Folsom City Council
April 28, 2026

1 Agenda
City Council Regular Meeting
Folsom City Hall | City Council Chambers, First Floor
50 Natoma Street, Folsom, CA 95630
April 28, 2026, 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, April 28, 2026 6:30 PM

Justin Raithel, Mayor

Sarah Aquino, Councilmember Barbara Leary, Councilmember Mike Kozlowski, Councilmember Anna Rohrbough, Vice Mayor

AGENDA

CALL TO ORDER
ROLL CALL: Councilmembers: Kozlowski, Leary, Rohrbough, Aquino, Raithel 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 w ill 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.

SCHEDULED PRESENTATIONS:

1. Introductory Presentation of Folsom Public Library Programs and Services

2. Presentation from California State Parks Representatives Regarding Parks Mural Project

3. Presentation from HART (Homeless Assistance Resource Team) Regarding the 2026 Winter Shelter

3 CONSENT CALENDAR:

Items appearing on the Consent Calendar are considered routine and may be approved by one motion.

Councilmembers may pull an item for discussion.

4. Approval of the April 14, 2026 City Council Special, Regular and Joint Meeting Minutes

5. Ordinance No. 1367 – An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04,

13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations (Second Reading and Adoption)

6. Ordinance No. 1369 – An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municipal Code Concerning Water System Cross-Connection Control (Second Reading and Adoption)

7. Community Park West Alternative Site Development Agreement Amendments (DEVA26-00028) and determination that these requests are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)
i. Ordinance No. 1363 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, With Respect to Property Previously Owned by Hillsborough North, LLC. (Second Reading and Adoption) ii. Ordinance No. 1364 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, With Respect to Property Previously Owned by Prairie City Commercial Properties, LLC. (Second Reading and Adoption) iii. Ordinance No. 1365 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, With Respect to Property Previously Owned by West Hillsborough Investors, LLC. (Second Reading and Adoption)

8. Resolution No. 11594 - A Resolution Authorizing the City Manager to Seek Grant Funds from the United States Bureau of Reclamation for WaterSMART Small-Scale Water Efficiency Projects for $100,000

9. Resolution No. 11597 - A Resolution Authorizing Staff to Submit Grant Applications for Funding for the Folsom Boulevard Pedestrian Overcrossing (POC) Project Through the Safe Streets for All (SS4A) Grant Program Administered by the U.S. Department of Transportation and the Statewide Active Transportation Program (ATP) Cycle 8 Administered by the California Department of Transportation

4 10. Water Treatment Plant Caustic Soda Storage and Feed System Project (WA2401) i. Resolution No. 11598- A Resolution Authorizing the City Manager to Execute an Agreement with BWD Construction, Inc. dba BWD General Engineering Contractors for $1,311,720 from the Water Operating Fund (Fund 520) and $874,480 from the Water Capital Fund (Fund 521) for Construction of the Water Treatment Plant Caustic Soda Storage and Feed System Project (WA2401)
ii. Resolution No. 11599- A Resolution Authorizing the City Manager to Execute an Agreement with Inferrera Construction Management Group, Inc. for $225,171 from the Water Operating Fund (Fund 520) and $150,114 from the Water Capital Fund (Fund 521) for Construction Management and Inspection Services for the Water Treatment Plant Caustic Soda Storage and Feed System Project (WA2401) and Appropriation of Funds

11. Resolution No. 11600- A Resolution Authorizing Applications for Grant Funding from the Sacramento Area Council of Governments (SACOG) 2026 Federal Funding Programs, Authorizing the City Manager to Submit City of Folsom SACOG 2026 Federal Funding Program Application Priorities, and Authorizing the City Manager to Execute All Grant Documents and Timely Project Delivery Requirements

12. Resolution No. 11602 – A Resolution Authorizing the City Manager to Execute a Consultant Services Agreement with Dewberry Engineers, Inc. for Construction Management and Inspection Services in the amount of $57,376.80 from the Drainage Capital Improvement Fund (Fund 448) for the Bidwell Street Storm Drain Replacement Project, Project No. 2499, and Appropriation of Funds

13. Resolution No. 11605- A Resolution Authorizing the City Manager to Execute an Agreement with Axon Enterprise, Inc. for the Renewal of Police Camera and Technology Lease PUBLIC HEARING:

14. Natoma Station Maintenance Assessment District No. 2025-2 Public/Protest Hearing and Ballot Proceedings; Direction to Staff to Tally Ballots and Return with Results at the Next City Council Meeting

15. Resolution No. 11539 - A Resolution of the City Council of the City of Folsom Declaring Results of Majority Protest Proceedings and Modifying the Assessment Rate of the Folsom Tourism Business Improvement District (Continued from February 24, 2026)

16. Resolution No. 11601- A Resolution Replacing Resolution No. 11366 and Approving the Updated City Impact and Connection Fee Schedule for Law Enforcement, Fire Suppression, General Facilities, Vehicles and Equipment, Park Improvement, Humbug-Willow Creek, Housing Trust, Water, Sanitary Sewer, Solid Waste, Transportation Improvement, Drainage, and Light Rail Impact Fees

17. Resolution No. 11604- A Resolution Replacing Resolution No. 11364, 11365 and 11371 and Enacting the Annual Inflationary Adjustment for City User Fees OLD BUSINESS:

18. Resolution No. 11596 - A Resolution Approving the Parks & Recreation Commission’s Recommendation to Approve the Benevento Family Park Master Development Plan

5 19. Resolution No. 11603 – A Resolution Authorizing the City Manager to Execute Contract Amendment #1 with R.E.Y. Engineers, Inc. for the Riley Street Safety Improvement Project, Project No. PW2101, in the Amount of $1,616,074 using $1,430,710 from a Federal Grant and $185,364 from the Transportation Improvement Fund (Fund 446) and Appropriation of Funds in the Transportation Improvement Fund (Fund 446)

CITY MANAGER REPORTS

COUNCIL COMMENTS

ADJOURNMENT

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

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

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

PERSONS INTERESTED IN PROPOSING AN ITEM FOR THE CITY COUNCIL AGEND A SHOULD CONTACT A MEMBER OF THE CITY COUNCIL.

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 confirm 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.

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

Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Scheduled Presentations
ITEM TITLE: Introductory Presentation of Folsom Public Library Programs and Services

FROM: Library

BACKGROUND / ISSUE

Folsom Public Library leads the region in the delivery of library services.

To improve awareness of the many ways that the Library supports learning, connects our diverse community, and enriches our residents’ lives, staff from the Folsom Public Library will provide a brief presentation that introduces some of the programs and services that it delivers to children, teens, and adults.

Submitted,

______________________________
Thomas Gruneisen, Library Director

04/28/2026 Item No.1.

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04/28/2026 Item No.1.

Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Scheduled Presentations
SUBJECT: Presentation from California State Parks Representatives Regarding Parks Mural Project

FROM: City Clerk's Department

ACTION:

Representatives from California State Parks will share information regarding the State’s mural project.

No action is requested of the City Council.

Respectfully submitted,

Christa Freemantle, CMC
City Clerk

04/28/2026 Item No.2.

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04/28/2026 Item No.2.

Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Scheduled Presentations
SUBJECT: Presentation from HART of Folsom (Homeless Assistance Resource Team) regarding the 2026 Winter Shelter

FROM: City Clerk's Department

ACTION:

HART Winter Shelter representatives requested an opportunity to present the City Council with a summary of HART’s 2026 winter shelter, which was open from January 2 through March 1. The Winter Shelter is a joint effort with local churches to offer temporary, emergency shelter for homeless people in Folsom.

No action is requested of the City Council.

Respectfully submitted,

Christa Freemantle, CMC
City Clerk

04/28/2026 Item No.3.

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04/28/2026 Item No.3.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 1

City Council Special Meeting

MINUTES

Tuesday, April 14, 2026 5:45 PM

CALL TO ORDER

The special City Council meeting was called to order at 5:45 pm with Mayor Raithel presiding.

ROLL CALL:

Councilmembers Present:

Barbara Leary, Councilmember
Anna Rohrbough, Vice Mayor
Sarah Aquino, Councilmember
Justin Raithel, Mayor
Councilmembers Absent: Michael Kozlowski

ADJOURNMENT TO CLOSED SESSION FOR THE FOLLOWING PURPOSES:

1. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): Amber Jaimes Inguanzo, Rocio Inguanzo Urquidez v. City of Folsom, Steven Lanagakali Brown, San Mateo County Superior Court Case No. 25-CLJ-07653

2. Conference with Legal Counsel - Existing Litigation - Pursuant to Government Code Section 54956.9(d)(1): James Bogener v. City of Folsom, Michael Israel James, and Does 1-30, Sacramento County Superior Court Case No. 26CV005739

3. Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation Pursuant to Government Code section 54956.9(d)(4): One Potential Case

Motion by Councilmember Aquino, second by Councilmember Leary to adjourn to closed session. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Raithel
NOES: None
ABSENT: Kozlowski
ABSTAIN: None

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 2

RECONVENE
Interim City Attorney Sari Dierking announced that the City Council authorized legal counsel to defend the cases identified in agenda items 1 and 2 with a unanimous vote (Councilmember Kozlowski absent).

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

SUBMITTED BY:

_______________________________
Christa Freemantle, City Clerk
ATTEST:

______________________________
Justin Raithel, Mayor

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 1

City Council Regular
and
Joint City Council Meeting/Folsom Ranch Financing Authority Meeting

MINUTES

Tuesday, April 14, 2026 6:30 PM

CALL TO ORDER

The regular City Council meeting was called to order at 6:31 pm with Mayor Raithel presiding.

ROLL CALL:

Councilmembers Present: Barbara Leary, Councilmember
Anna Rohrbough, Vice Mayor
Sarah Aquino, Councilmember
Michael Kozlowski, Councilmember
Justin Raithel, Mayor

Councilmembers Absent: None

PLEDGE OF ALLEGIANCE

The pledge of allegiance was recited.

AGENDA UPDATE
Interim City Attorney Sari Dierking advised that staff requested Item No. 19 be continued off calendar and that additional information was available for Item No. 23.

BUSINESS FROM THE FLOOR:

The following speakers spoke under this item:

1. Kevin Goddard

2. Alexis Goddard

3. Richard Heiler

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 2

SCHEDULED PRESENTATIONS:

1. Proclamation of the Mayor of the City of Folsom Proclaiming April 12-18, 2026 as National Public Safety Telecommunicators Week in the City of Folsom
Vice Mayor Rohrbough presented the proclamation.

2. Proclamation of the Mayor of the City of Folsom Proclaiming April 19-25, 2026 as National Library Week in the City of Folsom
Councilmember Aquino presented the proclamation.

3. Proclamation of the Mayor of the City of Folsom Recognizing 20 Consecutive Years as a Tree City USA and Celebrating Arbor Day
Councilmember Kozlowski presented the proclamation.

4. Proclamation of the Mayor of the City of Folsom Proclaiming April 22, 2026, as Earth Day, Celebrated on April 18, 2026
Councilmember Leary presented the proclamation.

5. Presentation Regarding the Fire Department Deployment Model Fire Chief Jason Solak presented an overview of the Fire Department deployment model and responded to questions from the City Council. City Manager Bryan Whitemyer provided additional comments.

The following speaker spoke under this item:

Jack Coplen

6. A Presentation from HomeServe USA Corporation regarding Homeowner Water and Sewer Service Line Protection Program and Direction to Staff
Utilities Director Marcus Yasutake introduced the item. Regional Director Bill Coffey of HomeServe USA made a presentation and responded to questions from the City Council. City Manager Bryan Whitemyer provided additional comments.

The following speaker spoke under this item:

Rob Allen
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.

7. Approval of the March 24, 2026 City Council Special and Regular Meeting Minutes

8. Zoning Code Update – Accessory Dwelling Unit Ordinance Hearing and Determination that the Project is Exempt from CEQA; Ordinance No. 1361 - An Ordinance of the City of Folsom for the Repeal and Re-Enactment of Chapter 17.105 of the Folsom Municipal Code Pertaining to Accessory Dwelling Units (Second Reading and Adoption)

04/28/2026 Item No.4.

File 034-21 26-001
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April 14, 2026

Draft- Not Official Until Approved by the City Council Page 3

9. Resolution No. 11585 – A Resolution Authorizing the City Manager to Execute an Agreement with Ensure Utility Inc. dba Phoenix Water Solutions for $282,422.50 from the Water Operating Fund (Fund 520) for the Water Meter and End Point Replacement Project

10. Resolution No. 11586 – A Resolution Authorizing the City Manager to Execute Amendment No. 1 to the Agreement (Contract No. 173-21 24-030) with Water Systems Consulting, Inc. for $107,850 from the Water Operating Fund (Fund 520) for Additional Consulting Services for the Water Conservation Needs Assessment and Appropriation of Funds

11. Resolution No. 11587 – A Resolution Authorizing the City Manager to Execute an Agreement with N&S Tractor Co. in the amount of $127,343.19 from the Solid Waste Operating Fund (Fund 540) for the Purchase of a Front Loader

12. Resolution No. 11588 – A Resolution Authorizing the City Manager to Execute a Program Supplement Agreement with Caltrans for the Folsom-Placerville Rail Trail Project, Project No.

PK1604, Federal Project No. 5288(042)

13. Resolution No. 11589 - A Resolution Authorizing the City Manager to Execute a Construction Agreement With Frontline General Engineering Construction, Inc. in the amount of $1,078,379 for the Livermore Community Park Phase V Project, Project No. 002643, from the Park Dedication (Quimby) Fund (Fund 240) in the Amount of $787,226 and from the Park Improvements Impact Fund (Fund 412) in the Amount of $291,153, and Appropriation of Funds in the Amount of $147,974 from Fund 412, for a Total Project Budget of $1,347,974

14. Resolution No. 11592- A Resolution Authorizing the City Manager to Execute a Program Supplement Agreement with Caltrans for the Folsom Lake Crossing Phase 2 Safety Improvement Project, Project No. PW2601, Federal Project No. 5288(055)

15. Resolution No. 11593 – A Resolution Approving the Alder Creek West Large Lot Final Map and Authorizing the City Manager to Accept Offers of Dedication Associated with Said Map Motion by Councilmember Kozlowski, second by Councilmember Aquino to approve the Consent Calendar. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 4

PUBLIC HEARING:

16. Resolution No. 11591 - A Resolution Approving the Final Engineer’s Report, Confirming the Diagrams and Assessments, and Ordering the Continued Levying of Assessments for Maintenance and Servicing of Improvements Within the City of Folsom Landscaping and Lighting Districts for Fiscal Year 2026-27 for American River Canyon North, American River Canyon North No. 2, American River Canyon North No. 3, Blue Ravine Oaks, Blue Ravine Oaks No. 2, Briggs Ranch, Broadstone, Broadstone No. 4, Broadstone Unit No. 3, Cobble Ridge, Cobble Hills Ridge II/Reflections II, Folsom Heights, Folsom Heights No. 2, Hannaford Cross, Lake Natoma Shores, Los Cerros, Natoma Station, Natoma Valley, Prairie Oaks Ranch, Prairie Oaks Ranch No. 2, Prospect Ridge, Sierra Estates, Silverbrook, Steeplechase, The Residences at American River Canyon, The Residences at American River Canyon II, Willow Creek Estates East, Willow Creek Estates East No. 2, Willow Creek Estates South, and Willow Springs Municipal Landscape Services Manager Derik Perez made a presentation and responded to questions from the City Council. City Manager Bryan Whitemyer provided additional information.

The public hearing was opened at 8:25 pm. Hearing no requests to speak, the public hearing was closed.

Motion by Councilmember Aquino, second by Councilmember Leary to approve Resolution No. 11591. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

17. Community Park West Alternative Site Development Agreement Amendments (DEVA26-00028) and determination that these requests are exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3)

i. Ordinance No. 1363 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, With Respect to Property Previously Owned by Hillsborough North, LLC. (Introduction and First Reading)

ii. Ordinance No. 1364 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, With Respect to Property Previously Owned by Prairie City Commercial Properties, LLC. (Introduction and First Reading)

iii. Ordinance No. 1365 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, With Respect to Property Previously Owned by West Hillsborough Investors, LLC. (Introduction and First Reading)

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 5

Principal Planner Jessica Brandt made a presentation. Park Planning Manager Brad Nelson responded to questions from the City Council.

The public hearing was opened at 8:33 pm. The following speaker spoke under this item:

Martin Nivinski
Hearing no further speakers, the public hearing was closed at 8:34 pm.

Motion by Councilmember Aquino, second by Councilmember Kozlowski to introduce Ordinance No. 1363. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

Motion by Councilmember Aquino, second by Councilmember Kozlowski to introduce Ordinance No. 1364. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

Motion by Councilmember Aquino, second by Councilmember Leary to introduce Ordinance No. 1365. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

NEW BUSINESS:

18. Ordinance No. 1367 – An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04,

13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations (Introduction and First Reading) and Determination that the Project is Exempt from CEQA

20. Ordinance No. 1369 - An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municipal Code Concerning Water System Cross-Connection Control (Introduction and First Reading) and Determination that the Project is Exempt from CEQA

Utilities Director Marcus Yasutake made a joint presentation for items 18 and 20

Motion by Councilmember Aquino, second by Councilmember Leary to introduce Ordinance No. 1367 and determine that the project is exempt from CEQA. Motion passed by the following roll- call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel

04/28/2026 Item No.4.

File 034-21 26-001
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April 14, 2026

Draft- Not Official Until Approved by the City Council Page 6

NOES: None
ABSENT: None
ABSTAIN: None

Motion by Councilmember Leary, second by Councilmember Aquino to introduce Ordinance No. 1369 with the amendment to section 13.22.090(C) and to determine that the project is exempt from CEQA. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

19. Ordinance No. 1368 – An Ordinance of the City of Folsom Amending Chapter 13.26 of the Folsom Municipal Code Concerning Water Conservation (Introduction and First Reading) and Determination that the Project is Exempt from CEQA

Continued off calendar.

21. City of Folsom Community Facilities District No. 24 (Alder Creek West)

i. Resolution No. 11581 - A Resolution of the City Council of the City of Folsom Approving a Proposed Boundary Map and Declaring Intention to Form a Community Facilities District to be Named “City of Folsom Community Facilities District No. 24 (Alder Creek West),” Identify Territory Proposed for Annexation to the Community Facilities District in the Future and to Levy Special Taxes Therein

ii. Resolution No. 11582 - A Resolution of the City Council of the City of Folsom Declaring the Necessity for Incurring Bonded Indebtedness in and for the City of Folsom Community Facilities District No. 24 (Alder Creek West) and in and for each Improvement Area Designated therein and Territory Proposed for Annexation to the Community Facilities District in the Future and Calling for a Public Hearing Thereon

Chief Financial Officer Stacey Tamagni made a presentation

Motion by Councilmember Aquino, second by Councilmember Kozlowski to approve Resolution No. 11581. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

Motion by Councilmember Kozlowski, second by Councilmember Leary to approve Resolution No. 11582. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 7

ABSENT: None
ABSTAIN: None

OLD BUSINESS:

22. Consideration of Partnership with Change.org for Community Survey and Civic Dialogue

City Manager presented this item and the City Council made further comments.

23. City Council Salaries:

i. Ordinance No. 1366 - An Ordinance of the City of Folsom Amending Section 2.06.010 of the Folsom Municipal Code Regarding City Council Salaries (Second Reading and Adoption)

ii. Resolution No. 11584 - A Resolution of the City Council of the City of Folsom Setting City Council Salary at the Rate Authorized by Ordinance No. 1366

City Manager Bryan Whitemyer presented this item.

The following speakers spoke under this item:

1. Margie Donovan

2. Shelley Hudson

3. Kristine Kowalavski

4. Gwynne Willison

5. Catherin O’Mordha

6. Wajih Iqbal, sharing a statement from Jag Nagendra

7. Justin Hurst

Motion by Vice Mayor Rohrbough, second by Councilmember Kozlowski to adopt Ordinance No. 1366.

Interim City Attorney Sari Dierking clarified the difference between Ordinance No. 1366 and Resolution No. 11584. City Council made further comments.

Motion passed by the following roll-call vote:

AYES: Rohrbough, Kozlowski, Raithel
NOES: Leary, Aquino
ABSENT: None
ABSTAIN: None

Motion by Vice Mayor Rohrbough, second by Councilmember Kozlowski to approve Resolution No. 11584.

Councilmember Aquino and Councilmember Leary both indicated that they are not willing to accept the additional salary and will decline the increase.

Motion passed by the following roll-call vote:

AYES: Rohrbough, Kozlowski, Raithel

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 8

NOES: Leary, Aquino
ABSENT: None
ABSTAIN: None

The Joint Meeting was called to order at 9:25 pm with Mayor Justin Raithel presiding.

ROLL CALL:

Council/Board members Present:

Barbara Leary, Councilmember
Anna Rohrbough, Vice Mayor
Sarah Aquino, Councilmember
Michael Kozlowski, Councilmember
Justin Raithel, Mayor

Councilmembers/Board members Absent: None

JOINT MEETING PUBLIC HEARING

24. Folsom Ranch Financing Authority City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 7 Special Tax Revenue Bonds, Series 2026

i. Resolution No. 11590 - A Resolution of the City Council of the City of Folsom Authorizing the Issuance of the City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 7 Special Tax Bonds, Series 2026, the Execution of an Indenture Providing therefor, Authorizing the Execution of a Local Obligation Purchase Contract, and Authorizing Necessary Actions and the Execution of Other Documents in Connection therewith

ii. Resolution No. 015-Folsom Ranch FA - Resolution of the Governing Board of the Folsom Ranch Financing Authority Authorizing the Issuance, Sale and Delivery of Not to Exceed $12,000,000 Aggregate Principal Amount of City of Folsom Community Facilities District No. 23 (Folsom Ranch) Improvement Area No. 7 Special Tax Revenue Bonds, Series 2026; Approving the Form and Substance of a Trust Agreement, Authorizing Modifications thereof and Execution and Delivery as Modified; Approving a Preliminary Official Statement, Authorizing Changes thereto and Execution and Delivery of an Official Statement to be Derived therefrom; Approving a Local Obligation Purchase Contract and a Bond Purchase Contract and Execution and Delivery of Each; and Authorizing Related Actions Necessary to Implement the Proposed Financing Chief Financial Officer Stacey Tamagni made a presentation.

The public hearing was opened at 9:28 pm. Hearing no requests to speak, the public hearing was closed.

Motion by Councilmember Kozlowski, second by Councilmember Leary to approve Resolution No.11590. Motion passed by the following roll-call vote:

04/28/2026 Item No.4.

File 034-21 26-001
Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 9

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

Motion by Board member Kozlowski, second by Board member Leary to approve Resolution No. 015- Fosom Ranch FA. Motion passed by the following roll-call vote:

AYES: Leary, Rohrbough, Aquino, Kozlowski, Raithel
NOES: None
ABSENT: None
ABSTAIN: None

The joint meeting was adjourned to the regular meeting at 9:29 pm.

CITY MANAGER REPORTS

City Manager Bryan Whitemyer thanked the community for their efforts with the Castle Park build project and provided an update regarding the sinkhole near the site.

COUNCIL COMMENTS

Councilmember Kozlowski thanked all involved in the Castle Park build project and recognized John Lane for his contributions to the project.

Vice Mayor Rohrbough reported on a recent SacRT meeting and thanked the volunteers, City staff, and the Parks and Recreation Department for their work on the Castle Park build project.

Councilmember Leary spoke about the HART tiny home site and an upcoming fundraiser, and noted ribbon-cutting ceremonies she recently attended.

Councilmember Aquino thanked the volunteers, City staff, and the Parks and Recreation Department, and commended Facilities and Park Manager Chris O'Keefe for his leadership on the Castle Park build project.

Mayor Raithel reported on the Sacramento Transportation Authority meeting and the Blue Star Moms Gala, at which it was announced that a street would be named in honor of Sergeant Tyler Vargas- Andrews. He thanked Sergeant Vargas-Andrews for his service and also recognized the VEX Robotics team advancing to the world championship, acknowledged those traveling to CAP to CAP, and noted the upcoming Dragon Boat races.

04/28/2026 Item No.4.

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Folsom City Council Minutes
April 14, 2026

Draft- Not Official Until Approved by the City Council Page 10

ADJOURNMENT
There being no further business to come before the City Council, the meeting was adjourned at 9:38 p.m.

SUBMITTED BY:

_______________________________
Christa Freemantle, City Clerk
ATTEST:

______________________________
Justin Raithel, Mayor

04/28/2026 Item No.4.

Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Consent Calendar
ITEM TITLE: Ordinance No. 1367 – An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and

13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations (Second Reading and Adoption)

FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

Staff recommends that the City Council adopt Ordinance No. 1367 - An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations.

BACKGROUND / ISSUE

The Folsom Municipal Code was initially adopted by the City of Folsom in 1973 consistent with and incorporating reference to several State Government Code sections governing local authority, police powers, and procedures. Over the last 53 years, the Folsom Municipal Code has been amended numerous times annually to reflect legislative changes, policy changes, administrative changes, and local preferences.

City staff identified minor code clean up items within Chapters 13.03, 13.04, 13.08, 13.12, 13.16,

13.20, and 13.25 of the Folsom Municipal Code that should be updated to remove outdated references or antiquated provisions, and/or to reflect current best p ractices. This code cleanup pertains to the sanitary sewer collection system and is designed to establish an effective and efficient sanitary sewer collection system, minimize the number of Sanitary Sewer Spills, protect and uphold public health and safety, and recognize the importance of clean water.

04/28/2026 Item No.5.
2 These items are listed and described briefly in the analysis section, and incorporated with specific language changes in track changes in the attached Ordinance.

