 of the FMC'
ANALYSIS
General Plan and Zoning Consistency
The 362.8-acre project site has multiple General Plan land use designations including:
o SF (Single-Family)
o SFHD (Single-Family High Density)
o MLD (Multi-Family Low Density)
. P (Parks)
. OS (Open Space)
o PQP (Public and Quasi-Public Facility)
In addition, the project site has multiple Specific Plan designations including:
o SP-SF-PD (Single-Family Residential-Planned Development) o SP-SFHD-PD (Single-Family HighDensity-PlannedDevelopment) o SP-MLD-PD (Multifamily Low Density-Planned Development) o SP-P (Parks)
o SP-OSI (Preserve Open Space)
o SP-OS2 (Passive Open Space)
o SP-PQP (Public/Quasi-Public)
The existing General Plan and the Specific Plan land use designations are consistent with each other and are not proposed to change as part ofthis project.
As no development is proposed with this specific application, the only relevant development standard applicable to the subdivision map is minimum lot area. The minimum required lot area for these properties ranges from 3,000 square feet for MLD- designated parcels up to 7,000 square feet for SF-designated parcels, with no minimum lot size requirements being applicable to the OS, P, or PQP parcels. Staff has determined that the proposed project meets the minimum lot area requirement as all nine of the newly created parcels exceed the minimum lot size requirement based on their individual Specific Plan designations. In addition, staff has determined that the
01/14/2025 Item No.12.
proposed project will not conflict with any known applicable plans or policies by agencies with jurisdiction over the project or the project site.
Large-Lot Tentative Subdivision Map
The primary purpose of the proposed project is to accommodate the sale, lease, and financing of the newly created large lots in accordance with the requirements of the Subdivision Map Act and designated land use as identified in the FPASP. No development rights are being requested, and to that effect, there is a note on the Large-Lot Tentative Subdivision Map stating so. Large lots with multiple land use designations exist throughout the FPASP; it is with individual small-lot tentative maps that the smaller lots are created to be consistent with the FPASP land use boundaries' Processing and approval of a Small-Lot Tentative and Final Map and/or Planned Development Permit applications or other appropriate entitlements will be required prior to grading, construction, or any development of the parcels created by this Large-Lot Map.
Staff has determined that the proposed Large-Lot Tentative Subdivision Map complies with all City requirements Munici lEX4ql, Chapter 16.16), as well as with the requirements of the State Subdivision Map Act (Govemment Code Sections 66410 et seq.).
FINANCIAI,IMPACT
No financial impact is anticipated with the approval of the Large-Lot Map as the project will not result in any changes to the total number of residential units within the FPASP.
ENVIRO AL REVIEW
Projects that are consistent with a specific plan as well as the existing General Plan and zoning are exempt from fuither environmental review unless there are new or more severe environmental effects that areunique to the project site and were not previously analyzed in a prior environmental document. The City has determined that the proposed project is consistent with the FPASP. Staff also determined that the project would not result in any new or more severe environmental effects that which were not previously analyzedin the FPASP EIR/EIS. As a result, the Alder Creek West LLTSM project qualifies for the exemptions in Public Resources Code section 21083.3 and CEQA Guidelines sections 15182(c) and 15183.
ATTACHMENTS
1 . Resolution No. I 13 18- A Resolution Determining that the Alder Creek West Large Lot Tentative Subdivision Map Project is Exempt from CEQA and Approving Said Large Lot Tentative Subdivision MaP
2. Planning Commission Staff Report, dated December 18,2024
3. Vicinity Map
4. Alder Creek West Large-Lot Tentative Subdivision Map, dated September 23,2024
5. Project Narrative, dated December 4,2024
01/14/2025 Item No.12.
Submitted,
PAM JOHNS
Community Development Director
01/14/2025 Item No.12.
ATTACHMENT 1
A Resolution Determining that the Alder Creek West Large Lot Tentative Subdivision Map Project is Exempt from CEQA and Approving Said Large Lot Tentative Subdivision Map
01/14/2025 Item No.12.
RESOLUTION NO. 11318
A RESOLUTION DETERMINING THAT THE ALDER CREEK WEST LARGE LOT
TENTATIVE SUBDIVISION MAP PROJECT IS EXEMPT FROM CEQA AND
APPROVING SAID LARGE LOT TENTATIVE SUBDIVISION MAP
WHEREAS, the Planning Commission on December 18, 2024, held a public hearing on the proposed Large-Lot Tentative Subdivision Map, considered public comment and found that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Sections 15182 and 15183; and
WHEREAS, the Planning Commission on December 18, 2024, held a public hearing on the proposed Large-Lot Tentative Subdivision Map, considered public comment and, based on the proposed configuration of the nine (9) large-lot parcels, determined the proposed subdivision complies with all City requirements, as well as with the requirements of the State Subdivision Map Act; and
WHEREAS, notice has been given at the time and in the manner required by State Law and City Code; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the Alder Creek West Large Lot Tentative Subdivision Map Project is Exempt from environmental review under CEQA.
BE IT FURTHER RESOLVED that the Large-Lot Tentative Subdivision Map creating nine (9) large lots for the Alder Creek West Large-Lot Tentative Subdivision Map, as shown in Exhibit "A", is hereby approved.
This approval is subject to the conditions of approval attached as Exhibit "B" and this Resolution is based on the following findings:
GENERAL F'INDINGS
NOTICE, OF HEARING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.
THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND THE FOLSOM PLAN AREA SPECIFIC PLAN.
CEOA FINDINGS
THE CITY, AS LEAD AGENCY, PREVIOUSLY CERTIFIED AN
ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT
STATEMENT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN.
D. THE CITY HAS DETERMINED THAT THE ALDER CREEK WEST LARGE.LOT Resolution No. 1 1318
Page I of 15
A.
B.
C.
01/14/2025 Item No.12.
TENTATIVE SUBDIVISION MAP PROJECT IS CONSISTENT WITH THE FOLSOM PLAN AREA SPE,CIFIC PLAN.
THE CITY HAS DETERMINED THAT NONE OF THE CIRCUMSTANCES
DESCRIBED IN PUBLIC RESOURCES CODE SECTION 21166 OR CEQA GUIDELINES SECTION 15 162 GENERALLY REQUIRING THE PREPARATION OF A SUBSEQUENT EIR EXIST IN THIS CASE.
THE CITY HAS DETERMINED THAT THE PROJECT CREATES NO NEW
IMPACTS AND DOES NOT REQUIRE ANY MITIGATION MEASURES IN
ADDITION TO THOSE IN THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN. APPLICABLE MITIGATION
MEASURES FROM THE FPASP FEIR ARE APPLIED TO THIS PROPOSED PROJECT.
THE CITY HAS DETERMINED THAT THE IMPACTS OF THE ALDER CREEK
WEST LARGE-LOT TENTATIVE SUBDIVISION MAP PROJECT ARE
ADEQUATELY ADDRESSED BY THE FINAL ENVIRONMENTAL IMPACT
REPORT AND ENVIRONMENTAL IMPACT STATEMENT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN.
THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
SECTION 151S2(C) (RESIDENTIAL PROJECTS IMPLEMENTING SPECIFIC PLANS) AND lsl83 (PROJECTS CONSISTENT WITH A COMMTINITY PLAN,
GENERAL PLAN, OR ZONING) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES.
TENTA SIIRDIVTSION MAP F'INDINGS
THE PROPOSED LARGE-LOT TENTATIVE SUBDIVISION MAP IS
CONSISTENT WITH THE CITY'S SUBDIVISION ORDINANCE AND THE
SUBDIVISION MAP ACT IN THAT THE PROJECT IS SUBJECT TO
CONDITIONS OF APPROVAL THAT WILL ENSURE THAT THE PROJECT IS DEVELOPED IN COMPLIANCE WITH CITY STANDARDS.
THE PROPOSED SUBDIVISION, TOGETHER WITH THE PROVISIONS FOR ITS
DESIGN AND IMPROVEMENT, IS CONSISTENT WITH THE GENERAL PLAN,
THE FOLSOM PLAN AREA SPECIFIC PLAN, AND ALL APPLICABLE
PROVISIONS OF THE FOLSOM MTINICIPAL CODE.
K. AS CONDITIONED, THE DESIGN OF THE LARGE-LOT TENTATIVE
SUBDIVISION MAP AND THE PROPOSED IMPROVEMENTS ARE NOT
LIKELY TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE OR
SUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE OR THEIR HABITAT.
Resolution No. 1 l3 I 8
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01/14/2025 Item No.12.
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AS CONDITIONED, THE DESIGN OF THE LARGE-LOT TENTATIVE
SUBDIVISION MAP AND THE PROPOSED IMPROVEMENTS ARE NOT
LIKELY TO CAUSE SERIOUS PUBLIC HEALTH OR SAFETY PROBLEMS.
THE DESIGN OF THE LARGE-LOT TENTATIVE SUBDIVISION MAP AND THE
TYPE OF IMPROVEMENTS WILL NOT CONFLICT WITH EASEMENTS FOR
ACCESS THROUGH OR USE OF PROPERTY WITHIN THE PROPOSED
SUBDIVISION.
SUBJECT TO SECTION 66474.4 OF THE SUBDIVISION MAP ACT, THE LAND
IS NOT SUBJECT TO A CONTRACT ENTERED INTO PURSUANT TO THE CALTFORNTA LAND CONSERVATION ACT OF 1965 (COMMENCING WITH SECTION 51200 OF THE GOVERNMENT CODE).
pASSED AND ADOPTED this 14th day of January,2l25,by the following roll-call vote:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
N
AYES:
NOES:
ABSENT:
ABSTAIN:
Sarah Aquino, MAYOR
ATTEST:
Christa Freemantle, CITY CLERK
ResolutionNo. 11318
01/14/2025 Item No.12.
Exhibit A
Large-Lot Tentative Subdivision Map
Resolution No. 1 1318
01/14/2025 Item No.12.
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01/14/2025 Item No.12.
Exhibit B
Conditions of Approval
Resolution No. 1 1318
01/14/2025 Item No.12.
corlDrTroNs oF AppRovAL FoR THE ALDER CREEK WEST LLTSM PROJECT (SUBP24-00233) NORTII OF WHrTE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARr(WAY
LARGE-LOT TENTATIVE SUBDIVISION MAP
Mitigation
Measure
When Responsible
uired
GENERAL
1 Final Map
The applicant shall submit a Large-Lot Final Map to the Community Development Department that shall substantially conform to the exhibits referenced below:
1 . Alder Creek West Large-Lot Tentative Subdivision Map, dated September 23 ,2024 M, OG cD (EXP)
The Large-Lot Tentative Subdivision Map is approved for the creation of nine (9) individual lots (Alder Creek West Large-Lot Tentative Subdivision Map Project).
Implementation of the project shall be consistent with the above-referenced items and these conditions of
cD (EXP)M
90-Day Protest Period
The conditions ofproject approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d), these conditions constitute written notice of the amount of such fees, and a description ofthe dedications, reservations and other exactions.
The applicant is hereby notified that the 90-day protest period, commencing from the date ofapproval ofthe project, has begun. Ifthe applicant fails to file a protest regarding any of the fees, dedication requirements, reservation requirements or other exaction contained in this notice, complying with all the requirements of Government Code Section 66020, the applicant will be legally barred from later challenging such exactions.
2 Resolution No. 11318
01/14/2025 Item No.12.
coNDrTroNS oF AppRovAL FOR THE ALDER CREEK WEST LLTSM PROJECT (SUBP24-00233)
NORTH OF',WHITE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARKWAY LARGE-LOT TENTATIVE SUBDfVISION MAP
Responsible
Department
cD (EXP)
cD (PXEXB)
PW, PR, FD,
PD
When
Required
M
OG
No Development Rights
The approval of this Large-Lot Tentative Subdivision Map does not convey any right to develop. Processing and approval of a Small-Lot Final Map and/or Design RevieWPlanned Development Permit applications shall be required prior to grading, construction, or any development of the parcels created by this Large-Lot Tentative Subdivision Map.
As a condition of a subsequent Small-Lot Tentative Subdivision Map, the City shall identiff improvements necessary to develop the subject parcels. These improvements may include on and off-site roadways, grading, water, sewer, storm drainage, landscaping, soundwalls, and other similar improvements. lndemnity for City
The owner/applicant shall defend, indemnify, and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, employees, or legislative body concerning the project, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other applicable statutes of limitation.
The City will promptly notify the owner/applicant of any such claim, action or proceeding, and will cooperate fully in the defense. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur:
r The City bears its own attorney's fees and costs; and . The City defends the claim, action or proceeding in good faith The owner/applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the owner/applicant.
The owner/applicant's obligations under this condition shall apply regardless of whether a Final IS recorded with to this
Mitigation
Measure
3 4
Resolution No. 11318
01/14/2025 Item No.12.
CONDITIONS OF APPROVAL FOR THE ALDER CREEK WEST LLTSM PROJf,CT (SUBP24-00233) NORTH OF WHrrE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARKWAY
LARGE-LOT TENTATIVE SUBDTWSION MAP
Responsible
Department
cD (EXP)
cD (PXE)
cD (EXP)
cD (E)
cD (E)
cD(E)
When
Required
M
M
M
M
M
M
Street Numes
The Applicant shall use street names as shown in the Folsom Plan Area Specific Plan, and in the case of unnamed streets, select street names from the City's approved list or subsequently approved by the Planning Commission for the final subdivision map.
ARDA undAmendments
The owner/Applicant shall comply with all provisions of Amendment No. 1 to the First Amended and Restated Tier 1 Development Agreements with Oak Avenue Holdings, LLC and Hillsborough North, LLC and any approved amendments thereafter by and between the Citv and the owner/applicant of the proiect.
Public Right of lVay Dedication
As provided for in the Oak Avenue Holdings, LLC and Hillsborough North, LLC Amended and Restated Tier 1 Development Agreements (ARDA) and Amendment No. 1 thereto, and any approved amendments thereafter, at recordation of Final Map the owner/applicant shall offer to dedicate all public rights-of-way such that public access is provided to each and every lot as shown on the Large-Lot Tentative Subdivision Map.
Public afiUA Eusements
The Owner/Applicant shall dedicate public utility easements for underground facilities on properties adjacent to public and private streets. A minimum of twelve and one-half- foot (12.5') wide Public Utility easements for underground facilities (i.e., SMUD PG&E, cable television, telephone) shall be dedicated adjacent to all public and private street rights-of-way. The owner/applicant shall dedicate additional width to accommodate extraordinary facilities as determined by the City. The width of the public utility easements adjacent to public and private right of way may be reduced with prior approval from public utiliW companies.
FMC Compliance
The Final Large-Lot Map shall comply with the Folsom Municipal Code and the Subdivision Map Act.
Single Phase
The Final Large-Lot Map shall be recorded in one phase.
Mitigation
Measure
5 6.
7 8.
I
1 0
Resolution No. 11318
01/14/2025 Item No.12.
CONDITIONS OF APPROVAL FOR THE ALDER CRBEK WEST LLTSM PROJECT (SUBP24-00233)
NORTH OF WHITE ROCK ROAD, EAST AND WBST OF OAK AVENUE PARKWAY
LARGE-LOT TBNTATIVE SUBDIVISION MAP
Responsible
Department
Vulidity
The project approval granted under this staff report (Large Lot Tentative Subdivision Map) shall remain in effect for a period of twenty-four (24) months from date of City Council approval, pursuant to Section 16.16.110A of the Folsom Municipal Code and the Subdivision Map Act. If a Final Map is not recorded within the identified time frame and/or the applicant has not demonstrated substantial progress towards the development of the project, this approval shall be considered null and void. The owner/applicant may file an application with the Community Development Department for an extension not less than 60 days prior to the expiration date ofthe approval, along with appropriate fees and necessary submittal materials pursuant to Section 16.16.120 of the Folsom Municipal Code. If after approval of this project, a lawsuit is filed which seeks to invalidate any approval or entitlement authorized by the project approvals, or to enjoin the project contemplated herein, or to challenge the issuance by any governmental agency of any environmental document or exemption determination, the two-year period referenced in FMC 16.16.110A for finaling the map shall be tolled during the time that any litigation is pending, including any appeals.
In the event of a conflict between this Condition and language of Amendment No. 1 to the First Amended and Restated Tier I Development Agreement (ARDA), the ARDA shall
DEVELOPMENT COSTS AND FEE UIREMENTS
cD(E)
cD (P)(E)
11 12 Taxes and Fees
The owner/applicant shall pay all applicable taxes, fees and charges for the project at the rate and amount required by the Public Facilities Financing Plan and the Amended and Restated
M
M
cD (E)
When
Required
MAssessments
If applicable, the owner/applicant shall pay off any existing assessments against the property, or file necessary segregation request and pay applicable fees.
Mitigation
Measure
13. Resolution No. 11318
Page l0 of 15 Page 124
01/14/2025 Item No.12.
CONDITIONS OF APPROVAL F',OR THE ALDER CREEK WEST LLTSM PROJECT (SUBP24-00233)
NORTH OF WHITE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARKWAY
LARGE-LOT TENTATIVE SUBDIVISION MAP
Responsible
Department
cD (PXE)
cD (P) PW, PK
When
Required
M
M
Consultunt Services
If the City utilizes the services of consultants to prepare special studies or provide specialized design review or inspection services for the project, the applicant shall reimburse the City for actual costs it incurs in utilizing these services, including administrative costs for City personnel. A deposit for these services shall be provided prior to initiating review of mapping documents, building plans, improvement plans, or besinnins inspection, whichever is applicable.
FPASP Development Impuct Fee
The owner/applicant shall be subject to all Folsom Plan Area Specific Plan Area development impact fees in place at the time of approval or subsequently adopted consistent with the Public Facilities Financing Plan (PFFP), Development Agreement and amendments thereto, unless exempt by previous agreement. The owner/applicant shall be subject to all applicable Folsom Plan Area plan-wide development impact fees in effect at such time that a building permit is issued. These fees may include, but are not limited to, the Folsom Plan Area Specific Plan Fee, Specific Plan Infrastructure Fee (SPIF), Solid Waste Fee, Corporation Yard Fee, Transportation Management Fee, Transit Fee, Highway 50 Interchange Fee, General Park Equipment Fee, Housing Trust Fee, etc.
Any protest to such for all fees, dedications, reservations or other exactions imposed on this project will begin on the date of final approval or otherwise shall be governed by the terms of Amendment No. 1 to the ARDA. The fees shall be calculated at the fee rate set forth in the PFFP and the ARDA.
Mitigation
Measure
1 4
15. Resolution No. I l3 l8
Page ll of15 Page 125
01/14/2025 Item No.12.
cD (E)
cD (E)
cD (PXE)
Responsible
cD (PXE)
OG
M
M
When
uired
M
FPASP Compliance
Notes shall be added to the final map that state
This map is subject to requirements outlined in the Folsom Plan Area Specific Plan as amended August 27, 2024, and the Hillsborough Specific PIan Amendment per Ordinance Nos 1254-1258.
This map andfuture maps of this area are subject to the requirements and provisions of Community Facilities District 18.
a
a
School District Map Copy
Upon recordation of the Final Map, the owner/applicant shall provide the Folsom- Cordova Unified School District with a ofthe recorded Final Mitigation Measares
The Alder Creek West Large-Lot Tentative Subdivision Map project shall be subject to all mitigation measures identified in the FPASP (May 20ll) MMRP, as amended by the Folsom South of U.S. Highway 50 Backbone Infrastructure Mitigated Negative Declaration (December 2014), Hillsborough GPA/SPA Addendum (May 2016), and City of Folsom General Plan Amendments for Increased Residential Capacity uent EIR 2024Sub
Outside Legal Counsel
The City, at its sole discretion, may utilize the services of outside legal counsel to assist in the implementation of this project, including, but not limited to, drafting, reviewing and/or revising agreements and/or other documentation for the project. If the City utilizes the services of such outside legal counsel, the applicant shall reimburse the City for all outside legal fees and costs incurred by the City for such services. The applicant may be required, at the sole discretion of the City Attorney, to submit a deposit to the City for these services prior to initiation of the services. The applicant shall be responsible for reimbursement to the City for the services regardless of whether a IS
Mitigation
Measure
91 MAP
18 71
CONDTTIONS OF APPROVAL FOR THE ALDER CREEK WEST LLTSM PROJf,CT (SUBP24-00233)
NORTH OF'WHITB ROCK ROAD, EAST AND WEST OF OAK AVENUE PARKWAY
LARGB-LOT TENTATIVE SUBDTVISION MAP
16. ResolutionNo. 11318
01/14/2025 Item No.12.
CONDTTIONS OF APPROVAL FOR THE ALDER CREEK WEST LLTSM PROJECT (SUBP24-00233) NORTH OF WHrTE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARr(WAY
LARGE-LOT TENTATIVE SUBDIVISION MAP
Responsible
Department
cD (E)
cD (PXE)
CDD(E), EWR, PW,
PR, FD
When
Required
OG
M
M
Digital Map Copy
Upon recordation of the Final Map, the owner/applicant shall provide a digital copy of the recorded Final Map (in AutoCAD format) to the Community Development Department.
Bikewuy Plan
Upon recordation of the Final Map, Applicant/Owner shall dedicate easements for Class I trails and Class II bike lanes as shown on Figure 7.32 - Bikeway Plan of the FPASP, as applicable to the project area. Easement areas shall be shown on the Final Map to the satisfaction of the Community Development Department.
B ac k b o n e Infr as tr uct ar e
The owner/applicant and all subsequent applicants, heirs, and successors with intention of further subdividing the large lots established herein are required to provide to the Community Development Department for review and approval by the City Engineer a Backbone Infrastructure Plan. Acknowledging Condition of Approval #3 above conveying no development rights with this approval, this condition applies to all subsequent subdivision and parcel maps where development is intended, including but not limited to, all commercial, housing, condominium and townhome projects.
Additional studies and supporting documentation may also be required as part of that future effort.
For such subsequent mapping, and as provided for in the ARDA, Amendment No. l, and the FPASP, the owner/applicant shall provide fully executed grant deeds, legal descriptions, and plats for all necessary rights of way, public utility easements, public water main easements, public sewer easements, oak woodland preserves, park dedications, future circulation elements, hydraulic infrastructure dedication, irrevocable offers of dedication and temporary construction easement. All required easements as listed necessary for the Backbone Infrastructure shall be reviewed and approved by the City Engineer and recorded with the Sacramento County Recorder pursuant to the timing requirements set for in Section 3.8 of the ARDA and any amendments thereto.
Mitigation
Measure
20 12
22 Resolution No. 11318
01/14/2025 Item No.12.
CONDITIONS OF APPROVAL FOR THE ALDER CREEK WEST LLTSM PROJECT (SUBP24-00233)
NORTH OF WHITE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARKWAY
LARGE-LOT TENTATIVE SUBDIVISION MAP
Responsible
Department
CDD(E), EWR, PW,
FD
SMUD REOUIREMENTS
cD (E)
PG&E REOUIREMENTS
When
Required
M
M, OG
Phasing Plan
This condition applies to all future small lot subdivision maps. For subsequent small lot tentative subdivision maps, the owner/applicant shall prepare a complete and comprehensive phasing plan and shall submit the phasing plan to the City for each proposed phase of development. The phasing plan shall include all required infrastructure for each proposed phase of development. The infrastructure shall include all required on-site and off-site improvernents, but not limited to, water system improvements (distribution and transmission mains, booster pump stations, water reservoirs, tanks, pumps, PRV stations, etc.), sanitary sewer improvements (sewer mains, lift stations, forced mains, etc.) roadway and transportation improvements, storm drainage improvements (detention/water quality basins, outfalls, etc.) and all other necessary improvements required for each phase of development. The phasing plan shall include itemized cost estimates for all required improvements and the phasing plan shall be reviewed and approved by the City.
The City Engineer may condition infrastructure phasing to ensure that each phase functions independently and is consistent with the minimum utility and access standards of the City. All maps filed in phases will be required to have two points of access for emergency vehicle access and/or general traffic purposes and all off-site utilities deemed necessary as determined by the City Engineer. Improvement plans for all future phases that include half sections of local residential streets shall include a minimum of 15 feet of pavement over the centerline, to allow two-way traffrc and shall be subject to approval of the Community Development Department and Fire Department. The City will not dictate the order of the phasing except that the first phase shall construct necessary supporting backbone infrastructure to that phase.
The applicant shall comply with conditions l-18 of the attached letter from SMUD dated April 4,2024, provided in AttachmentT to the December 18,2024, Planning Commission staff report.