On April 14, 2026 City Council introduced and conducted first reading of Ordinance 1367 and determined that the project is exempt from CEQA. There have been no changes made since the first reading.

POLICY / RULE

Pursuant to Section 1.01.021 (Adoption), the Folsom Municipal Code (FMC) was adopted by Ordinance 297 in 1973. Any subsequent amendment to the Folsom Municipal Code must also be adopted by Ordinance. Proposed Amendments to Chapters 13.03, 13.04, 13.08, 13.12, 13.16,

13.20, and 13.25 do not require public hearing.

ANALYSIS

This section of the report lists and summarizes the staff-recommended code clean up items in the Folsom Municipal Code Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and 13.25. Amending these Chapters will bring the FMC into compliance with the State Water Resources Control Board adopted Statewide Waste Discharge Requirements (WDR) General Order for Sanitary Sewer Systems (Order WQ 2022- 0103-DWQ), as well as the Regional Water Quality Control Board Requirements. These recommended changes will also comply with the requirements of the City’s Sewer System Management Plan (SSMP). The City Council has been provided with a redline version to more easily identify the changes recommended (see attachment).

Key features of the revised ordinance include:
- Revised and expanded definitions
- Reassigned responsibility from the Environmental and Water Resources Director to the City Manager and his or her designees
- Updated references to various City Departments with their current department names - Updated references to other agencies with their current agency names - Incorporated new requirements for the Pipe Blockage Control Program - Modified requirements of connecting to the public sanitary sewer collection system

Chapters affected by this municipal code update include:

- Chapter 13.03: Regulations to Prohibit and Control the Discharge of Fats, Oils, Grease, Rags and Debris into the Sanitary Sewer Collection System (Pipe Blockage Control Program)
- Chapter 13.04: Municipal Sewer System–Definitions
- Chapter 13.08: Municipal Sewer System–Regulations
- Chapter 13.12: Municipal Sewer System–Rental Regulations - Chapter 13.16: Septic Tanks, Cesspools and Privies–Definitions - Chapter 13.20: Septic Tanks, Cesspools and Privies–Regulations - Chapter 13.25: Sewer Connection Service Charges

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3 FINANCIAL IMPACT

This action has no direct financial impact on the City of Folsom.

ENVIRONMENTAL REVIEW

The proposed City Council action to adopt Ordinance No. 1367 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4) “Project” and Section 15061(b)(3) “Common Sense Exemption”. Under Section 15378, the action does not constitute a “project” under CEQA, as it pertains solely to administrative or procedural matters that do not result in direct physical environmental changes. Furthermore, Section 15061(b)(3), the “common sense exemption”, applies because it can be determined with certainty that the adoption of this updated document will not lead to significant effects on the environment.

ATTACHMENT

Ordinance No. 1367 – An Ordinance of the City of Folsom Amending Chapters 13.03, 13.04,

13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code Concerning the Sanitary Sewer Collection System and Municipal Sewer System Regulations

Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

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Attachment 1

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Ordinance No. 1367

ORDINANCE NO. 1367

AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTERS 13.03, 13.04,

13.08, 13.12, 13.16, 13.20, AND 13.25 OF THE FOLSOM MUNICIPAL CODE

CONCERNING THE SANITARY SEWER COLLECTION SYSTEM AND MUNICIPAL

SEWER SYSTEM REGULATIONS

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

SECTION 1 PURPOSE

The purpose of this Ordinance is to amend Chapters 13.03, 13.04, 13.08, 13.12, 13.16,

13.20, and 13.25 of the Folsom Municipal Code (the “code”) pertaining to Sanitary Sewer Collection System and Municipal Sewer System Regulations. Sanitary Sewer Collection System and Municipal Sewer System Regulations are designed to establish an effective and efficient sanitary sewer collection system, minimize the number of Sanitary Sewer Spills, protect and uphold public health and safety, and recognize the importance of clean water. Amending these Chapters w ill bring the FMC into compliance with the State Water Resources Control Board adopted Statewide Waste Discharge Requirements (WDR) General Order for Sanitary Sewer Systems (Order WQ 2022 -0103-DWQ), as well as the Regional Water Quality Control Board Requirements. These changes will also comply with the requirements of the City’s Sewer System Management Plan (SSMP).

SECTION 2 AMENDMENT TO CODE

Chapters 13.03, 13.04, 13.08, 13.12, 13.16, 13.20, and 13.25 of the Folsom Municipal Code is hereby amended to read as follows:

Chapter 13.03

REGULATIONS TO PROHIBIT AND CONTROL THE DISCHARGE OF FATS, OILS,

AND GREASE, RAGS AND DEBRIS INTO THE SANITARY SEWER COLLECTION

SYSTEM (PIPE BLOCKAGE CONTROL PROGRAM)
Sections:

13.03.010 Definitions.

13.03.020 Applicability.

13.03.030 Regulatory consistency.

13.03.040 Compliance disclaimer.

13.03.050 Administration.

13.03.060 Disclaimer of liability.

13.03.070 Permitted discharges.

13.03.080 Prohibited discharges.

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Ordinance No. 1367

13.03.090 Grease control devices.

13.03.100 Conditional waiver.

13.03.110 Exception to allow alternative grease control device.

13.03.120 Maintenance of grease control devices.

13.03.130 Prohibition of food grinders.

13.03.140 Scope of inspections and monitoring.

13.03.150 Enforcement.

13.03.160 Penalties.

13.03.170 Enforcement procedures, notice to correct.

13.03.180 Abatement.

13.03.190 Regulatory actions.

13.03.200 Discontinuance of service.

13.03.010 Definitions.

As used in this chapter, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

A. “City” means the city City of Folsom.

B. “City council” means the city council of the city City of Folsom.

C. “City manager” means the city manager of the City of Folsom or his or her designee unless otherwise stated or indicated by context.

CD. “County” means the county County of Sacramento.

E. “Debris” means trash, gardening debris, sediment, unauthorized chemicals, construction materials, and any unauthorized materials not intended for di sposal into the sanitary sewer collection system that may cause blockages.

F. “Director” means the City of Folsom director of the Utilities department or his or her designee unless otherwise stated or indicated by context.

DG. “Discharge” means the release or placement of any sewage wastewater into the city sanitary sewer collection system.

EH. “Discharger” means any person or facility that discharges, or causes to discharge, either directly or indirectly, sewage wastewater into the city’s sanitary sewer collection system.

F. “Environmental and water resources director” means the director of the environmental and water resources department of the city of Folsom or as otherwise directed by the city manager or his or her designee.

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Ordinance No. 1367

GI. “Fats, oils, and greases” or “FOG” means organic polar compounds derived from animal and/or plant sources that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using analytical test procedures establ ished in the United States Code of Federal Regulations 40 CFR 136, as may be amended from time to time. All are sometimes referred to herein as “grease” or “greases.”
HJ. “Food grinder” means any device installed in the plumbing or sewage system for the purpose of grinding food waste or food preparation by-products for the purpose of disposing it in the city’s sanitary sewer collection system.

I.K. “Food service establishments” or “FSEs” means facilities that are dischargers and that prepare and/or package food or beverages for sale or consumption, on or off site, with the exception of private residences. FSEs include those establishments primarily e ngaged in activities of preparing, serving, or otherwise making food available for consumption by the public such as food packagers, grocery stores, bakeries, restaurants, commercial kitchens, caterers, hotels, schools, hospitals, prisons, correcti onal facilities, and care institutions. Examples of food preparation activities utilized by FSEs include the following: cooking by frying (all methods), baking (all methods), grilling, sautéing, rotisserie cooking, broiling (all methods), boiling, blanching, roasting, toasting, or poaching. FSEs also include any establishment using infrared heating, searing, barbecuing, and any other food preparation activity that produces a hot, nondrinkable food product in or on a receptacle that requires washing.

JL. “Garbage” means solid wastes from preparation, cooking, and dispensing of food, and from handling, storage and sale of food products.

KM. “Grease control device” means a grease interceptor, grease trap or mechanical grease removal equipment approved by the Uutilities director. environmental and water resources director.

LN. “Grease interceptor” means a large containment tank installed underground and designed to collect, contain or remove food wastes and grease particles from the sewage wastewater prior to discharge into the sanitary sewer collection system. Grease interceptors primarily use gravity to separate FOG from the sewage wastewater as it moves from one compartment of the interceptor to the next.

MO. “Grease trap” means a device for separating and retaining grease prior to the sewage wastewater exiting the trap and entering the sanitary sewer collection system. Such traps are typically compact under-the-sink units that are near food preparation areas.

NP. “Grease waste” means waste removed from a grease control device.

OQ. “National Pollutant Discharge Elimination System permit” or “NPDES permit” means a permit issued by either the Regional Board or the State Water Resources Control Board pursuant to Chapter 5.5 (commencing with Section 13370) of Division 7 of the Water Code to control discharges from point sources to waters of the United States.

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Ordinance No. 1367

PR. “New construction” means construction of a new structure that will include an FSE or modification of an existing structure or portion of an existing structure to accommodate an FSE or change in type of FSE that will significantly increase the potential for FOG production.

QS. “Person” means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

RT. “Plumbing official” means the building official or city employee designated by the city manager and who administers and enforces the provisions of the Uniform Plumbing Code. The plumbing official shall enforce the provisions of the Uniform Plumbing Co de within the boundaries of the city City of Folsom.

U. “Rags” means masks, dental floss, “flushable” and non-flushable wipes, diapers, rags, other paper, cloth, plastic products, and any unauthorized materials not intended for disposal into the sanitary sewer collection system that may cause blockages.

SV. “Regional Board” means the California Regional Water Quality Control Board, Central Valley Region.

TW. “Renovation” or “remodeling” means a physical change to an existing FSE that requires a building permit and involves any one or a combination of the following:

1. Plumbing;

2. Ventilation system;

3. Electrical system;

4. Any change in the size or type of food preparation equipment; and/or

5. To the cooking or restaurant facility.

X. “SacSewer” means the Sacramento Area Sewer District.

UY. “Sanitary sewer collection system” means the city -owned systemnetwork that is designed to convey sewage, including but not limited to of pipes, manholes, laterals,and pump stations , siphons, wet wells, diversion structures, and/or other pertinent in frastructure, that convey wastewater upstream of the to SacSewerSRCSD facilities including:. • Laterals owned and/or operated by the City of Folsom
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.

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Ordinance No. 1367

VZ. “Satellite sewer system” means a portion of a sanitary sewer collection system owned or operated by a different owner other than the City of Folsom. “Sanitary sewer overflows” (SSOs) means a condition whereby untreated sewage is discharged to the environment, escaping wastewater treatment.

AA. “Sewage”, and it s associated wastewater, means untreated or partially treated domestic, municipal, commercial, and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in the sanitary sewer collection system.

AB. “Spill” mean s a discharge of sewage from any portion of the sanitary sewer collection system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure.

W. “SRCSD” means the Sacramento Regional County Sanitation District. (Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)
AC. “Waters of the State” means surface waters or groundwater within boundaries of the state as defined in Water Code section 13050 (e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Waters of the State include waters of the United States.

AD. “Waters of the United States” means surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act.

AE. “Wastewater”, and its associated sewage, means untreated or partially treated domestic, municipal, commercial, and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in the sanitary sewer collection system. (Ord. 1367 § 2, 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.020 Applicability.

The provisions of this chapter shall be applicable to anyone who directly or indirectly discharges rags, debris, or FOG -producing material into the city’s sanitary sewer collection system . This includes but is not limited to all FSEs, and other FOG-producing commercial/industrial businesses, municipalities, schools, residents, etc. located within the incorporated area of the city that discharge either directly or indirectly into the city’s sanitary sewer collection system . (Ord. 1367 § 2 (part) 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.030 Regulatory consistency.

The provisions of this chapter shall take precedence over and are controlling with respect to any conflicting or inconsistent provisions in this code. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)
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Ordinance No. 1367

13.03.040 Compliance disclaimer.

Compliance by any person with the provisions of this chapter shall not preclude the need to comply with other local, state or federal statutory or regulatory requirements related to sanitary sewers or industrial/commercial/retail waste discharge. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.050 Administration.

Except as otherwise provided herein, the city managerenvironmental and water resources director or designee shall be responsible for the administration, implementation and enforcement of the provisions of this chapter. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.060 Disclaimer of liability.

The degree of protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific, engineering and other relevant technical considerations. The standards set forth herein are minimum standards and this chapter does not imply that compliance will ensure that there will be no unauthorized discharge of pollutants into the waters Waters of the United States. This chapter shall not create liability on the part of the city or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made thereunder. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.070 Permitted discharges.

SewageWastewater may be discharged to the sanitary sewer collection system; provided, that such discharge is not prohibited by this chapter and conforms to all other requirements of this code, the current SacSewerSRCSD sewer use ordinance, and all other applicable statutes, regulations, ordinances or other governmental requirements; and further provided, that all applicable city and SacSewerSRCSD fees and sewer use charges are paid. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.080 Prohibited discharges.

It shall be unlawful for any FSE to discharge or cause to be discharged any of the following to the sanitary sewer collection system except as specifically authorized by other provisions of this code:

A. FOG in amounts, either alone or in combination with other discharges, that cause:

1. Any visible sheen on the surface of the discharged sewagewastewater;

2. Any build-up of grease in any portion of the sanitary sewer collection system; or

3. Any obstruction of the sanitary sewer collection system.

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B. Any discharge from a food grinder for a new or remodeled FSE.

C. Debris, rags, and/or pipe-blocking substances in amounts, either alone or in combination with other discharges, that cause:

1. Any obstruction of the sanitary sewer collection system.

CD. Any water or waste having a pH lower than five or having any other corrosive property capable of causing damage or hazard to structures, equipment, personnel and sewer pipes.

The foregoing discharge prohibitions are not exclusive and shall be in addition to any prohibitions or requirements specified in any other provision of this code or by any other applicable statute, regulation, ordinance, law, or other governmental requirement. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007).

13.03.090 Grease control devices.

All FSEs must install, operate, and maintain a grease control device if they meet any of the following provisions:

A. New construction.

B. Renovation or remodeling that alters the existing plumbing at or below grade of the existing finished floor or alters the use, occupancy or function of the space, which would contribute to the production of fats, oils and grease.

C. When deemed necessary by the Uutilities director environmental and water resources director to protect public health or safety or reduce/eliminate FOG.

D. If the FSE has a prohibited discharge.

E. If the FSE is deemed by the Uutilities Ddirector environmental and water resources director to contribute to or have reasonable potential to be the cause of an SSO Spill.

F. If there is a change in land use which change has the potential to significantly increase FOG production and/or make a prohibited discharge of FOG reasonably foreseeable without a grease interceptor.

Grease control devices shall meet minimum design and performance requirements of the latest edition of the Uniform Plumbing Code and the California Plumbing Code as well as satisfying all requirements as designated by the Uutilities Ddirector environmental and water resources director.

Grease control devices must be approved by the Uutilities Ddirector environmental and water resources director, in writing, prior to construction and installation. ( Ord. 1367 § 2 (part), 2026:

Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007).

13.03.100 Conditional waiver.

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Ordinance No. 1367

An FSE may apply to the Uutilities Ddirectorenvironmental and water resources director , in writing, for a conditional waiver of the requirement to install an approved grease control device.

A. The Uutilities Ddirector environmental and water resources director may approve such conditional waiver if the FSE demonstrates to the Uutilities Ddirector’senvironmental and water resources director’s satisfaction that the FSE does not generate FOG, and/or causes FOG deposition in the sanitary sewer collection system. The conditional waiver shall include the following information:

1. An independent study by an engineering firm recommending that a grease control device is not necessary.

2. A description of the FSE’s best management practices (BMPs) which include:
a. BMPs based on a set menu that is not subject to change. b. Employee training on proper food preparation, handling, serving and cleaning. c. BMP signage posted throughout the restaurant for employees to refer to. d. BMP training log, maintenance logs, and records available for city staff to review.

B. If the content of the menu changes or the operation and/or maintenance of the restaurant changes, the FSE shall notify the city. Changes in the menu or operations and/or maintenance of the restaurant may require the installation of a grease control device.

C. Cooperation with the city of Folsom’s inspector and wastewater division to perform restaurant inspections and closed circuitclosed-circuit television inspection of the FSE’s sewer lateral.

D. The Uutilities Ddirector environmental and water resources director may revoke this conditional waiver and require that an approved grease control device be installed at any time:

1. If the FSE discharges FOG or causes the discharge of FOG into the sanitary sewer collection system;

2. If the Uutilities Ddirector environmental and water resources director determines that any SSOSpill, stoppage, interruption, or reduction of flow in the sanitary sewer collection system has resulted in whole or in part from discharge(s) by the FSE; or

3. If the Uutilities Ddirector environmental and water resources director determines that the conditional waiver should be revoked to protect public health and safety. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.110 Exception to allow alternative grease control device.

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Ordinance No. 1367

An FSE may apply for an exception to allow installation of a grease control device other than a grease interceptor, and the Uutilities Ddirector environmental and water resources director may approve such exception if the FSE demonstrates to the Uutilities Ddirector’s environmental and water resources director’s satisfaction that installation of a grease interceptor is not feasible due to space constraints, utility interferences, inadequate slope of sewer wastewater drainage lines, or other considerations. Alternative grease removal devices must be approved by the Uutilities Ddirector environmental and water resources director and include, but are not limited to, features that trap, separate and hold grease and be of a design that is equal to or more effective than an acceptable grease control device. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.120 Maintenance of grease control devices.

A. All FSEs are required to utilize a grease waste hauler to pump grease waste from the grease interceptor and to lawfully dispose of the grease waste. Grease waste shall not be disposed of in the sanitary sewer collection system or storm drains.

B. The FSE, at its sole cost and expense, shall properly utilize, clean and maintain the grease control device in good and efficient working order at all times.

C. The FSE shall immediately correct any problem with a grease control device including, but not limited to, plugging, overflow or spillage from the device, improper operation, noncompliance with cleaning schedule, damaged or nonfunctioning features of the device, excessive accumulation of grease or solids, or other problems that resulted in or could result in a prohibited discharge or SSOSpill. The manager or owner of an FSE shall notify the Uutilities Ddirector environmental and water resources directo r in writing of the problem and corrective action within five days of the discovery of the problem.

D. The FSE shall keep all manifests, receipts and invoices of all cleaning, maintenance, grease removal of/from the grease control device, disposal carrier and disposal site location for no less than three years. The FSE shall, upon request, make the manifests, receipts and invoices available to the Uutilities Ddirector environmental and water resources director, or any authorized inspector that has jurisdiction under any local, state or federal water quality statutes, ordinances or regulations. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.130 Prohibition of food grinders.

Food grinders are prohibited in new or remodeled FSEs. (Ord. 1367 § 2 (part) 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.140 Scope of inspections and monitoring.

A. In the event of an emergency situation that poses an immediate threat to life, health, safety, or general welfare occurring at an FSE relating to activities covered by this chapter, the Uutilities Ddirector environmental and water resources director may enter upon private property to eliminate, abate, clean up and dispose of a prohibited discharge or grease waste.

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Ordinance No. 1367

B. The Uutilities Ddirector environmental and water resources director may enter upon private property during regular business hours to investigate the source of any prohibited discharge to the sanitary sewer collection system or to verify compliance with the provisions of this chapter, including, but not limited to, the following:

1. Operation and maintenance of grease control devices.

2. Prohibition of the use of food grinders.

3. Inspection of any vehicle, truck, trailer, tank truck or other mobile equipment that may have the ability to discharge to the municipal sanitary sewer collection system.

4. Erection and maintenance of monitoring and sampling devices for the purpose of measuring any discharge to the city sanitary sewer collection system.

5. Inspection, review and copying of all records of the FSE relating to preventing prohibited discharges to the sanitary sewer collection system. This may include, but is not limited to, operation, inspection, maintenance and cleaning records related to grease control devices and grease waste pumping manifests.

6. Inspection, sampling and testing of any discharge to the city sanitary sewer collection system for the purpose of determining the potential for a prohibited discharge. The investigation of the integrity of all grease control devices. The taking of photographs or videotapes, measurements or drawing s, and creation of any other record reasonably necessary to document conditions on the premises. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.150 Enforcement.

Violations of this chapter shall constitute a public nuisance. The provisions of this chapter shall be administered and enforced within the city by the Uutilities Ddirector environmental and water resources director or other staff and enforcement officials designated by the environmental and water resources director . The remedies set forth herein are cumulative to any other remedy available to the city. Nothing contained herein shall limit or be deemed to prevent the city from pursuing any other available remedy under this code or any other applicable law. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.160 Penalties.

A. A violation of this chapter shall be an administrative violation as defined in Section 1.08.020.

In addition to enforcement by any procedure set forth in Chapters 1.08 to 1.10, inclusive, any violation of this chapter shall be punishable as a misdemeanor, which shall be punishable by a fine not to exceed one thousand dollars ., or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

Formatted: Justified, Indent: Left: 0", Space After: 12 pt, Line spacing: single

04/28/2026 Item No.5.

Ordinance No. 1367

B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter. Violations of the provisions of this chapter shall be deemed Level E violations, as defined in Section 1.09.012. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.170 Enforcement procedures, notice to correct.

A. Prior to the suspension, revocation, or denial of any license or permit, or the assessment of any fee, penalty, or charge, or the commencement of any other enforcement action pursuant to this chapter, the enforcement authority shall follow the procedures set forth in Chapter 1.09. The rights to judicial review set forth in Sections 1.09.050 to 1.09.052, inclusive, shall apply.

B. A notice to correct shall not be required to commence the administrative hearing procedures set forth in Chapters 1.08 to 1.10, inclusive. Pursuant to Section 1.09.024, a notice of administrative violation shall be served in accordance with the provisions of Section 1.09.027. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.180 Abatement.

A. Any person engaged in activities which cause, allow, facilitate or result in a prohibited discharge shall bear all costs incurred by the city as a result of such prohibited discharge including but not limited to the cost of abatement, cleanup and disposal.

B. The Uutilities Ddirector environmental and water resources director will keep an account of the administrative, labor, equipment and other costs of abatement, cleanup and recovery. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007)

13.03.190 Regulatory actions.

Any person determined to be in violation of this chapter shall bear all costs incurred by the city resulting from, or related to any correction and/or enforcement of a violation of this chapter or the payment of monetary sanctions, or both. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015:

Ord. 1071 § 2 (part), 2007)

13.03.200 Discontinuance of service.

A. In addition to all of the remedies provided in this chapter, violations of the provisions of this chapter may result in disconnection of the premises from the water or the sanitary sewer collection system by the Uutilities Ddirector environmental and water resources director.

B. Prior to such discontinuance of service the owner of the real property to which the service was rendered shall be served with written notice from the Uutilities Ddirector environmental and water resources director stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof.

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Ordinance No. 1367

C. When service has been disconnected as provided in this section, the Uutilities Ddirector environmental and water resources director may require that the person requesting that such service be reestablished furnish a bond or deposit equal to five times the city’s cost to cause the disconnection, rectify problems caused by the prohibited discharge, and complete the reconnection, payable to the city and conditional upon compliance with the provisions of this chapter, before granting permission to make such connection.

D. The person making application for such reestablishment of service shall pay all expenses incurred by the city in causing such disconnection and reconnection before such permission may be granted. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 1071 § 2 (part), 2007) Chapter 13.04
MUNICIPAL SEWER SYSTEM—DEFINITIONS

Sections:

13.04.010 City defined.

13.04.020 Dwelling unit defined.

13.04.030 Premises defined.

13.04.040 Sewage defined.

13.04.050 Superintendent defined.

13.04.010 City defined.
“City” means the city of Folsom. (Prior code § 9022)

13.04.020 Dwelling unit defined.
“Dwelling unit” means the habitat of any individual or family. (Prior code § 9024)

04/28/2026 Item No.5.

Ordinance No. 1367

13.04.030 Premises defined.
“Premises” refers to a lot, parcel of land, building or establishment. (Prior code § 9023)

13.04.040 Sewage defined.
“Sewage” as used in this chapter means a combination of liquid or water carried human waste conducted away from residences, business buildings, and institutions which is known as domestic sewage, together with the liquid or water carried waste resulting from a manu facturing process employed in industrial establishments, including the washing, cleaning or drain water from such process, which is known as industrial waste. (Prior code § 9020)

13.04.050 Superintendent defined.
“Superintendent” refers to anyone delegated by the city council to the performance of duties as specified in this chapter. (Prior code § 9021)

Chapter 13.08
MUNICIPAL SEWER SYSTEM—REGULATIONS
Sections:

13.08.010 Definitions.

13.08.020 Permit required.

13.08.030 Domestic sewage screening.

13.08.040 Industrial waste screening.

13.08.050 Sewage measurement device—Installation.

13.08.060 Sewage measurement device—Type—Responsibility.

13.08.070 Outside city—Connection.

13.08.080 Cleanout plug required.

13.08.090 Backflow prevention device.

13.08.100 Nonpermanent discharges.

13.08.110 Prohibited activities.

13.08.120 Prohibited discharges.

13.08.130 Prohibited discharge locations.

13.08.140 Maintenance responsibilities.

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Ordinance No. 1367

13.08.150 Easement access.

13.08.160 Private sewer laterals.

13.08.010 Definitions.

As used in this chapter, the following words and phrases shall have the meanings set forth below unless the context clearly indicates otherwise:

A. “City” means the city City of Folsom.

B. “City council” means the city council of the city City of Folsom.

C. “City manager” means the city manager of the City of Folsom or his or her designee unless otherwise stated or indicated by context.

CD. “Cleanout” means a pipe fitting and associated piping connected to a sewer lateral that provides access to the sewer lateral for purposes of flushing, rodding, cleaning, and other maintenance and diagnostic purposes.

DE. “County” means the county County of Sacramento.