Mitigation
Measure
23 24
ResolutionNo. 11318
01/14/2025 Item No.12.
CONDITTONS OF APPROVAL FOR THE ALDER CREEK WEST LLTSM PROJECT (SUBP24-00233)
NORTH OF WHITE ROCK ROAD, EAST AND WEST OF OAK AVENUE PARKWAY
LARGE-LOT TENTATIVE SUBDIVISION MAP
Responsible
Department
cD (E)
When
Required
M, OGThe applicant shall comply with conditions from Pacific Gas & Electric conditions 1-13 of the attached letter dated September 26,2024, as applicable on future mapping and entitlements (refer to Attachment 8 to the December 18,2024, Planning Commission staff report).
Mitigation
Measure
25. WHEN REQUIRED
Prior to approval of lmprovement Plans
Prior to approval of Final Map
Prior to issuance of first Building Permit
Prior to approval of Occupancy Permit
Prior to issuance of Gradinq Permit
During construction
On-qoing requirement
M
B
o
G
DC
OG
RESPONSIBLE DEPARTMENT
Comm unity Development Department
Planning Division
Engineering Division
Building Division
Public Works Department
Park and Recreation Department
Police Department
Fire Department
CD
(P)
(E)
(B)
PW
PR
PD
FD
Resolution No. I l3 1 8
01/14/2025 Item No.12.
ATTACHMENT 2
Planning Commission Staff Report, dated December 18, 2024
01/14/2025 Item No.12.
AGENDA ITEM NO. 1
Type: Public Hearing
Date: December 18,2024
F()I,SOM
Project:
File #:
Requests:
Location/APN:
Staff Gontact:
Planning Gommission Staff RePort
50 Natoma Street, Council Chambers
Folsom, CA 95630
Alder Creek West Large Lot Tentative Subdivision Map
suBPM24-00233
Large-Lot Tentative Subdivision Map
North of White Rock Road, East and West of Oak Avenue
Parkway, in the Folsom Plan Area Specific Plan (APNs 072- 0060-093 and -098)
Jessica Brandt, Principal Planner, 91 6-461 -6207
[email protected]
Property Owner/Applicant
Name: Rick Jordan, Folsom Real Estate
South, LLC
Address: 4370 Town Center Boulevard
Suite 100
El Dorado Hills, CA 95762
Recommendation: Conduct a public hearing and upon conclusion recommend approval of a Large-Lot Tentative Subdivision Map for the Alder Creek West Large Lot Tentative Subdivision Map project to the City Council as illustrated on Attachment 5, based on the findings (Findings A-N) and subject to the conditions of approval (Conditions 1-25) attached to this report.
Project Summary: The proposed project includes a request for approval of a Large-Lot Tentative Subdivision Map to subdivide an approximately 362.6-acre site located north of White Rock Road, east and west of Oak Avenue Parkway, in the Folsom Plan Area Specific Plan (FPASP) that currently consists of two parcels into nine individual parcels for future sale and development. No development rights are sought with the proposed Large- Lot Tentative Subdivision MaP.
Aftachments:
1 . Prolect Description/Analysis
2. Background
3. Conditions of ApProval
City of Folsom Page 1
01/14/2025 Item No.12.
F()LS()l}[
AGENDA ITEM NO. 1
Type: Public Hearing
Date: December 18,2024
4. Vicinity Map
5. Alder Creek West Large-Lot Tentative Subdivision Map, dated September 23, 2024
6. Project Narrative, dated August 23,2024
7. SMUD Comment Letter, dated November 4,2024
8. PG&E Comment Letter, dated September 26,2024
Submitted,
PAM JOHNS
Comm un ity Development Director
City of Folsom Page 2
01/14/2025 Item No.12.
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
ATTACHMENT 1
PROJECT DESGRI PTION/ANALYSIS
PROJECT DESCRIPTION
The applicant, Rick Jordan representing Hillsborough North, LLC, is requesting approval of a Large-Lot Tentative Subdivision Map (LLTSM or Large-Lot Map) to subdivide two (2) parcels totaling 362.8 acres in size located north of White Rock Road, east and west of Oak Avenue Parkway, in the Folsom Plan Area Specific Plan (FPASP) into nine (9) individual parcels for future sale and development. No development rights are sought with the proposed LLTSM. The proposed Large-Lot Map is consistent with the approved land use designations for the Folsom Plan Area Specific Plan Land Use Map (FPASP Figure
4.3) in that no land use changes or modifications are proposed with this project. The project location with its land use designations is shown below.
FIGURE 1: PROJECT LOCATION EXHIBIT
The proposed large lots are in substantial conformance with the project area's Specific Plan Land Use Designations and FPASP Parcels, but do not adhere perfectly to them due to several factors including anticipated roadway realignments and hydromodification basins. No land use changes are proposed with this project. The applicant states that E-c:-
E!.
nrD^-
o
\
Folsom Plan Area Specific Plan
Rwl!.dr 21.'!24
.ip,
01/14/2025 Item No.12.
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
future parcel configuration will be consistent with the approved Land Use Plan as amended in August 2024.lf needed, General Plan and/or Specific Plan Amendments will be sought to bring the land uses and parcel lines into conformance. A land use summary is shown in Table 1 (Land Use Summary), below, and the proposed LLTSM is shown on the following page (Figure 2). The proposed project also includes the dedication of Rights- of-Ways (ROW and Public Utility Easements (PUE) within the scope and boundaries of this map to allow for development of future roadways and associated infrastructure improvements.
TABLE 1: LAND USE SUMMARY
Summary
Parcel# Land Use Acres (Net)
1 SP-SF/ SP-SFHD/ SP-MLD/ SP-PQP/
SP-P
169.1
2 SP-SFHD 16.5
3 SP-PQP 60.6
4 SP-OS 4.8
5 SP-OS 4.2
6 SP-OS 88.7
7 SP-OS 17.5
8 SP-OS 1.2
I SP-P 0.2
Total 362.8
01/14/2025 Item No.12.
Planning Commission
Alder Cieek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
FIGURE 2: LARGE-LOT TENTATIVE SUBDIVISION MAP
ANALYSIS
General Plan and Zoning Consistency
The 362.8-acre project site has multiple General Plan land use designations including . SF (Single-Family)
o SFHD (Single-Family High Density)
o MLD (Multi-Family Low Density)
o P (Parks)
rol 5
I/t\ '.M
1 i:.:
NAMSPNTOMrcN
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.tiffi
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.tl
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LARGE I.OT
TENTATIVE SUBDIVISION MAP
# ALDER CREEK WEST
-----f*
01/14/2025 Item No.12.
Planning Commission
Alder Cieek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
. OS (Open Space)
. PQP (Public and Quasi-Public Facility)
ln addition, the project site has multiple Specific Plan designations including:
. SP-SF-PD (Single-Family Residential-Planned Development) . SP-SFHD-PD (Single-Family High Density-Planned Development) o SP-MLD-PD (Multifamily Low Density-Planned Development) . SP-P (Parks)
. SP-OSI (Preserve Open Space)
. SP-OS2 (Passive Open Space)
. SP-PQP (Public/Quasi-Public)
The existing General Plan and the Specific Plan land use designations are consistent with each other and are not proposed to change as part of this project.
As no development is proposed with this specific application, the only relevant development standard applicable to the subdivision map is minimum lot area. The minimum required lot area for these properties ranges from 3,000 square feet for MLD- designated parcels up to 7,000 square feet for SF-designated parcels, with no minimum lot size requirements being applicable to the OS, P, or PQP parcels. Staff has determined that the proposed project meets the minimum lot area requirement as all nine of the newly created parcels exceed the minimum lot size requirement based on their individual Specific Plan designations. ln addition, staff has determined that the proposed project will not conflict with any known applicable plans or policies by agencies with jurisdiction over the prolect or the project site.
Large-Lot Tentative Subdivision Map
ThJproposed project is a request for approval of a Large-Lot Tentative Subdivision Map to subdivide two parcels totaling 362.8 acres in size located north of White Rock Road, east and west of Oak Avenue Parkway, in the FPASP into nine individual parcels for future sale and development. The proposed Large-Lot Map is included with this report as Attachment 5. ln addition, the proposed project includes the dedication of ROWconsistent with the FPASP. Public utility easements (PUEs) adjacent to the lODs will also be established with the proposed prolect.
As discussed in the project narrative (Attachment 6), the primary purpose of the proposed project is to accommodate the sale, lease, and financing of the newly created large lots in accordance with the requirements of the Subdivision Map Act and designated land use as identified in the FPASP. No development rights are being requested, and to that effect, there is a note on the Large-Lot Tentative Subdivision Map stating so.
Future small-lot tentative maps will further subdivide the large parcels of land into smaller lots consistent with the FPASP land use and allocation map. These future tentative maps
01/14/2025 Item No.12.
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
will seek development rights after the transfer of land to the eventual developer is completed. The future parcel configurations will be consistent with the approved FPASP land use plan and will establish discreet parcels of land based on the FPASP land use boundaries (meaning, the future maps will create lots with singular land use designations, versus this LLTSM where there are large lots with multiple land use designations).
Large lots with multiple land use designations exist throughout the FPASP; it is with individual small-lot tentative maps that the smaller lots are created to be consistent with the FPASP land use boundaries. Processing and approval of a Small-Lot Tentative and Final Map and/or Planned Development Permit applications or other appropriate entitlements will be required prior to grading, construction, or any development of the parcels created by this Large-Lot Tentative Subdivision Map. Condition No. 3 is included to reflect this requirement. Requested conditions from SMUD and PG&E are also included as Attachments 7 and 8 to this report and referenced in the Conditions of Approval (COA) as COAs #24 and#25.
Staff has determined that the proposed Large-Lot Tentative Subdivision Map complies with all City requirements (Folsom Municipal Code [FMC], Chapter 16.16), as well as with the requirements of the State Subdivision Map Act (Government Code Sections 66410 ef seq.).
ENVIRONMENTAL REVIEW
Under Public Resources Code section 21083.3, an Environmental lmpact Report (ElR) for a planning or zoning action may be used to eliminate, or reduce the scope of, environmental review for later development projects that are consistent with the planning or zoning action. For purposes of this analysis, "consistent" means that the project's proposed density is equal to or less than the density for the project site in the prior planning or zoning action and the project complies with any density-related standards in the plan.
The application of CEQA to the approval of a project that is consistent with a previously approved zoning decision, community plan, or general plan, for which an environmental impact report was certified, shall be limited to effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report. (Public Resources Code S 21083.3.) The lead agency must also consider whether substantial new information shows that impacts of the project will be more significant than described in the previous ElR, together with significant off-site and cumulative impacts that were not discussed in the previous ElR.
This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies (CEQA Guidelines S 15183(a)).
The City, as lead agency, has determined that the proposed project is entirely consistent with the Folsom Plan Area Specific Plan (FPASP). The FPASP is the equivalent of a
01/14/2025 Item No.12.
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
zoning code in this context because it contains its own zoning designations and therefore takes the place of the typical FMC zoning designations for project sites South of 50 covered by the FPASP.
Further, the City, as lead agency, previously certified an Environmental lmpact ReporUEnvironmental lmpact Statement (ElR/ElS) for the FPASP. Because the project does not propose any development or any zoning or General Plan land use changes, it will not have any new significant or substantially more severe environmental impacts which were not addressed as significant effects in the FPASP EIR/EIS and will not result in any significant impacts that are peculiar to the parcel or to the project and which were not addressed as significant impacts in the FPASP EIR/ElS.
The City has therefore determined that the proposed project is consistent with the FPASP.
As a project that is consistent with existing plans and zoning and which would not result in any new or more severe environmental effects that are peculiar to the project or the parcels or which were not previously analyzed as significant effects in the FPASP EIR/EIS, the Alder Creek West LLTSM project qualifies for the exemptions in Public Resources Code section 21083.3 and CEQA Guidelines sections 15182(c) and 15183.
The City is not required to formally adopt any analysis under CEQA to make these determinations under Guidelines sections 15182 and 15183, except for a finding regarding the implementation of previously adopted mitigation measures.
STAFF RECOMMENDATION/PLANNING COMMISSION ACTION
Move to recommend that the City Council approve a Large-Lot Tentative Subdivision Map for the Alder Creek West Large-Lot Tentative Subdivision Map project as illustrated on Attachment 5, based on the findings (Findings A-N) and subject to the conditions of approval (Conditions 1-25) attached to this report.