F. “Director” means the cCity of Folsom Ddirector of Utilities Ddepartment or his or her designee unless otherwise stated or indicated by context.

G. “Dwelling unit” means the habitat of any individual or family.

E. “Environmental and water resources director” means the director of the environmental and water resources department of the city of Folsom or as otherwise directed by the city manager or his or her designee.

FH. “Lateral” means an underground segment of smaller diameter pipe that transports sewage from a customer’s building or property (residential, commercial, industrial, etc.) to the city’s main sewer line in a street or easement.
• A lower lateral is the portion of the city-owned lateral located between the sanitary sewer system main, and either the property line, sewer cleanout, curb line, or other jurisdictional locations. “Lower lateral” means the portion of a sewer lateral lying within a public street connecting an upper lateral to the sewer main. The lower lateral extends from the cleanout near the property line or easement (as identified in Standard Construction Specification SS-07) to the sewer main or within five feet of the property line or easement (as identified in Standard Construction Specification SS -07) to the sewer main if there is no cleanout near the property line or easement (as identified in the City of Folsom’s Sanitary Sewer Standard Detail S S-08). The lower lateral includes the connection to the sewer main. A lower lateral is associated with a parcel if it or any portion of it is located upon the parcel or conveys sewage and liquid waste from any structure located on that parcel.

Formatted: Justified, Space After: 12 pt, Line spacing:
single, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5"

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Ordinance No. 1367

• An upper lateral is the portion of the privately owned lateral from the property line, sewer cleanout, curb line, or other jurisdictional locations, to the building or property (as identified in the City of Folsom’s Sanitary Sewer Standard Detail SS -08). If the parcel contains a sewer pipe system or multiple private sewer laterals, the entire sewer pipe system, including manholes and other appurtenances, and all private sewer laterals are part of the upper sewer lateral to the extent they are located on that parcel.

GI. “New construction” means construction of a new structure or modification of an existing structure or portion of an existing structure.

J. “Person” means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, o r the agent, employee or representative of any of the above.

K. “Premises” refers to a lot, parcel of land, building or establishment.

HL. “Private sewer lateral” means the privately -owned lateral that transports sewage from private property(ies) into a sanitary sewer system. a pipe or pipes and appurtenances that carry sewage and liquid waste from the structure served to the lower lateral.

M. “Private sanitary sewer system” means a sanitary sewer system of any size that i s owned and/or operated by a private individual, company, corporation, or organization. A private sanitary sewer system may or may not connect into a publicly owned sanitary sewer system.

IN. “Property owner” means a person that owns a parcel of real property, or that person’s authorized representative including a tenant or contractor. As used in this subsection, “person” means an individual, trust, corporation, nonprofit organization, hom eowners’ association, partnership, firm, joint venture, limited liability company, or association.

JO. “Remodeling” means any significant improvement, addition, construction, reconstruction, remodeling, modification or alteration of or to an existing or previously existing structure.

KP. “Repair” means construction activities performed to bring a private sewer lateral into compliance with this chapter consisting of correction of a segment of less than the private sewer lateral (i.e. spot repair).

LQ. “Replacement” means construction activities performed to bring a private sewer lateral into compliance with this chapter consisting of the replacement or lining of the complete length of the private sewer lateral.

R. “SacSewer” means the Sacramento Area Sewer District.

MS. “Sanitary sewer collection system” means the city -owned systemnetwork that is designed to convey sewage, including but not limited to of pipes, manholes, laterals, and pump stations,

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Ordinance No. 1367

siphons, wet wells, diversion structures, and/or other pertinent infrastructure, that convey wastewater upstream of the to SacSewerSRCSD facilities including:. • Laterals owned and/or operated by the City of Folsom
• Satellite sewer systems; and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures.

T. “Satellite sewer system” means a portion of a sanitary sewer collection system owned or operated by a different owner other than the City of Folsom.

N. “Sanitary sewer overflows” (SSOs) means a condition whereby untreated sewage is discharged to the environment, escaping wastewater treatment.

U. “Sewage” and its associated wastewater, means untreated or partially treated domestic, municipal, commercial, and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in th e sanitary sewer collection system.

OV. “Sewer main” means a publicly owned sanitary sewer that receives flows from public and private sewer laterals. The sewer main does not include any portion of a private sewer lateral.

W. “Spill” means a discharge of sewage from any portion of the sanitary sewer collection system due to a sanitary sewer system overflow, operational failure, and/or infrastructure failure.

P. “SRCSD” means the Sacramento Regional County Sanitation District.

Q. “Upper lateral” means a pipe or pipes and appurtenances that carry sewage and liquid from the structure served to the lower lateral. If the parcel contains a sewer pipe system or multiple private sewer laterals, the entire sewer pipe system, including manholes and other appurtenances, and all private sewer laterals are part of the upper sewer lateral to the extent they are located on that parcel.

RX. “Waste hauler” means transporters of waste trap grease and grease from interceptors from facilities that collect, store, process or dispose of waste grease. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.020 Permit required.

No person shall tap or make connection to the sanitary sewers in the city, without a permit and the payment of the fees established for the privilege of making such tap or connection. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: prior code § 9000. Formerly 13.08.010)

13.08.030 Domestic sewage screening.

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Ordinance No. 1367

Domestic sewage, consisting essentially of human waste, may be passed into sewers without screening. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: prior code § 9025. Formerly

13.08.020)

13.08.040 Industrial waste screening.

Industrial waste must be screened through the equivalent of a twenty-mesh screen. No peach, plum, prune, cherry, apricot or other food particles or solids larger than what would pass through a twenty-mesh screen shall be discharged or permitted to enter the sewage system. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: prior code § 9026. Formerly 13.08.030)

13.08.050 Sewage measurement device—Installation.

The Uutilities Ddirector environmental and water resources director shall determine what commercial businesses and industries shall be required to install the means of measurement of sewage discharged and to report thehis recommendations to the environmental and water resources director; and, upon a finding that said installation is reasonably required to determine the amount of the service charge, the Uutilities Ddirector city managercouncil shall direct the person owning said business or industry to install means for measurement of sewage. (Ord. 1367 § 2 (part), 2026:

Ord. 1233 § 2 (part), 2015: prior code § 9028. Formerly 13.08.040)

13.08.060 Sewage measurement device—Type—Responsibility.

Every person who is required to install a means for measurement of sewage discharge shall install an approved flume and an automatic recording device or other approved means for measurement of sewage discharge at theirhis own expense. The environmental and water resources director or other person designated by the Uutilities Ddirector shall enforce the provisions and he shall have the right at all times to check the operation of the screening mechanism, the operation of the measuring recording mechanism, and to make a record of the readings. (Ord. 1367 § 2 (part), 2026:

Ord. 1233 § 2 (part), 2015: prior code § 9029. Formerly 13.08.050)

13.08.070 Outside city—Connection.

Persons owning premises situated outside the corporatecity limits may, upon issuance of a permit by the city council, connect to the sanitary sewer collection systemsewerage system of the city by paying all costs thereof and an annual rental to be determined from time to time by resolution of the city council. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: Ord. 692 § 1, 1990: prior code § 9031)

13.08.080 Cleanout plug required.

On all new construction within the city, and on all new connections within the city sanitary sewer collection system, there shall be provided, at the property line, a cleanout plug which shall consist of a single or double wye branch with end or side cleanout, closed with a waterproof cap. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015: prior code § 9042. Formerly 13.08.090)

04/28/2026 Item No.5.

Ordinance No. 1367

13.08.090 Backflow prevention device.

A. On all new construction within the city, and all new connections within the city sanitary sewer collection system, the property owner shall be required to install, operate and maintain a backflow prevention device if they meet any of the following provisions:

1. The lowest dwelling plumbing fixture is twelve inches or less above the rim of the nearest upstream manhole.

2. When deemed necessary by the Uutilities Ddirector environmental and water resources director to protect public health or safety.

B. All existing property owners shall be required to install, operate and maintain a backflow prevention device if they meet any of the following provisions:

1. When deemed necessary during the application process when applying for a construction, remodel or sewer replacement permit.

2. When deemed necessary by the Uutilities Ddirector environmental and water resources director to protect public health or safety. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.100 Nonpermanent discharges.

Discharges that do not require a separate permanent connection, and do not require a sewer impact permit or temporary discharge permit, are considered nonpermanent discharges. Nonpermanent discharges can be discharged into the city’s sanitary sewer collection system, subject to the following conditions:

A. Discharge must be to a plumbing fixture, utility sink, private cleanout, or sanitary sewer manhole.

B. Discharge must not adversely impact flow of the city’s sanitary sewer collection system; otherwise, the nonpermanent discharge must immediately be disconnected.

C. Discharge must not be from a waste hauler. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.110 Prohibited activities.

The city hereby prohibits the following activities:

A. Access or discharge into manholes, cleanouts, or other openings in the city’s sanitary sewer collection system unless specifically authorized by the city.

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Ordinance No. 1367

B. Damaging, breaking, destroying, defacing, or tampering with the city’s sanitary sewer collection system.

C. Obstructing flow in the city’s sewer facilities. This provision includes but is not limited to obstruction originating from the cleaning of a private sewer that results in an obstruction in the city’s sanitary sewer collection system.

D. Creating a condition that pressurizes the lower lateral.

E. Creating conditions in the city’s sanitary sewer collection system that endanger the health and safety of any person.

F. Interfering or impairing the operation or maintenance of the city’s sanitary sewer collection system.

G. Removal or failing to maintain a required backflow prevention device. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.120 Prohibited discharges.

The following are hereby prohibited to be from being discharged to the city’s sanitary sewer collection system:

A. Flows exceeding the capacity of city facilities or exceeding the quantity normally or customarily anticipated for the permitted use.

B. Discharge of water that does not meet the water quality standards of acceptability for discharge into the storm drain, such as stormwater, surface water, pool water, groundwater, roof runoff, or subsurface drainage.

C. Fats, oils, and grease in amounts, either alone or in combination with other discharges, that cause:

1. Any visible sheen on the surface of the discharged sewagewastewater;

2. Any build-up of grease in any portion of the sanitary sewer collection system; or

3. Any obstruction of the sanitary sewer collection system.

D. Debris and rags.

DE. Trucked and hauled wastes.

EF. Substances that may cause excessive foaming in any portion of the city’s sewer collection system.

FG. Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit.

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Ordinance No. 1367

GH. Any substance, either by itself or combined with other wastewater sewage discharge, that is capable of obstructing flow or impairing the performance of the city’s sanitary sewer collection system.

HI. Cementitious materials.

IJ. Any substance that may cause damage, including corrosive structural damage, to any part of the city’s sanitary sewer collection system.

JK. Chemicals of any kind that are not specifically authorized for disposal in a sewer system.

KL. Garbage, including food wastes, that is greater than one-quarter inch in any dimension.

LM. The foregoing discharge prohibitions are not exclusive and are in addition to any prohibitions or requirements specified in any provision of this chapter or by any other applicable statute, regulation, prohibition, or ordinance.

If a person owning or occupying a premises has knowledge that a discharge prohibited by this chapter has entered or will enter the city’s sanitary sewer collection system, such person shall immediately take all reasonable action to contain and abate the discharge and must notify the city immediately of knowledge of the discharge. ( Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.130 Prohibited discharge locations.

No person shall discharge any sewagewastewater or any other substance directly into a manhole or other opening in the city’s sanitary sewer collection system except according to the requirements established by this chapter. The Uutilities Ddirector environmental and water resources director , however, may grant permission and establish requirements and policies for other such direct discharges. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.140 Maintenance responsibilities.

A. Lower Laterals (City) and Upper Laterals (Private). The property owner has the sole responsibility for clearing stoppages, inspecting, maintaining, and repairing the upper lateral, including backflow prevention devices, so as to maintain the upper lateral in a condition that avoids negative impacts to the operation and maintenance of the city’s sanitary sewer collection system.

This may include the following:

1. The upper lateral should be kept free from roots, grease deposits, and other solids that may impede the flow or obstruct the transmission of waste.

2. All joints should be tight, and all pipes should be sound and free from structural defects, including cracks, breaks, and missing portions, to prevent ex-filtration by waste or infiltration by groundwater or stormwater.

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Ordinance No. 1367

3. No drains or other appurtenances that collect stormwater or surface water should be connected to the upper lateral.

4. All cleanouts shall be securely sealed with a proper cap or approved overflow device at all times.

Typically, the responsibility delineation between the upper and lower lateral is at the city’s sewer cleanout or, in the absence of a cleanout, it shall be understood that the delineation from the upper sewer lateral to the lower sewer lateral shall be a m aximum of five feet from the property line or easement as identified in the cCity of Folsom’s Sanitary Sewer Standard Detail SS -08 Standard Construction Specification SS-07 and as shown in the figure below:

Upper Lateral and Lower Lateral Location

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Ordinance No. 1367

Maintenance Responsibilities for Upper and Lower Laterals Where Cleanout Exists

The purpose of this drawing is to delineate maintenance responsibility only. Refer to city City of Folsom standards and specifications for design and construction details.

The gray color indicates the portion of the service lateral for which the property owner is responsible for maintaining and repairing. The green color indicates the portion of the service lateral that the city is responsible for maintaining and repairing.

If the city owns the mainline, the city is responsible for clearing stoppages and for inspecting, maintaining, and repairing the lower lateral, city cleanouts, manholes and mainline. If the city does not own the mainline or manhole, the city has no respons ibility for clearing stoppages or for inspecting, maintaining, or repairing the mainline, cleanouts, or lower laterals.

B. City and Private Mainlines. The city is responsible for the maintenance of mainlines within the public right-of-way or easement unless the mainline is privately owned, or a specific agreement delineating ownership exists, or the city has expressly ac cepted the maintenance and repair obligation in writing. In cases where parcels or structures are served by a private sewer, the owner has the sole responsibility for ownership, operation, and maintenance of the private sewer. Where the city is to be respo nsible for any element of a private sewer system, it shall be expressly so provided in writing and the responsibility must be accepted by the citycity council. The owner’s responsibilities include clearing stoppages, inspecting, maintaining, and repairing the private system so as to maintain the private system in a condition that avoids negative impacts to the

04/28/2026 Item No.5.

Ordinance No. 1367

operation and maintenance of the city’s sanitary sewer collection system. This may include the following:

1. The private system should be kept free from roots, grease deposits, and other solids that may impede the flow or obstruct the transmission of waste.

2. All joints should be tight, and all pipes should be sound and free from structural defects, including cracks, breaks, and missing portions, to prevent ex-filtration by waste or infiltration by groundwater or stormwater.

3. No drains or other appurtenances that collect stormwater or surface water should be connected to the private system.

Typically, the responsibility delineation between the city and private mainlines is at the city’s sewer cleanout or, in the absence of a cleanout, to the limits of the public right-of-way or easement.

Maintenance Responsibilities for City and Private Mainline and Manholes

The purpose of this drawing is to delineate maintenance responsibility only. Refer to the city’s standards and specifications for design and construction details.

The gray color indicates the portion of the system that the owner is responsible for maintaining and repairing. The green color indicates the portion of the system that the city is responsible for maintaining and repairing. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

04/28/2026 Item No.5.

Ordinance No. 1367

13.08.150 Easement access.

A. The city requires permanent easements for all city -owned sewer facilities that are located outside of the public right-of-way.

B. Any use of an easement by the owner or occupants (herein after referred to as owner) that is not compatible with or interferes with the construction, operation, maintenance, reconstruction, or repair of city facilities is not allowed. No permanent st ructure (such as garages, patios, concrete slabs, tool sheds, fences, retaining walls, trees and similar structures) is to be constructed on top of the city’s sanitary sewer collection system facilities or anywhere within any associated sewer or public utility easements.

C. The owner must allow for an unobstructed pathway access to all easement areas, with the access having the following dimensions:

1. A minimum width of fifteen feet.

2. A minimum height of six feet, eight inches.

If access to an easement area is required at any time, city personnel will at their discretion obtain access. The parcel owner may be held financially responsible for any additional costs incurred by the city if the owner has not provided city staff adequa te access to its assets in a timely manner. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

13.08.160 Private sewer laterals.

A. Each property owner shall, at the property owner’s expense, inspect, maintain in good working order, repair and replace, as necessary, the private sewer lateral so that it does not cause or contribute to any sewage spill overflow from either the private sewer lateral or the public sewer.

The private sewer lateral shall be free of displaced joints, open joints, roots, cracks, leaks, inflow, infiltration of water, fats, oils and grease, debris and rags, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer.

B. A property owner shall have the private sewer lateral inspected by a licensed plumber upon the receipt of written notice from the city that an inspection is required. The city may issue a written notice that an inspection is required whenever it dete rmines from its operation, maintenance or inspection of the public sewer, or through any other means, that the private sewer lateral is defective or otherwise in a condition that might cause a blockage in the private sewer lateral or the public sewer. Conditions that render the private sewer lateral defective or in a condition that might cause a blockage include, but are not limited to, displaced joints, open joints, roots, cracks, leaks, inflow, infiltration of water, fats, oils and grease, debris and rags, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer. The city’s written notice shall set forth a reasonable time in which the inspection must occur and shall require the property owner to submit an inspection report meeting the requirements of this chapter to the city within a reasonable time, to be specified in the city’s written notice, after completion of the

04/28/2026 Item No.5.

Ordinance No. 1367

inspection. The property owner shall be responsible for obtaining any required city permits prior to any construction.

C. All inspections and inspection reports required by this chapter shall be completed in accordance with the following requirements:

1. The inspection and inspection report shall be completed by a licensed plumber.

2. The inspection shall include, at a minimum, a closed -circuit television (CCTV) inspection of the private sewer lateral.

3. The inspection and inspection report shall identify, as applicable, the severity and location of all of the following:
a. Displaced joints, open joints, roots, cracks, leaks, inflow, infiltration of water, fats, oils and grease, debris and rags, defects or obstructions likely to cause or contribute to blockage of the private sewer lateral or the public sewer. b. Any connection by pipe or otherwise that allows rainwater or groundwater to enter the private lateral or public sewer.
c. Any backflow device installed in the private sewer lateral and the condition of the backwater device.
d. All corrective actions that must be taken to maintain, repair or replace the private sewer lateral and the estimated time and cost associated with such maintenance, repair or replacement.

4. The inspection report shall contain either a printed image, thumb driveDVD, or other suitable electronic recording of the CCTV inspection of the private sewer lateral in a format acceptable to the city. (Ord. 1367 § 2 (part), 2026: Ord. 1233 § 2 (part), 2015)

Chapter 13.12
MUNICIPAL SEWER SYSTEM—RENTAL REGULATIONS*
Sections:

13.12.010 Charges—Lien.

13.12.020 Violation—Disconnection authority.

13.12.030 Reconnection—Bond.

13.12.040 Delinquent charges—Collection method.

13.12.050 Delinquent charges—Computation report.

13.12.060 Delinquent charges—Notice—Hearing.

13.12.070 Delinquent charges—Property owner notice.

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Ordinance No. 1367

* See also Chapter 3.20, Municipal Service Charges.

13.12.010 Charges—Lien.

Each charge or rental levied is a lien upon the premises served by a connection to the city sanitary sewer collection sewerage system. In the event charges are not paid for sewage service, the city manager superintendent is authorized and directed to disconnect such property from the city sanitary sewer collection sewerage system. (Ord. 1367 § 2 (part), 2026: Prior code § 9034)

13.12.020 Violation—Disconnection authority.

In the event of a violation of any of the laws of the state, the ordinances of the city, or the rules and regulations so established referring to the discharge of sewage, the Uutilities Ddirector superintendent shall notify the person or persons causing, committing such violation, specifying the violation, and upon the failure of such person or persons to cease or prevent further violation within five days after the receipt of such notice, the city manager superintendent shall have authority to disconnect the property served from the city sanitary sewer collection sewerage system. (Ord. 1367 § 2 (part), 2026: Prior code § 9035)

13.12.030 Reconnection—Bond.

When service has been disconnected the city manager superintendent may require that the person requesting that such service be reestablished furnish a bond in the sum of five hundred dollars payable to the city and conditioned upon compliance with the provisions of this code before granting permission to make such connect ion. The person making application for such reestablishment of service shall pay all expenses incurred and to be incurred by the city in causing such disconnection and reconnection before such permission may be granted. (Ord. 1367 § 2 (part), 2026: Prior code § 9036)

13.12.040 Delinquent charges—Collection method.

All delinquent charges for sewer service in the city shall be collected on the tax roll in the same manner, by the same persons, and at the same time as general taxes are collected. ( Ord. 1367 § 2 (part), 2026: Prior code § 9038)

13.12.050 Delinquent charges—Computation report.

The city clerk The Folsom Utility Billing Department shall compute such charges in accordance with established rates and shall prepare a written report of delinquent charges for each fiscal year.

Such report shall contain a description of each parcel of real property receiving sewer service and the amount o f delinquent charge, with penalties, for each parcel for said fiscal year. The report shall be filed in the office of the city clerkwith the Utility Billing department. (Ord. 1367 § 2 (part), 2026: Prior code § 9039)

13.12.060 Delinquent charges—Notice—Hearing.

04/28/2026 Item No.5.

Ordinance No. 1367

Upon the filing of the report, the city clerkthe Utility Billing department shall publish notice of the filing in the Folsom Telegraph, a newspaper of general circulation printed and published in the city, once a week for two successive weeks. The notice shall set a date for hearing on the report not sooner than two weeks after completion of the publication. The report shall be filed in time for publication, hearing, adoption and/or modification, and submission to the auditor not later than August 10th of each year. (Ord. 1367 § 2 (part), 2026: Prior code § 9040)

13.12.070 Delinquent charges—Property owner notice.

The city clerk The Utility Billing department shall give notice of the report to the owners of property described in the report at the address shown on the latest equalized assessment roll at the time of preparation of the report. (Ord. 1367 § 2 (part), 2026: Prior code § 9041) Chapter 13.16
SEPTIC TANKS, CESSPOOLS AND PRIVIES—DEFINITIONS
Sections:

13.16.010 Cesspool defined.

13.16.020 City health officer defined.

13.16.030 City manager defined.

13.16.030 040 Construction defined.

13.16.040 050 Department defined.

13.16.050 Drainage system defined.

13.16.060 Duplex defined.

13.16.070 Lot defined.

13.16.080 Permit defined.

13.16.090 Person defined.

13.16.090 Privy defined.

13.16.100 SacSewer defined.

13.16.100 110 Public sSanitary sewer collection system defined.

13.16.120 Satellite sewer system defined.

13.16.110 130 Seepage pit or vertical drain defined.

13.16.120 140 Septic tank defined.

13.16.130 150 Sewage defined.

13.16.140 160 Sewage disposal defined.

13.16.170 Sewer drainage system defined.

13.16.150 180 Sewer well defined.

13.16.160 190 Single family residence defined.

13.16.200 Temporary vault privy defined.

13.16.210 Water closet defined.

13.16.220 Waters of the State defined.

13.16.230 Waters of the United States defined.

13.16.010 Cesspool defined.

04/28/2026 Item No.5.

Ordinance No. 1367

“Cesspool” means an excavation into the earth which is used for the reception of sewage or drainage from plumbing fixtures, effluent from septic tanks, together with water used in carriage of said sewage or drainage, but which does not have watertight wall s or bottom. ( Ord. 1367 § 2 (part), 2026: Prior code § 9068)

13.16.020 City health officer defined.
“City health officer” means the health officer of the city or such other officers or employees of the city to whom the city council or city manager delegates the function of the city health officer. (Ord. 1367 § 2 (part), 2026: Prior code § 9063)

13.16.030 City manager defined.
“City manager” means the city manager of the City of Folsom or his or her designee unless otherwise stated or indicated by context. (Ord. 1367 § 2 (part), 2026)

13.16.030 040 Construction defined.
“Construction” means construction, repair, alteration or relocation of sewage disposal system. (Ord. 1367 § 2 (part), 2026: Prior code § 9071)

13.16.040 050 Department defined.
“Department” means the department of health of the city or to such other official or employee of the city to whom the city council or city manager delegates such functions. (Ord. 1367 § 2 (part), 2026: Prior code § 9060)

13.16.050 Drainage system defined.
“Drainage system” means and includes all the piping within public or private premises which conveys sewage or other liquid waste to a point of disposal, but does not include the mains or laterals of a public sewer system. (Prior code § 9065)

13.16.060 Duplex defined.
“Duplex” means a detached building occupied, intended or designed for occupancy by two families living independently of each other, but under one roof. (Ord. 1367 § 2 (part), 2026: Prior code § 9062)

13.16.070 Lot defined.
“Lot” means a parcel of land shown upon a subdivision map or a record of survey map or described by metes and bounds. (Ord. 1367 § 2 (part), 2026: Prior code § 9074)

13.16.080 Permit defined.

04/28/2026 Item No.5.

Ordinance No. 1367

“Permit” means a sanitation permit issued by the city. ( Ord. 1367 § 2 (part), 2026: Prior code § 9075)

13.16.090 Person defined.
“Person” means any natural person as well as any corporation, partnership, public agency, trust, estate, cooperative association, joint venture, business entity or other similar entity, or the agent, employee or representative of any of the above.