GENERAL FINDINGS
A. NOTICE OF HEARING HAS BEEN GIVEN AT THE TIME AND IN THE MANNER REQUIRED BY STATE LAW AND CITY CODE.
THE PROJECT IS CONSISTENT WITH THE GENERAL PLAN AND THE FOLSOM PLAN AREA SPECIFIC PLAN.
CEQA FINDINGS
C. THE CITY, AS LEAD AGENCY, PREVIOUSLY CERTIFIED AN
ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT
STATEMENT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN.
B
01/14/2025 Item No.12.
E
F
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
D. THE CITY HAS DETERMINED THAT THE ALDER CREEK WEST LARGE-LOT
TENTATIVE SUBDIVISION MAP PROJECT IS CONSISTENT WITH THE FOLSOM PLAN AREA SPECIFIC PLAN.
THE CITY HAS DETERMINED THAT NONE OF THE CIRCUMSTANCES
DESCRIBED IN PUBLIC RESOURCES CODE SECTION 21166 OR CEQA GUIDELINES SECTION 15162 GENERALLY REQUIRING THE PREPARATION OF A SUBSEQUENT EIR EXIST IN THIS CASE.
THE CITY HAS DETERMINED THAT THE PROJECT CREATES NO NEW
IMPACTS AND DOES NOT REQUIRE ANY MITIGATION MEASURES IN
ADDITION TO THOSE IN THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN. APPLICABLE MITIGATION
MEASURES FROM THE FPASP FEIR ARE APPLIED TO THIS PROPOSED PROJECT.
G. THE CITY HAS DETERMINED THAT THE IMPACTS OF THE ALDER CREEK
WEST LARGE-LOT TENTATIVE SUBDIVISION MAP PROJECT ARE
ADEQUATELY ADDRESSED BY THE FINAL ENVIRONMENTAL IMPACT
REPORT AND ENVIRONMENTAL IMPACT STATEMENT FOR THE FOLSOM PLAN AREA SPECIFIC PLAN.
THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
sEcTloN 15182(C) (RESIDENTIAL PROJECTS IMPLEMENTING SPECIFIC PLANS) AND 15183 (PROJECTS CONSISTENT WITH A COMMUNITY PLAN,
GENERAL PLAN, OR ZONING) OF THE CALIFORNIA ENVIRONMENTAL QUALTTY ACT (CEQA) GUIDELINES.
TENTATIVE SUBD N MAP FINDINGS
THE PROPOSED LARGE-LOT TENTATIVE SUBDIVISION MAP IS
CONSISTENT WITH THE CITY'S SUBDIVISION ORDINANCE AND THE
SUBDIVISION MAP ACT IN THAT THE PROJECT IS SUBJECT TO
CONDITIONS OF APPROVAI- THAT WILL ENSURE THAT THE PROJECT IS DEVELOPED IN COMPLIANCE WITH CITY STANDARDS.
THE PROPOSED SUBDIVISION, TOGETHER WITH THE PROVISIONS FOR
ITS DESIGN AND IMPROVEMENT, IS CONSISTENT WITH THE GENERAL
PLAN, THE FOLSOM PLAN AREA SPECIFIC PLAN, AND ALL APPLICABLE PROVISIONS OF THE FOLSOM MUNICIPAL CODE.
AS CONDITIONED, THE DESIGN OF THE LARGE-LOT TENTATIVE
SUBDIVISION MAP AND THE PROPOSED IMPROVEMENTS ARE NOT LIKELY
TO CAUSE SUBSTANTIAL ENVIRONMENTAL DAMAGE OR SUBSTANTIALLY AND AVOIDABLY INJURE FISH OR WILDLIFE OR THEIR HABITAT.
H
J
K.
01/14/2025 Item No.12.
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
L
M
N
AS CONDITIONED, THE DESIGN OF THE LARGE-LOT TENTATIVE
SUBDIVISION MAP AND THE PROPOSED IMPROVEMENTS ARE NOT LIKELY TO CAUSE SERIOUS PUBLIC HEALTH OR SAFETY PROBLEMS.
THE DESIGN OF THE LARGE-LOT TENTATIVE SUBDIVISION MAP AND THE
TYPE OF IMPROVEMENTS WILL NOT CONFLICT WITH EASEMENTS FOR
ACCESS THROUGH OR USE OF PROPERTY WITHIN THE PROPOSED
SUBDIVISION.
SUBJECT TO SECTION 66474.4 OF THE SUBDIVISION MAP ACT, THE LAND
IS NOT SUBJECT TO A CONTRACT ENTERED INTO PURSUANT TO THE cALtFORNtA LAND CONSERVATION ACT OF 1965 (COMMENCING WITH sEcTroN 51200 oF THE GOVERNMENT CODE).
01/14/2025 Item No.12.
Planning Commission
Alder Creek West Large-Lot Tentative Subdivision Map (SUBP24-00233) December 18,2024
ATTACHMENT 2
BACKGROUND
The Folsom Plan Area Specific Plan (FPASP), approved in 2011, is a development plan for over 3,500 acres of previously undeveloped land located south of Highway 50, north of White Rock Road, east of Prairie City Road, and adjacent to the Sacramento County/El Dorado County line in the southeastern portion of the City.
The FPASP includes a mix of residential, commercial, employment and public uses, complemented by recreational amenities including a significant system of parks and open space, all within proximity to one another and interconnected by a network of "complete streets", trails and bikeways. The Specific Plan is consistent with the SACOG Blueprint Principles and the requirements of SB 375 (Sustainable Communities and Climate Protection Act).
On May 24, 2016, the City Council approved an Addendum to the Folsom Plan Area Specific Plan EIR/EIS, a General Plan Amendment, a Specific Plan Amendment, and multiple Development Agreement Amendments for development of the Hillsborough GPA/SPA project on a714-acre site located along the western edge of the Folsom Plan Area. The Hillsborough GPA/SPA project included development of 2,018 residential units, 737,OOO square feet of office/industrial/retail uses, parks, and schools within the project site. The subject parcels were part of this approval.
The approved entitlements referenced above resulted in changes to the layout of General Plan and Specific Plan land use designations throughout the project site. ln general, these changes included roadway realignments, relocation and resizing commercial land uses within the project area, relocation of multi-family land uses, and the placement of single-family high-density residential uses in an area previously designated as public/quasi-public (POP) for a private school site.
On August 27, 202{ the City Council approved amendments to the Folsom Plan Area Specific Plan (FPASP) as well as amendments to the General Plan and certified a Subsequent EIR for those amendments. The amendments to the FPASP included increasing the amount of multi-family residential units in the Plan Area by 1,882.
01/14/2025 Item No.12.
ATTACHMENT 3
Vicinity Map
01/14/2025 Item No.12.
01/14/2025 Item No.12.
ATTACHMENT 4
Atder Creek West Large-Lot Tentative Subdivision M"p,
dated Septemb er 23, 2024
01/14/2025 Item No.12.
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TENTATIVT MAP INFORMATION
@
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TFNTATIVF MAP NOTES
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TENTATIVE SUBDIVISION MAP
* ALDER CREEK WEST
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01/14/2025 Item No.12.
ATTACHMENT 5
Project Narrativeo dated December 4, 2024
01/14/2025 Item No.12.
FPASP I ALDER CREEK WEST - LLTSM Project Norrotive
December 04,2024
City of Folsom, Communily
Developmenl Deporlmenl
50 Notomo Street, Folsom,
cA 95630
PROJECI NARRAIIYE
We qre pleosed to submii ihe
Plonning Entitlement Applicotion
for the Alder Creek Wesl lorge lol
Tenlqlive Subdivision Mop.
lf erns s ubml'ffed in clude:
L Project Nonotive
Pleose contoct me if you hove
questions, comments, or need
ony odditionol informotion.
Eric Crow
MocKoy & Somps Civil Engineers, lnc
| 1025 Creekside Ridge Drive, Suite 150
Roseville, C A 9 567 8-357 5
P'. 9t 6.773.1 t89 | F: 9 1 6.773.259 5 E:
[email protected] :l:.t .
,;i'i
ALDER CREEK WEST LLVTSM
E
01/14/2025 Item No.12.
FPASP I ALDER CREEK WEST . LLTSM Project Norrotive
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PROJECI BACKGROUND
The FOISOM PIAN AREA SPECIFIC PIAN (FPASP) wos opproved by the City of Folsom on June 28, 201 1 (Resolution No. 8863). The Plon encompqsses 3,513.4 undeveloped ocres locoted south of Highwoy 50, north of White Rock Rood, eost of Proirie City Roqd ond bordering the Socrqmento County/El Dorodo County Line, qs shown below.
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01/14/2025 Item No.12.
FPASP I ALDER CREEK WEST - LLTSM Project Norrotive
PROJECI
BACKGROUND:
The Folsom Plqn
Areo Specific Plon
20't1-2024
Enlillemenls
exhibit is shown
here.
This exhibit
illusirotes the
current
entitlemeni hisiory
ond lqnd plonning
slotus for lhe
FPASP Plon Areq.
The Alder Creek
West LLTSM oreo is
shown here. The
Project Site is
locoted olong
White Rock Rood
qnd is bisected by
Oqk Avenue
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. 31,057 Population
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ALDER CREEK WEST LLVTSM
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01/14/2025 Item No.12.
FPASP ALDER CREEK WEST . LLTSM Project Norrotive
PROJECI B,ACKGROUND:
4 Legend
FPASP Parcel Number
{See Tabl€ 4.3 for more detail}
Ihe FPASP Allocqlion
Mop is shown here.
The proposed Project is
shown ond so
designoted on the
FPASP Allocotion Mop
ond Toble.
PROJECIAREA FPASP
PARCETS-
SF: ]98.20A,26,27
SFHD: 1 78, 19 A, 23, 25
MLD:24
PARK: 1O(PTN),208,21
PQP (SCHOOL): 17 A,22
OPEN SPACE & ISCAPE:
29-34,35(PTN),41,43,
44. 5rA(PTN). 5r B(PTN)
53 The properly owner is
Hillsborough Norh LLC
ond ihe Assessor's
Porcel Numbers ore
072-0060-093 & -098.
Figure 4.3
Plan Area Parcels
ALDER CREEK WEST LLVTSM
01/14/2025 Item No.12.
FPASP I ALDER CREEK WEST - LLTSM Project Norrotive
PROPOSED ENTITLEMENTS SOUGHI WITH THIS
AP P LI C AT ION: I..ARGE LOT T ENT AT IVE S UB D,Y'S I O N M AP (r.r.rsM):
The Large LotTenlqtive Subdivision A4op is shown here.
The proposed Alder Creek Wesi Lorge Lot Tentolive Subdivision Mop is q +362.8-ocre component of the FPASP generolly
locoted in lhe southwestern portion of ihe plon oreo. The opplicotion seeks to merge ond re-subdivide the two existing porcels (A.P.N. 072-0060-093 & 0?8) into 9 lorge lols of vorious lond uses consistent with the FPASP Figure 4.1 - Generol Plqn - [qnd Use Plqn. The existing lrrevocoble Offers of Dedicqlion (lODs) ore shown on the LLTSM for specific roodwoys shown ond designoled in the FPASP. New odditionol proposed streets ore shown os rights-of-woy os requesied by City stoff. The street sections shown on the LLTSM ore consisteni with those
opproved in the FPASP.
With lhis Lorge LotTenlqlive Subdivision Mop:
The subdivision of lond is sought to creote soleoble
porcels consistenl in configurotion with the FPASP.
Lorge lots creoted by this LLTSM ore sought for lhe
purpose of sole, leqse. ond finoncing only, in
qccordonce with the Subdivision Mop Aci.
No developmeni rights ore sought with the LLTSM qnd
there is o note on the fqce of the mop stoting so.
Furlher mopping of this site will occur. Future smoll lot ientotive mops will further subdivide lhe lorge porcels of lond into smoller lots consisient with the FPASP lond use designotions ond qllocqtion mop. These future ientqtive mops will seek development rights.
For more informotion, pleose see fhe full submillal
pockoge ond/or conlocl lhe project applicanl.
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01/14/2025 Item No.12.
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01/14/2025 Item No.12.
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Folsom City Council
Staff Re ort
RECOMMENDATION / CITY COUNCI! AETIQN
Staff recommends that the City Council pass and adopt Resolution No. 1 1320 to appoint Bryan Whitemyer as City Manager and approve an Employment Agreement that establishes the terms and conditions of the appointment, including salary and benefits.