13.16.090 Privy defined.
“Privy” is a structure used as a toilet under a part or all of which is a vault or pit intended or used for the reception of human waste matter. (Prior code § 9069)

13.16.100 SacSewer defined.
“SacSewer” means the Sacramento Area Sewer District. (Ord. 1367 § 2 (part), 2026)

13.16.100 110 Public sSanitary sewer collection system defined. “Public s Sanitary sewer collection system ” means the city -owned system that is designed to convey sewage, including but not limited to pipes, manholes, laterals, pump stations, siphons, wet wells, diversion structures, and/or other per tinent infrastructure , upstream of the SacSewer facilities including:
• Laterals owned and/or operated by the City of Folsom
• Satellite sewer systems, and/or
• Temporary conveyance and storage facilities, including but not limited to temporary piping, vaults, construction trenches, wet wells, impoundments, tanks and diversion structures. (Ord. 1367 § 2 (part), 2026: Prior code § 9070) - is any sewage disposal system operated and maintained by the city. (Prior code § 9070)

13.16.120 Satellite sewer system defined.
“Satellite sewer system” means a portion of a sanitary sewer collection system owned or operated by a different owner other than the City of Folsom. (Ord. 1367 § 2 (part), 2026)

13.16.110 130 Seepage pit or vertical drain defined.
“Seepage pit or vertical drain,” as used in this chapter, means one or more pits extending into the porous stratum but not into a subterranean water bearing stratum, lined with open jointed walls, and capped. (Ord. 1367 § 2 (part), 2026: Prior code § 9072)

13.16.120 140 Septic tank defined.

Formatted: Justified, Space After: 12 pt, Line spacing:
single, Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5"

04/28/2026 Item No.5.

Ordinance No. 1367

“Septic tank” means a water tightwatertight receptacle which receives the discharge of a sewer drainage system or a part thereof which is designed and constructed so as to retain solids, digest organic matter through a period of detention, and allows the liquids to discharge into the soil outside the tank through a subsurface drainage system or into a cesspool. (Ord. 1367 § 2 (part), 2026: Prior code § 9067)

13.16.130 150 Sewage defined.
“Sewage”, and its associated wastewater, means untreated or partially treated domestic, municipal, commercial, and/or industrial waste (including sewage sludge), and any mixture of these wastes with inflow or infiltration of stormwater or groundwater, conveyed in the sanitary sewer collection system. (Ord. 1367 § 2 (part), 2026: Prior code § 9064) any and all waste substance, liquid, or solid, associated with human habitation, or which contains or may be contaminated with human or animal excreta or excrement, offal, or any feculent matter. (Prior code § 9064)

13.16.140 160 Sewage disposal defined.
“Sewage disposal” means any septic tank, privy, structure vault or pit for disposal or treatment of sewage and any sewer drainage system or other type system used for the disposal of sewage. (Ord. 1367 § 2 (part), 2026: Prior code § 9066)

13.16.170 Sewer drainage system defined.
“Sewer drainage system” means and includes all the piping within public or private premises which conveys sewage or other liquid waste to a point of disposal, but does not include the mains or laterals of a public sanitary sewer collection system. (Ord. 1367 § 2 (part), 2026: Prior code § 9065)

13.16.150 180 Sewer well defined.
“Sewer well” means any hole dug or drilled into the ground, and intended for use as a water supply, which has been abandoned as a source of water supply and is being used for the disposal of sewage, or any hole dug or drilled into the ground and used or in tended to be used for the disposal of sewage and extended to or into a subterranean water bearing stratum which is used, or intended to be used as, or is suitable for, a source of water supply for domestic purposes. (Ord. 1367 § 2 (part), 2026: Prior code § 9073)

13.16.160 190 Single family residence defined.
“Single family residence” means any structure occupied, intended or designed for occupancy by one family for living or sleeping purposes as its principal use. ( Ord. 1367 § 2 (part), 2026: Prior code § 9061)

13.16.200 Temporary vault privy defined.

04/28/2026 Item No.5.

Ordinance No. 1367

“Temporary vault privy” is a water -less, portable sanitation system featuring a sealed tank that collects waste without allowing it to seep into the soil, typically used at construction sites or events where access to the public sanitary sewer system is unavailable. (Ord. 1367 § 2 (part), 2026)

13.16.210 Water closet defined.
“Water closet” means a room with a toilet and/or sink where the water system is connected to the City of Folsom’s water faci lities and the sewer drainage system is connected to the City of Folsom’s sanitary sewer collection system. (Ord. 1367 § 2 (part), 2026)

13.16.220 Waters of the State defined.
“Waters of the State” means surface waters or groundwater within boundaries of the state as defined in Water Code section 13050 (e), in which the State and Regional Water Boards have authority to protect beneficial uses. Waters of the State include, but are not limited to, groundwater aquifers, surface waters, saline waters, natural washes and pools, wetlands, sloughs, and estuaries, regardless of flow or whether water exists during dry conditions. Waters of the State include waters of the United States. (Ord. 1367 § 2 (part), 2026)

13.16.230 Waters of the United States defined.
“Waters of the Untied State” means surface waters or waterbodies that are subject to federal jurisdiction in accordance with the Clean Water Act. (Ord. 1367 § 2 (part), 2026)

Chapter 13.20
SEPTIC TANKS, CESSPOOLS AND PRIVIES—REGULATIONS

Sections:

13.20.010 Minimum lot area.

13.20.020 Connection requirements.

13.20.030 Sewage disposal system required.

13.20.040 Permit required.

13.20.050 Permit—New construction.

13.20.060 Sewage disposal system business—Bond required.

13.20.070 Septic tank minimum capacity.

13.20.080 Uniform rules and regulations.

13.20.090 Sewer wells—Declared nuisance.

13.20.100 Sewer well—Prohibited.

13.20.110 Construction requirements.

13.20.120 Privy—Permit—Granting conditions.

13.20.130 Privy—Removal.

13.20.140 Privy—Application.

04/28/2026 Item No.5.

Ordinance No. 1367

13.20.150 Privy—Exception.Reserved.

13.20.160 Permit—Denial conditions.

13.20.170 City health officer authority.

13.20.180 Permit—Application—Fee.

13.20.190 Investigation.

13.20.200 Permit—Action required.

13.20.210 Permit—Denial—Appeal.

13.20.220 Completion notice required.

13.20.230 Certificate of completion.

13.20.240 Variances.

13.20.250 Enforcement authority.

13.20.010 Minimum lot area.

No single family residence or duplex residence shall hereafter be constructed, built or moved on any lot, for such residential purpose, where the sewage disposal will be located on the same lot as the building unless and except where such lot contains the minimum lot area for each such type residence as indicated:

1. Single family residence. The lot shall contain a minimum of twenty thousand square feet for each such residence when both sewage disposal and the source of domestic water supply are located on the lot. When only sewage disposal is located on the lot, the lot shall contain a minimum of ten thousand square feet for such residence;

2. Duplex residence. The lot shall contain a minimum of twenty -five thousand square feet for each such residence when both the sewage disposal and the source or of domestic water supply will be located on the same lot. When only the sewage disposal is located on the lot, the lot shall contain a minimum of fifteen thousand square feet for each such residence. (Ord. 1367 § 2 (part), 2026: Prior code § 9076)

13.20.020 Connection requirements.

The sewer drainage system in every building where persons reside, congregate or are employed, which building is within two hundred feet of public sanitary sewer to which the owner of the building may lawfully connect to the public sanitary sewer collection system upon proper application and the payment of the required fees , shall, when there is an existing violation of any provision of this chapter, connect to such the public sanitary sewer collection system in the most direct manner possible.

Where a public sanitary sewer collection system is not available, as determined by the city manager and/or city council in each case, the building sewer drainage system shall be connected to a private sewage disposal system complying with the provisions of this section.

A. Before commencement of construction of a private sewage d isposal system, the property owner shall first obtain a permit from the city. The applicant for such permit shall Formatted: Font: (Default) Times New Roman, Not
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Formatted: Font: (Default) Times New Roman, Not
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04/28/2026 Item No.5.

Ordinance No. 1367

supplement any plans, specifications, and other information as are deemed necessary by the city manager. The city manager shall forward a report with recommendations to the city council prior to any action being taken on the permit application.

B. A permit for a private sew age d isposal system shall not become effective until the installation is completed to the satisfaction of the city manager. The applicant for the permit shall notify the city when the work is ready for inspection and before any underground portions are covered.

C. The type, capacity, location, and layout of a private sewage d isposal system shall comply with all recommendations of the city manager. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities. No septic tank or cesspool shall be permitted to discharge to any natural outlet.

D. Within 60 days of the day upon which a public s anitary sewer collection system becomes available to a property served by a private sewage d isposal system, a direct connection shall be made to the public sanitary sewer collection system in compliance with this chapter, and any s eptic tank, cesspool, or similar private sewage d isposal system facility shall be cleaned of sludge, abandoned, and filled with clean bank run gravel or dirt.

E. The owner shall operate and maintain the private sewage disposal system facilities in a sanitary manner at all times, at no expense to the city.

F. No statement contained in this chapter shall be construed to interfere with any additional requirements that may be imposed by the city manager and/or city health officer . (Ord. 1367 § 2 (part), 2026: Prior code § 9077)

13.20.030 Sewage disposal system required.

No person shall maintain or use any residence, place of business or other building or place where persons reside, congregate or are employed which is not provided with a means for the disposal of sewage which complies with the provisions of this chapter. (Ord. 1367 § 2 (part), 2026: Prior code § 9078)

13.20.040 Permit required.

No person shall hereafter construct, alter or relocate a sewage disposal system without first having obtained a permit from the citydepartment. (Ord. 1367 § 2 (part), 2026: Prior code § 9079)

13.20.050 Permit—New construction.

If a sewage disposal system is to be constructed in connection with a new building, the permit therefor shall be obtained prior to the commencement of construction of the new building. ( Ord. 1367 § 2 (part), 2026: Prior code § 9080)
Formatted: List Paragraph, Justified, Space After: 12
pt, Numbered + Level: 1 + Numbering Style: A, B, C, …
+ Start at: 1 + Alignment: Left + Aligned at: 0.25" +
Indent at: 0.5"

04/28/2026 Item No.5.

Ordinance No. 1367

13.20.060 Sewage disposal system business—Bond required.

No person, shall carry on, contract to perform or engage in the business of constructing, altering, relocating, or repairing sewage disposal systems for places of business or human habitation, where the reasonable cost of the labor and materials exceeds tw o hundred fifty dollars without first posting a bond equal to twenty -five percent of the cost of constructing, altering, relocating or repairing the sewage disposal system. The bond may be in the form of cash, or a surety bond issued by a surety company ac ceptable to the city, that is willing and able to guarantee faithful performance on the part of the applicant by the issuance of a corporate surety bond. The cash or surety bond must name the city as obligee and must guarantee performance of the sewer system to the satisfaction of the city for one year after completion of the job as a whole, or such severable unit thereof as is expressly approved by the city. (Ord. 1367 § 2 (part), 2026: Prior code § 9081)

13.20.070 Septic tank minimum capacity.

All septic tanks, disposing of sewage from single family residences shall have minimum capacity of eight hundred liquid gallons. (Ord. 1367 § 2 (part), 2026: Prior code § 9082)

13.20.080 Uniform rules and regulations.

In order that privies, septic tanks and drains for the disposal of the tank effluent shall not be offensive, injurious or dangerous to health, the Uutilities Ddirector health officer shall make and establish reasonable and uniform rules and regulations regarding the size, materials used, location and manner of construction of all privies, septic tanks and drains for the disposal of the tank effluent hereafter constructed. (Ord. 1367 § 2 (part), 2026: Prior code § 9083)

13.20.090 Sewer wells—Declared nuisance.

All sewer wells are declared a public nuisance. (Ord. 1367 § 2 (part), 2026: Prior code § 9084)

13.20.100 Sewer well—Prohibited.

No person shall drill, construct, maintain in or operate a sewer well. ( Ord. 1367 § 2 (part), 2026:

Prior code § 9085)

13.20.110 Construction requirements.

No person shall construct, excavate or maintain any privy, vault, cesspool, septic tank, sewage treatment works, sewer pipes or conduits for the treatment and discharge of sewage or impure waters or substances offensive, injurious or dangerous to health whereby they shall overflow lands except where the person is complying with established requirements of the State Water Resources Control Board, Regional Water Quality Control Board, and the city. Central Valley Regional Pollution Control Board of the state. (Ord. 1367 § 2 (part), 2026: Prior code § 9086)

13.20.120 Privy—Permit—Granting conditions.

04/28/2026 Item No.5.

Ordinance No. 1367

No privies shall be permitted and no permit therefor shall be granted, except for temporary vault privies under the following conditions:

1. The Uutilities Ddirector enforcement agency, in every case, may determine whether or not it is practicable to provide running water and proper means of sewage disposal and, if it decides that it is not practicable to provide running water, shall issue a special temporary permit in writing authorizing the non-installation of plumbing fixtures. The permit shall be made in duplicate, and a copy shall remain on file with the cityenforcement agency;

2. When a permit authorizing the non-installation of a water closet is issued, a temporary vault privy or toilet other than a water closet for the deposit of fecal matter, urine, or sewage may be installed. A privy shall consist of a pit at least three feet deep covered by a shelter sufficient to afford privacy and protection from the elements. Openings in the shelter shall be closed by metal mosquito screening, and the door to the shelter shall close automatically by means of a spring or other device;

3. The privy pit shall not be allowed to become filled with excreta to a point within one foot from the surface of the ground. The excreta in the pit shall be covered with earth, ashes, lime or other similar substance at regular intervals. The pit temporary vault privy shall be maintained in a sanitary condition in order to prevent a spill. (Ord. 1367 § 2 (part), 2026: Prior code § 9087)

13.20.130 Privy—Removal.

WhenWithin 60 days of the day upon which running water becomes available and in which a public sanitary sewer collection system becomes available to a property served by a privy,proper sewage disposal becomes practicable, a direct connection shall be made to the public sanitary sewer collection system in compliance with this chapter; any privy installed pursuant to this chapter shall be completely removed; the place where it was located shall be properly disinfected; and it shall be replaced by one or more individual water closets meeting the requirements of this part relating to water closets in buildings. (Ord. 1367 § 2 (part), 2026: Prior code § 9088)

13.20.140 Privy—Application.

The provisions of this chapter apply to privies existing within the city. No person shall maintain a privy which fails to conform to the standards set forth herein. ( Ord. 1367 § 2 (part), 2026: Prior code § 9089)

13.20.150 Privy—Exception.Reserved.

When running water becomes available and proper sewage disposal becomes practicable any existing privy shall be completely removed, unless such privy is more than two hundred feet distant from any building which is owned or occupied by any other person. (Prior code § 9090)

13.20.160 Permit—Denial conditions.

04/28/2026 Item No.5.

Ordinance No. 1367

No permit shall be issued for the construction, addition to, alteration or modification of any privy, cesspool, septic tank, sewage treatment works, excavation, sewer pipes or conduits or other means for the disposal, common treatment or discharge of sewag e if the means or proposed means will permit any of the following conditions:

1. The escape of any unpleasant or noxious odors, vapors or gasses;

2. The ingress and egress of flies, other insects, rodents or animals;

3. The discharge of sewage or the discharge or drainage of effluent from the sewage disposal system to empty, flow, seep, drain or condense into or otherwise pollute any stream, river, lake, tributary or subterranean or other waters;

4. A condition which will be offensive, dangerous or injurious to health. ( Ord. 1367 § 2 (part), 2026: Prior code § 9091)

13.20.170 City health officer authority.

The city manager or city health officer may order reasonable changes in the method, means, manner and place for the disposal treatment or discharge of sewage in order that the same shall not constitute a menace to health of human beings, animals, or a public nuisance. The ord ers of the city manager or city health officer shall designate the period within which such changes are to be made. (Ord. 1367 § 2 (part), 2026: Prior code § 9092)

13.20.180 Permit—Application—Fee.

Any person desiring to secure a permit or approval shall file an application therefor with the citydepartment, on such forms as the citydepartment shall require. A fee of four dollars shall be paid to the citydepartment on filing an application for a permit, to defray costs of administration and inspection. No fee shall be required for a permit to repair a sewage disposal system. The application shall contain a detailed plan and description of the existing or proposed means for the disposal of sewage and/or proposed addition or alteration. The application shall also contain such other information as the city manager or city health officer shall prescribe. (Ord. 1367 § 2 (part), 2026: Prior code § 9093)

13.20.190 Investigation.

The citydepartment may investigate the proposed sewage disposal system and the conditions effecting it to determine whether the construction as proposed will be offensive, injurious or dangerous to health. (Ord. 1367 § 2 (part), 2026: Prior code § 9094)

13.20.200 Permit—Action required.

The city department must grant, conditionally grant, or deny an application for a permit within thirtyseven days after the application is filed. (Ord. 1367 § 2 (part), 2026: Prior code § 9095)

04/28/2026 Item No.5.

Ordinance No. 1367

13.20.210 Permit—Denial—Appeal.

Any person whose application for a permit has been denied by the citydepartment may within thirty days after the date of such denial appeal therefrom in writing to the city council. Such appeal shall be heard by the city council within sixty ten days after the date appeal is filed. (Prior code § 9096)

13.20.220 Completion notice required.

Upon the completion of a sewage disposal system by an applicant to whom a permit has been issued, theyhe shall forthwith notify the citydepartment of such fact by transmitting to the citydepartment a notice of completion on a form supplied by the citydepartment. (Ord. 1367 § 2 (part), 2026: Prior code § 9097)

13.20.230 Certificate of completion.

The citydepartment may make such investigation and inspection after completion as may be necessary to determine that the plans and specifications approved in the permit have been complied with. It The city shall issue to the applicant a certificate of completion prior to the time that the work is covered, concealed or put in use. Failure to issue such certificate within ten days after the receipt of the notice of completion shall constitute approval of the sewage disposal unless the person has been notified in writing to the contrary within the period. (Ord. 1367 § 2 (part), 2026:

Prior code § 9098)

13.20.240 Variances.

The city manager or city health officer may grant special permits allowing for variances from the provisions of this chapter when practicable difficulties and unnecessary hardships exist in the way of strict enforcement, and when the general purpose and intent of this chapter can be carried out by the variance. (Ord. 1367 § 2 (part), 2026: Prior code § 9099)

13.20.250 Enforcement authority.

The Uutilities Ddirector city manager or city health officer shall enforce all of the provisions of this chapter relative to sewage disposal, treatment or discharge and other matters regulated by this chapter. (Ord. 1367 § 2 (part), 2026: Prior code § 9100)

Chapter 13.25
SEWER CONNECTION SERVICE CHARGES*
Sections:

13.25.010 Sewer connection charges.

13.25.020 Collection of connection charges.

13.25.030 County defined.

04/28/2026 Item No.5.

Ordinance No. 1367

* Effective March 1, 1989 pursuant to emergency measure adopted by Ordinance No. 631-A.

13.25.010 Sewer connection charges.

A. There is hereby established a sewer connection charge which shall be collected prior to the issuance of building permits for commercial/industrial development and dwelling units as established by resolution of the city council.

B. Purpose. The purpose of the fee is to establish a fund for financing equipment and capital improvement projects required to maintain municipal services at adequate levels as service requirements increase with the construction of commercial/industrial developments and dwelling units.

C. Inflationary Adjustment. The sewer connection charges established by this section shall automatically be adjusted on July 1st of each fiscal year by a percentage equal to the increase, if any, in construction costs since the prior fiscal year as determined by the city director based upon Engineering News Record (or similar publication) construction cost indices. The determination shall be reported to the city council by the city manager director on or about June 30th each year or as soon as the information is available. ( Ord. 1367 § 2 (part), 2026: Ord. 988 § 2, 2003: Ord. 631-A § 1, 1989: Ord. 612 § 1, 1988: Ord. 588 § 1 (part), 1987: Ord. 569 § 1, 1986: Ord. 367 (part), 1978)

13.25.020 Collection of connection charges.

Charges shall be collected prior to issuance of permit to connect to city sanitary sewer collection system. The funds collected from this charge shall be credited to the sewer system capital improvement fund of the city, to be expended therefrom as directed by the city council. These fees do not include fees that are applicable to developer benefit dist ricts, or the regional sanitation district. (Ord. 1367 § 2 (part), 2026: Ord. 631-A § 2, 1989: Ord. 612 § 2, 1988: Ord. 588 § 2, 1987:

Ord. 569 § 2, 1986: Ord. 367 (part), 1978)

13.25.030 County defined.

As used in this chapter, the term “county” means Sacramento Area Sewer District (SacSewer)Sacramento Regional County Sanitation District of Sacramento County and the “County portion” refers to the connection fee established by county. ( Ord. 1367 § 2 (part), 2026:

Ord. 631-A § 3, 1989: Ord. 612 § 3, 1988: Ord. 588 § 3, 1987: Ord. 569 § 3, 1986: Ord. 367 (part), 1978)
SECTION 3 SCOPE

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

SECTION 4 SEVERABILITY

04/28/2026 Item No.5.

Ordinance No. 1367

If any section, subsection, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional, invalid, or ineffective of any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases or portions be declared unconstitutional, invalid, or ineffective.

SECTION 5 NO MANDATORY DUTY

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons or property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 6 EFFECTIVE DATE

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

This Ordinance was introduced and the title thereof read at the regular meeting of the City Council on April 14, 2026, and the second reading occurred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember___________________, seconded by Councilmember _________________________ the foregoing Ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this 28th day of April 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

____________________________________
Justin Raithel, MAYOR

ATTEST:

____________________________
Christa Freemantle, CITY CLERK

04/28/2026 Item No.5.

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to facilitate double-sided printing
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04/28/2026 Item No.5.

Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Consent Calendar
ITEM TITLE: Ordinance No. 1369 - An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municipal Code
Concerning Water System Cross -Connection Control (Second Reading and Adoption)

FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

Staff recommends that the City Council adopt Ordinance No. 1369 - An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municipal Code Concerning Water System Cross- Connection Control.

BACKGROUND / ISSUE

The Folsom Municipal Code was initially adopted by the City of Folsom in 1973 consistent with and incorporating reference to several State Government Code sections governing local authority, police powers, and procedures. Over the last 53 years, the Folsom Municipal Code has been amended numerous times annually to reflect legislative changes, policy changes, administrative changes and local preferences.

City staff identified minor code clean up items within Section 13.22 of the Folsom Municipal Code that should be updated to remove outdated references or antiquated provisions, and/or to reflect current best practices. This code clean up pertains to water system cross-connection control and is designed to protect the City’s water system from contamination and pollution caused by backflow events.

These items are listed and described briefly in the analysis section, and incorporated with specific language changes in track changes in the attached Ordinance.

04/28/2026 Item No.6.
2 On April 14, 2026 City Council introduced and conducted first reading of Ordinance 1369 and determined that the project is exempt from CEQA. There have been no changes made since the first reading.

POLICY / RULE

Pursuant to Section 1.01.021 (Adoption), the Folsom Municipal Code (FMC) was adopted by Ordinance 297 in 1973. Any subsequent amendment to the Folsom Municipal Code must also be adopted by Ordinance. Proposed Amendments to Chapter 13.22 do not require public hearing.

ANALYSIS

This section of the report lists and summarizes the staff recommended minor code clean up items in Folsom Municipal Code Section 13.22.

Title 13.22 Water System Cross-Connection Control

- Section 13.22.050 Definitions. Update the definition of “Department” from the Environmental and Water Resources Department to the Utilities Department and update the definitions to include the Water Distribution Manager.

- Section 13.22.050 Evaluation of hazard. Replace the word administrator with specialist.

- Section 13.22.090 Backflow prevention device testing, maintenance, and inspection.

Update the notification requirements to match the language in the City’s Cross-Connection Control Plan Handbook.

FINANCIAL IMPACT

This action has no direct financial impact on the City of Folsom.

ENVIRONMENTAL REVIEW

The proposed City Council action to adopt Ordinance No. 1369 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378 (b)(4) “Project” and Section 15061(b)(3) “Common Sense Exemption”. Under Section 15378, the action does not constitute a “project” under CEQA, as it pertains solely to administrative or procedural matters that do not result in direct physical environmental changes. Furthermore, Section 15061(b)(3), the “common sense exemption”, applies because it can be determined with certainty that the adoption of this updated document will not lead to significant effects on the environment.

ATTACHMENT

Ordinance No. 1369 - An Ordinance of the City of Folsom Amending Chapter 13.22 of the Folsom Municipal Code Concerning Water System Cross-Connection Control

04/28/2026 Item No.6.
3 Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

04/28/2026 Item No.6.

Attachment 1

04/28/2026 Item No.6.

Ordinance No. 1369

ORDINANCE NO. 1369

AN ORDINANCE OF THE CITY OF FOLSOM AMENDING CHAPTER 13.22 OF THE

FOLSOM MUNICIPAL CODE CONCERNING WATER SYSTEM CROSS-

CONNECTION CONTROL

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

SECTION 1 PURPOSE

The purpose of this Ordinance is to amend Chapter 13.2 2 of Title 13 of the Folsom Municipal Code (the “code”) pertaining to Water System Cross -Connection Control. Cross - Connection Control is designed to protect the City’s water system from contamination and pollution caused by backflow events . Chapter 13.2 2 will align the code with current cross- connection control requirements issued by the State Water Resources Control Board.

SECTION 2 AMENDMENT TO CODE

Chapter 13.22 of the Folsom Municipal Code is hereby amended to read as follows:

Chapter 13.22

WATER SYSTEM CROSS-CONNECTION CONTROL

Sections:

13.22.010 Definitions.

13.22.020 Application.

13.22.030 City responsibility.

13.22.040 Cross-connection control program.

13.22.050 Evaluation of hazard.

13.22.060 Level of cross-connection protection required.

13.22.070 Approval of backflow prevention devices.

13.22.080 Location of backflow prevention devices.

13.22.090 Backflow prevention device testing, maintenance, and inspection.

13.22.100 Responsible customer representative.

13.22.110 Temporary backflow protection devices.

13.22.120 Backflow prevention device repair, replacement and relocation.

13.22.130 Discontinuance of water service.

13.22.140 Unauthorized activity.

13.22.150 Violation declared a nuisance.

13.22.160 Enforcement.

13.22.170 Penalties.

13.22.180 Remedies cumulative.

13.22.010 Definitions.

04/28/2026 Item No.6.