BACKGROUND / ISSUE
Following former City Manager Elaine Andersen's retirement announcement, the City Council engaged executive search firm Bob Murray & Associates to recruit the City's next City Manager. The City Council met in Closed Session on December 16,2024 pursuant to the Brown Act and unanimously expressed a desire to appoint Bryan Whitemyer as the City's next City Manager. The Council authorized Mayor Aquino and Councilmember Rohrbough to negotiate the employment terms with Mr. Whitemyer
In accordance with the requirements of the Brown Act (Government Code $54957), the City Council will present the employment terms in open session and authorizethe execution of an employment agreement in a form approved by the City Attorney. A copy of the proposed employment agreement is attached to this Staff Report as Attachment2.
MEETING DATE: Ur412025
AGENDA SECTION: New Business
SUBJECT: Resolution No. 1 1320- A Resolution Appointing Bryan Whitemyer as City Manager and Approving an Employment
Agreement for Said Appointment
F'ROM: City Attorney's Office
1
01/14/2025 Item No.13.
POLICY / RULE
Section 3.01 of the Folsom City Charter provides that the City Council shall appoint a City Manager through the mechanism of an employment agreement to serve as the City's chief executive and administrative officer at the pleasure of the Council.
ANALYSIS
Mr. Whitemyer has over 23 years of experience in municipal government and public administration. He comes to Folsom from the City of Oakdale where he served as its City Manager for the past 12 years. Prior to Oakdale, Mr. Whitemyer served as City Manager at the City of Hughson from 2010 to 2013, and Assistant City Manager at the City of Patterson from2007 to 2010.
Mr. Whitemyer holds a bachelor's degree in international studies from Brigham Young University and a master's degree in public administration from California State University, Stanislaus. He is a member of the International City Management Association (ICMA) and a representative of the Central Valley City Manager's Division at the League of California Cities.
Following the December i6, 2024 City Council meeting and at the direction of the City Council, Mayor Aquino and Councilmember Rohrbough consulted with Mr. Whitemyer regarding the proposed terms and conditions of his appointment. The resulting Employment Agreement is attached for Council review and approval'
Until Mr. Whitemyer assumes his position as City Manager on March 10,2025, Dan Haverty will continue to serve as Interim City Manager atthe City of Folsom.
ORAL REPORT REQUIRED
Government Code Section 54953(c)(3) requires the City Council to orally report in open session a summary of the salary, salary schedules, and compensation in form of fringe benefits for local agency executives, before the City Council may take final action on such compensation. The position of City Manager is a "local agency executive" for whom such an oral report is required. Before taking action on this item, the following script should be read by the City Clerk:
Oral Report
"In accordance with Government Code Section 5a953(c)(3), a summary of the City Manager's salary and benefits is reported as follows:
The salary for the assignment of City Manager will be $310,000 per year. The City Manager will also receive deferred compensation of 7.5o%, a monthly auto allowance of $500, monthly expense allowance of $200, and monthly tech allowance of $ 100. 2Page 154
01/14/2025 Item No.13.
Consistent with other Executive Management employees of the City of Folsom, the City Manager is eligible for health benefits which include vision, dental, and comprehensive medical insurance. Other benefits include life and disability insurance as well as workers' compensation coverage. Paid time off includes holidays, administrative leave, annual leove, sick leave, and leave accruals on the same basis as other Executive Management employees- Further benefits include PERS Member Retiree benefits and deferred compensation plans."
FINANCIAL IMPACT
Compensation for the City Manager is already budgeted in the FY 2025-2026 City budget.
ENVIRONMENTAL REVIEW
The appointment of the City Manager is not a project under the California Environmental Quality Act. No environmental review is required.
ATTACHMENTS
1. Resolution No. 1 1320- A Resolution Appointing Bryan Whitemyer as City Manager and Approving an Employment Agreement for Said Appointment
2. Employment Agreement for the City Manager
Re spectfully submitted,
Steven Wang, City AttorneY
J Page 155
01/14/2025 Item No.13.
ATTACHMENT 1
Resolution No. 1 1320- A Resolution Appointing Bryan Whitemyer as Crty Manager and an Employment Agreement for Said Appointnent
01/14/2025 Item No.13.
RESOLUTION NO. L1320
A RESOLUTION APPOINTING BRYAN WHITEMYER AS CITY MANAGER
AND APPROVING AN EMPLOYMENT AGREEMENT FOR SAID APPOINTMENT WHEREAS, Section 3.01 of the Folsom City Charter provides that the City Council shall appoint a City Manager to be the Chief Executive Officer of the City based on administrative qualifications; and
WHEREAS, Section 3.01 further provides that the City Council establish terms and conditions of that employment through the mechanism of an employment agreement; and WHEREAS, the City Council has met in closed session as authorized by the Brown Act to consider the employment of the City Manager; and
WHEREAS, the City Council has unanimously selected Bryan Whitemyer as the Crty's next City Manager.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Folsom that the Mayor is authorized to execute an Employment Agreement, in a form approved by the City Attorney, with Bryan Whitemyer to be the City Manager of the City of Folsom. pASSED AND ADOPTED this 14th day of January, 2025 by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sarah Aquino, MAYOR
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 11320
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
01/14/2025 Item No.13.
ATTACHMENT 2
EmploymentAgreement for the City Manager
01/14/2025 Item No.13.
CITY OF FOLSOM
EMPLOYMENT AGREEMENT
FOR THE
CITY MANAGER
THIS AGREEMENT, the effective date of which shall be the _ day of January,2025, is by and between the City of Folsom, State of California, a municipal corporation, hereinafter referred to as "Employer," and Bryan Whitemyer, hereinafter called "Employee."
RECITALS
WHEREAS, the City Council shall appoint a City Manager through the mechanism of an Employment Agreement to serve at the pleasure of the City Council, and the City Council wishes to retain Employee in the position of City Manager; and WHEREAS, pursuant to the provisions of the Folsom City Charter and Chapter 2.08 of the Folsom Municipal Code, the City Council has determined that Employee shall be the City Manager of the City of Folsom; and
WHEREAS, it is the desire of the City Council to establish terms and conditions of employment; establish compensation and certain benefits; provide a procedure to set goals and objectives to be met and the measurement thereof; provide for a review and evaluation of performance; provide for termination, if necessary; and provide for other subjects related to the status of Employee within this Employment Agreement; and WHEREAS, the City Council has determined the salary and benefits for this position as outlined in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, it is the desire of the City Council to secure and retain the services of Employee and to provide inducement for him to remain in such employment and to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security; and
WHEREAS, Employee desires to accept employment with the City of Folsom in the position specified above.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows:
Section Duties
City Council hereby agrees to employ Employee as City Manager of Employer to perform such legally permissible and proper duties and functions as prescribed by the Municipal Code and/or as the City Council may lawfully assign. Employee shall commence his duties on March 70,2025, and salary and all accruals provided herein shall begin with commencement of his duties.
01/14/2025 Item No.13.
Section 2. Term. Termination. Resisnation and Severance Pay A. Notwithstanding any code, ordinance, law or provision to the contrary, the term of this Agreement is four years, with an option to extend for an additional four years on March 10, 2029 inless one of the parties notifies the other by March 10, 2028 of its intention not to extend the Agreement. Notwithstanding the foregoing, nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of Employee at any time, subject to the provisions of the City Charter, Chapter 2.08 of the Folsom Municipal Code, and this Agreement. Employee may resign at any time from his position with Employer subject to providing sixty (60) days advance written notice to Employer, unless the parties hereto otherwise agree, in writing, to a different notice period.
B. In the event Employee resigns or is terminated by the City Council, Employer agrees to pay Employee any accrued and unpaid salary and the cash value ofany accrued annual leave or administrative leave, all subject to federal and state withholding requirements. Such amount shall be paid within thirty (30) days of resignation or termination.
C. In the event Employee is terminated by the City Council, Employer agrees to pay Employee a lump sum cash severance payment as set forth on Exhibit "A," attached hereto. The severance payment shall be the equivalent of the cash value of the monthly salary provided to the Employee without benefits or accrual of annual, vacation, sick or administrative leave during that time period. Employer agrees to make this payment, less withholdings, within thirty (30) days of termination. If Employee is terminated for reasons of criminal misconduct which would amount to a misdemeanor or higher offense under the Penal Code, acts constituting moral turpitude, conflicts of interest or incompatibility of office occurring in the course of employment, whether charges are filed or not, Employer shall have no obligation to make any payments to Employee undei this section. If Employee is terminated as a result of a conviction of an offense amounting to a misdemeanor or higher under the Penal Code, or for committing acts constituting moral turpitude, conflicts of interest or incompatibility of office occurring outside the course of his employment, Employer shall have no obligation to make any payments to Employee under this section.
D. In the event Employee is convicted of a crime that involves abuse of his position or office as defined in Government Code section 53243.4, Employee must fully reimburse the Employer for specified funds pursuant to Government Code section 53243, et seq., as set forth below:
l. If Employee is placed on paid administrative leave pending an investigation by the City of any potential abuse of his position, Employee shall be required to fully reimburse tlie City the cost of the paid administrative leave if he is convicted of a crime involving an abuse of his position.
2. Notwithstanding any other provisions of this Agreement, if Employee has been provided legal criminal defense counsel regarding a charge involving the abuse of his position, Employee must fully reimburse the City for the cost of that counsel if Employee is convicted of a crime involving an abuse of his position'
3. Notwithstanding any other provisions of this Agreement, if this Agreement is terminated, any cash settlement related to the termination that Employee may receive from the -2-
01/14/2025 Item No.13.
Employer shall be fully reimbursed if Employee is convicted of a crime involving an abuse of his position.
Section 3. Compensation
A. Employee's base salary on the effective date of this Agreement shall be payable in installments at the same time as other employees of Employer are paid in the amount set forth in Exhibit A. Employee's salary is reflective of the salary for similar positions in a comparable employment market, based upon a salary survey and takes into account the special expertise, experience and job duties of Employee.
B. The City Council shall review Employee's performance annually, and shall determine compensation based upon Employee's performance' Section 4. Exnense Allowance and Reimbursement
A. Employer's duties require that Employee incur expenses that may not be eligible for reimbursement by the City, but which are nonetheless incurred by Employee in the course of the performance of those official duties and/or functions. Accordingly, to encourage Employee to participate, attend or contribute to events, activities or organizations that enhance and promote the image and interests of the City, the City Council hereby provides to Employee an expense allowance in the fixed amount per month as set forth on Exhibit A as part of Employee's total compensation package.
B. The expense allowance is not intended to prevent or prohibit Employee from seeking reimbursement for expenses that are eligible for reimbursement pursuant to state law and/or City policy, such as travel, lodging or meal expenses incurred while on official business.
C. The expense allowance shall be treated as income and shall be subject to all applicable federal and state taxation requirements. The expense allowance is not contingent on proof of actual expenses incurred by Employee, and Employee shall not be required by the City to maintain any record of non-reimbursable expenses.
D. As an inducement to Employee to accept this Agreement, Employer agrees to reimburse Employee for moving expenses in an amount not to exceed $15,000.00. Employee understands and agrees that the moving expenses reimbursement is not renewable and shall extinguish upon full payment.
E. As a further inducement to Employee to accept this Agreement, Employer agrees to reimburse Employee for housing expenses not to exceed a total of $18,000. Employee understands and agrees that the housing expenses reimbursement is not renewable and shall extinguish upon full payment.
Section 5. Auto Allowance
Employer's duties require that Employee have transportation readily available for his unrestricted use during his employment with Employer, and, to the end of assuring that Employee has a vehicle available, the City Manager shall be granted an automobile allowance as set forth on Exhibit A, payable in monthly installments in the regular payroll process. -3-
01/14/2025 Item No.13.
Section 6. Performance Evaluation
The City Council and Employee shall meet at least once annually to mutually establish goals and performance objectives desired by the City Council to be accomplished during the next year.
Section 7. Administrative Leave
A. Administrative leave shall be commensurate with required job commitments beyond normal work hours, such as attendance at meetings of the City Council and various boards and commissions. It is recognized that Employee has significant job requirements and commitments beyond normal work and Employee shall be credited with administrative leave annually in the amount provided in Exhibit A to this Agreement. Administrative leave shall be credited to Employee on the first day of each calendar year in the full amount specified in Exhibit A.
B. Administrative leave may be used for leave purposes only and has no cash value, except in the event of termination. Administrative leave shall be capped at 80 hours and must be used during the calendar year. Unused hours shall not roll over to subsequent years.