Ordinance No. 1369

A. “Air-gap separation (AG)” means a physical break between the supply line and a receiving vessel or drain. The air -gap shall be at least two diameters of the supply pipe measured vertically above the top rim of the vessel or drain and in no case less than one inch.

B. “Approved backflow prevention device (ABPD)” means an effective assembly used to prevent backflow into a potable water system which has passed laboratory and field tests by a testing organization recognized by the DDW and is listed on the approved and published list maintained by the University of Southern California Foundation for Cross -Connection Control and Hydraulic Research (USC-FCCCHR).

C. “Approved water supply” means the city’s potable water supply or any other water supply that is regulated by DDW.

D. “Auxiliary supply” means any water supply other than a potable supply regulated by DDW that is available to the customer.

E. “Backflow” means the reversal of flow of water or mixtures of water and other liquids, gases or other substances into the distribution pipes of a potable supply of water from any source or sources.

F. “DDW” means the California State Water Resources Control Board, Division of Drinking Water.

G. “CA-NV Section AWWA” means the California -Nevada Section of the American Water Works Association (AWWA).

H. “Certified backflow prevention assembly tester” means an individual who holds a current certificate as a backflow prevention assembly tester as issued by CA-NV Section AWWA, or equivalent organization as recognized by DDW and is certified by Sacramento Cou nty’s environmental management department.

I. “City” means the city of Folsom.

J. “City water system” means those facilities within and without the city that the city uses to deliver potable water as the DDW recognized water purveyor.

K. “Contamination” means degradation of the quality of the potable water by any substance which creates a hazard to the public health or which may impair the usefulness or quality of water.

L. “Cross-connection” means any unprotected actual or potential connection between a public or customer’s potable water system and any source or system through which it is possible to introduce into any part of the potable system any used water, contaminant or other substance other than the potable water with which the system is supplied.

04/28/2026 Item No.6.

Ordinance No. 1369

M. “Cross-connection control specialist” means an individual who holds a valid certificate as a cross-connection control specialist as issued by CA -NV Section AWWA, or equivalent organization as recognized by DDW and has been designated as the city’s cross -connection control specialist by the department.

N. “Customer” means any person or entity including the city using water supplied by the city water system. “Customer” includes tenants of single-family dwellings or duplexes, owners of real property and management companies responsible for property management of real property.

O. “Department” means the city of Folsom environmental and water resources utilities department.

P. “Director” means the director of the department or his or her designee, unless otherwise stated or indicated by context.

Q. “Discontinued service” means having the water service turned off by the department.

R. “Double check valve backflow prevention assembly (DC)” means an assembly composed of two independently acting check valves, including shut -off valves and test cocks, that is an ABPD.

S. “Fire chief” means the fire chief of the city of Folsom, or designee unless otherwise stated or indicated by context.

T. “Premises” means any and all areas on a customer’s property which are served or have the potential to be served by the city water system.

U. “Private fire service” means a private fire service main and appurtenances installed in accordance with NFPA 24 on private property and maintained by the property owner for the explicit intent of providing fire flows either through fire hydrants, fire spri nkler systems, or other water-based fire protection systems.

V. “Reclaimed water” shall mean wastewater or other water which as a result of treatment is suitable for nonpotable use.

W. “Reduced pressure principle backflow prevention device (RP)” means a device incorporating two check valves and an automatically operating differential relief valve located between the two checks, a tightly closing shut -off valve on each side of the check v alve assembly, and equipped with necessary test cocks for testing, that is an ABPD.

X. “Service connection” shall refer to the point of connection of the customer’s piping to the city’s water system.

Y. “Single-family dwelling unit” means a building designed for one family and containing one kitchen.

04/28/2026 Item No.6.

Ordinance No. 1369

Z. “Water distribution supervisormanager” means the water distribution supervisor manager in the department or his or her designee unless otherwise stated or indicated by context. (Ord. 1315 § 2, 2021)

13.22.020 Application.

The provisions of this chapter shall apply to all customers of the city water system. (Ord. 1315 § 2, 2021)

13.22.030 City responsibility.

The city, and its duly authorized employees, shall operate the public water system and implement a cross-connection control program. The purpose of this chapter is to: (A) protect the city water system against actual or potential cross -connections by isola ting within the premises contamination that may occur because of some undiscovered or unauthorized cross-connection on the premises; (B) eliminate existing connections between potable water systems and nonpotable systems that create a hazard to public heal th; (C) eliminate existing cross -connections between potable water systems and sources of contamination; and (D) prevent the making of cross - connections in the future. (Ord. 1315 § 2, 2021)

13.22.040 Cross-connection control program.

A. The director is authorized to develop a cross-connection control program that is consistent with the intent of this chapter, DDW regulations, California Code of Regulations, and any applicable laws. At a minimum, the program shall have the following elements:

1. Conducting surveys as required identifying those water users where cross-connections are likely to occur;

2. Require the provision of backflow protection by the water user at the water user’s service connection(s) or within the user’s premises or both if required based on the potential for a cross-connection;

3. Establishment of procedures for testing backflow prevention devices, and maintenance of records of locations, tests, and repairs of these devices; and

4. Maintain a list of certified backflow prevention assembly testers from the list compiled by the Sacramento County environmental management department’s list.

B. The director shall oversee this chapter’s implementation, compliance with DDW regulations, and any laws regulating cross-connection control. (Ord. 1315 § 2, 2021)

13.22.050 Evaluation of hazard.

04/28/2026 Item No.6.

Ordinance No. 1369

The department is authorized to evaluate the degree of potential health hazard to the city water system which may be created either as a result of conditions existing or potential created by a customer on their premises. The department shall not be respons ible for abatement of cross - connections which may exist on the customer’s premises. Evaluation of the potential for health hazard, as a minimum, shall consider: (1) existence of cross -connections; (2) nature of materials on the premises and method of handling; (3) probability of backflow occurring; and (4) complexity and potential for modifications of piping system.

A. In the evaluation of the degree of potential hazard, consideration shall be given to premises with the following conditions:

1. Substances harmful to health handled in a manner which could permit their entry into the city water system. This includes chemical and biological process waters, water from an approved water supply which has been subjected to deterioration in sanitary qual ity, and water from an auxiliary supply.

2. Internal cross-connections that are not corrected or abated to the satisfaction of the cross - connection control administratorspecialist.

3. Cross-connections are likely to occur and entry is restricted so that cross -connection inspections cannot be made on short notice or with the frequency given in Section 13.22.090 to assure that cross-connections do not occur.

4. Repeated history of cross-connections being established or reestablished.

B. Periodic inspections of the customer’s premises may be required either to evaluate the potential for cross -connections or adequacy of backflow prevention devices or practices. These inspections may be in response to activities such as changes in use or own ership of the premises. The city shall provide twenty-four hours’ notice prior to inspection of the premises, unless conditions dictate that a longer or shorter notice period is more reasonable. Failure to provide the city with access to conduct an inspection shall constitute a violation of this chapter.

C. Cross-connection control requirements in this chapter shall be included as a condition of approval for water service for any new development or redevelopment project, with the exception of single -family dwelling units unless the single -family dwelling unit meets the condition as identified in subsection D of this section. Plans and specifications for any project other than single -family dwelling units (with the exception of single -family dwelling units meeting the condition in subsection D of this section) requiring a building permit shall be required to install the minimum level of cross-connection protection at the point of connection to the public water system as defined by Section 13.22.060.

D. Any single-family dwelling unit that includes an on-site domestic water pump, fire protection pump, water well or wastewater pump station will be required to install the minimum level of cross-connection protection at the point of connection to the public water system as defined by Section 13.22.060. (Ord. 1315 § 2, 2021)

04/28/2026 Item No.6.

Ordinance No. 1369

13.22.060 Level of cross-connection protection required.

The level of protection required shall be commensurate with the degree of potential public health hazard that exists or potentially exists on the customer’s premises.

The minimum level of protection for all applications shall be a reduced pressure principle backflow prevention device (RP) with the exception that the retrofit of fire protection systems, private and public, without access to an auxiliary supply or other c ross-connection shall be subject to the conditions of the permit from the fire department required for modifications to the fire system in accordance with Chapter 8.36. The customer may choose a higher level of protection than that required by the cross-connection control program; however, the customer shall be responsible for installation in accordance with Section 13.22.080. (Ord. 1315 § 2, 2021)

13.22.070 Approval of backflow prevention devices.

The cross-connection control specialist, after determining the level of protection required per the requirements of Sections 13.22.050 and 13.22.060, shall approve the backflow prevention device to be installed. The proposed device shall be an approved backflow prevention device as defined in this chapter and shall be located per the requirements of Section 13.22.080. Any interior or exterior coating of the backflow prevention device shall be American National Standards Institute/National Sanitation Foundation (ANSI/NSF) Standard 61 approved coating, in accordance with AWWA specification. (Ord. 1315 § 2, 2021)

13.22.080 Location of backflow prevention devices.

A. Backflow prevention devices shall be located as close as practical to the customer’s connection and shall be a minimum of twelve inches and a maximum of thirty -six inches above finished grade as measured from the bottom of the device. Alternative locations shall be subject to review and approval in writing by the cross -connection control specialist. There shall be a minimum of twelve inches of side clearance on the side with the test cocks.

B. Air-gap separation device (AG) shall be located as close as practical to the customer’s connection and all piping between the customer’s connection and the receiving tank shall be entirely visible unless impractical based on existing conditions and as othe rwise approved in writing by the cross-connection control specialist. (Ord. 1315 § 2, 2021)

13.22.090 Backflow prevention device testing, maintenance, and inspection.

A. Backflow prevention device testing shall be in accordance with the field test procedures as outlined in the latest edition of the Manual of Cross -Connection Control, University of Southern California, Foundation for Cross -Connection Control and Hydraulic R esearch. All tests shall be performed by a certified tester, from the list of certified testers maintained by the county of Sacramento environmental management department and the results of the test shall be submitted to the department. No new, repaired, o r relocated device that fails the test shall be placed in service.

04/28/2026 Item No.6.

Ordinance No. 1369

B. Customers with a backflow prevention device on their premises shall have the device inspected and tested on an annual basis by a certified tester. The department may require a more frequent testing schedule if is determined to be necessary based on the cri teria presented in Section 13.22.050. When devices are determined to be defective they shall be repaired or replaced by the customer within fourteen calendar days or a shorter time period based on any hazardous condition that might impact the city water system or other customer connections, or service will be discontinued. If service is discontinued, the customer shall pay the city’s turn on/off service fee, as set by ordinance or resolution of the city council.

C. The department will notify the customer annually that the backflow prevention device needs to be tested. This notice shall contain the date when the testing must be completed, at least thirty days from the date of mailing, and instruction for how to submit the test results. If, forty- five calendar days after the date of mailing, the customer has not submitted the required test report, the department will test the backflow prevention device and the customer will be charged a fee for this service as set by ordinance or resolution of the city council. In the event the backflow prevention device fails to pass the test, the customer shall, within fourteen calendar days, either repair or replace the backflow prevention device as provided in this section, or service will be discontinued. The customer has forty -five (45) calendar days from the date of the initial notice to complete backflow testing and submit the test report to the city.

If the report is not received within 45 days, the department will issue a second notice. If the report is still not received within fifteen (15) calendar days of the second notice, a final notice will be issued, providing seven (7) calendar days for submittal of the report. The final notice from the department will include a date when service disconnection will occur. If the customer does not test their backflow device in accordance with the requirements described in this section, the City, or a Contractor hired by the City, will complete the backflow testing of the device. The customer shall pay the city’s fee for testing the backflow prevention device and the turn on/off service fee if required.

D. Upon completion of a test of the backflow prevention device, the tester shall follow the instructions provided in the notice to submit the test report and pay the associated fee.

E. Test Submission Fee. The city council hereby establish a fee of fifteen dollars for the submission of backflow device test results under the provisions of this chapter. This fee may be amended by resolution of the city council from time to time.

F. Discontinuance of service shall be cause for retesting of the backflow device on the service in accordance with the procedures outlined above. (Ord. 1315 § 2, 2021)

13.22.100 Responsible customer representative.

All customers required to submit a backflow prevention device inspection report per the requirements of Section 13.22.090 shall designate an individual responsible for monitoring the backflow prevention device and avoidance of cross-connections during operation and maintenance of the customer’s on-site pipelines and equipment, or any modifications thereto. In addition, this representative shall be responsible for notifying the cross -connection control specialist of any potential contamination or pollution of the city water system due to a cross -connection on the Formatted: Font: (Default) Times New Roman, Not
Bold, Not Italic, No underline

04/28/2026 Item No.6.

Ordinance No. 1369

customer’s premises. Current contact information shall be supplied annually if not more frequently on the inspection report. In the event the department is unable to contact a responsible customer representative after a cross-connection is discovered, service may be temporarily discontinued at the discretion of the director until such testing occurs. (Ord. 1315 § 2, 2021)

13.22.110 Temporary backflow protection devices.

A. Temporary backflow protection devices of all types shall be subject to the approval of the cross-connection control specialist. An inspection report for the device shall be submitted for review and the tester will attach a department-supplied tag to the device.

B. Temporary connections for construction water or other approved uses shall be subject to the conditions and fees identified on the department’s temporary water use application. (Ord. 1315 § 2, 2021)

13.22.120 Backflow prevention device repair, replacement and relocation.

The customer shall obtain approval from the cross-connection control specialist before a backflow prevention device is replaced or relocated.

A. Repair. A backflow prevention device may be removed for repair; provided, that the water use is discontinued until the device is returned to service, or the service connection is equipped with a temporary backflow prevention device that is approved by the cross-connection control specialist. A device returned to service must be tested and pass before being placed in service in accordance with Section 13.22.090.

B. Replacement. A backflow prevention device may be removed and replaced; provided, that the water use is discontinued until the replacement device is installed, tested, and passes before being placed in service in accordance with Section 13.22.090.

C. Relocation. A backflow prevention device may be relocated upon approval by the cross - connection control specialist. The relocated device shall continue to provide the current level of protection or higher as determined by the cross -connection control speci alist and shall satisfy installation requirements as given in Section 13.22.080. The device shall be tested and pass before being placed in service in accordance with Section 13.22.090. (Ord. 1315 § 2, 2021)

13.22.130 Discontinuance of water service.

A. The director may discontinue service to a customer’s nonfire connection to the city water system at the time the director issues to the customer a second notice of violation of any provision of this chapter or determines that immediate discontinuance is ne cessary for the protection of the city’s water system. If the customer’s water service is discontinued due to violations of this chapter, the customer shall be subject to penalties specified in Section 13.22.170. Upon seeking renewed service from the city, the backflow prevention device being returned to service must be tested in accordance with Section 13.22.090. The customer shall pay the city’s water turn off/on service fee and any other appropriate fees as set

04/28/2026 Item No.6.

Ordinance No. 1369

by ordinance or resolution of the city council. Any decision by the director to discontinue service may be appealed as specified in Section 13.22.170(C).

B. Property owners with private fire services, upon being issued a notice of violation by the director of any provision of this chapter, shall have thirty calendar days to submit a plan of correction to the director. Prior to making any modifications or alter ations to the on -site fire service, a permit shall be obtained from the Folsom fire department in accordance with Chapter 8.36. Failure to comply with this section shall subject the property owner to the penalties specified in Section 13.22.170, and the service may be discontinued at the discretion of the director and the fire chief when discontinuance is required to protect the city water system or other customer connections. Devices used on fire services shall be approved by the DDW and listed for fire service use and maintained in accordance with State Fire Marshall regulations. (Ord. 1315 § 2, 2021)

13.22.140 Unauthorized activity.

A. Any temporary or permanent connection to the city water system made without review by the department, whether it needs a backflow prevention device or not, shall subject the customer to the penalties specified in Section 13.22.170.

B. Any person who makes, maintains, or causes to be maintained a temporary or permanent cross- connection shall be subject to the penalties specified in Section 13.22.170.

C. Any customer who maintains any plumbing fixture as defined by the California Plumbing Code, or other appurtenance that discharges to a sanitary sewer, which by reason of its construction may or potentially may cause contamination of the city water system s hall be subject to the penalties specified in Section 13.22.170. (Ord. 1315 § 2, 2021)

13.22.150 Violation declared a nuisance.

Any activity in violation of this chapter will adversely and seriously affect the public health, safety and welfare, is hereby declared to be a public nuisance and may be remedied as provided in this chapter, any other applicable portion of the Folsom Municipal Code or applicable state law. (Ord. 1315 § 2, 2021)

13.22.160 Enforcement.

A. This chapter shall be enforced pursuant to the provisions of Chapters 1.08 through 1.10, inclusive, and any other enforcement mechanism available to the city under the Folsom Municipal Code and/or applicable law.

B. Unless otherwise expressly provided in this chapter, the director shall enforce the provisions of this chapter. (Ord. 1315 § 2, 2021)

13.22.170 Penalties.

04/28/2026 Item No.6.

Ordinance No. 1369

A. The goal of the provisions of this chapter is to achieve voluntary compliance from the customer, and the city will take reasonable measures to assure the customer has information available to promptly and efficiently address cross-connection control issues. Where voluntary compliance cannot be achieved through initial contacts and warnings, then appropriate administrative penalties and further action are required. Except as otherwise provided herein, violations of any provision of this chapter shall be addressed as follows:

Violation Penalty
First Written notification and issuance of a
notice to correct.

Second Issuance of an administrative penalty,
discontinued water service and/or other
penalties as provided in the notice of
violation and as determined by the
director.

B. Penalties.

1. A violation of this chapter shall also be an administrative violation as defined in Section 1.08.020.

2. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter. Based on the criteria for imposition of administrative sanctions set forth in Section 1.09.014, each day a violation of this chapter continues it shall be deemed a Level A violation as that term is described in Section 1.09.012 with an initial penalty of up to one hundred dollars.

3. Violations of this chapter which are deemed to be willful noncompliance or unlawful connections may be subject up to a Level E violation as determined by the director.

C. Appeal. There shall be no appeal of the level of protection required as identified in Section 13.22.060 and any appeal of administrative penalties shall follow the request for hearing procedures provided in Chapter 1.09. Any order to discontinue water service or any other orders or decisions of the director shall be appealable to the city manager pursuant to Section 2.08.060; provided, however, that the city manager’s decision shall be final and there shall be no right of appeal to the city council. (Ord. 1315 § 2, 2021)

13.22.180 Remedies cumulative.

The remedies set forth in this chapter are cumulative to any other remedy available to the city.

Pursuit of one remedy shall not preclude any other remedy, and nothing contained in this chapter shall limit or be deemed to prevent the city from pursuing any other remedy available to the city under the Folsom Municipal Code or other applicable law. (Ord. 1315 § 2, 2021)

SECTION 3 SCOPE

04/28/2026 Item No.6.

Ordinance No. 1369

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

SECTION 4 SEVERABILITY

If any section, subsection, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional, invalid, or ineffective of any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sect ions, subsections, clauses, phrases or portions be declared unconstitutional, invalid, or ineffective.

SECTION 5 NO MANDATORY DUTY

This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care towards persons or property within or without the City, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 6 EFFECTIVE DATE

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

This Ordinance was introduced and the title thereof read at the regular meeting of the City Council on April 14, 2026, and the second reading occurred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember___________________, seconded by Councilmember _________________________ the foregoing Ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this 28th day of April 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

____________________________________
Justin Raithel, MAYOR

ATTEST:

04/28/2026 Item No.6.

Ordinance No. 1369

____________________________
Christa Freemantle, CITY CLERK

04/28/2026 Item No.6.

Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Consent Calendar
ITEM TITLE: Community Park West Alternative Site Development Agreement Amendments (DEVA26-00028). This request does not include any changes to the zoning or allowed uses on the specified parcels and subsequent land use approvals are required before any
development can occur on the sites which are the subject of this request. Therefore, this request is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3):
i. Ordinance No. 1363 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First
Amended and Restated Tier 1 Development Agreement By
and Between the City of Folsom and Alder Creek West
Improvement Company, LLC, With Respect to Property
Previously Owned by Hillsborough North, LLC. (Second
Reading and Adoption)
ii. Ordinance No. 1364 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First
Amended and Restated Tier 1 Development Agreement By
and Between the City of Folsom and Alder Creek West
Improvement Company, LLC, With Respect to Property
Previously Owned by Prairie City Commercial Properties, LLC. (Second Reading and Adoption)
iii. Ordinance No. 1365 - An Uncodified Ordinance of the City of Folsom Approving Amendment No. 2 to the First
Amended and Restated Tier 1 Development Agreement By
and Between the City of Folsom and Alder Creek West
Improvement Company, LLC, With Respect to Property
Previously Owned by West Hillsborough Investors, LLC.
(Second Reading and Adoption)
FROM: Community Development Department

04/28/2026 Item No.7.
2 RECOMMENDATION / CITY COUNCIL ACTION
Move to c onduct the second reading and adopt Ordinance No. 1363, Ordinance No. 1364, and Ordinance No . 1365, uncodified ordinances approving amendments to three Development Agreements to designate new Alternate Sites for Community Park West.

BACKGROUND / ISSUE

On April 14, 2026, the City Council introduced and conduct the first reading of Ordinance No. 1363, Ordinance No. 1364, and Ordinance No. 1365 , uncodified ordinances approving amendments to three Development Agreements to designate new Alternate Sites for Community Park West. No changes have been made to the ordinances since the first reading.

History
The Folsom Plan Area Specific Plan (FPASP or Specific Plan), 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 S acramento County/El Dorado County line in the southeastern portion of the City.

In 2011, the Folsom City Council entered into a “Tier 1” Development Agreement with multiple property owners covering the entirety of the Specific Plan that laid out an initial set of agreements between the City and the property owners related to implementation of the Specific Plan. In 2014, the Folsom City Council then entered into a set of amended “Tier 1” Development Agreements between the City and most Specific Plan landowners, which replaced the original Development Agreement. These “Amended Tier 1” Development Agreements are known as the First Amended and Restated Tier One Development Agreements, or “ARDAs” for short. A separate ARDA was entered into with each property owner. Over the ensuing decade, amendments to most of the ARDAs have been approved, and some “Tier 2” project-level Development Agreements that layer on to the ARDAs have also been approved. However, the ARDAs remain the base Development Agreement to which all future agreements refer.

One of the more substantial amendments in 2014 was to language related to the property known as Area 40, which is a portion of the Aerojet Rocketdyne properties designated by the U.S.

Environmental Protection Agency (EPA) as a Superfund Site in 1983. Area 40 is designated under the FPASP as a mix of Open Space, Park, and Residential land uses. When the initial Tier 1 Development Agreements were approved, a provision regarding this property was included that gave the City of Folsom the authority to rezone la nd within a specified area of the Specific Plan for use as a park, should the designated parkland within the Area 40 site not be available when surrounding properties begin to develop. In the ARDAs, this provision was amended and expanded to include timing triggers and a specified “Alternate Site” should the Area 40 parkland (now referred to as Community Park West) remain unavailable when the triggers are hit. Section 2.2.3.2 (Area 40 – Community Park West) of the ARDAs provides the specific language, which in sum includes the following:
• Establishment of a designated Alternate Site, agreed to by the landowners and the city and depicted in Exhibit 2.2.3.2.
• Agreement that the Alternate Site shall not exceed the size of Community Park West (approximately 47.8 acres).

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3 • Direction that the landowner or their successor in interest shall process Parcel Maps with their first land use application or submittal of a Specific Plan Amendment in the Community Park West service area separately delineating the Alternate Site and Community Park West, which shall include the granting of an Irrevocable Offer of Dedication to the City on both sites (IOD).
• Agreement that the landowner or their successors in interest may develop all land around the Alternate Site and Community Park West site as outlined in the Specific Plan.
• A requirement that upon issuance of the 1,200th building permit within the Community Park West service area outlined in the Specific Plan either the Community Park West site will have regulatory clearance for park use or that the City will accept the IOD on the Alternate Site for park use.

On April 9, 2025, Toll Brothers submitted a Vesting Small Lot Tentative Subdivision Map for 1,422 residential lots on approximately 464 acres in the western portion of the Specific Plan, called Toll Brothers at Alder Creek (Project No. MSTR25-00084). The Toll Brothers project planned for residential lotting on the designated Alternate Site, as regulatory clearance of the Area 40 site appeared imminent at the time of project submittal. However, the U.S. Environmental Protection Agency (EPA) subsequently stat ed that regulatory clearance for the Area 40 site would not be granted before additional testing and remediation work was completed by the landowner. This is anticipated to take another two to three years.

City staff then informed Toll Brothers that the residential lotting shown for the Alternate Site could not move forward to hearing due to the ARDA restrictions. The overall project would have to be modified to retain the Alternate Site for potential future use as a park or a new Alternate Site within the Community Park West service area would have to be identified. Toll Brothers then worked with the city and the landowner to identify potential replacement Alternate Sites. Two sites were identified through a coordinated effort with the City Parks Department and Community Development Department and are being brought forward for consideration through these amendments.

Staff wish to note that the applicant, Alder Creek West Improvement Company, LLC, is the current landowner of the properties covered by the ARDA. However, the ARDA was not amended to reflect the ownership change. Instead, Alder Creek West Improvement Compa ny, LLC recorded assignment and assumption agreements, as permitted in Section 7.11 of the ARDA to assume all responsibilities and benefits outlined in the ARDA. Staff have copies of the agreements and can provide them if requested. Due to various ownersh ip changes over time, three separate amendments are required to cover all of the property at issue in this request, namely, the existing Alternate Site and the proposed Alternate Sites. All three amendments are amending one single ARDA, but each one covers a distinct geographic area, which is described and depicted in Exhibit A to each amendment. At the time the ARDA was signed, all property subject to this request was owned by Aerojet/Easton and all of it was subject to one ARDA. Later, portions of the property were sold to different entities, each of which signed an assignment and assumption agreement to accept Aerojet’s interest in the ARDA for the specific portion of property being sold. More recently, Alder Creek West Improvement Company, LLC, the applicant here, purchased all of the property which is the subject of this request from the various landowners and signed multiple

04/28/2026 Item No.7.
4 assignment and assumption agreements to assume the previous owners’ interest in the ARDA covering the property. As a result, multiple amendments are required to effectuate this change for all of the property that is the subject of this request. All the a mendments included in this request contain the same terms and conditions, with the only differences relating to the specific property covered and the previous ownership history.

Applicant Proposal
The applicant, Alder Creek West Improvement Company, LLC, is requesting amendments to the Tier One Amended and Restated Development Agreement Between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC and the Tier One Amended and Restated Development Agreement Between the City of Folsom and Easton Valley Holdings, LLC. The proposed amendments are included as Attachments 4, 5, and 6 to this report. The purpose of the amendments is to designate new Alternate Sites for Community Park West, which is a community park planned under the Folsom Plan Area Specific Plan (FPASP or Specific Plan) on an approximately 48-acre site in the western area of the Specific Plan. As outlined in the Background Section of this report, development agreements covering much of the Specific Plan include language delineating an Alternate Site for Community Park West due to the potential for the site to be unavailable for park use when required.

Changing the Alternate Site designation will be accomplished by replacing Exhibit 2.2.3.2 of the Development Agreements, which is a map showing the location of the Alternate Park Site.

Currently, Exhibit 2.2.3.2 delineates a portion of the applicant’s prop erty on the east side of Oak Avenue Parkway, north of Mangini Parkway, as the Alternate Site. The Amendment would remove that land from consideration as the Alternate Site and instead designate as the Alternate Park Sites two areas at the northwest and sou thwest corners of the Specific Plan that would equal approximately 48 acres in total. The existing and proposed Exhibits 2.2.3.2 are shown below. A note would be included that reserves up to 9.9 acres for private development use on the northwestern site, based on the size of that parcel.

The current designated Alternate Site is approximately 47.8 acres, covering portions of FPASP Parcels 25 and 26. This area has land use designations of Single Family and Single-Family High Density. Park uses are permitted by right under both designations. However, Section 2.2.3.2 of the ARDAs states that even as the designated Alternate Site, use of them for Community Park West would require a Specific Plan Amendment and accompanying environmental review.

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5 Exhibit 1: Development Agreement Exhibit 2.2.3.2 (Existing)

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6 Exhibit 2: Development Agreement Exhibit 2.2.3.2 (Proposed)

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7 POLICY / RULE
Government Code Section 65864 et seq. allows cities to enter into development agreements with property owners to provide for greater certainty in development project review and the ability to move public facility improvements forward in a timely manner. As the Legislative Body for the City of Folsom, the City Council will be the approval authority for the requested Development Agreement Amendments, which will be done by uncodified Ordinance, pursuant to City Council Resolution No. 2370.

ANALYSIS
The applicant reviewed numerous options for a new Alternate Site with staff of the City Parks Department and Community Development Department. The following criteria were used by City staff to review the options and determine whether they were acceptable:

1. The Alternate Site or Sites must be equal in acreage to the designated Community Park West site (48.1 acres) to ensure parkland dedication remains consistent with Quimby regulations.

2. Park use must be permitted on the Alternate Site or Sites.

3. The Alternate Site or Sites must serve the western area of the Specific Plan anticipated for Community Park West, as shown in Figure 9.1 of the Specific Plan.

4. The Alternate Site or Sites cannot be designated Open Space land unless other non -Open Space land is redesigned for Open Space in an equal amount to maintain Measure W Open Space requirements.

5. The Alternate Site or Sites cannot impact hardline preserve areas or require removal of oak woodland beyond that anticipated under the Specific Plan Environmental Impact Report/Environmental Impact Statement (EIR/EIS).

6. The Alternate Site or Sites must be large enough to be programmed for the active recreational uses and ancillary facilities anticipated for Community Parks in the Specific Plan.

Ultimately, the two Alternate Sites shown in the proposed amended Exhibit 2.2.3.2 were proposed by the applicant and determined by city staff to meet all the listed criteria:

1. The applicant was unable to identify a single site that met the city’s criteria, and so is proposing two sites. One site is 26.6 acres comprising FPASP Parcel 11 (8.56 acres), and a portion of FPASP Parcel 12 (18.04 acres). The other site is a portion of F PASP Parcel 1 (21.5 acres). The two sites total 48.1 acres, equivalent to the current Community Park West site.

2. The two Alternate Sites are designated as Industrial, Single -Family High Density Residential (northern site), and Multi -Family Medium Density (southern site) under the Specific Plan. Park uses are permitted by right under both designations. As with the current Alternate Site, a Specific Plan Amendment and accompanying environmental review would be required to change the land use designation to Parks, which is required under the ARDA language.

3. The two Alternate Sites are both in the western portion of the Specific Plan and can serve the same development area when considered together.

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8 4. The two Alternate Sites do not contain parcels designated as Open Space.

5. The two Alternate Sites do not impact hardline preserve areas. Up to 10 acres of oak woodland could be affected on FPASP Parcel 1, however this impact was anticipated by the FPASP EIR/EIS and ultimately could be less depending on how the park and private development on the site are designed.

6. At the request of the City Parks Department, the applicant worked with a park planning consultant to diagram potential programming for both park sites, such as baseball fields, soccer fields, parking lots, and restrooms. Staff of the Parks Department revie wed the diagrams and were comfortable that the programming for Community Park West could be accommodated by these two new sites, if both remained a minimum of 20 acres.

Staff support moving the designated Alternate Site as proposed. To be clear, the requested amendments do not change the land use designations for the subject parcels or relocate Community Park West. They only result in a change to the area that is required to be held under an Irrevocable Offer of Dedication (IOD) held by the city unless and until the Community Park West site receives regulatory clearance by the U.S. EPA. If the Community Park West site becomes available as anticipated, the IOD would be rejected by the city and development of the sites could proceed as anticipated by the Specific Plan. Should there be a need to use the Alternate Sites for parkland, the city may accept the IOD. However, as mentioned in this report, the ARDA language also state s that the owner of the Alternate Sites (currently the applicant) must process a Specific Plan Amendment to use the Alternate Sites as Parkland, requiring a public hearing process and accompanying environmental review.

The Planning Commission considered this request at their March 18, 2026, hearing and voted to recommend approval to the City Council (6-0-1 absence).

FINANCIAL IMPACT
There is no financial impact on the General Fund.

ENVIRONMENTAL REVIEW
While park use is allowed under the land use designations of the proposed Alternate Site parcels, a Specific Plan Amendment will be required before these parcels can be developed for use as parkland per the ARDA requirements. Accompanying environmental review will also be required.

Therefore, the requested amendments to the Development Agreements are exempt from environmental review pursuant to CEQA Guidelines Section 10561(b)(3) because subsequent land use approvals are required before any park developmen t can occur on the sites which are the subject of this request, so it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. No environmental review is required as a part of the application for amendments to the Development Agreements which are the subject of this public hearing.

ATTACHMENTS

1. Ordinance No. 1363- An uncodified ordinance of the City of Folsom approving

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9 Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, with respect to property previously owned by Hillsborough North, LLC.

2. Ordinance No. 1364- An uncodified ordinance of the City of Folsom approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, with respect to property previously owned by Prairie City Commercial Properties, LLC.

3. Ordinance No. 1365- An uncodified ordinance of the City of Folsom approving Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement By and Between the City of Folsom and Alder Creek West Improvement Company, LLC, with respect to property previously owned by West Hillsborough Investors, LLC.

4. Tier One Amended and Restated Development Agreement Between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC

Submitted,

____________________________

PAM JOHNS
Community Development Director

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Attachment 1

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Ordinance No. 1363

ORDINANCE NO. 1363

AN UNCODIFIED ORDINANCE OF THE CITY OF FOLSOM APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED TIER 1

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY,

LLC, WITH RESPECT TO PROPERTY PREVIOUSLY OWNED BY HILLSBOROUGH

NORTH, LLC

WHEREAS, a Final Environmental Impact Report/Environmental Impact Statement for the Folsom Plan Area Specific Plan was prepared and certified by the City Council on June 11, 2011, and the Sacramento Local Agency Formation Commission approved the City’s annexation of the Folsom Plan Area on January 18, 2012; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869.5 of the Government Code, the City Council, following a duly noticed public hearing on June 28, 2011, approved the Tier 1 Development Agreement relative to the Folsom South Specific Plan (Tier 1 DA) for the development of the Folsom Plan Area by adopting Ordinance No. 1149 on July 12, 2011; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869. 5 of the Government Code, the City Council, following a duly noticed public hearing on May 27, 2014, approved the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC relative to the Folsom South Specific Plan (ARDA) by adopting Ordinance No. 1207 on June 10, 2014; and

WHEREAS, the ARDA includes a requirement for the landowners to designate an Alternate Site to be used in the event that the property designated in the Folsom Plan Area Specific Plan as Community Park West is unavailable for use as a park site when specified triggers are hit; and

WHEREAS, Alder Creek West Improvement Company, LLC is the landowner and successor in interest to Aerojet Rocketdyne, Inc. and Easton Development Company, LLC for the property which is the subject of this Ordinance; and

WHEREAS, the proposed Toll Brothers at Alder Creek project consists of the development of a 1,422-unit residential community on 464 acres located within the Folsom Plan Area, which includes the land currently identified in the ARDA as the Alternate Park Site; and

WHEREAS, the City, the landowner, and the developer of the Toll Brothers at Alder Creek project desire to amend the ARDA in order to relocate the designated Alternate Site for Community Park West, in order for development of the project to proceed; and

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Ordinance No. 1363

WHEREAS, the Planning Commission, at its regular meeting on March 18, 2026, considered Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC, with respect to property previously owned by Hillsborough North, LLC , relative to the Alternate Site for Community Park West at a duly noticed public hearing as prescribed by law, and recommended that the City Council approve said Amendment No. 2; and

WHEREAS, all notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

NOW, THEREFORE, the City Council of the City of Folsom hereby does ordain as follows:

SECTION 1 FINDINGS

A. The above recitals are true and correct and incorporated herein by reference.

B. Amendment No .2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Hillsborough North, LLC (Amendment No. 2) is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan and the Folsom Plan Area Specific Plan.

C. Amendment No. 2 is in conformity with public convenience, general welfare, and good land use practices.

D. Amendment No. 2 will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.

E. Amendment No. 2 will not adversely affect the orderly development of property or the preservation of property values.

F. Amendment No. 2 has been prepared in accordance with, and is consistent with, Government Code Sections 65864 through 65869.5, and City Council Resolution No. 2370.

G. All notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

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Ordinance No. 1363

H. Pursuant to the applicable Amended and Restated Development Agreement, a Specific Plan Amendment and accompanying environmental review are required before the proposed Alternate Park Site parcels can be developed for use as Community Park West.

I. Amendment No. 2 is exempt from environmental review pursuant to CEQA Guidelines Section 15061(B)(3) because there is no possibility that the requested amendments may have a significant effect on the environment due to the fact that subsequent land use approvals and associated environmental review are required before the parcels at issue could be developed for use as Community Park West .

SECTION 2 APPROVAL OF AMENDMENT TO DEVELOPMENT

AGREEMENT

The Mayor is hereby authorized and directed to execute Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Hillsborough North, LLC, on behalf of the City after the effective date of this Ordinance.

SECTION 3 SEVERABILITY

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

SECTION 4 EFFECTIVE DATE

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

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on April 14, 2026 and the second reading occurred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember seconded by Councilmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this April 28, 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

04/28/2026 Item No.7.

Ordinance No. 1363

ABSTAIN: Councilmember(s):

_______________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

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FOR THE BENEFIT OF THE CITY OF FOLSOM
PURSUANT TO GOVERNMENT CODE §6103

RECORDING REQUESTED BY CITY CLERK

WHEN RECORDED MAIL TO:

City Clerk
City of Folsom
50 Natoma Street
Folsom, CA 95630

(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

AMENDMENT NO. 2 TO FIRST AMENDED AND RESTATED TIER 1 DEVELOPMENT

AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY, LLC

This Amendment No. 2 to First Amended and Restated Tier 1 Development Agreement ("Amendment No. 2") is entered into this day of __, 202 6, by and between the City of Folsom ("City") and Alder Creek West Improvement Company, LLC, a California limited liability company ("Landowner"), pursuant to the authority of Sections 65864 through 65869.5 of the Government Code of California.

RECITALS

A. First Amended and Restated Tier 1 Development Agreement. City and Aerojet Rocketdyne, Inc, an Ohio corporation and Easton Development Company, LLC, a California limited liability company (collectively “Aerojet”) entered into that certain First Amended and Restated Tier 1 Development Agreement Relative to the Folsom South Specific Plan recorded on July 15, 2014, in the Official Records of the County Recorder of Sacramento County in Book 20140715 at Page 0552 (the " Development Agreement ").

B. Assignment to and Assumption by Hillsborough North, LLC. Aerojet assigned its interest in the Development Agreement to Hillsborough North, LLC, a Delaware limited liability company (“Hillsborough”) pursuant to that certain Assignment and Assumption Agreement Relative to the Folsom Specific Plan Amended and Restated Tier 1 Development Agreement recorded on May 29, 2015 in the Official Records of the County Recorder of Sacramento County in Book 20150529 at Page 1410.

C. Amendment No. 1 to First Amended and Restated Tier 1 Development Agreement . City and Hillsborough entered into that certain Amendment No. 1 to First Amended and Restated Tier 1 Development Agreement Relative to the Folsom South Specific Plan recorded on July 11, 2017, in the Official Records of the County Recorder of Sacramento County as Document No. 201707110164 (the “First Amendment”). The Original Development Agreement and the First Amendment are hereinafter referred to collectively as the "Development Agreement.”

D. Assignment to and Assumption by Fiddle Leaf Investors, LLC. Hillsborough assigned its interest in the Development Agreement to Fiddle Leaf Investors, LLC, a California limited liability company (“Fiddle Leaf”) pursuant to that certain Assignment and Assumption Agreement Relative to the First Amended and Restated Tier 1 Development Agreement recorded on November 25, 2024 in the Official Records of the County Recorder of Sacramento County as Document No. 202411250781.

04/28/2026 Item No.7.

E. Assignment to and Assumption by Landowner . Fiddle Leaf assigned its interest in the Development Agreement to Landowner pursuant to that certain Assignment and Assumption Agreement Relative to the First Amended and Restated Tier 1 Development Agreement recorded on November 25, 2024 in the Official Records of the County Recorder of Sacramento County as Document No. 202411250783.

F. Property. This Amendment No. 2 affects certain portion of the Property (as defined in the Development Agreement), which portions of the Property are described in Exhibit “A” to this Amendment No. 2 (“Amendment No. 2 Property”).

G. Purpose of Amendment No. 2. The purpose of this Amendment No. 2 is to relocate the Alternate Site (as defined in the Development Agreement) by replacing Exhibit 2.2.3.2 of the Development Agreement.

H. Consistency with General Plan and Specific Plan . Having duly examined and considered this Amendment No. 2, the City finds and declares that this Amendment No. 2 is consistent with the General Plan and the Specific Plan, as amended.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, promises, and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto do hereby agree to amend the Development Agreement as follows:

1. Amendment of Development Agreement. Exhibit 2.2.3.2 of the Development Agreement is hereby deleted and replaced with Exhibit “B” to this Amendment No. 2.

2. Effect of Amendment . This Amendment No. 2 amends, but does not replace or supersede, the Development Agreement . Except as modified hereby, all other terms and provisions of the Development Agreement shall remain in full force and effect.

3. Form of Amendment; Execution in Counterparts. This Amendment No. 2 is executed in duplicate originals, each of which is deemed to be an original, and may be executed in counterparts.

[Remainder of Page Intentionally Left Blank; Signatures Follow on Next Page]

04/28/2026 Item No.7.

IN WITNESS WHEREOF, the City of Folsom has authorized the execution of this Amendment No. 2 in duplicate by its Mayor and attested to by the City Clerk under the authority of Ordinance No . _____________ adopted by the City Council on _____________.

CITY:

CITY OF FOLSOM
a municipal corporation

By:______________________________
Justin Raithel
Mayor

APPROVED AS TO CONTENT;

By:______________________________
Bryan Whitemyer
City Manager

APPROVED AS TO FORM;

By:______________________________
Sari Dierking
Interim City Attorney

ATTEST:

By:______________________________
Christa Freemantle
City Clerk

LANDOWNER:

ALDER CREEK WEST IMPROVEMENT COMPANY, LLC,
a California limited liability company

By:______________________________
William B. Bunce
President

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EXHIBIT A

Amendment No. 2 Property

[See Attached]

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27238
03/12/2026
MW

EXHIBIT “A-1”

DESCRIPTION OF PROPERTY

ALDER CREEK WEST IMPROVEMENT COMPANY, LLC

All that real property situated in the City of Folsom, County of Sacramento, State of California and located within Sections 18 and 19, Township 9 North, Range 8 East, Mount Diablo Meridian, and more particularly described as follows:

Parcel 4 as shown on that certain Parcel Map titled “PN 14 -329 Parcel Map” filed for record on May 28, 2015, in Book 223 of Parcel Maps, at Page 5, Sacramento County Records.

Containing 99.223 acres of land, more or less.

APN: 072-0060-0093

TOGETHER WITH:

Resultant Parcel 3A as described in that certain Lot Line Adjustment Certificate of Compliance recorded on May 30, 2019, as Document Number 201905301372, Official Records of Sacramento County.

Excepting therefrom the Lands of the City of Folsom as described in that certain Grant Deed recorded as Document Number 201908080993, Official Records of Sacramento County.

Containing 263.615 acres of land, more or less.

APN: 072-0060-098

See "Exhibit A-1" plat to accompany description attached hereto and made a part hereof.

This legal description was prepared by me or under my supervision pursuant to Section 8729 (2) of the Professional Land Surveyors Act.

Pedro Jarquin, PLS 8268
License Expiration Date: 12-31-2027

Date: _______________

Description prepared by:

MACKAY & SOMPS CIVIL ENGINEERS, INC.
1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678 P:\27238\SRV\Mapping\Desc\ACW LEGAL DESCRIPTIONS\072-0060-093+098 Desc.docx

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IF A DISCREPANCY EXISTS BETWEEN THIS EXHIBIT AND THE ASSOCIATED DESCRIPTION,THE DESCRIPTION HOLDS. THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONLY.JOB NO.DATESCALEDRAWN BY1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678(916) 773-1189 N
ROYEVRUSDNALDESNECILSTATEOFCALIFORNIANo. 8268PEDRO JARQUIN SHEET 1 OF 1
MW1"= 800'03/12/202627238
EXHIBIT "A-2"ALDER CREEK WESTAPNS: 072-0060-093, 072-0060-098CITY OF FOLSOMCOUNTY OF SACRAMENTOSTATE OF CALIFORNIAIMPROVEMENT COMPANY, LLC PARCEL 4223 PM 5APN: 072-0060-093
PORTION OF SECTIONS 18&19, T. 9 N., R. 7 E., M.D.M.

PARCEL 1A236 PM 10RESULTANT PARCEL 3ADN 201905301372APN: 072-0060-098

WHITE ROCK ROAD

MANGINI PARKWAYOAK AVE PKWY
CITY OF FOLSOMDN 201908080993
PARCEL 1A236 PM 10
ALDER CREEK WESTIMPROVEMENT COMPANY, LLCDN 202411250778 PARCEL 4224 PM 14
PARCEL 7219 PM 9
PARCEL 1223 PM 5
PARCEL 2223 PM 5LEGENDDOCUMENT NUMBERDNPARCEL MAPPM

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EXHIBIT B

Alternate Site
Community Park West

[See Attached]

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WHITE ROCK ROAD

PRAIRIE CITY ROAD

OAK AVENUE PARKWAY

MANGINI PARKWAY

HAVEN PARKWAY

ALDER CREEKPARKWAY
HIGHWAY 50
APPROVEDCOMMUNITY PARK WEST SITEFPASP (AUGUST 2024)APPROX. 48.1 ACRES ALTERNATECOMMUNITY PARK WEST SITEAPPROX. 26.6 ACRES
ALTERNATECOMMUNITY PARK WEST SITEAPPROX. 31.4 ACRES(1)
NOTES:(1)PARCEL 1 SHALL BE USED TOSATISFY A PORTION OF THE CITY OFFOLSOM’S PARKLAND DEDICATIONREQUIREMENTS AS AN ALTERNATELOCATION FOR COMMUNITY PARK WEST;HOWEVER, UP TO 9.9 ACRES IS RESERVEDFOR PRIVATE DEVELOPMENT CONSISTENTWITH THE FOLSOM PLAN AREA SPECIFICPLAN. FINAL PARCEL CONFIGURATION TOBE DETERMINED IN CONJUNCTION WITHANY DEVELOPMENT APPLICATION FORPARCEL 1, SUBJECT TO CITY APPROVAL.

NORTH0 1500750EXHIBIT 2.2.3.2 (Amended)ALTERNATIVE SITECOMMUNITY PARK WEST

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Attachment 2

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Ordinance No. 1364

ORDINANCE NO. 1364

AN UNCODIFIED ORDINANCE OF THE CITY OF FOLSOM APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED TIER 1

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY,

LLC, WITH RESPECT TO PROPERTY PREVIOUSLY OWNED BY PRAIRIE CITY

COMMERCIAL PROPERTIES, LLC

WHEREAS, a Final Environmental Impact Report/Environmental Impact Statement for the Folsom Plan Area Specific Plan was prepared and certified by the City Council on June 11, 2011, and the Sacramento Local Agency Formation Commission approved the City’s annexation of the Folsom Plan Area on January 18, 2012; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869.5 of the Government Code, the City Council, following a duly noticed public hearing on June 28, 2011, approved the Tier 1 Development Agreement relative to the Folsom South Specific Plan (Tier 1 DA) for the development of the Folsom Plan Area by adopting Ordinance No. 1149 on July 12, 2011; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869. 5 of the Government Code, the City Council, following a duly noticed public hearing on May 27, 2014, approved the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC relative to the Folsom South Specific Plan (ARDA) by adopting Ordinance No. 1207 on June 10, 2014; and
WHEREAS, the ARDA includes a requirement for the landowners to designate an Alternate Site to be used in the event that the property designated in the Folsom Plan Area Specific Plan as Community Park West is unavailable for use as a park site when specified triggers are hit; and

WHEREAS, Alder Creek West Improvement Company, LLC is the landowner and successor in interest to Aerojet Rocketdyne, Inc. and Easton Development Company, LLC for the property which is the subject of this Ordinance; and

WHEREAS, the proposed Toll Brothers at Alder Creek project consists of the development of a 1,422-unit residential community on 464 acres located within the Folsom Plan Area, which includes the land currently identified in the ARDA as the Alternate Park Site; and

WHEREAS, the City, the landowner, and the developer of the Toll Brothers at Alder Creek project desire to amend the ARDA in order to relocate the designated Alternate Site for Community Park West, in order for development of the project to proceed; and

WHEREAS, the Planning Commission, at its regular meeting on March 18, 2026, considered Amendment No. 2 to the First Amended and Restated Tier 1 Development

04/28/2026 Item No.7.

Ordinance No. 1364

Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLCwith respect to property previously owned by Prairie City Commercial Properties, LLC, relative to the Alternate Site for Community Park West at a duly noticed public hearing as prescribed by law, and recommended that the City Council approve said Amendment No. 2; and

WHEREAS, all notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

NOW, THEREFORE, the City Council of the City of Folsom hereby does ordain as follows:

SECTION 1 FINDINGS

A. The above recitals are true and correct and incorporated herein by reference.

B. Amendment No .2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Prairie City Commercial Properties, LLC (Amendment No. 2) is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan and the Folsom Plan Area Specific Plan.

C. Amendment No. 2 is in conformity with public convenience, general welfare, and good land use practices.

D. Amendment No. 2 will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.

E. Amendment No. 2 will not adversely affect the orderly development of property or the preservation of property values.

F. Amendment No. 2 has been prepared in accordance with, and is consistent with, Government Code Sections 65864 through 65869.5, and City Council Resolution No. 2370.

G. All notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

04/28/2026 Item No.7.

Ordinance No. 1364

H. Pursuant to the applicable Amended and Restated Development Agreement, a Specific Plan Amendment and accompanying environmental review are required before the proposed Alternate Park Site parcels can be developed for use as Community Park West.

I. Amendment No. 2 is exempt from environmental review pursuant to CEQA Guidelines Section 15061(B)(3) because there is no possibility that the requested amendments may have a significant effect on the environment due to the fact that subsequent land use approvals and associated environmental review are required before the parcels at issue could be developed for use as Community Park West .

SECTION 2 APPROVAL OF AMENDMENT TO DEVELOPMENT

AGREEMENT

The Mayor is hereby authorized and directed to execute Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by Prairie City Commercial Properties, LLC, on behalf of the City after the effective date of this Ordinance.

SECTION 3 SEVERABILITY

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

SECTION 4 EFFECTIVE DATE

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

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on April 14, 2026 and the second reading occurred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember seconded by Councilmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this April 28, 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

04/28/2026 Item No.7.

Ordinance No. 1364

ABSTAIN: Councilmember(s):

_______________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

04/28/2026 Item No.7.

FOR THE BENEFIT OF THE CITY OF FOLSOM
PURSUANT TO GOVERNMENT CODE §6103

RECORDING REQUESTED BY CITY CLERK

WHEN RECORDED MAIL TO:

City Clerk
City of Folsom
50 Natoma Street
Folsom, CA 95630

(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

AMENDMENT NO. 2 TO FIRST AMENDED AND RESTATED TIER 1 DEVELOPMENT

AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY, LLC

This Amendment No. 2 to First Amended and Restated Tier 1 Development Agreement ("Amendment No. 2") is entered into this day of __, 202 6, by and between the City of Folsom ("City") and Alder Creek West Improvement Company, LLC, a California limited liability company ("Landowner"), pursuant to the authority of Sections 65864 through 65869.5 of the Government Code of California.