C. In the event of termination, except termination for cause, Employee shall be paid for any unused Administrative Leave on an hour for hour basis.
Section 8. I and Sick Leave
Employee shall accrue annual and sick leave as follows:
A. Employee shall accrue, and have credited annual leave atthe rate set forth in Exhibit A attached to this Agreement. Annual leave shall be comprised of sick leave, personal leave and vacation.
B. There is an annual leave cap of 320 hours. Employee may accrue the unused portion of any earned annual leave up to 320 hours of annual leave. If Employee reaches an Annual Leave balance of 320 hours, Annual Leave will cease to accrue and Employee will begin accruing Sick Leave until the Annual Leave balance falls below 320 hours. When Employee is accruing Sick Leave, it shall accrue at the same rate as Annual Leave (24 hours per month). Sick Leave would continue to accrue thereafter at the rate of 24 hours per month until and unless the Annual Leave bank balance is below 320 hours.
C. Sick leave may only be used by Employee for purposes enumerated in the City Personnel Rules. Accrued sick leave cannot be cashed out and has no cash value. There is no maximum on the number of hours of sick leave Employee may accrue. Consistentwith PERS law, sick leave may be converted to service credit for purposes of retirement.
D. A maximum of 40 hours of accrued Annual Leave is eligible to be cashed out per fiscal year, except upon termination of employment or retirement from the City of Folsom. -4-
01/14/2025 Item No.13.
E. If Employee participates in voluntary contributions to a 401,4 plan with annual leave, nothing in this section is intended to affect such contributions provided the contributions are at no cost to the City.
Section 9. Other Benefits
A. Employee shall be entitled to receive the benefits delineated below in the amounts specified in Exhibit A attached to this Agreement. The benefits provided shall be with plans and as provided to other employees in the city. Benefits provided include:
1. Health, Dental and Vision Insurance (payment of premiums)
2. Life Insurance (payment of premiums)
3. Short and long-term disability insurance (payment of premiums)
4. DeferredCompensation
5. Workers' Compensation coverage for on-the-job injuries or illnesses B. Employer intends to provide Employee with benefits at least equivalent to those benefits available to other City employees. To the extent other benefits are granted to City employees which are not included in this Agreement, the City Council shall consider whether to amend this Agreement to provide such benefits to Employee.
C. Additional and other benefits may be provided to Employee, at the discretion of the City Council, and shall be set forth in Exhibit A.
D. Employer reserves its right to make changes from time to time in the benefits offered and the cost of such benefits to active or retired employees, both before and after retirement.
Section 10. Retirement
Employer agrees to make employer contributions to the California Public Employees Retirement System (PERS) for the 2.0Yo at 55 PERS plan on behalf of Employee. Employee shall have the employee portion of the PERS contribution regularly deducted from his salary by the City and forwarded to PERS, which account shall accrue to the benefit of Employee. Employee's retirement shall be calculated based on his highest average annual compensation during his last consecutive 36-month period of employment with the Employer. Employee shall pay 100%o of the Employee contribution to the PERS Retirement benefit. If Employer modifies the retirement plan provided to other current non-safety employees, then Employee's plan shall conform to the modified plan.
Section 11. Official Travel and Professional Development Employer shall pay the reasonable travel and subsistence, registration and incidental expenses of Employee incurred for official travel, meetings, and events, and Employer shall pay foi the reasonable expenses related to the professional growth and development, andlor professional certification of Employee.
-5-
01/14/2025 Item No.13.
Section 12. Dues and Subscriptions
Employer agrees to pay for the reasonable professional dues and subscriptions of Employee necessary for his continuation and participation in national, regional, state and local associations and organtzations necessary and desirable for his continued professional growth and knowledge enhancement, and for the benefit of Employer.
1 Team Team
The City Council and Employee acknowledge the importance of team building and executive team development and the City Council supports reasonable programs and activities, as determined by the City Manager, to achieve a cohesive and performance-oriented management team.
Section 14. Defense and Indemnification
To the extent required by state law, Employer shall defend, hold harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties for the position specified in this Agreement. Employer may, in its sole discretion, compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon when, in the judgment of Employer such is the most advisable course of action, but in any event, will defend and indemnify Employee. This provision shall survive any termination or resignation of the Employee or expiration of this Agreement. This paragraph is not intended to provide any rights in excess of those rights provided by state law.
Section 15. Notices
A. Notices pursuant to this Agreement shall be given by first class mail addressed as follows:
1. EMPLOYER: City Council
City of Folsom
50 Natoma Street
Folsom, California 95630
Any Notice to the City Council shall include a copy to the City Attorney at the same address
2. EMPLOYEE: Bryan Whitemyer
B. Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice.
C. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the U.S. Postal Service. -6-
01/14/2025 Item No.13.
Section 16. Relationship with Citv Attorne)'
Notwithstanding the power of the City Manager to appoint all employees of the City, including the City Attorney, Employee hereby acknowledges that pursuant to the Rules of Professional Conduct of the State Bar of California, the City Attorney's client is the City.
Employee further acknowledges that the City Attorney is required to advise the City Council if the City Attorney believes that the City Manager has acted, or intends to act in a manner which is likely to result in damage, injury or liability to the City, or has refused to act to prevent such damage, injury or liability. Employee shall take no action to prohibit the City Attorney from fulfi lling such responsibilities.
Section 17. Provision
A. The text hereof shall constitute the entire Agreement between the parties and shall supersede any and all prior agreements and amendments between the parties. No subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by a representative of the City Council and the Employee.
B. This Agreement shall be binding on and inure to the benefit of the heirs at law and executors of Employee.
C. If any provision or any portion of the Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement shall not be affected and shall remain in full force and effect.
l) The Agreement shall become effective immediately upon the execution by both parties
SIGNATURE PAGE IMMEDIATELY FOLLOWS
-7 -
01/14/2025 Item No.13.
IN WITNESS WHEREOF, the Mayor of the City of Folsom, California, pursuant to authority granted to her by the City Charter and Folsom Municipal Code, hereby signs this Agreement on behalf of the City of Folsom as Employer, and Bryan Whitemyer, as Employee, hereby signs this Agreement, both parties agreeing to the terms and provisions set forth herein.
APPROVED AND AUTHORIZED..
Date:
Sarah Aquino, Mayor of the City of Folsom
For the City of Folsom - Employer
ACCEPTED AND AGREED TO:
Date:
Bryan Whitemyer
Employee - City Manager
ATTEST:
Christa Freemantle
City Clerk
APPROVED AS TO FORM:
Steven Wang
City Attorney
-8-
01/14/2025 Item No.13.
EXHIBIT "A"
CITY MANAGER
TOTAL COMPENSATION
$310,000.00 per yearBase Salary:
Benefits:
PERS 2.0Yo at 55. Employee shall pay his PERS employee contributton.
Deferred Comp 457 plan. Choice of 3 carriers; City pays7.5oh of Employee's salary per month to the plan of Employee's choice with no matching contribution required of Employee.
Auto Allowance:
Expense Allowance
Tech Allowance:
Holidays:
Admin Leave:
$500 per month.
$200 per month.
$100 per month.
13 paid City holidays (inclusive of one floating holiday). 80 hours per year.
Effective March 10,2025, Employee will have 80 hours of Administrative Leave available to him. In subsequent years, administrative leave shall be credited in January. Any unexpended hours shall not "roll over" to the following year and shall have no cash value upon separation.
Annual Leave Effective March 10,2025, Employee will have 120 hours of annual leave available to him. Thereafter, annual leave shall accrue at the rate of 24 hours per month.
Employee shall use Annual Leave as follows:
A. Employee may accrue the unused portion of any earned annual leave up to a maximum of 320 hours; Employee may not accrue more than 320 hours of Annual Leave. If Employee reaches an Annual Leave balance of 320 hours, Annual Leave will cease to accrue and employee will begin accruing Sick Leave until the Annual Leave balance falls below 320 hours.
B. A maximum of 40 hours of accrued Annual Leave is eligible to be cashed out per fiscal year, except upon termination of employment or retirement from the City of Folsom.
C. If Employee participates in voluntary contributions to a 401A plan (if -9 -
01/14/2025 Item No.13.
available) with annual leave, nothing in this section is intended to affect such contributions provided the contributions are at no cost to the City.
Sick Leave
A. Effective March 10,2025, Employee will have 120 hours of Sick Leave available to him. Thereafter, Employee shall not accrue Sick Leave unless employee's Annual Leave balance is in excess of 320 hours.
B. When Employee is accruing Sick Leave, it shall accrue at the same rate as Annual Leave (24) hours per month). As an example, should Employee have an Annual Leave bank of310 hours and accrue 24 hours ofleave the following month, 10 hours would accrue as Annual Leave and 14 would accrue as Sick Leave. Sick Leave would continue to accrue thereafter at the rate of 24 hours per month until and unless the Annual Leave bank balance is below 320 hours.
C. Sick leave may be used by Employee for illness or injury as set forth in City Personnel Rules.
D. Upon amendment of the City's contract with PERS to permit Sick Leave to be converted to service credit for purposes of retirement, Employee may participate in the program if program participation is available to Employee.
E. Accrued sick leave shall not be cashed out and shall have no cash value.
F. There shall be no maximum on the number of hours of sick leave Employee may accrue.
Health Insurance: City pays the health insurance premium for Employee, Employee plus 1 or Employee plus family up to the maximum insurance premium rate offered to other Executive Management employees of the City. Employee shall provide contributions to health insurance premiums to the same level required of other City employees.
In the event Employee declines the City's health insurance coverage, Employee shall receive a cash back payment in the amount of $250 per month for each month Employee does not participate in the City's health insurance plan, commencing on the Effective Date of this Agreement. Employee understands and acknowledges that Employee may re-enroll in the City's health insurance plan only during the annual open enrollment period.
Employee may participate in any adopted Health Savings Account adopted by the City, at no cost to the City.
City pays 80% of the dental insurance premium for Employee, Employee plus 1 or Employee plus family for dental insurance - 10 -
Dental Insurance:
01/14/2025 Item No.13.
Vision Insurance
Life Insurance
Disability
Retiree Medical:
coverage offered to other employees of the City. If Employee elects dental coverage, Employee will contribute 20o/o of the monthly premium. If Employee does not elect dental coverage or drops coverage at any time in the future, Employee must wait 2 years to be eligible for dental coverage.
City pays 80% of the insurance premium for Employee, Employee plus 1 or Employee plus family for vision eye insurance coverage offered to other employees of the City. If Employee elects vision coverage, Employee will contribute20Yo of the monthly premium.
If Employee does not elect vision coverage or drops coverage at any time in the future, Employee must wait 2 yearc to be eligible for vision coverage.
City pays i00% of the premium for a $100,000 life insurance policy on policies offered to other Executive Management employees of the City. The life insurance may be portable at no additional cost to the City.
City pays 100% of the monthly premium for both short and long- term disability insurance policies on policies offered to other employees of the City.
The City reserves its right to make changes from time to time in the health benefits offered and the cost ofsuch insurance coverage to active or retired employees, both before and after retirement.
Employee acknowledges City's right.
The City has established a Health Reimbursement Arrangement (HRA) for employees not covered under, or eligible for other retiree health care. The City shall contribute $25 per pay period into the HRA or equivalent mechanism determined by the City and as permissible by law.
Pursuant to applicable law, the City may establish a tax-exempt Voluntary Employee Benefit Association (VEBA), Retiree Health Savings Account (RHSA) or other mechanism for all employees to save for additional Retiree health insurance and provide a mechanism whereby employees may voluntarily contribute toward future costs of retiree health insurance premiums and related expenses. Should such a program be established, Employee shall be permitted to participate if eligible.
Effective September 1,2019, employees who retire from City service must have at least 120 months of continuous service as City employee to qualify for dental and vision insurance benefits provided to active employees. If Employee elects this coverage, City shall contribute 5Yo of the premium per year of City service, up to an 80% City contribution. If Employee does not elect either - l1-
01/14/2025 Item No.13.
Retiree Life Ins
Severance:
vision or dental coverage or drops coverage at any time in the future, Employee must wait 2 years in order to be eligible for coverage.
City pays 100% of the premium for a $70,000 life insurance policy for Retired Directors on policies offered to other Retired Department Directors of the City.
Twelve (12) months' base salary without benefits, and no accrual of annual or administrative leave during that time period. If the number of months remaining on the contract upon discharge is less than the number of months provided for severance, then pursuant to Government Code section 351 1.1 and 53260, Employee's severance sum shall be equivalent to the number of months remaining on the contract. Severance shall not include the value of any accrual of annual or administrative leave.
BRYAN WHITEMYER
Dated:
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01/14/2025 Item No.13.
t :i. r,.l:?r l, r 1r! ta
Folsom City Council
Staff rt
RECOMMENDATION / COIINCIL ACTION
Staff recommends that the City Council approve Resolution No. 11319 to receive a report from the Community Development Department on the approval of a Parcel Map Waiver for a Residential Condominium Project by the Planning Commission pursuant to Folsom Municipal Code Section 16.24.080(E).
BACKGROI IND / ISSIIE
When an applicant is proposing to develop condominiums on a single parcel, they may request a Parcel Map Waiver from the Planning Commission. Folsom Municipal Code GMq) Section
16.24.080(E) requires that, if the Planning Commission approves or conditionally approves a Parcel Map Waiver, the Community Development Department must make a written report to the City Council. The applicant, Tri Pointe Homes Holdings, Inc., requested approval of a Parcel Map Waiver (Residential Condominiums) and Design Review for the development of a 136-unit residential condominium community, referred to as the Sendero (Mangini Ranch Lot 14) project.
The project is located on a 9.5-acre site on the east side of Southpointe Drive and Cormorant Drive in the Mangini Ranch Phase 1 Subdivision portion of the Folsom Plan Area Specific Plan (FPASP).
Approval of an Inclusionary Housing Plan was also requested.
All requests were subject to review and approval by the Planning Commission, which considered the project at its November 20,2024, meeting. The Planning Commission approved all requests unanimously. However, as noted above and further described in the "Policy/Rule" section of this report, the FMC requires the Community Development Deoartment to make a written reoort to the City Council. Further, the City Council may vote to review the Parcel Map Waiver and conditions 1 MEETING DATE Ur412025
AGENDA SECTION: New Business
SUBJECT: Resolution No. 11319- A Resolution Receiving Report from the Community Development Department on the Approval of a Parcel Map Waiver for the Sendero Residential Condominium Project FROM: Community Development Department
01/14/2025 Item No.14.
Staff supports the Parcel Map Waiver granted by the Planning Commission, and recommends that the City Council approve the Resolution confirming the waiver.
POLICY / RULE
FMC Section I6.24.080(E) requires that, if a Parcel Map Waiver is approved or conditionally approved, the Community Development Department shall make a written report to the City Council. FMC Section I6.24.080(E) further states:
". . .If the city council, by a majority vote, decides to review the waiver and conditions, it shall conduct a public hearing after giving notice pursuant to Section 16.16.070(4)...The city council may add, modiff or delete conditions if the city council determines that such changes are necessary to ensure that the waiver conforms to the Subdivision Map Act and this code. The city council may deny the waiver on any of the grounds contained in this title."
ANALYSIS
Staff is providing this written report with a recommendation that the City Council confirm the Planning Commission's approval of the Parcel Map Waiver through approval of ResolutionNo. 11319. In its action, the Planning Commission made all necessary findings for approving the Parcel Map Waiver, including that it is consistent with the City of Folsom 2035 General Plan, the Folsom Plan Area Specific Plan, the City's Subdivision Ordinance, and the Subdivision Map Act.
The Planning Commission further found that the site is physically suitable for the type and density of development proposed, and that project would not likely cause substantial environmental damage or serious public health or safety problems. If the Council follows staffs recommendation, it will forego review of the Parcel Map Waiver, and the Planning Commission approval will stand consistent with FMC Section 16.24.080(E).
FINANCIA I,IMPACT
No financial impact is anticipated with the approval of the Parcel Map Waiver as the project will not result in any changes to the total number of residential units within the FPASP.
ENVIRONMENTAL REVIEW
Staff is requesting that the City Council confirm the Planning Commission's action approving the Parcel Map Waiver. There is no action pending to again approve the Parcel Map Waiver itself, therefore, the request to the City Council is not considered a project under the California Environmental Quality Act (CEQA). Should the Council choose not to approve the proposed Resolution and request that the Parcel Map Waiver be added to a subsequent hearing calendar for review, further environmental review under CEQA may be required.
For context, a CEQA Exemption and Streamlining Analysis was completed for an earlier proposed development on the project site. It was determined that the project was a residential project consistent with an approved Specific Plan for which an Environmental Impact Report (EIR) was prepared. Per CEQA Guidelines Section 15182(c), these projects are exempt from further environmental analysis, provided they meet certain criteria (which the project met). It was found 2 Page 172
01/14/2025 Item No.14.
that the Sendero (Mangini Ranch Lot 14) project qualified for the Exemption under Section 1 5 1 82(c).
ATTACHMENTS
1. Resolution No. 1 l3l9- A Resolution Receiving Report from the Community Development Department on the Approval of a Parcel Map Waiver for the Sendero Residential Condominium Proj ect
2. Planning Commission Staff Report, dated November 20,2024 (without attachments)
3. Minutes from November 20, 2024, Planning Commission meeting
4. Preliminary Site Plan for Condominium Purposes, dated October 25,2024
5. Draft Condominium Plan, dated September 27,2024
6. Conditions of Approval
Submitted,
PAM JOHNS
Community Development Director
-) Page 173
01/14/2025 Item No.14.
ATTACHMENT 1
01/14/2025 Item No.14.
RESOLUTION NO. 11319
A RESOLUTION RECEIVING REPORT FROM THE COMMUNITY DEVELOPMENT
DEPARTMENT ON THE APPROVAL OF A PARCEL MAP WAIVER FOR THE
SENDERO RE,SIDENTIAL CONDOMINIUM PROJECT
WHEREAS, the Planning Commission on November 20,2024, held a public hearing on a proposed Parcel Map Waiver, Design Review, and Inclusionary Housing Plan, known as the Sendero (Mangini Ranch Lot 14) project, considered public comment, and found that the project is exempt from the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission on November 20,2024, held a public hearing on a proposed Parcel Map Waiver, Design Review, and Inclusionary Housing Plan, known as the Sendero (Mangini Ranch Lot 14) project, considered public comment, and, based on the proposed project exhibits, determined that the proposed project complies with all City requirements as well as with the requirements of the State Subdivision Map Act and approved the project; and WHEREAS, Folsom Municipal Code Section 16.24.080(E) requires that, if a Parcel Map Waiver is approved or conditionally approved by the Planning Commission, the Community Development Department shall make a written report to the City Council, and further, that the City Council may vote to review the Parcel Map Waiver and conditions; and WHEREAS, the City Council has received a written report from the Community Development Department on the approval of the Parcel Map Waiver by the Planning Commission, with conditions; and
WHERB,AS, the City Council finds that the Planning Commission made appropriate findings to support approval of the Parcel Map Waiver in their November 20,2024, action and that no further review from the City Council is necessary for the Sendero (Mangini Ranch Lot 14) project.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the written report from the Community Development Department and confirms the November 20, 2024, Planning Commission approval of the Sendero (Mangini Ranch Lot 14) project.
PASSED AND ADOPTED this 14th day of January,2}25,by the following roll-call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember(s):
Councilmember(s):
Councilmember(s):
Councilmember(s):
Resolution No. 11319
Sarah Aquino, MAYOR
01/14/2025 Item No.14.
ATTEST
Christa Freemantle, CITY CLERK
Resolution No. 1 1319
Page2 of2 Page 176
01/14/2025 Item No.14.
ATTACHMENT 2
01/14/2025 Item No.14.
FOr-S()Nr
Project:
File #:
Request:
Location:
Parcel(s):
Staff Gontact:
Property Owner
Name: Folsom Real Estate South, LLC
Address: 4370 Town Center Blvd,
Suite 100
Folsom, CA 95630
Planning Gommission Staff Report
50 Natoma Street, Council Chambers
Folsom, CA 95630
Sendero (Mangini Ranch Lot 14)
MSTR24-00225
Tentative Parcel Map Waiver (Residential Condominiums), Design Review, and lnclusionary Housing Plan
I 4545 Southpointe Drive
072-4390-001, -002, -003, -004
Jessica Brandt, Principal Planner, 916-461-6207
[email protected]
AGENDA ITEM NO. 3
Type: Public Hearing
Date: November 20,2024
Applicant
Name: Tri Pointe Homes Holding, lnc.
Address: 201 Creekside Ridge Ct, Suite 270
Roseville, CA 95678
Recommendation: Conduct a public hearing and upon conclusion approve a Tentative Parcel Map Waiver (Residential Condominiums), Design Review, and lnclusionary Housing Plan for the Sendero (Mangini Ranch Lot 14) project (MSTR24-00225), based on the findings included in this report (Findings A-P) and subject to the attached conditions of approval (Conditions 1 -58).
Project Summary: The proposed project includes development of a 136-unit residential condominium project on a 9.S-acre site at 14545 Southpointe Drive, in the SP-MMD (Multi- Family Medium Density Residential) land use designation of the Folsom Plan Area Specific Plan. The project proposes utilizing site improvements already in place for the now-defunct Mangini Ranch Lol 14 Bungalows project, with some modifications to allow additional building pods, removal of some site amenities, and reduction in overall unit count.
Table of Contents:
1 - Background
2 - Description/Analysis
3 - Conditions of Approval
4 - Vicinity Map
5 - Preliminary Site Plan for Condominium Purposes, dated October 25,2024 6 - Preliminary Utility Plan, dated October 25,2024
City of Folsom Page 1
01/14/2025 Item No.14.
AGENDA ITEM NO. 3
Type: Public Hearing
Date: November 20,2024
B-()LS()ltl
7 - Preliminary Grading and Drainage Plan, dated October 25,2024 8 - Preliminary Landscape and Site Furnishings Plan, dated August 2024 9 - Fencing Plan, dated September 25,2024
10 - Preliminary Lighting Plan, dated September 17, 2024 11 - Pedestrian Access and Circulation Plan, dated September 13,2024 12 - Architectural Design Package, Dated October 22,2024 13 - Preliminary Exterior Color/Material Design Booklet, dated October 24,2024 14 -Draft Condominium Plan, dated September 27,2O24
15 - Draft Codes, Covenants, and Restrictions (CC&Rs)
16 - Pro.lect Narrative, dated September 27,2024
17 - Sendero lnclusionary Housing Compliance Letter, dated October 25,2024 Submitted,
PAM JOHNS
Comm unity Development Director
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
ATTACHMENT 1
BACKGROUND
BACKGROUND
The proposed project site is part of the approved Folsom Plan Area Specific Plan (FPASP), a comprehensively planned community that proposes new development based on "Smart Growth" and Transit Oriented Development principles. The FPASP, approved in2011 and recently amended in August 2024, is a development plan forover3,500 acres of previously undeveloped land located south of U.S. Highway 50, north of White Rock Road, east of Prairie City Road, and west of the Sacramento County/El Dorado County line in the southeastern portion of the City.
The Sendero (Mangini Ranch Lot 14) project site is comprised of four parcels, which together comprise FPASP Parcel 137 as shown in the Folsom Plan Area Specific Plan.
Parcel 137 is designated as Multi-Family Medium Density (MMD) which provides for development of 1 2lo 20 dwelling units per acre. An excerpt from the FPASP Land Use map with the project parcel is shown below.
FIGURE 1: FPASP LAND USE MAP EXCERPT
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1 On June 2,2021, the Planning Commission approved a Tentative Parcel Map, Design Review, and a Minor Administrative Modification for the Mangini Ranch Lot 14 Bungalows project (PN20-264) for 160 units. The project proposed construction of $K
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City of Folsom Page 3
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
markelrate rental units arranged in pods containing four residential units and garage space surrounding private yard areas. The design concept also included a clubhouse and two outdoor amenity areas. The approved site plan concept is shown below:
FIGURE 2: APPROVED BUNGALOWS SITE PLAN
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The 9.S-acre project site is east of East Bidwell Street, south of Mangini Parkway, and north of White Rock Road in the southern portion of the Mangini Ranch Phase 1 Subdivision. Southpointe Drive provides access to the site from East Bidwell Street and Hummingbird Circle and Cormorant Drive provide access to Mangini Parkway.