RECITALS

A. First Amended and Restated Tier 1 Development Agreement. City and Aerojet Rocketdyne, Inc, an Ohio corporation and Easton Development Company, LLC, a California limited liability company (collectively “Aerojet”) entered into that certain First Amended and Restated Tier 1 Development Agreement Relative to the Folsom South Specific Plan recorded on July 15, 2014, in the Official Records of the County Recorder of Sacramento County in Book 20140715 at Page 0552 (the "Original Development Agreement ").

B. Assignment to and Assumption by Prairie City Commercial Properties, LLC. Aerojet assigned its interest in the Original Development Agreement to Prairie City Commercial Properties, LLC, a Delaware limited liability company (“Prairie City”) pursuant to that certain Assignment and Assumption Agreement Relative to the Folsom Specific Plan Amended and Restated Tier 1 Development Agreement recorded on May 29, 2015 in the Official Records of the County Recorder of Sacramento County in Book 20150529 at Page 1407.

C. Amendment No. 1 to First Amended and Restated Tier 1 Development Agreement . City and Prairie City entered into that certain Amendment No. 1 to First Amended and Restated Tier 1 Development Agreement Relative to the Folsom South Specific Plan recorded on July 11, 2017, in the Official Records of the County Recorder of Sacramento County as Document No. 201707110162 (the “First Amendment”). The Original Development Agreement and the First Amendment are hereinafter referred to collectively as the "Development Agreement.”

D. Merger of Prairie City and Hillsborough. Pursuant to the certain Certificate of Merger filed with the State of Delaware Secretary of State on December 22, 2023, SR 20234316005, File Number 5747031, Prairie City and certain other entities merged, with the name of the surviving limited liability company being Hillsborough North, LLC (“Hillsborough”).

E. Assignment to and Assumption by Fiddle Leaf Investors, LLC . Hillsborough, as successor by merger to Prairie City, assigned its interest in the Development Agreement to Fiddle Leaf Investors, LLC, a

04/28/2026 Item No.7.

California limited liability company (“Fiddle Leaf”) , pursuant to that certain Assignment and Assumption Agreement Relative to the First Amended and Restated Tier 1 Development Agreement recorded on December 19, 2024 in the Official Records of the County Recorder of Sacramento County as Document No. 202412190609.

F. Assignment to and Assumption by Landowner . Fiddle Leaf assigned its interest in the Development Agreement to Landowner pursuant to that certain Assignment and Assumption Agreement Relative to the First Amended and Restated Tier 1 Development Agreement recorded on December 19, 2024 in the Official Records of the County Recorder of Sacramento County as Document No. 202412190611.

G. Property. This Amendment No. 2 affects certain portion of the Property (as defined in the Development Agreement), which portions of the Property are described in Exhibit “A” to this Amendment No. 2 (“Amendment No. 2 Property”).

H. Purpose of Amendment No. 2. The purpose of this Amendment No. 2 is to relocate the Alternate Site (as defined in the Development Agreement) by replacing Exhibit 2.2.3.2 of the Development Agreement.

I. Consistency with General Plan and Specific Plan . Having duly examined and considered this Amendment No. 2, the City finds and declares that this Amendment No. 2 is consistent with the General Plan and the Specific Plan, as amended.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, promises, and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto do hereby agree to amend the Development Agreement as follows:

1. Amendment of Development Agreement . Exhibit 2.2.3.2 of the Development Agreement is hereby deleted and replaced with Exhibit “B” to this Amendment No. 2.

2. Effect of Amendment . This Amendment No. 2 amends, but does not replace or supersede, the Development Agreement . Except as modified hereby, all other terms and provisions of the Development Agreement shall remain in full force and effect.

3. Form of Amendment; Execution in Counterparts. This Amendment No. 2 is executed in duplicate originals, each of which is deemed to be an original, and may be executed in counterparts.

[Remainder of Page Intentionally Left Blank; Signatures Follow on Next Page]

04/28/2026 Item No.7.

IN WITNESS WHEREOF, the City of Folsom has authorized the execution of this Amendment No. 2 in duplicate by its Mayor and attested to by the City Clerk under the authority of Ordinance No . _____________ adopted by the City Council on _____________.

CITY:

CITY OF FOLSOM
a municipal corporation

By:______________________________
Justin Raithel
Mayor

APPROVED AS TO CONTENT;

By:______________________________
Bryan Whitemyer
City Manager

APPROVED AS TO FORM;

By:______________________________
Sari Dierking
Interim City Attorney

ATTEST:

By:______________________________
Christa Freemantle
City Clerk

LANDOWNER:

ALDER CREEK WEST IMPROVEMENT COMPANY, LLC,
a California limited liability company

By:______________________________
William B. Bunce
President

04/28/2026 Item No.7.

EXHIBIT A

Amendment No. 2 Property

[See Attached]

04/28/2026 Item No.7.
27238
03/12/2026
MW

EXHIBIT “A-1”

DESCRIPTION OF PROPERTY

ALDER CREEK WEST IMPROVEMENT COMPANY, LLC

All that real property situated in the City of Folsom, County of Sacramento, State of California and located within Sections 12 and 13, Township 9 North, Range 8 East, Mount Diablo Meridian, and more particularly described as follows:

Resultant Parcel 1B as described in that certain Lot Line Adjustment Grant Deed recorded on March 28, 2014, in Book 20140328, at Page 0846, Official Records of Sacramento County.

Containing 73.782 acres of land, more or less.

APN: 072-0231-140

See "Exhibit A-1" plat to accompany description attached hereto and made a part hereof.

This legal description was prepared by me or under my supervision pursuant to Section 8729 (2) of the Professional Land Surveyors Act.

Pedro Jarquin, PLS 8268
License Expiration Date: 12-31-2027

Date: _______________

Description prepared by:

MACKAY & SOMPS CIVIL ENGINEERS, INC.
1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678 P:\27238\SRV\Mapping\Desc\ACW LEGAL DESCRIPTIONS\072-0231-140 Desc.docx

04/28/2026 Item No.7.

IF A DISCREPANCY EXISTS BETWEEN THIS EXHIBIT AND THE ASSOCIATED DESCRIPTION,THE DESCRIPTION HOLDS. THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONLY.JOB NO.DATESCALEDRAWN BY1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678(916) 773-1189 N ROYEVRUSDNALDESNECILSTATEOFCALIFORNIANo. 8268PEDRO JARQUIN SHEET 1 OF 1 MW1"= 500'03/12/202627238
EXHIBIT "A-2"ALDER CREEK WESTAPN: 072-0231-140CITY OF FOLSOMCOUNTY OF SACRAMENTOSTATE OF CALIFORNIA

LEGENDBOOK OF MAPSBM

IMPROVEMENT COMPANY, LLC
US HIGHWAY 50

OFFICIAL RECORDS OFOR
RESULTANT PARCEL 1B20140328 OR 0846APN: 072-0231-140

PRAIRIE CITY ROAD
PORTION OF SECTIONS 12&13, T. 9 N., R. 7 E., M.D.M.

PARCEL 6219 PM 9
PARCEL 7219 PM 9LOT 10426 BM 2

PARCEL MAPPMSACRAMENTO COUNTY

04/28/2026 Item No.7.

EXHIBIT B

Alternate Site
Community Park West

[See Attached]

04/28/2026 Item No.7.

WHITE ROCK ROAD

PRAIRIE CITY ROAD

OAK AVENUE PARKWAY

MANGINI PARKWAY

HAVEN PARKWAY

ALDER CREEKPARKWAY
HIGHWAY 50
APPROVEDCOMMUNITY PARK WEST SITEFPASP (AUGUST 2024)APPROX. 48.1 ACRES ALTERNATECOMMUNITY PARK WEST SITEAPPROX. 26.6 ACRES
ALTERNATECOMMUNITY PARK WEST SITEAPPROX. 31.4 ACRES(1)
NOTES:(1)PARCEL 1 SHALL BE USED TOSATISFY A PORTION OF THE CITY OFFOLSOM’S PARKLAND DEDICATIONREQUIREMENTS AS AN ALTERNATELOCATION FOR COMMUNITY PARK WEST;HOWEVER, UP TO 9.9 ACRES IS RESERVEDFOR PRIVATE DEVELOPMENT CONSISTENTWITH THE FOLSOM PLAN AREA SPECIFICPLAN. FINAL PARCEL CONFIGURATION TOBE DETERMINED IN CONJUNCTION WITHANY DEVELOPMENT APPLICATION FORPARCEL 1, SUBJECT TO CITY APPROVAL.

NORTH0 1500750EXHIBIT 2.2.3.2 (Amended)ALTERNATIVE SITECOMMUNITY PARK WEST

04/28/2026 Item No.7.

Attachment 3

04/28/2026 Item No.7.

Ordinance No. 1365

ORDINANCE NO. 1365

AN UNCODIFIED ORDINANCE OF THE CITY OF FOLSOM APPROVING AMENDMENT NO. 2 TO THE FIRST AMENDED AND RESTATED TIER 1

DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY,

LLC, WITH RESPECT TO PROPERTY PREVIOUSLY OWNED BY WEST

HILLSBOROUGH INVESTORS, LLC

WHEREAS, a Final Environmental Impact Report/Environmental Impact Statement for the Folsom Plan Area Specific Plan was prepared and certified by the City Council on June 11, 2011, and the Sacramento Local Agency Formation Commission approved the City’s annexation of the Folsom Plan Area on January 18, 2012; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869.5 of the Government Code, the City Council, following a duly noticed public hearing on June 28, 2011, approved the Tier 1 Development Agreement relative to the Folsom South Specific Plan (Tier 1 DA) for the development of the Folsom Plan Area by adopting Ordinance No. 1149 on July 12, 2011; and

WHEREAS, pursuant to the authority in Sections 65864 through 65869. 5 of the Government Code, the City Council, following a duly noticed public hearing on May 27, 2014, approved the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Aerojet Rocketdyne, Inc. and Easton Development Company, LLC relative to the Folsom South Specific Plan (ARDA) by adopting Ordinance No. 1207 on June 10, 2014; and
WHEREAS, the ARDA includes a requirement for the landowners to designate an Alternate Site to be used in the event that the property designated in the Folsom Plan Area Specific Plan as Community Park West is unavailable for use as a park site when specified triggers are hit; and

WHEREAS, Alder Creek West Improvement Company, LLC is the landowner and successor in interest to Aerojet Rocketdyne, Inc. and Easton Development Company, LLC for the property which is the subject of this Ordinance; and

WHEREAS, the proposed Toll Brothers at Alder Creek project consists of the development of a 1,422-unit residential community on 464 acres located within the Folsom Plan Area, which includes the land currently identified in the ARDA as the Alternate Park Site; and

WHEREAS, the City, the landowner, and the developer of the Toll Brothers at Alder Creek project desire to amend the ARDA in order to relocate the designated Alternate Site for Community Park West, in order for development of the project to proceed; and

WHEREAS, the Planning Commission, at its regular meeting on March 18, 2026, considered Amendment No. 2 to the First Amended and Restated Tier 1 Development

04/28/2026 Item No.7.

Ordinance No. 1365

Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by West Hillsborough Investors, LLC, relative to the Alternate Site for Community Park West at a duly noticed public hearing as prescribed by law, and recommended that the City Council approve said Amendment No. 2; and

WHEREAS, all notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

NOW, THEREFORE, the City Council of the City of Folsom hereby does ordain as follows:

SECTION 1 FINDINGS

A. The above recitals are true and correct and incorporated herein by reference.

B. Amendment No .2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by West Hillsborough Investors, LLC (Amendment No. 2) is consistent with the objectives, policies, general land uses and programs specified in the City’s General Plan and the Folsom Plan Area Specific Plan.

C. Amendment No. 2 is in conformity with public convenience, general welfare, and good land use practices.

D. Amendment No. 2 will not be detrimental to the health, safety, and general welfare of persons residing in the immediate area, nor be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.

E. Amendment No. 2 will not adversely affect the orderly development of property or the preservation of property values.

F. Amendment No. 2 has been prepared in accordance with, and is consistent with, Government Code Sections 65864 through 65869.5, and City Council Resolution No. 2370.

G. All notices have been given at the time and in the manner required by State Law and the Folsom Municipal Code.

H. Pursuant to the applicable Amended and Restated Development Agreements, a Specific Plan Amendment and accompanying environmental review are required before the proposed Alternate Park Site parcels can be developed for use as Community Park West.

04/28/2026 Item No.7.

Ordinance No. 1365

I. Amendment No. 2 is exempt from environmental review pursuant to CEQA Guidelines Section 15061(B)(3) because there is no possibility that the requested amendments may have a significant effect on the environment due to the fact that subsequent land use approvals and associated environmental review are required before the parcels at issue could be developed for use as Community Park West.

SECTION 2 APPROVAL OF AMENDMENT TO DEVELOPMENT

AGREEMENT

The Mayor is hereby authorized and directed to execute Amendment No. 2 to the First Amended and Restated Tier 1 Development Agreement by and between the City of Folsom and Alder Creek West Improvement Company, LLC with respect to property previously owned by West Hillsborough Investors, LLC, on behalf of the City after the effective date of this Ordinance.

SECTION 3 SEVERABILITY

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

SECTION 4 EFFECTIVE DATE

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

This ordinance was introduced and the title thereof read at the regular meeting of the City Council on April 14, 2026 and the second reading occurred at the regular meeting of the City Council on April 28, 2026.

On a motion by Councilmember seconded by Councilmember , the foregoing ordinance was passed and adopted by the City Council of the City of Folsom, State of California, this -April 28, 2028, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

04/28/2026 Item No.7.

Ordinance No. 1365

_______________________________________
Justin Raithel, MAYOR

ATTEST:

______________________________
Christa Freemantle, CITY CLERK

04/28/2026 Item No.7.

FOR THE BENEFIT OF THE CITY OF FOLSOM
PURSUANT TO GOVERNMENT CODE §6103

RECORDING REQUESTED BY CITY CLERK

WHEN RECORDED MAIL TO:

City Clerk
City of Folsom
50 Natoma Street
Folsom, CA 95630

(SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE)

AMENDMENT NO. 2 TO FIRST AMENDED AND RESTATED TIER 1 DEVELOPMENT

AGREEMENT BY AND BETWEEN

THE CITY OF FOLSOM AND ALDER CREEK WEST IMPROVEMENT COMPANY, LLC

This Amendment No. 2 to First Amended and Restated Tier 1 Development Agreement ("Amendment No. 2") is entered into this day of __, 202 6, by and between the City of Folsom ("City") and Alder Creek West Improvement Company, LLC, a California limited liability company ("Landowner"), pursuant to the authority of Sections 65864 through 65869.5 of the Government Code of California.

RECITALS

A. First Amended and Restated Tier 1 Development Agreement. City and Aerojet Rocketdyne, Inc, an Ohio corporation and Easton Development Company, LLC, a California limited liability company (collectively “Aerojet”) entered into that certain First Amended and Restated Tier 1 Development Agreement Relative to the Folsom South Specific Plan recorded on July 15, 2014, in the Official Records of the County Recorder of Sacramento County in Book 20140715 at Page 0552 (the "Original Development Agreement ").

B. Assignment to and Assumption by West Hillsborough Investors, LLC. Aerojet assigned its interest in the Original Development Agreement to West Hillsborough Investors, LLC, a Delaware limited liability company (“West Hillsborough”) pursuant to that certain Assignment and Assumption Agreement Relative to the Folsom Specific Plan Amended and Restated Tier 1 Development Agreement recorded on May 29, 2015 in the Official Records of the County Recorder of Sacramento County in Book 20150529 at Page 1408.

C. Amendment No. 1 to First Amended and Restated Tier 1 Development Agreement . City and West Hillsborough entered into that certain Amendment No. 1 to First Amended and Restated Tier 1 Development Agreement Relative to the Folsom South Specific Plan recorded on July 11, 2017, in the Official Records of the County Recorder of Sacramento County as Document No. 201707110165 (the “First Amendment”). The Original Development Agreement and the First Amendment are hereinafter referred to collectively as the "Development Agreement.”

D. Merger of West Hillsborough and Hillsborough North, LLC. Pursuant to the certain Certificate of Merger filed with the State of Delaware Secretary of State on December 22, 2023, SR 202 34316005, File Number 5747031, West Hillsborough and certain other entities merged, with the name of the surviving limited liability company being Hillsborough North, LLC (“Hillsborough”).

E. Assignment to and Assumption by Fiddle Leaf Investors, LLC . Hillsborough, as successor by merger to West Hillsborough, assigned its interest in the Development Agreement to Fiddle Leaf Investors, LLC,

04/28/2026 Item No.7.
a California limited liability company (“Fiddle Leaf”) , pursuant to that certain Assignment and Assumption Agreement Relative to the First Amended and Restated Tier 1 Development Agreement recorded on December 19, 2024 in the Official Records of the County Recorder of Sacramento County as Document No. 202412190609.

F. Assignment to and Assumption by Landowner . Fiddle Leaf assigned its interest in the Development Agreement to Landowner pursuant to that certain Assignment and Assumption Agreement Relative to the First Amended and Restated Tier 1 Development Agreement recorded on December 19, 2024 in the Official Records of the County Recorder of Sacramento County as Document No. 202412190611.

G. Property. This Amendment No. 2 affects certain portion of the Property (as defined in the Development Agreement), which portions of the Property are described in Exhibit “A” to this Amendment No. 2 (“Amendment No. 2 Property”).

H. Purpose of Amendment No. 2. The purpose of this Amendment No. 2 is to relocate the Alternate Site (as defined in the Development Agreement) by replacing Exhibit 2.2.3.2 of the Development Agreement.

I. Consistency with General Plan and Specific Plan . Having duly examined and considered this Amendment No. 2, the City finds and declares that this Amendment No. 2 is consistent with the General Plan and the Specific Plan, as amended.

NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants, promises, and agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the parties hereto do hereby agree to amend the Development Agreement as follows:

1. Amendment of Development Agreement . Exhibit 2.2.3.2 of the Development Agreement is hereby deleted and replaced with Exhibit “B” to this Amendment No. 2.

2. Effect of Amendment . This Amendment No. 2 amends, but does not replace or supersede, the Development Agreement . Except as modified hereby, all other terms and provisions of the Development Agreement shall remain in full force and effect.

3. Form of Amendment; Execution in Counterparts. This Amendment No. 2 is executed in duplicate originals, each of which is deemed to be an original, and may be executed in counterparts.

[Remainder of Page Intentionally Left Blank; Signatures Follow on Next Page]

04/28/2026 Item No.7.

IN WITNESS WHEREOF, the City of Folsom has authorized the execution of this Amendment No. 2 in duplicate by its Mayor and attested to by the City Clerk under the authority of Ordinance No . _____________ adopted by the City Council on _____________.

CITY:

CITY OF FOLSOM
a municipal corporation

By:______________________________
Justin Raithel
Mayor

APPROVED AS TO CONTENT;

By:______________________________
Bryan Whitemyer
City Manager

APPROVED AS TO FORM;

By:______________________________
Sari Dierking
Interim City Attorney

ATTEST:

By:______________________________
Christa Freemantle
City Clerk

LANDOWNER:

ALDER CREEK WEST IMPROVEMENT COMPANY, LLC,
a California limited liability company

By:______________________________
William B. Bunce
President

04/28/2026 Item No.7.

EXHIBIT A

Amendment No. 2 Property

[See Attached]

04/28/2026 Item No.7.
27238
03/12/2026
MW

EXHIBIT “A-1”

DESCRIPTION OF PROPERTY

ALDER CREEK WEST IMPROVEMENT COMPANY, LLC

All that real property situated in the City of Folsom, County of Sacramento, State of California and located within Section 19, Township 9 North, Range 8 East, Mount Diablo Meridian, and more particularly described as follows:

Parcel 2 as shown on that certain Parcel Map titled “PN 14 -329 Parcel Map” filed for record on May 28, 2015, in Book 223 of Parcel Maps, at Page 5, Sacramento County Records.

Excepting therefrom the Lands of the City of Folsom as described in that certain Grant Deed recorded as Document Number 201908080994, Official Records of Sacramento County.

Containing 41.806 acres of land, more or less.

APN: 072-0060-091

See "Exhibit A-1" plat to accompany description attached hereto and made a part hereof.

This legal description was prepared by me or under my supervision pursuant to Section 8729 (2) of the Professional Land Surveyors Act.

Pedro Jarquin, PLS 8268
License Expiration Date: 12-31-2027

Date: _______________

Description prepared by:

MACKAY & SOMPS CIVIL ENGINEERS, INC.
1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678 P:\27238\SRV\Mapping\Desc\ACW LEGAL DESCRIPTIONS\072-0060-091 Desc.docx

04/28/2026 Item No.7.

IF A DISCREPANCY EXISTS BETWEEN THIS EXHIBIT AND THE ASSOCIATED DESCRIPTION,THE DESCRIPTION HOLDS. THIS EXHIBIT IS FOR GRAPHIC PURPOSES ONLY.JOB NO.DATESCALEDRAWN BY1025 Creekside Ridge Drive, Suite 150, Roseville, CA 95678(916) 773-1189 N ROYEVRUSDNALDESNECILSTATEOFCALIFORNIANo. 8268PEDRO JARQUIN SHEET 1 OF 1 MW1"= 400'03/12/202627238
EXHIBIT "A-2"ALDER CREEK WESTAPN: 072-0060-091CITY OF FOLSOMCOUNTY OF SACRAMENTOSTATE OF CALIFORNIA

LEGENDDOCUMENT NUMBERDN

IMPROVEMENT COMPANY, LLC
WHITE ROCK ROADCITY OF FOLSOMDN 201908080994PARCEL MAPPM PORTION OFPARCEL 2223 PM 5APN: 072-0060-091
PARCEL 1223 PM 5

PRAIRIE CITY ROAD
PORTION OF SECTION 19, T. 9 N., R. 8 E., M.D.M.

04/28/2026 Item No.7.

EXHIBIT B

Alternate Site
Community Park West

[See Attached]

04/28/2026 Item No.7.

WHITE ROCK ROAD

PRAIRIE CITY ROAD

OAK AVENUE PARKWAY

MANGINI PARKWAY

HAVEN PARKWAY

ALDER CREEKPARKWAY
HIGHWAY 50
APPROVEDCOMMUNITY PARK WEST SITEFPASP (AUGUST 2024)APPROX. 48.1 ACRES ALTERNATECOMMUNITY PARK WEST SITEAPPROX. 26.6 ACRES
ALTERNATECOMMUNITY PARK WEST SITEAPPROX. 31.4 ACRES(1)
NOTES:(1)PARCEL 1 SHALL BE USED TOSATISFY A PORTION OF THE CITY OFFOLSOM’S PARKLAND DEDICATIONREQUIREMENTS AS AN ALTERNATELOCATION FOR COMMUNITY PARK WEST;HOWEVER, UP TO 9.9 ACRES IS RESERVEDFOR PRIVATE DEVELOPMENT CONSISTENTWITH THE FOLSOM PLAN AREA SPECIFICPLAN. FINAL PARCEL CONFIGURATION TOBE DETERMINED IN CONJUNCTION WITHANY DEVELOPMENT APPLICATION FORPARCEL 1, SUBJECT TO CITY APPROVAL.

NORTH0 1500750EXHIBIT 2.2.3.2 (Amended)ALTERNATIVE SITECOMMUNITY PARK WEST

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Folsom City Council
Staff Report

1 MEETING DATE:

4/28/2026
AGENDA SECTION:

Consent Calendar
SUBJECT: Resolution No. 11594 - A Resolution Authorizing the City Manager to Seek Grant Funds from the United States Bureau of Reclamation for WaterSMART Small -Scale Water Efficiency Projects for $100,000

FROM: Utilities Department

RECOMMENDATION / CITY COUNCIL ACTION

The Utilities Department recommends the City Council pass and adopt Resolution No. 11594 - A Resolution Authorizing the City Manager to Seek Grant Funds from the United States Bureau of Reclamation for WaterSMART Small-Scale Water Efficiency Projects for $100,000.

BACKGROUND / ISSUE

The United States Department of the Interior’s WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department’s priorities.

Through WaterSMART, the Bureau of Reclamation (Reclamation) leverages Federal and non - Federal funding to work cooperatively with states, tribes, and local entities as they plan for and implement actions to increase water supply reliability through investments in existing infrastructure and attention to local water conflicts. Reclamation issued Funding Opportunity Number R25AS00279 to make funding available for small-scale water efficiency projects.

The goal of the WaterSMART Small -Scale Water Efficiency Projects NOFO is to invite eligible entities to apply for funding to implement projects that conserve water and enhance water supply reliability in water delivery systems. It encourages the implementa tion of small- scale projects identified through prior planning efforts, such as canal lining, water delivery automation, flow measurement, and other projects that increase water efficiency. The WaterSMART Small -Scale Water Efficiency Projects NOFO prioritizes projects that are supported by an existing water

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2 management and conservation plan, System Optimization Review, or other planning effort led by the applicant.

The Utilities Department recommends the City Council pass and adopt Resolution No. 11594 - A Resolution Authorizing the City Manager to Seek Grant Funds from the United States Bureau of Reclamation for WaterSMART Small-Scale Water Efficiency Projects for $100,000.

POLICY / RULE

The City of Folsom’s financial policy requires that the City Council approve grant applications that require an ongoing commitment of resources or staff. No additional staff are required for the projects included within the grant application.

ANALYSIS

On April 14, 2026, City Council approved Resolution No.11586 for additional consulting services for the Water Conservation Needs Assessment to develop an irrigation tune -up program for the city. This program will provide residential and nonresidential customers with on- site irrigation system assessments and hands-on tune up services delivered by qualified landscape and irrigation professionals. The goal of this program is to reduce outdoor water use through system repairs, scheduling corrections, the instal lation of smart controllers and/or high- efficiency nozzles, and targeted customer education.

An Irrigation Tune-Up Program provides customers with a free landscape irrigation tune -up that can include a variety of measures and services including:
• General landscape and irrigation evaluation.
• Sprinkler head alignment – straighten tilted heads, adjust arcs and spray distances. • Nozzle replacement – swap clogged or mismatched nozzles with high-efficiency nozzles. • Pressure regulation – install or adjust pressure regulators to prevent misting. • Drip system tuning – flush lines, clean emitters, replace clogged or broken parts. • Controller programming/smart controller installation – update schedule or install new. • Leak detection & repair – fix broken pipes, seals, or fittings. • Sprinkler head replacement – swap out damaged or non-functional heads. • Valve repair/replacement if faulty.
• Wiring fixes for solenoids or controller connections.

By ensuring repairs and upgrades are completed by qualified contractors, the program will support customers in achieving measurable irrigation performance improvements, enabling more efficient watering, healthier landscapes, and sustained long-term water savings. Reclamation will prioritize projects that provide water savings by reducing outdoor water usage. These measures include turf removal, smart irrigation controllers and high- efficiency nozzles. These measures are typically promoted by water entities through rebates or direct -install pro grams, which are eligible for WaterSMART Grants funding. Projects include, but are not limited to:
• Removing turf
• Installation of drought tolerant landscaping
• Installing Smart irrigation controllers

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3 • Installing high-efficiency nozzles (e.g., sprinkler heads)

FINANCIAL IMPACT

To fund the proposed project, estimated at an overall cost of $ 250,000, the City desires to apply for a grant for up to $100,000 from Reclamation . The remaining $150,000 for the project will be funded from the Water Operating Fund (Fund 520). The minimum required cost-share for the City is 50%. The expected award date for the grant is late 202 6. Proposed project costs for the City’s $150,000 share will be requested in the Fiscal Year 2026-2027 budget. In addition, The Ferguson Group will write the grant proposal, perform the necessary outreach to Reclamation, and conduct a review of the necessary City documentation needed for the submittal of the grant application for up to $11,000 as part of their curr ent agreement with the City for Federal Advocacy Services.

Sufficient Funds are available in the Water Operating Fund (Fund 520) for this project and for the grant writing services of The Ferguson Group.

ENVIRONMENTAL REVIEW

This project is replacement and/or improvement of existing infrastructure with negligible or no expansion of use and therefore is categorically exempt from environmental review under the California Environmental Quality Act as noted in Title 14 – California Code of Regula tions, Chapter 3 – Guidelines for Implementation of the California Environmental Quality Act, Article 19 – Categorical Exemptions, Sections 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), and/or 15304 (Minor Alterations to Land).

ATTACHMENTS

1. Resolution No. 11594 - A Resolution Authorizing the City Manager to Seek Grant Funds from the United States Bureau of Reclamation for WaterSMART Small -Scale Water Efficiency Projects for $100,000.

2. Bureau of Reclamation Notice of Funding Opportunity for Small-Scale Water Efficiency Projects.

Submitted,

Marcus Yasutake, Director

UTILITIES DEPARTMENT

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Attachment 1

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Resolution No. 11594

RESOLUTION NO. 11594

A RESOLUTION AUTHORIZING THE CITY MANAGER TO SEEK GRANT FUNDS

FROM THE UNITED STATES BUREAU OF RECLAMATION FOR WATERSMART SMALL-SCALE WATER EFFICIENCY PROJECT FOR $100,000

WHEREAS, the City is eligible to receive up to $100,000 in federal grant funds through the U.S. Department of the Interior, Bureau of Reclamation WaterSMART Small- Scale Water Efficiency Projects for Fiscal Year 2027; and

WHEREAS, the City implements projects and programs that increase water efficiency ; and

WHEREAS, the Utilities Department worked with Water Systems Consulting, Inc. to complete a Water Conservation Needs Assessment; and

WHEREAS, the Water Conservation Needs Assessment identified an Irrigation Tune-Up Program that reduces outdoor water use through system repairs and the installation of smart controllers and/or high-efficiency nozzles; and

WHEREAS, the City desires to apply for $100,000 from Reclamation to improve water efficiency; and

WHEREAS, the City of Folsom will comply with federal statutes, regulations, policies, guidelines and requirements for application, acceptance and use of federal funds for these federally assisted projects; and

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Folsom authorizes the City Manager to seek grant funds from the United States Bureau of Reclamation for WaterSMART Small-Scale Water Efficiency Projects for $100,000.

PASSED AND ADOPTED this 28
th day of April 2026, by the following roll-call vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

___________________________________
Justin Raithel, MAYOR
ATTEST:

____________________________________
Christa Freemantle, CITY CLERK

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Attachment 2

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Bureau of Reclamation
Notice of Funding Opportunity
Small-Scale Water Efficiency Projects
Funding Opportunity Number
R25AS00279

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Table of Contents
BASIC INFORMATION .................................................................................................................1 ELIGIBILITY ..................................................................................................................................3 Cost Sharing Requirement ...........................................................................................................3 GET READY TO APPLY ...............................................................................................................4 Required System Registrations ....................................................................................................4 PROGRAM OVERVIEW ...............................................................................................................4 Program Goals ..............................................................................................................................5 Program Description ....................................................................................................................5 Legislative Authority ...................................................................................................................9 Type of Award .............................................................................................................................9 PREPARE YOUR APPLICATION ................................................................................................9 Application Content and Format ..................................................................................................9 Application Documents ................................................................................................................9 SUBMISSION REQUIREMENTS AND DEADLINES ..............................................................14 Address to Request Application Package ..................................................................................14 Submission Dates and Times .....................................................................................................15 Submission Instructions .............................................................................................................15 APPLICATION REVIEW INFORMATION ................................................................................16 Eligibility Review ......................................................................................................................16 Merit Review ..............................................................................................................................17 Review and Selection Process ....................................................................................................21 Risk Review ...............................................................................................................................22 AWARD NOTICES ......................................................................................................................22 POST AWARD REQUIREMENTS AND ADMINISTRATION ................................................23 Administration and National Policy Requirements ...................................................................23 Reporting ....................................................................................................................................25

BASIC INFORMATION
Announcement Type: Initial
Funding Opportunity Number: R25AS00279
Assistance Listing Number(s): 15.507

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Estimated Total Program Funding: $4,000,000
Expected Number of Awards: 50
Award Ceiling: $125,000
Award Floor: $1,000
A total of up to $125,000 in Federal funds may be awarded to an applicant. To be considered a small-scale project, total project costs cannot exceed $250,000. The budget proposal must include the cost of all equipment, materials and supplies, and labor or contractual costs to complete the installation of the project.

Construction Start Date Limitation - Proposed projects should not have an estimated construction start date that is prior to 12 months after the submission deadline.

Cost Sharing Required?
Yes

Closing Date Explanation
June 02, 2026 at 4:00 pm MDT
U.S. states and local governments may be required under Executive Order 12372, Intergovernmental Review of Federal Programs to submit their application to their State Single Point of Contact (SPOC) for review. For more information, see the Intergovernmental Review SPOC List.

Have Questions?
For questions regarding application and submission, contact the NOFO team at bor-sha- [email protected].

For questions regarding applicant and project eligibility or application content, contact the Program Coordinator, Nickie McCann, [email protected], 720-610-3480.

Please include the NOFO number R25AS00279 in the subject line of any email correspondence.

Executive Summary
Through WaterSMART, the Bureau of Reclamation (Reclamation) leverages Federal and non- Federal funding to work cooperatively with States, Tribes, and other entities as they plan for and implement actions to increase water supply and hydropower reliability. The WaterSMART Program demonstrably advances Trump administration priorities, such as those identified in Presidential Executive Order 14154 (January 20, 2025): Unleashing American Energy (E.O. 14154) and Secretarial Order 3418, and aligns with other priorities and requirements, such as those identified in Presidential Executive Order 14332 (August 7, 2025): Improving Oversight in Federal Grantmaking (E.O. 14332). The goal of the WaterSMART Small-Scale Water Efficiency
Projects NOFO is to invite eligible entities to apply for funding to implement projects that conserve water and enhance water supply reliability in water delivery systems. It encourages the implementation of small-scale projects identified through prior planning efforts, such as canal lining, water delivery automation, flow measurement, and other projects that increase water efficiency.

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ELIGIBILITY
Eligible Applicants
Others (see text field entitled "Additional Information on Eligibility" for clarification) Additional Information on Eligibility
Eligible Applicants - Applicants eligible to receive an award under this funding opportunity are described below.

Category A Applicants:
• States, Tribes, irrigation districts, and water districts; • State, regional, or local authorities, the members of which include one or more organizations with water or power delivery authority; and • Other organizations with water or power delivery authority.

Category A applicants must be located in the Western United States or Territories as identified in the Reclamation Act of June 17, 1902, as amended and supplemented; specifically: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, the U.S. Virgin Islands and Puerto Rico.

Category B Applicants:

Nonprofit conservation organizations that are acting in partnership with, and with the agreement of an entity described in Category A. Category B applicants should include with their application a letter from the Category A partner stating that the Category A partner:
• Is acting in partnership with the applicant;
• Agrees to the submittal and content of the application; and • Intends to participate in the project in some way, for example, by providing input, feedback, or other support for the project.

All Category B applicants must be located in the United States, or the specific Territories identified above.

Note: Partners do not necessarily need to contribute cost share funding.

Ineligible Applicants:

Those not eligible include, but are not limited to, the following entities:
• Federal Governmental entities
• Individuals
• Institutes of higher education

Cost Sharing Requirement
Cost Sharing Required?
Yes

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At the time of award, applicants must cost share at least 50 percent of the total project cost. For example, if the total project cost on the SF-424A is $250,000, the minimum amount of non- Federal cost share would be $125,000. All cost-share contributions must be from a non-Federal source and meet the requirements of 2 CFR 200.306.

Total Project Costs on the SF-424A $250,000 Minimum required cost share- 50% x 50% Applicant non-Federal cost share of project costs $125,000 Federal share $125,000 Note: This cost-sharing requirement is not applicable to American Samoa, Guam, the Northern Mariana Islands, or the Virgin Islands.[1]

[1] see Public Law 95-134, Title V, § 501 (1977) (codified at 48 U.S.C. 1469a), as amended by Public Law 96-205, Title V, § 601

GET READY TO APPLY
Required System Registrations
Unique Entity Identifier and SAM.gov Registration
Before applying, all applicants except individuals applying as a natural person must be registered in SAM.gov. During the SAM.gov registration the entity will obtain their Unique Entity Identifier (UEI).

The SAM.gov registration process can take several months. If your organization is not already registered in SAM.gov, begin the registration process as soon as possible.

To register in SAM.gov, go to the SAM.gov website and use the available resources to complete registration.
• Financial assistance registrants must review and certify compliance with the SAM.gov “Financial Assistance General Representations and Certifications”. • Already registered? You already have a Unique Entity ID. Before applying, check that your “Financial Assistance General Representations and Certifications” on SAM.gov is complete. Remember to renew your registration every year to keep it active while you have an award or application in progress. You can update your registration whenever you need, including during renewal.
• Need help? For additional information and contact information on the SAM.gov Help page.

Refer to Attachment – Submission Instructions & Tips.

GRANTS.GOV
This program accepts applications through Grants.gov so once you receive your UEI return to Grants.gov to register with Grants.gov. Please allow 30 days to register and set up a Workspace in Grants.gov. See Submission Instructions section below for additional details.

PROGRAM OVERVIEW

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Program Goals
• Through WaterSMART, Reclamation leverages Federal and non-Federal funding to work cooperatively with States, Tribes, and local entities as they plan for and implement actions to increase water supply reliability through investments in existing infrastructure and attention to local water conflicts.

The objective of the WaterSMART Small-Scale Water Efficiency Projects NOFO is to invite eligible applicants to leverage their money and resources by cost sharing with Reclamation on small-scale on-the-ground projects that seek to conserve, better manage, or otherwise make more efficient use of water supplies.

Program Description
The WaterSMART Small-Scale Water Efficiency Projects NOFO prioritizes projects that are supported by an existing water management and conservation plan, System Optimization Review, or other planning effort led by the applicant.

This prioritization will help ensure that projects funded under this NOFO are well thought out, have public support, and have been identified as the best way to address water management concerns.

Eligible Projects- Reclamation will provide funding for small-scale on-the-ground water efficiency projects which seek to implement work identified in an applicant’s water planning efforts. Eligible water conservation projects include:
• Canal Lining/Piping: Projects that line or pipe canals, resulting in conserved water.

Projects include, but are not limited to:
o Installing new proven lining materials or technology
o Converting open canals to pipeline
o Improving existing conveyance and delivery infrastructure

• Municipal Metering: Projects that install or upgrade meters including, but are not limited to, installing end-user water service meters, e.g., for a residential or commercial building unit. One-time purchase of software, equipment, and training for meter monitoring can be included.

• Irrigation Flow Measurement: Projects that improve measurement accuracy and result in reduced spills and over-deliveries to irrigators. Projects include, but are not limited to:
o Installing weirs, flumes, ramps, etc. in open channels o Installing meters in pressurized pipes

• Supervisory Control and Data Acquisition and Automation (SCADA): Projects that install SCADA and/or automation components that provide water savings when irrigation

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delivery system operational efficiency is improved to reduce spills, over-deliveries, and seepage. Projects include, but are not limited to:
o Installing SCADA components that allow for remote monitoring of irrigation delivery system conditions (flow rates, water elevations, controls devices openings, etc.)
o Installing automation components that allow for remote operation of delivery system control features (gates, valves, turnouts, etc.) Note: This NOFO is not intended for projects to replace existing SCADA systems.

• Landscape Irrigation Measures: Projects that provide water savings by reducing outdoor water usage. These measures include turf removal, smart irrigation controllers and high-efficiency nozzles. These measures are typically promoted by water entities through rebates or direct-install programs, which are eligible for WaterSMART Grants funding. Projects include, but are not limited to:
o Removing turf
o Installation of drought tolerant landscaping
o Installing Smart irrigation controllers
o Installing high-efficiency nozzles (e.g., sprinkler heads)

Other projects that are similar to those tasks listed above may be submitted for consideration and will be allowed to the extent that they are consistent with program authorization and goals.

Ineligible Projects - Projects that are not eligible for funding under this NOFO include, but are not limited to:
• Operations, Maintenance, and Replacement: In accordance with Section 9504 of Secure Water Act, projects that are considered normal operations, maintenance, and replacement (OM&R) are not eligible for funding under this NOFO. OM&R is described as system improvements that replace or repair existing infrastructure or function without providing increased efficiency or effectiveness of water distribution over the expected life of the improvement. Examples of ineligible OM&R projects include:
o Replacing malfunctioning components of an existing facility with the same components
o Improving an existing facility to operate as originally designed o Performing an activity on a recurring basis, even if that period is extended (e.g., a 10-year interval)
o Sealing expansion joints of concrete lining because the original sealer or the water stops have failed
o Sealing cracks in canals and/or pipes, including those sealant projects intended to improve facilities with inherent design and construction flaws o Replacing broken meters with new meters of the same type o Replacing leaky pipes with new pipes of the same type o Completion of one-time leak detection surveys

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• Water Reclamation, Reuse, and Desalination: Water reclamation, reuse, and desalination projects are not eligible for funding under this NOFO. Entities seeking funding for these types of projects should consider Reclamation’s Title XVI Water Reclamation and Reuse Program and Drought Response Program. See the WaterSMART Program webpage at www.usbr.gov\watersmart, for more information. • Indoor Appliances and Fixtures: Projects that support the installation or directly install indoor appliances or fixtures such as toilets, shower heads, and similar devices. • Injection Wells and Recharge Projects Primarily for Agricultural or Municipal Benefits: Injection wells and recharge projects primarily for agricultural or municipal benefits are not eligible. Applicants proposing such projects should consider applying for funding under the WaterSMART Drought Resiliency Projects NOFO. See the WaterSMART Drought Response Program webpage, www.usbr.gov/drought, for more information.
• Water Purchases: Applications to use Federal funding to purchase water are not eligible under this NOFO. Applicants seeking funding to purchase water in a drought emergency should request emergency drought assistance under Reclamation’s Drought Response Program. For more information about the requirements for receiving emergency drought assistance, please see www.usbr.gov/drought, fort more information. • Land Purchase and Easements: Applications to use Federal funding for the purchase of land, or with the primary purpose to secure a permanent easement, are not eligible under this NOFO.
• Building Construction: Applications to construct a building are not eligible for Federal funding under this NOFO (e.g., a building to house administrative staff or to promote public awareness of water conservation).
• Pilot Projects: Applications to conduct a pilot study to evaluate technical capability, economic feasibility, or viability for full-scale implementation or to test an unproven material or technology are not eligible for Federal funding under this NOFO. • On-Farm Irrigation Efficiency Improvements: Projects to conduct on-farm irrigation efficiency improvements are not eligible under this NOFO. Applicants interested in on- farm improvements should contact the U.S. Department of Agriculture and Natural Resources Conservation Service (NRCS) to investigate opportunities for Federal assistance. For more information on NRCS programs, including application deadlines and a description of available funding, please contact your local NRCS office or see www.nrcs.usda.gov for further contact information in your area. This NOFO does not preclude projects located on private land. Some project components may occur on private land, including on agricultural land, if they are part of a project with broader benefits to ecological value or watershed health.
• New Conveyance Infrastructure for Municipal or Agricultural Water Delivery: A project that proposes to construct new conveyance to allow for the distribution of additional or new water supplies for municipal or agricultural use is not eligible.

Applicants proposing such projects should consider applying for funding under the WaterSMART Drought Resiliency Projects NOFO. See the WaterSMART Drought Response Program webpage, www.usbr.gov/drought, for more information.

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• Training, Education, and Outreach Activities: General education activities, general stakeholder outreach, the implementation of citizen science training programs, or general staff training are not eligible under this NOFO.
• Projects Receiving Other Federal Financial Assistance: Proposals for projects or activities that are funded under another Federal Financial Assistance agreement are not eligible for funding under this NOFO.

Funding Amounts and Period of Performance - Applicants may request up to $125,000 in Federal funds for projects that can be completed within 2 years of award.

Construction Start Date Limitation - Proposed projects should not have an estimated construction start date that is prior to 12 months after the submission deadline.

Collaboration with the Natural Resources Conservation Service - Reclamation and NRCS collaborate to align program resources in areas of the West where mission areas overlap. This enhances the effectiveness of the agencies’ efforts to improve drought resiliency and water efficiency. Applicants under WaterSMART Grants receive additional consideration in the merit review process for delivery system improvements that complement on-farm improvements supported by NRCS, such as those funded through their Environmental Quality Incentives Program (EQIP). Contingent on available appropriations, NRCS provides dedicated EQIP funding to support on-farm water efficiency improvements by producers served by water delivery systems improved through a WaterSMART Grant.

Under this NOFO, consideration will be given under Merit Review Criterion A—Project Benefits for proposals that describe on-farm efficiency work that is currently being completed or is anticipated to be completed in collaboration with NRCS in the area (e.g., with a direct connection to the district’s water supply). Please contact your local NRCS office for more information regarding NRCS assistance. You can find the contact information for your state NRCS office on the USDA’s website, https://www.nrcs.usda.gov/conservation- basics/conservation-by-state/state-offices.

Multiple Applications - Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative.

No more than one award will be made to a Category A applicant per application period under this NOFO. Category B applicants may receive multiple awards for separate projects with different Category A partners.

Technical Assistance - If the proposed project is selected, Reclamation may be able to provide technical assistance or services after award on a fee for service basis. Before applying, discuss the potential for technical assistance with Reclamation and include these costs in the budget. For more information, contact the Program Coordinator identified in the Have Questions section above.

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For more information regarding WaterSMART Small-Scale Water Efficiency Projects, including previously funded projects and applications, visit https://www.usbr.gov/watersmart/swep.

Certified Local Governments are encouraged to prioritize projects in support of the celebration of America’s 250th birthday (American250). This may include, but is not limited to, preservation planning, interpretation, public engagement, and rehabilitation projects that recognize and honor the nation’s founding, history, and cultural heritage.

Legislative Authority
Section 9504(a) of the Secure Water Act, Subtitle F of Title IX of the Omnibus Public Land Management Act of 2009, Public Law (P.L.) 111-11 (42 United States Code [U.S.C.] 10364), as amended.

Type of Award
Projects will be funded through CA (Cooperative Agreement), G (Grant).

Recipient should expect the Federal agency to have substantial involvement in the project.

Awards will be made through a grant or cooperative agreement, depending on the project. If a cooperative agreement is awarded, the recipient should expect Reclamation to have substantial involvement in the project. This may include collaboration or participation in the management of the project and/or review, input, and approval during implementation of the project.

PREPARE YOUR APPLICATION
Application Content and Format
Pre-Application Requirements
Prior to applying, applicants should review presidential actions found at:
https://www.whitehouse.gov/presidential-actions/ and DOI Secretary’s Orders found at:
https://www.doi.gov/document-library/secretary-order. By applying in response to this Notice of Funding Opportunity, the applicant certifies awareness and compliance with all currently effective and applicable executive orders and secretary’s orders, including but not limited to the Executive Order titled Ending Radical and Wasteful Government DEI Programs and Preferencing as well as the Executive Order and Secretary’s order titled Restoring Truth and Sanity to American History. Applicants are responsible for ensuring their proposed activities are consistent with the intent and requirements of these directives.

Application Documents
Applicants must submit the following forms with their application as specified below.

Instructions for accessing and submitting application forms are provided in the Submission Instructions section of this document below. For instructions on completing form fields, see the form instructions on the Grants.gov Forms Repository.

Forms/Assurances/Certifications Submission Requirement
SF-424, Application for Federal Assistance Required from all applicants

04/28/2026 Item No.8.

Forms/Assurances/Certifications Submission Requirement
Note: For applicants requesting more than $100,000 in Federal funds, the Authorized Representative’s signature (or electronic equivalent) on the Application for Federal Assistance form also represents their certification of the statements in Appendix A to 43 CFR 18-Certification Regarding Lobbying
SF-424A, Budget Information – Construction and Non-
Construction Programs
Required for construction and
non-construction projects
SF-429 (Cover Page & Attachment B), Request to Acquire, Improve, or Furnish Real Property
Note: The SF-429 forms are only available in the Grants.gov Forms Repository. Applicants must download the form and include the completed form as an application attachment.

Required if requesting to
acquire, improve, or furnish
real property.

SF-LLL, Disclosure of Lobbying Activities
Required if requesting more
than $100,000 in Federal
funds and the applicant has
used or plans to use funds
other than Federal
appropriated funds for
lobbying related to the
proposed project.

Project Abstract Summary (OMB 4040-0019). Must include, in plain language:
• Award purpose,
• Activities to be performed,
• Expected deliverables or outcomes,
• Intended beneficiaries.
• Subrecipient activities (if known or specified at time of award)

Required from all applicants

SF-424A Budget Information
Reclamation uses the SF-424A for both construction and non-construction programs. The SF- 424A should be fully filled out, including both the costs that will be paid with Federal funds and those that will be paid with the non-Federal funds. In Section D of the SF-424A – Forecasted Cash Needs, applicants do not have to project cash needs by quarter. Instead include all costs in the first quarter of the first year and enter “0” in all other fields of Section E – Budget Estimates of Federal Funds Needed for Balance of the Project.

Project Abstract Summary

04/28/2026 Item No.8.

Failure to include a Project Abstract Summary will not result in removal of the proposal from consideration by Reclamation.

Project Narrative

The Project Narrative, including responses to the Merit Review Criteria shall be limited to a maximum of 15 consecutively numbered pages. If this section exceeds 15 pages, only the first 15 pages will be evaluated. The full application, including all attachments, should not exceed 40 pages. If the application exceeds 40 pages, only the first 40 pages will be considered in the merit review.

The font should be at least 12 points in size and easily readable. Page size shall be 8½ by 11 inches, including charts, maps, and drawings. Margins should be standard 1-inch margins.

Oversized pages will not be accepted.

The Project Narrative should include the components described below. Applicants should only describe the work that is reflected in the budget - do not include activities that are already complete or will be completed in a future phase.

Title Page
Provide a brief, informative, and descriptive title for the proposed work that indicates the nature of the project. Include the name and address of the applicant, and the name and address, e-mail address, and telephone of the Project Manager.

Table of Contents
List all major sections of the proposal in the table of contents.

Executive Summary
The executive summary should include:
• The date, applicant name, city, county, and state.
• Please indicate whether you are a Category A applicant or Category B applicant. If you are a Category B applicant, please briefly explain how you are acting in partnership with a Category A partner. Note: If you are a Category B applicant, you must include a letter from the Category A partner confirming that they are partnering with you and agree to the submittal and content of the application (see the Eligible Applicants section). See the Letter of Partnership section for additional information. • A short paragraph project summary that provides the location of the project, a brief description of the work that will be carried out, any partners involved, expected benefits, how those benefits relate to the water management issues you plan to address, and what planning document and objective the project supports. This information will be used to create a summary of your project for Reclamation’s website if the project is selected for funding.

Example: The Newton Water Users Association, located in northern Utah, will upgrade the Jones Pipeline from 1.1 miles of transit pipe to high density polyethylene or polyynyl chloride pipe. The project will also upgrade meters and isolation valves at 14 of the 28