The site has been graded and site improvements including access drives and utilities have been installed. Open space surrounds the site on the north, west, and east, and White Rock Road is immediately south with undeveloped land in unincorporated Sacramento County further south. Single-family residential neighborhoods are north and F:il }
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City of Folsom Page 4
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
east of the site and the recently completed Mangini Ranch Lot 16 Apartments project (by Van Daele Homes) is west of the site along Southpointe Drive. Commercial uses are planned further to the west of the site, at the northeast corner of East Bidwell Street and White Rock Road.
ln October of 2022, the City of Folsom Community Development Department approved the Mangini Ranch - Phase 1E - Van Daele Bungalows lmprovement Plans for this site (FPASP Lot 137). Site improvements, including grading, interior streets, and parking areas, were subsequently completed. ln addition, the requested Parcel Map for the site was recorded. A recent aerial view of the project site is below:
FIGURE 3: AERIAL PHOTO OF SITE
However, the applicant encountered financial difficulties and were unable to reach an agreement with the property owner to continue development of the site. Subsequently, Tri Pointe Homes Holdings, lnc. entered into an agreement with the property owner to complete development on the site. Tri Pointe proposed several modifications to the approved project design and to develop the project as a for-sale condominium project, which necessitated a request for a Parcel Map Waiver (Residential Condominiums) and Design Review.
City of Folsom Page 5
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
ATTACHMENT 2
DESCRIPTION/ANALYSIS
PROJECT DESCRIPTION
The applicant, Tri Pointe Homes Holdings, lnc. requests approval of a Parcel Map Waiver (Residential Condominiums) and Design Review for the development of a 136-unit residential condominium community (referred to as Sendero or Mangini Ranch Lot 14- Sendero), on a g.s-acre site on the east side of Southpointe Drive and Cormorant Drive in the Mangini Ranch Phase 1 Subdivision portion of the Folsom Plan Area.
Requested Entitlements
The first entitlement is a request for approval of a Parce Map Waiver (Waiver) to permit establishment of a condominium project on a single parcel. The applicant requests the Waiver to create a residential condominium community of 136 units on the subject parcel.
The second entitlement requested is for Design Review to ensure compliance with existing development standards, review of the project site design, and evaluate the architectural design of the buildings. The third entitlement is approval of an lnclusionary Housing Plan that proposes to meet the lnclusionary Housing Ordinance requirement with the payment of in-lieu fees. The project does not require any deviations from applicable development standards or any modification from the Bungalows project Planned Development Permit. Should this project be approved by the Planning Commission, the applicant plans to submit a Minor Administrative Modification (MAM) to staff requesting the transfer of 24 unused dwelling units that were originally allocated to site (FPASP Parcel 137) to another site within the Folsom Plan Area Specific Plan (FPASP Parcel 68) to retain the overall approved dwelling units in the Plan Area' Proiect Overview
The project proposes the construction of 136 attached and detached for-sale dwelling units arranged for the most part in pods containing three residential units each. Each pod will contain three two-story buildings. One building will contain three two-car garages, one for each unit, and a carriage home (Plan 1) situated above. The other two buildings (Plans 2 and 3) will be developed as stand-alone bungalow homes with private courtyards between the bungalows and garage/carriage houses.
The project includes 44 pods of three units each. There are also four single two-story bungalow units with detached garages, for a total unit count of 136. The pods are arranged along the internal drive aisles developed for the Bungalows project, which provide direct access to the garage/carriage house buildings. The applicant proposes to modify the approved site plan to remove the clubhouse and pool and some surface parking areas and replace them with additional pods. Garages will provide most on-site parking, wlth 272 bays proposed. Additional surface parking will be scattered through the site (56 stalls) and street parking is expected to provide an additional 12 spaces, totaling 340 parking spaces. The proposed site plan and an overlay of the proposed site changes are shown below.
City of Folsom Page 6
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
FIGURE 4: PROPOSED SITE PLAN
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City of Folsom PageT
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
FIGURE 5: OVERLAY OF EXISTING AND PROPOSED IMPROVEMENTS The applicant states that they kept site layout changes to a minimum to take advantage of the completed site improvements as much as possible. ln addition, the applicant is proposing to retain the following site improvements approved for the Bungalow projects:
. Walls and fencing which include a decorative masonry sound wall along the White Rock Road frontage and split rail fence along the balance of the site perimeter. . Site lighting which includes pole-mounted parking lot lighting, building-attached lighting, and bollard lights along pathways.
o Trail and pedestrian connections which include development of and connection to a Class I multipurpose trail at the open space area directly to the west of the subject property and pedestrian connection from the property to future Class 1 multipurpose trail on the north side of White Rock Road. i1l
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City of Folsom Page 8
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
. Access to the site will continue to be from two driveway locations from the extension of Southpointe Drive.
The applicants propose to maintain a design theme of 'American Farmhouse' as was proposed for the Bungalows project but add two more design themes, Spanish Colonial and American Colonial. Examples of each are shown below. Each pod follows a single design theme, with the themes alternating between the pods so that no theme is found directly adjacent to or across from itself.
FIGURE 6: DESIGN THEMES
A. SPANISH COLONIAL
B. AMERICAN FARMHOUSE
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City of Folsom Page 9
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
C - AMERICAN COLONIAL
Proposed Unrtg
The unit plans range from 1 ,513 square feet to 1 ,870 square feet. The carriage house is a three-bedroom, two bath unit with an outdoor deck and the bungalows both are four bedroom and three bathrooms units with individual private courtyards. Access to the carriage units is from a porch and staircase behind the unit's garage facing the bungalow units. Access to the bungalow units is from either the unit's garage via the courtyard or at the front of the bungalow units from a perimeter walkway that winds around the site boundary or interior walkways that cut between pods.
FIGURE 7: INDIVIDUAL PLAN DETAILS
Note: lndividual bungalows maY be developed as either Plan 2 or 3, depending on market conditions Plan Number
of Units
Unit Type Unit Size Stories Unit Type
1 44 3 bedrooms, 2 baths 1,513 sf 1 storv Attached
2 45 4 bedrooms, 3 baths 1,635 sf 2 story Detached
3 47 4 bedrooms, 3 baths 1,870 sf 2 story Detached
136
City of Folsom Page '10
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
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FIGURE 8: TYPICAL BUILDING POD
The applicant states that pod design considered both unit privacy and ensuring every unit had ample natural light. For example, the carriage home has limited windows facing the bungalow units and courtyards but has additional windows at the side and rear of the unit and an outdoor deck at the back as well, providing private outdoor space for each unit.
The second story floorplan is shown below for reference.
City of Folsom Page 1 1
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
FIGURE 9: TYPICAL BUILDING POD SECOND FLOOR PLANS
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Parcel Map Waiver and Condomi nium Plans
The applicant proposes to create a one-lot residential condominium map, as permitted under Folsom Municipal Code (FMC) Section 16.12.020 (Division of land- Five or more parcels). FMC Section 16.24.080(AX4) permits the Planning Commission to waive all or part of the requirements for a tentative and parcel map for construction of a condominium project on a single parcel, which is the applicant's request. A waiver by the Planning Commission may be conditioned to provide for, among other things, payment of the subdivider of parkland dedication, drainage and other fees that are permitted by law.
Planning staff have confirmed with Parks and Recreation Department staff that parkland dedication requirement for the subject site were satisfied by the Bungalows project with land dedicated for Neighborhood Park 6 in the FPA. Conditions have been included for this project that require payment of any other applicable fees.
Each residential unit would be individually owned in fee title, with the areas below, ffi W
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City of Folsom Page 12
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
surrounding, and above each unit owned by a common interest development entity of which each owner has a fractional interest. The applicant has provided a draft condominium plan showing how ownership and easements would be reflected, which is included in the figure below. They also provided a draft set of Covenants, Conditions, and Restrictions (CC&Rs) that, once finalized and approved by the California Department of Real Estate, will govern use, maintenance, assessments, and other operational aspects of the condominium community. The draft CC&Rs are included as Attachment 15 to this report.
FIGURE 10: GONDOMINIUM COMMON AREA DIAGRAM
SENDERO
CONDOMINIUM PLAN
CONDOMINIUM COMMON AREA DIAGRAM
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City of Folsom Page 13
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
As permitted by the City's lnclusionary Housing Ordinance, the applicant is proposing to meet their inclusionary housing requirement by providing an in-lieu fee payment (Attachment 17). The in-lieu fee payment is calculated by multiplying one percent of the lowest priced for-sale residential unit within the proposed condominium project by the total number of for-sale residential units within the proposed subdivision. The in-lieu fee is payable at the time of the building permit on a per-unit basis.
ANALYSIS
General Plan and Plan Consistencv
The 9.5-acre project site has a General Plan land use designation of MMD (Multifamily Medium Density) and a Specific Plan designation of SP-MMD-PD (Specific Plan-Multi- Family Medium Density-Planned Development Permit District). The prolect is consistent with both the General Plan and the Specific Plan land use designations, as multi-family condominiums are identified as a permitted land use within the Folsom Plan Area Specific Plan (FPASP, Table A.1). The proposed project, which will be developed with 14 dwelling units per acre, is also consistent with the allowable density range (12-20 dwelling units per acre) established by the General Plan (Table LU-1: Residential Designations) and the FPASP. The proposed project meets the development requirements established in the FPASP (Table A.5) for lot area, building height, building setbacks, and parking, as described below.
Applicable General Plan Goals and Policies
GP GOAL LU 1.1 Land Use/Growth and Chanqel
Retain and enhance Folsom's quality of life, unique identity, and sense of community while continuing to grow and change.
GP POLICY LU 1 .1.12-1 (lnfill Development)
Respect the local context: New development should improve the character and connectivity of the neighborhood in which it occurs. Physical design should respond to the scale and features of the surrounding community, while improving critical elements such as transparency and permeability.
Analysis. The proposed project is consistent with this policy in that the project features significant site and design improvements that will enhance the overall character of the area, including introducing new residential units with a modern farmhouse residential design intended to complement the design of approved and constructed residential developments in the vicinity. ln addition, the proposed project is consistent with the Folsom Ranch Central District Design Guidelines.
GP POLICY LU 1.1.15 (SACOG Blueprint Principles)
Strive to adhere to the Sacramento Regional Blueprint Growth Principles City of Folsom Page 14
01/14/2025 Item No.14.
Planning Commission
Sendero (Mangini Ranch Lot 14) (MSTR24-00225)
November 20,2024
Analvsis: The proposed project is consistent with this policy in that the project has been designed to adhere to the primary SACOG Blueprint Principles, including Compact Development, Housing Choice and Diversity, Use of Existing Assets, and Quality Design. Compact Development involves creating environments that are more compactly built and use space in an efficient but attractive manner and helps to encourage more walking, biking, and transit use and shorter auto trips. Housing Choice and Diversity includes providing places where people can live (apartments, townhomes, condominiums, and single-family detached homes) and creating opportunities for the variety of people who need them such as families, singles, seniors, and people with special needs. Use of Existing Assets entails intensification of the existing use or redevelopment to make better use of existing public infrastructure, including roads. Quality Design focuses on the design details of any land development (such as relationship to the street, placement of buildings, sidewalks, street widths, landscaping, etc.), which are all factors that influence the attractiveness of living in a compact development and facilitate the ease of walking within and in and out of a community.
GP GOAL H-2 (Removinq Barriers to the Production of Housinql To minimize governmental constraints on the development of housing for households of all income levels.
GP POLICY H 2.7
The City shall educate the community on the needs, the realities, and the benefits of affordable and high-density housing.
Analvsis: The proposed project is consistent with this policy in that the prolect will result in development of a 136-unit condominium community with a residential density of 14 units per acre. The project combines attached and detached residential units and provides a denser alternative to living in a neighborhood of traditional single-family detached units.
GP GOAL M 4.1 (Vehicle Traffic and Parkinql
Ensure a safe and efficient network of streets for car and trucks, as well as provide an adequate supply of vehicle parking.
GP POLICY M 4.1.3 (Level of Service)
Strive to achieve a least traffic Level of Service "D" (or better) for local streets and roadways throughout the City. ln designing transportation improvements, the City will prioritize use of smart technologies and innovative solutions that maximize efficiencies and safety while minimizing the physical footprint. During the course of Plan buildout it may occur that temporarily higher Levels of Service result, where roadway improvements have not been adequately phased. However, this situation will be minimized based on annual traffic studies and monitoring programs. Staff will report to the City Council at regular intervals via the Capital improvement Program process for the Council to prioritize project integral to achieving Level of Service D or better.
City of Folsom Page 15